MINUTES
CALL TO ORDER: John Richardson, Chairman
Matthew Evans was absent. Also present was Doug Miller, Township Legal
Counsel.
Minutes DT Zoning Commission July 12, 2004 There was a motion by Scott Evans to approve the minutes of July 12, 2004,
as written. There was a 2nd by Robert Giesse.
Roll Call - Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes The motion was approved.
CASE 2004-531 Fiesta Brava Restaurant, Stage 2 Site Plan Review, Lot 3 Neyer PUD,
Montgomery Road, General Business PUD
Staff Report Mayank Kumar described the location of the property and the zoning of the surrounding properties. There is no signage proposed at this time but Mr. Kumar pointed out the current sign and the area on that pylon sign where there is room to add the Fiesta Brava sign. John Richardson asked him what is going to happen when the Montgomery Road improvements take place. Mr. Kumar said he will be discussing that. He said no landscaping should be allowed in the right-of-way. ODOT will only give permission for sidewalks to Deerfield Township, not individuals but that is no problem. He explained some suggestions from WCRPC, ODOT, Warren County Engineers, and the Warren County Soil & Water Conservation District. The Neyer proposal of 1996 suggested a 4,000 square feet bank or retail for lot 3. This proposed restaurant is 4,288 square feet and would require more parking. He suggested they get an agreement with Sears for shared parking. Mr. Kumar said staff is recommending approval with 14 conditions. Conditions 1-7 are typical conditions from the county except #2 requires they get a permit from ODOT prior to performing any work. Condition #8 is concerning landscaping. Mr. Kumar read Condition 8 with A-F requirements. He explained the 9-14 conditions. Don de Reynier said if the board would go along with the staff’s conditions, the applicant’s plan would change significantly. Tim Hershner said there could be changes with the additional set back from Montgomery Road, and maybe down size the building. He said you could shrink the building so that the setback is achieved so that the general location is all the same but the building is smaller and push the parking back in. There could be some shared parking with Sears if they could work that out. Robert Giesse asked if they are currently working on the shared parking agreement. John Richardson said we will ask them that. Mr. Richardson asked for more board questions. There were none and he asked for the proponent to come forward.
Proponent Bob Rothert, Abercrombie & Associates, Inc., 3377 Compton Road, Cinti., OH 45251, said on the shared parking, they don’t agree with the staff’s recommendation on that. He said landscaping should be allowed in that utility easement. He said they could move the parking lot back two or three feet. He said that condition on landscaping could kill this project. He said Wendy’s and the carwash both have their parking lots in the right-of-way of Montgomery Road. Tim said when ODOT does the improvement everything must be moved back including the first row of parking. Mr. Rothert said the landscape buffer is 5 feet wide. Mr. Rothert said the lot is not big enough for that much setback. Tim said any parking lot that fronts on a road must have 6 ½ feet of landscaping. Tim said at least 10% of the front yard needs to be landscaped but the 6 ½ feet would include the 10%. John Richardson said you are 10 feet off the existing ROW of Montgomery Road but you are encroaching 5 feet into the utility easement with the parking. Mr. Richardson said when ODOT comes through you might have a problem with that. Mr. Rothert said that ODOT may not come through with the improvements for 5 more years. Tim said when ODOT comes, the Hollywood Video across the street will loose their whole front yard. When township zoning recommended trees, and they were planted, ODOT, said remove them so they planted them on the side. There were no public comments so Mr. Richardson asked the board for discussion.
Board Discussion Don de Reynier said he sees this as an opportunity to improve the way retail establishments look along this section of Montgomery Road. He said he would be inclined to stick with the staff’s recommendations on the setbacks. In other words keep the landscaping out of the utility easement and ROW. John Richardson said this would basically do away with the project. Mr. de Reynier said this is a result of their decision. John Richardson said this lot will be much different from the others. Mr. de Reynier said we have to start somewhere and this is the zoning for this item. John Richardson asked how much frontage will Wendy’s and Toot’s loose with the expansion of the road. Mr. Kumar said they will loose the front row of parking. Tim said the record plat of this property has some limitation of the property on the utility easement that doesn’t allow landscaping to be placed in it. John Richardson asked him where that was stated and Tim said on the record plat. Tim said that on the drainage statement, it says “within the easements no structure, planting, fencing, culvert, or other material shall be placed or permitted to remain which obstruct, retard, or divert.” Tim said there may be provisions that you may put landscaping in. John Richardson said so that does not pertain to the easement up front. Tim said, “no.” Mr. de Reynier asked them if they have looked at any site plans, changing the location of the restaurant to meet this requirement for parking without getting into this easement area? Mr. Rothert said that he just received the staff report a couple days ago. Robert Giesse said we agreed that he could put the plants in the utility easement and will only have to adjust a foot and a half and that he can pick up without changing the basic layout. Mr. Richardson said that is incorrect on the drawing. There was more discussion on the easement. Mr. Richardson asked Mr. Rothert if there was a problem with the requirement for trees and landscaping. Mr. Rothert said “no.”
Tim said there wasn’t an elevation shown for the back. Tim said there is an easement and it goes from Montgomery Road back and it “T’s” and goes all along the property line back there to the north and comes out by Toot’s. It should be an access drive that accesses the carwash and go behind the Shell all the way to Crestview to that traffic light, ultimately. Scott Evans said it should also be landscaped. Tim said between a building and a private road it doesn’t say it has to be landscaped. John Richardson asked if by moving the pavement back a foot and a half do you still have adequate space between that parking and the parking that is by the building to have enough space. John Richardson said if the front row of parking gets eliminated by ODOT I guess you could go to Sears about shared parking. Tim asked him if he has a designated loading space which is not in the access drive. Mr. Rothert pointed out a corner spot. Tim said the rear door is near the Sears parking lot and he suggested they would use that.
There was discussion on the following conditions.
1. Compliance with all applicable regulations including Warren County Resolution 95-1016, as determined by the Deerfield Township Trustees.
2. A permit shall be required from the Ohio Department of Transportation prior to performing any work that may affect the right-of-way of Montgomery Road.
3. Prior to Stage 3, Final Detailed Plan approval, applicant shall secure written approval from the Warren County Engineer’s Office for the ingress, egress and internal circulation of traffic. Road improvements identified as necessary shall comply with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities.
4. Prior to Stage 3, Final Detailed Plan approval, the applicant shall secure written approval of stormwater control by the Warren County Engineer, per the Rules and Regulations for the Design of Storm Sewer and Stormwater Management Systems. Compliance with Ohio Environmental Protection Agency (OEPA), National pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction as determined by Warren County Soil and Water Conservation District.
5. Prior to Stage 3, Final Detailed Plan approval, applicant shall secure written approval from the Warren County Soil and Water Conservation District for Erosion and Sediment Control Practices.
6. Prior to Stage 3, Final Detailed Plan approval, applicant shall secure written approval from Deerfield Township Fire Department for interior circulation, emergency access and location of fire hydrants.
7. One (1) loading space of 25’X10’ shall be designated in compliance with Chapter 20, Parking and Loading Regulations, of Deerfield Township Zoning Resolution.
8. Landscaping Plan dated 6-30-04 shall be revised to include following:
A There shall be at least 10% of the front yard area landscaped with trees and bushes.
B There shall be at least 6 ½ feet perimeter landscaping along Montgomery Road. Said landscaping shall include a row of “A” type trees @ 30 feet center-to-center and a row of bushes @ 3 feet center-to center. This perimeter landscaping shall be accounted in 10% front yard landscaped area and shall be 5 feet beyond the existing right-of-way.
C Parking lot landscaping islands shall constitute at least 5% of the vehicular use area.
D There shall be a row of bushes along the southern building façade facing the existing interior drive.
E There shall be at least six (6) “A” type trees along the north-east property line in addition to a row of bushes as shown on the plan.
F
The landscaping along Montgomery Road shall be placed outside the utility
easement and ROW. The landscaping along north-east property line
could be placed inside the utility and drainage easement up on approval from
Warren County Engineer’s Office and Warren County Sanitary Engineer. All
landscaping shall be installed and maintained in compliance with Chapter 21,
Bufferyards and Landscaping, of Deerfield Township Zoning Resolution. All
service structure/s including dumpster shall be screened in compliance with
Section 21.09 of Deerfield Township Zoning Resolution.
9. A concrete sidewalk six (6) feet in width shall be required along Montgomery Road. The location and detail of the sidewalk shall be mutually decided by Ohio Department of Transportation, Warren County Engineer’s Office, and Deerfield Township Zoning Administrator.
10. Prior to Stage 3, Final Detailed Site Plan review from Deerfield Township Trustees, applicant shall revise the site plan to include landscaping and sidewalk as recommended in above conditions and to rectify any discrepancies between plans as detailed in the staff report. The proposed right-of-way of Montgomery Road as required by Ohio Department of Transportation (ODOT) shall be reflected on the plan. The size of the restaurant building shall be reduced, if required, in the new site plan configuration. Applicant can pursue the option of shared parking space with Sears Hardware Store, Lot #1 of Neyer PUD. A copy of agreement for shared parking shall be submitted to Deerfield Township Zoning Office prior to Stage 3 review from Deerfield Township Trustees.
11. There shall be no dining in the basement. Basement floor area shall be exclusively used for storage only of items related to the business operations on site.
12. One (1) wall mounted sign shall be allowed in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution. Said sign shall be installed on the front façade facing Montgomery Road. The maximum sign face area of the said sign shall be one (1) square feet for every lineal feet of building frontage.
13. All project lighting shall be in substantial compliance with drawing SE-1 dated 6/30/04. The maximum height of light post fixtures shall be twenty-four (24) feet. All light fixtures shall be down directional with no lenses protruding below the housing and shall be directed away from residential areas. Any wall mounted lighting fixture or any change to the project lighting shall require review and approval from Deerfield Township Zoning Administrator.
14. Prior to Stage 3, Final Detailed Plan approval, building façade drawings shall be submitted for all four (4) elevations with dimensions and specification of building materials. All building elevations shall have similar building material, appearance, and features and shall replicate the two (2) elevation rendering submitted with the application. All mechanicals, whether roof top or ground, shall be screened from public view.
Motion There was a motion by John Richardson to approve Case 2004-531 including the 14 conditions suggested by staff and in Condition 8-B adding to the last sentence “and shall be 5 feet beyond the existing right-of-way.” Also in Condition 8-F deleting the first sentence. There was a 2nd by John Richardson
Roll Call John Richardson-Yes, Robert Giesse-Yes, Don de Reynier-No, Scott Evans-Yes
CASE 2004-578 Bob Beck, Zone Change, O/W PUD to R-MF PUD, Wilkens Boulevard
Staff Report Mayank Kumar described the zoning surrounding the 23.1 acre area which Metro Development is requesting the zone change. The plan is for 61 dwelling condo units on the 23.1 acre site. The density would be 2.64 dwelling units per acre. Mr. Kumar said this density is less than it would be if it was Residential Single Family. The WCRPC reviewed the plan and recommended approval with 9 conditions. The Warren County Soil & Water Conservation District had suggestions regarding protection of the creek. They also indicated that due to the topography of this property, that Office Warehouse use would be prohibited and said multi-family use would be more appropriate there. The topography would also allow for open space with woods and vegetation left in its natural state. Mr. Kumar referred to a table he created showing the amount of multi-family development in Deerfield Township over the last two years.
The staff conditions with changes were as follows:
1.
Determination by Deerfield Township Trustees if a housing market study
and a land use analysis shall be required to demonstrate the need for additional
land to be rezoned for multi-family uses in the general area and the impact of
same on Deerfield Township.
2. The designation of a planned unit development (PUD) overlay shall only mean approval of rezoning (Stage 1) and shall not include approval of site plans, as this is a matter of Stage 2 (Site Plan Approval Process) and Stage 3 (Final Detailed Plan Approval).
3. Mr. Robert Beck shall be designated project spokesperson for the PUD in all dealings with Deerfield Township, regardless of the number of landowners within the project. Deerfield Township Trustees may designate another individual, as property ownership changes. In any event, only a single spokesperson shall be recognized by Deerfield Township as representing the PUD.
4. In subsequent submissions for approval, the Applicant shall comply with all conditions and requirements that may be set forth by the Deerfield Township Trustees in their resolution granting PUD overlay and compliance with Chapter 19 (Planned Unit Development Regulations) of the Deerfield Township Zoning Resolution.
5. There shall be approval of Stage 2, Site Plan, in accordance with Section 19.06 and approval of Stage 3, Final Detailed Plan, in accordance with Section 19.07 of the Deerfield Township Zoning Resolution.
6. Prior to approval of the Final Detailed Plan, the developer shall expand and/or upgrade the water system, water treatment and storage facilities, sanitary sewers and wastewater treatment facilities necessary to serve the development, as determined by the Warren County Sanitary Engineer.
7. The applicant shall comply with the Warren County Subdivision Regulations.
8. A homeowner’s association shall be created to own and maintain all common open space, amenities, stormwater facilities, private accessways and parking improvement in compliance with Section 19.10 of the Deerfield Township Zoning Resolution.
9.
An easement equal in width to the drainage easement required by
Warren County along Polk Run shall be set aside as a conservation easement. It
shall be a requirement of the Planned Unit Development (PUD) that the property
owner maintain and preserve this area in its natural state, with the
exception of allowance for a low impact pedestrian crossing and/or pathway.
10. A development plan shall be submitted to show the different phases of development and shall be attached with a time line. Each phase of the development shall be independent in nature and require letters of approval from the Warren County Engineer’s Office, Warren County Soil and Water Conservation District, and Deerfield Township Fire Rescue.
11. Residential uses shall consist of no less than 100% of the property. There shall be a minimum of fifty-eight (58) feet bufferyard along the northern and southern property line and there shall be a minimum of thirty-five (35) feet front yard setback. The site density shall not exceed 2.64 dwelling per acre with a maximum of sixty-one (61) dwelling units. All buildings and dwelling units shall be single story and shall be placed east of Polk Run creek.
Any building or dwelling backing up to Wilkens Boulevard shall be effectively buffered by 100% screen. Similar screening shall be required along northern and southern property line. Said screening shall include a buffer consisting of an earth mound at least six (6) feet in height landscaped with two (2) rows of coniferous trees being a minimum of six (6) feet in height, set ten (10) feet apart on center, in an alternating pattern, with medium height shrubs in between the trees.
12.
The open space
for the entire site shall be as generally shown on the sketch plan.
Approximately 2.0 acres (~10% of 23.1 acres
rezoning area) could be developed as a useable open space west of Polk Run
creek. Pedestrian access to the said open space shall be provided, if developed,
from
Conservation easement shall be established on all propertyon the west side of Polk Run which shall be subject to review and approval in the
Stage 2, Site Plan, from Warren County Engineer’s Office, Warren County Soil and
Water Conservation District, Ohio EPA, U.S. Army Corp. of Engineer’s, and
Deerfield Township Trustees.
13. Prior to approval of the rezoning, the developer shall provide the legal description of the property.
14.
The sidewalks and pathways shall be in compliance with the Deerfield Township
Pathway Plan including pathway along Wilkens Boulevard. . and inside
the development. Details of said sidewalks and pathways shall be
worked out in Stage 2, Site Plan Approval Process and shall require approval
from Warren County Engineer’s Office.
15. A geo-technical report shall be required for all buildings and structures located along Polk Run creek and/or placed on a slope greater than 18%. Such report shall be submitted to Deerfield Township Zoning Office prior to Stage 3 approval of any part of the development and shall be subject to review by the Warren County Building Department and/or any professional firm as determined by the Board of Township Trustees.
John Richardson asked Mr. Kumar why the staff recommended access to the other side of Polk Run Creek. Mr. Kumar said if the open space is “usable” open space, then there should be access to it. Doug Miller asked about Condition #1 and if the staff is recommending approval, why does the staff suggest a housing study be done. Don de Reynier said that to him, a housing study would be very important. Mr. de Reynier said the information that he could get from a housing study would help him make an intelligent vote on this issue. Robert Giesse said should a housing study be tied to this particular case or should it be done separately to the trustees. John Richardson said we should determine whether we want that condition met before we approve it. John Richardson asked the proponent to come forward.
Bob Beck, Metro Development, 4981 Bridge Lane, Mason, OH 45040, said this site is basically divided into two sections because of the Polk Run Creek. Mr. Beck said the prospect of developing this site as it is zoned right now has been investigated and it would be economically impractical. He said it would absolutely devastate the site. Mr. Beck said they want to develop “high end” condominiums in the price range of $250,000 to $380,000. The units would have first floor living areas with a lower level which could be partially finished. Mr. Beck said Mr. Natorp was concerned because he had received other proposals for the site that called for developing both sides of the site. The mature stand of trees would be obliterated. The other proposal would have had smaller units with much higher density. This plan has taken a whole year to develop. During the year they have met with the Army Corps of Engineers, Ohio EPA, Dan Corey, Warren County Engineers, and Dave McElroy, Warren County Soil & Water Conservation. Mr. Beck said if we would have planned Office Condos, there is a much larger demand for parking. Mr. Beck commented on the (Condition #12) open space requirement in the conditions, asking for “usable open space and pedestrian access to the open space.” He said there is a need for empty nester housing and these folks would not be interested in hiking up the steep slope. They would be more interested in walking on the sidewalks over to the nearby shopping and restaurants. Mayank said the reason for the buffer yard requirement is because the property to the north may develop retail and there must be buffering from the residential to retail. Mr. Beck said that requirement is for straight zoning and they are requesting a PUD.
Mr. Beck referred to Condition #9 and an easement requirement for an untouched natural area equal in width to the drainage easement required by Warren County along Polk Run. Mr. Beck said on Condition #11 the bufferyard is accomplished with screening with landscaping and mounding. They would design that and submit that during the Stage 2 process. Mr. Beck said he referred to Condition #12 earlier and he doesn’t believe with this market they should be required to develop the 2 acres on the other side of Polk Run. Condition #14 with the pathways going towards the other side of Polk Run is the same as #12 but the sidewalk along Wilkens Boulevard would be an asset to the development. Don de Reynier asked him if he would have this same attitude if this were Residential Single Family and not empty nesters. Mr. Beck said again that a pathway up the hill would not be used but a sidewalk out front would be used. Tim said he does agree with the applicant but these things are put into the conditions to make the applicant aware. Mr. Kumar said the reason the bufferyard requirement in Stage 1 is in the staff report is because the land use is not compatible with the zoning to the north. John Richardson said the only disturbed ground beyond Polk Run is the 18 inch sanitary sewer. Mr. Beck said he physically walked with Bruce Smith of the Ohio EPA along the course of this sewer. Mr. Beck the closest condos near here which are similar, are one which Towne Properties built at Snider and Kemper Road.
Scott Evans asked what keeps pedestrian traffic out. Mr. Beck said during the day the gates are left open but at night they are closed. Mr. de Reynier said can we specify a condition for residential that these are all privately owned but some could be developed as rental property. Mr. Beck said they would come back at Stage 2 and they would build them, 3500 square feet units which could sell for $380,000 and Mr. Beck believes to rent those would be very problematic. He said that is not a consistent economic practice today. Don de Reynier said we would be allowing it with a zone change because there is no site plan. John Richardson asked why can’t we specify that they are owner occupied. Doug Miller said you can’t control ownership through zoning. Tim said in the past we have stipulated minimum size units. John Richardson opened the discussion for opponents.
Faye Smith, 5474 Old Farm Drive, Mason, OH, pointed out on the map the location of her property. Ms. Smith was concerned about the Polk Run Creek and asked that it be protected. She urged them to walk the property. She was also concerned about the wild life in the creek. She said the bike path to Cottell Park is a good idea but she doesn’t want the bike path to go through that property. She said the creek has flooded many times over the years. Ms. Smith said the Warren County Water and Sewer are planning to install a sewer pipe. John Richardson said the pipe is shown on the map and they avoided the creek.
Gary Rasmussen, 5520 Homecrest Lane, Mason, OH, said his property backs up to the new Squire’s Gate and this property. He asked that his private back yard remain private. He said he is concerned about future development. Mr. Rasmussen commented that the property they are discussing tonight has land, half of which is not useable. He said he doesn’t want the un- useable part to be used for lift stations. He pointed out several lift stations near his home. He said the creek gets really high when it rains. John Richardson asked if this board is allowed to require that the lift stations be eliminated.
Kate Olsen, 8704 Charleston Park, Mason, OH, said that she was impressed with the developer’s willingness to work to develop this complicated piece of property. She asked that they should guarantee to preserve the creek and have very low density. Ms. Olsen said the Mason school district would not be planning for more students to live here and that is a concern. She said the PUD should help it be and help it stay, low density. Ms. Olsen said all of the west of Polk Run should remain a conservation district. She said the square footage of each individual unit should be looked at. She said a bufferyard is needed to the north.
Diana Halligan, 4070 Brookside Court, said a moratorium should be put on any new development. She explained flood plains and pollutant settling. Tim said that on any new development that goes in, their storm water improvements and management that are provided on that development, should offset control the stormwater that goes into it. Ms. Halligan wants streams protected with silt screens.
Board Discussion John Richardson closed the public comments and asked for board discussion. Don de Reynier said it is a nice development but he is concerned that we already have enough land that is already developed for residential. Mr. de Reynier said he would like a housing market study and land analysis done for the township before this development is allowed to go in. Tim Hershner passed out a page out of the 2003 housing forecast report. He said it is just a report and not a study or an analysis. It suggested at build out there be 60% R-SF, 20% Condos, and 20% Apartments. Tim said based on that there are numbers at the bottom of the page which show that to get to 20% condos would have to increase and apartments decrease. Tim said recently The Falls added condos next to the apartments. Nantucket recently changed some apartments to condos and they are selling. Tim said the apartment units are being reduced. Tim said as far as single family, at Long Cove he estimates that the density is half to a third of what could have been there. Don de Reynier referred to a table in the staff report which show multi-family projects approved within the last 2 years but the data was done with percentages. Mr. de Reynier said he would prefer the table show actual number of units. Mr. de Reynier said he understands this mix of residential units but said what he is driving at is, “would a housing market study and land use analysis, would that say whether the 19,671 units is correct. You see what I’m saying? Not the mix of residential, but how much residential there is in total, regardless of the mix. Is that an important factor?” Mayank Kumar said the most important factor with this report…this report doesn’t speak for the zone change. This report is prepared forecasting the units in the township. Mr. de Reynier said, “We shouldn’t have more than 18,000 or 20,000 units in the township, not the mix. To me they are two different things.” Tim said he agreed but we should have a land use analysis done to not only say how many units we should have for residential but how much acreage we should provide for commercial and all different aspects. He said you want to have a well balanced land use if you can. Mr. de Reynier said, “presumably the original land use factored that in, presumably, in the zoning.” Tim said I don’t think the analysis was in our original land use plan. Doug Miller the land use plan needs to updated first of all and that is not a function of this board. It is seven years old. Don de Reynier said, “We talk about these things and they never occur.” Doug Miller said he doesn’t know that the township has adopted anything, as to what we would like to see so he didn’t know what a study would show you because there is no guideline. John Richardson said the guidelines are not set by the township as to where we want to be. Don de Reynier said, “We’re always in the same position, too. That’s what I find disturbing. We don’t have good guidelines I don’t think.” John Richardson asked Tim if there are intentions is in the township’s future, to set guidelines as to where we want to be, percentage wise. Tim said the most recent proposal is to do corridor studies along Montgomery Road and Mason-Montgomery Road. Tim said there is funding in our budget this year for that if the trustees would approve that and agree that is what they want to spend the special money on. Tim said he did ask for a land use plan update 2 years ago and he was denied that. Tim said we asked for an analysis last year, a growth analysis, and that was not allowed.
Doug Miller said even the opponents of this case would rather see this as residential instead of commercial. Robert Giesse said he is in favor of striking Condition 1. John Richardson asked Mr. Beck asked if there were any concerns from the county or state about the 2 detention ponds being in the flood plain. Mr. Beck said Dave McElroy asked them to channel the water from the construction site to the ponds. Mr. Beck said they will affectively capture the water as suggested. Mayank said these ponds will have a different set of construction details or standards. John Richardson asked about the larger pond andd how far above the creek line it will be. They said the pond was a couple of feet higher. John asked at what point would you get pond water in that creek, a half inch rain or what. Mr. Beck said the current PIMA map shows a 6 feet rise from the existing pool stage from a hundred year rain. Mr. Beck said they have tried to study this to make sure this all works.
Mr. de Reynier said if Condition 1 is left in there, it forces the trustees to act. Doug Miller said this condition should not be on this case. Doug said if you think you need a market study, why did you vote to approve the case. Tim said if you agree a study must be done, a motion should be done outside this case, separately. Doug said on any of these cases you can pass a motion to advise the trustees, if you think this study, or that study be done. Scott Evans asked Mr. Beck if he did a study to determine that these units would sell and there is a demand for this product. Mr. Beck said they have done a study for their purposes and those features that consumers want. Mr. Evans told Mr. Beck that since you are satisfied with that study then you will take the risk.
Scott Evans said on Condition #12, that the ODNR maybe should be added to the list for review and approval. He was told that was not necessary. John Richardson said he is against the 2 acres of open space because of the neighbors but is it right to force the owner to have the conservation area. Tim said the conservation easement designation was done before on the Senior Housing case. Scott Evans said even though it is an undisturbed area, they should have to clean up dead trees. Tim said that could be in Stage 2. On Condition #11, John Richardson said he believes the 58 feet bufferyard should be changed to minimum 50 feet bufferyard along the north by the O-W PUD. He said 35 feet should be maintained along Wilkens Boulevard.
John said on Condition #9 there is an amount set aside for the creek to meander. Tim suggested to delete the last portion of Condition #9, “with the exception of allowance for a low impact pedestrian crossing and/or pathway.”
Scott Evans mentioned Condition #12 and eliminating the 2nd line, the next line ending with “if developed, from east” then adding “Conservation easement shall be established on West side of Polk Run, etc.”
On Condition #14, Mayank suggested adding after, “along Wilkens Boulevard, as determined by the Deerfield Township Trustees.” Tim said on the pathway plan it actually shows a pathway going up the creek way. It would suggest that the condos along Fields-Ertel where there is an existing pathway along the creek way, that the pathway would be continued all the way up the creek way. Tim said there is an easement at the end of Woods of Squires Gate to continue the pathway. Doug said the easement may be there but it is not built. Doug Miller said Condition #14 should read as follows: “The sidewalks and pathways shall be in compliance with the Deerfield Township Pathway Plan along Wilkens Boulevard.”
Don de Reynier asked if they should try and specify a square footage on these units. Mr. Beck said the smallest unit would be 1700 square feet on the primary floor and the lower level would be partially finished. That would add some square footage.
Motion There was a motion by Scott Evans to approve Case 2004-578 with the 14 conditions from the staff, deleting Condition #1, making 13 conditions, making changes to #9, #11, #12, and #14. There was a 2nd by John Richardson.
Mayank Kumar said this case was tabled to a later date because of the issue of underlying zoning issues. He said the applicant has submitted a new site plan for Tahoe’s. He said it is not in compliance with zoning and is in violation of the Stage 1 or Arbor Square PUD. Therefore, the staff recommended denial.John Richardson said since the staff recommends denial, what are the alternatives. Mayank said the application is for a Stage 2. If the Stage 2 is not in compliance with Stage 1, you need to modify the Stage 1. John Richardson said Stage 1 is not compliance with the zoning. Doug Miller said the question is why doesn’t it comply with Stage 1. Doug Miller asked Mayank if the percentages are wrong. Doug said there are 2 issues the way you calculate it, 1) that there is still too much acreage in the Tahoe’s application and 2) the additional issue that showed a straight line on the PUD, whether that is a guideline or not.
Bill Mees, 100 S. Business Way, Cincinnati, OH, said he does agree with the chart and due to time constraints wants
to bring the proposal forward. He said Tahoe’s is not Office Warehouse nor is it retail and he had hoped due to the uniqueness of the project they would be able to have it approved. He said in April he believed that cell tower rezoning would achieve the percentages allowed for this project. Mr. Mees said they would make the development smaller. He said higher intense uses would be closer to the main thoroughfare, and less intense would be near the residential. He said the building would be 750-800 feet from Wilkens Boulevard. Mr. Mees said he thought they had met the requirements needed.
Kate Olsen, 8704 Charleston Park, Mason, OH, said that she wants retail near Mason-Montgomery. She asked that the board make sure recreational zoning stay there if the tenant would decide to leave.
Todd Clifford, 4636 Sarah Drive, Mason, OH, said he believes they would like to get as close to Mason-Montgomery Road and away from residential areas. He said the arbitrary line that is not even on the survey is the problem. Mr. Clifford said they can adjust the size to correct the issue. He said it would be a shame if an arbitrary line would force them to go on the west sided.
Board Discussion John Richardson closed the public portion. John said he believes the line is very arbitrary. He said he likes the development and thinks it would be a good thing for the township. Scott Evans said he didn’t see a line and believes this would be an asset to the community. Don de Reynier said he agrees but wants to make sure it is located to the east. Todd Clifford said they have done everything possible to avoid the west of WilkensBoulevard. John asked if the board must deny this case because of the acreage. Doug said the board could say that the acreage cannot exceed 3.0391. John said or the total PUD cannot vary from 51-49 maximum. Mayank said sometime in the future when Wilkens Boulevard is taken by the county, that Wilkens Boulevard would be excluded from the entire PUD and if the amounts are no longer are in agreement with the PUD, what happens. Doug Miller said if you stick to the percentages you would be alright. Doug said if something beyond their control makes them non-compliant, he doesn’t know that we can come in and say, you must tear down an outbuilding. Mayank said Stage 1 is a vague document. It is a nonbinding document which is approved. Doug Miller said if you are at 51% and you loose some land, you are not going to get greater than 51%. Doug said this project would use up all of the 49%. Mayank said if Wilkens Boulevard goes in, then is it non-compliant. Doug said he would call it non-conforming not non-compliant. Doug said it would not match the required percentage. Scott Evans said Mrs. Olsen made a good point, that how could we assure that if it goes “belly up” it will remain “family entertainment.” Doug asked what category this is. Mayank said commercial recreation. Doug said that this percentage can be used for other than office warehouse. Don de Reynier asked if this board could restrict this to commercial use. Doug Miller said we could say commercial recreation but that may cause it to Bill Mees said because they have gone back and done the rezoning, and The Child’s Place on Duke Drive had some similar problems with the school in the industrial park. Todd Clifford said they are allowed to put 50% of the parking into the Office Warehouse area to try and stay with the percentages of the PUD. Tim said if the building went more north-south it may help. John Richardson said he wants to make a motion that the board approve but we must specify that it meets the 49%-51% which was set earlier for the PUD. Don de Reynier said, “Is there any way to say that if it is not a commercial recreation, it will revert back to Office Warehouse.” John said by that, we would be saying it is not in its proper zoning and then we would be saying the line does mean something. Bill Mees asked if the consensus of the group is that the use issues, the 49-51, has been deliberated upon this evening and we will come back with site planning issues, landscaping, enclosure for dumpster, parking and things like that. John Richardson asked the board for a straw vote. They all said yes but Mr. de Reynier said, “I’d like to see if there is some condition that could be put in there that would limit other uses somehow, but…” John Richardson said if there is an “after this” use. Doug Miller said what you are really finding is that when they cut the acreage down, this use is going to fit within the requirements of the PUD. Doug Miller said they are going to bring a site plan back the next time. John Richardson said we are not determining the percentages the next time but we will be looking at the site plan. Don de Reynier said, “That’s what our “straw vote says.” John Richardson said, “right.”
Motion John Richardson made a motion to continue Case 2004-112 for Tahoe’s Entertainment Resort. There was a 2nd by Scott Evans.
Tim Hershner said on April 20 the Deerfield Township Trustees heard this case, or heard this application, as a recommendation for denial from this board. The applicant at that time asked to table the case. On May 18th the trustees heard it again and tabled it indefinitely. Not part of the motion but part of the discussion was that if a revised plan came in which was greatly changed, the applicant could consider coming back to this board for your comments. Tim said on Condition #2, he suggested the board deliberate on this and recommend the board doesn’t just pass this on to the trustees, even though they make the ultimate decision and have the final say. Doug Miller said because the board did not officially send this case back to you, the recommendation for the Shoppes North under the zoning code is denial. Tim asked what triggers a reconsideration. Doug said if the trustees had officially voted to send that back, that would be a reason. The applicant said he didn’t hear about this until tonight until 5:30 this evening. Doug said the minutes don’t make any difference since this board is advisory anyway. John Richardson asked if they are limited to 11:00 PM. Doug told the court recorder to let him know when she needs a break.
Staff Report Mayank Kumar explained the plan for the 15.54 acres site. He said the property is agricultural. Planned are 10 structures of which 7 are office condos for a total of 94,000 square feet of leasable floor space. There are 3 restaurants planned with a total of 18,883 square feet. He said there some key issues are open space, parking, and bufferyard to the west and north which are open for discussion. There are 31 Conditions suggested by staff. Condition #1 has the two options for the bufferyard which the board is to choose. The A choice is the straight zoning requirement and B is in compliance with Chapter 21.10. Mayank said staff suggests a 63 feet buffer. Condition #2 is regarding parking and is to be determined by the trustees. Tim suggested the board be specific in their recommendations.
Joe Trauth, representing Vandercar Holding Developer, said when the township adopted zoning the zoning was GB or OW and the applicant/owner said they were going to develop totally in Office Warehouse or totally in General Business on any combination of the two. When they originally came in with the application we showed all retail and that was rejected. He said they went “back to the drawing board.” Now they have 94,000 square feet of office condos. There is 18,883 square feet of retail which is near Mason-Montgomery Road. Mr. Trauth suggested the plan be approved as submitted. He said Steve Dragon will address some of the conditions.
Steve Miller, Vandercar Holding, made a couple points that the staff touched on. He said the office condo is two story. He said the worked hard to come up with a plan that the trustees would like. The Bowen Park is in the southwestern corner of the park. The road as it is shown on the drawing, is the only access place that he Warren County Engineers would allow it to go in due to the closeness to Mason-Montgomery Road and to allow proper stacking. That is why the park area has changed from the previous plan. Mr. Miller said the creek is only being disturbed minimally, less than 200 lineal feet, which is in compliance with the EPA, without having to get an additional permit from them. He said he has a revised traffic study with revised counts which have been approved by the Warren County Engineers Office and the right in and right out which has been approved by the Warren County Engineers. He said his company does not do retail or the office condos but they are working with a company who has that expertise for the condos. The storm water calculations are still in compliance. The parking ratio was shown as 2.5. Mayank said it is 2.5 for the offices and 10 for the restaurants. Steve said in the office condo user’s experience they believe they need 4.5 for the office condos. He said there will be come shared parking and cross parking especially taking place on Saturday and Sunday.
Mr. Miller said they agree that there will be no “drive through” restaurants but they do request a “drive through” for the bank which will be 4 lanes. He said this is the plan which was submitted.
Steve Dragon, CDS Associates, 11120 Kenwood Road, Cinti., OH, said the changes in the plan from retail to office condo, and they believe they are consistent with what was expected. The office condo units have a residential look. Mr. Dragon said it is crucial to the office condo development that the parking ratio be maintained.
Mr. Dragon said they would be willing to remove pavement from the north of the buildings and from the west of the buildings but 63 feet is too much to give up. He said 30 feet with buffering and landscaping would work. The significant change from retail to office would change the character of the development with items listed in Conditions 12 and 14 regarding the streetscape would not be necessary now. Those requirements were for the Deerfield Towne Center which is a lifestyle center. He asked the board that this use should not carry the burden of those types of development costs.
Mr. Dragon said Condition #24 suggests the applicant return to this board as part of the Stage 3 process, in keeping with the approval south of Bowen, but they request that this be waived except for tenant specific outlot, submitting specific site plans for the 3 outlots in the front. He believed he had submitted a Stage 2 plan here that is sufficient for approval and he asked that this board allow the trustees to carry through the standard zoning approvals throughout the rest of the zoning process.
On Conditions 30 and 31, he requested the wording for 31 be changed so a drive through could be allowed for the bank. The zoning standards have a couple modifications which were carried through from the south site under design standards Item #2, which recommended brick veneer and they would like to be allowed to use brick and stone veneer material in that condition. Mr. Dragon said they also would like some clarification on the placement of a 4000 square foot minimum in Item 1, use restrictions. Mayank said that is 4000 minimum which came from the Shoppes south site. Mr. Dragon said he couldn’t see the reasoning behind that. Tim Hershner said the condition was to make sure these would be sitdown, upscale restaurants. John Richardson asked what is the reason for that. Tim said Condition #45 on the Shoppes south said a total of no more than 4 freestanding, sitdown restaurants over 5000 square feet and financial service facility shall be permitted. Steve Miller said if they wanted to put a 2000 square foot Starbucks Coffee Shop, it would not be allowed. Joe Trauth said that it should read, “the development of the outlots shall be limited to, two freestanding, sitdown restaurants and one financial institution.”
John Richardson asked him about his suggestion for the rear of the buildings on 9, 10, 11, and 12. Mr. Dragon said they proposed eliminating the parking in the rear and a 30 feet buffer from the building to the property line. They would like to take some of the parking, not all of it and put some to the front. Mr. Dragon said it would be a brick building and all the parking would be away from the apartments. Tim said these office buildings, more residential in character and these you have planned are more low scale than the apartments. Tim said he has no problem with the reduced bufferyards, particularly since there is no pavement. Joe Trauth said the only concern would be that the DTFR would have a problem. Steve Dragon said he hopes the fire department would be ok with it. Tim asked about Condition #14 and the streetscape and retail use. Tim said the same issue relative to signage at the southeast corner of the site is more for retail use. Tim said office development is more likely named like a subdivision name. Tim said we could deal with this in Stage 3. Mr. Miller said that would be fine. John Richardson closed the applicant discussion and asked for any public who would want to comments.
Diana Halligan, 4070 Brookside Court, said they should make sure the drainage easement for Simpson Creek is in compliance with the requirement of 82 feet, 41 on each side. She pointed out some terminology used in Condition #18 and told Mayank Kumar they used the wrong term in the condition. She said they should have said bio-retention instead of bio-infiltration. Tim Hershner asked her to explain what the terms mean to the board. She explained this to the board. She discussed drainage swales and methods of protecting the creek. She complained about the traffic and said she didn’t understand “right in and right out.” Tim said Dan Corey explained to him today that they can already see that ‘right in and right out “ helps the intersection, because people can turn in before they get to the light. John Richardson asked her if the county has been helping her. She said she went out with Dave McElroy to a site. John Richardson asked her if what she is doing is working.
There was a motion to adjourn for a break by John Richardson and to reconvene at 11:35 PM. There was a 2nd by Don de Reynier. The motion was approved. There was a motion to re-adjourn by John Richardson and a 2nd by Don de Reynier. The motion was approved.
John Richardson asked what is the requirement on the park space, 5 acres? He was told yes. Tim said the original park plan is there and the county made requirements for the access drive. Steve Dragon said the driveway cuts through the park. Steve Miller said the lineal square feet of the road in the park leaves the 5 acres. Steve Dragon said they can comply with the drainage / conservation easement. Scott Evans asked if it was bio-retention or bio-filtration. Mr. Dragon said he believes it is bio-retention. John Richardson closed the public portion of the case.
There was discussion on Condition #1 and they chose to delete (a) and make some changes to (b). There was discussion on Condition #2 and changes. They decided to delete Condition #12 regarding the streetscape requirements. There was discussion on design standards. John Richardson said there are no minimum square footage. Mayank said the second line says, “The development of outlots shall be limited to 2 free-standing sitdown restaurants and one financial/bank use.”
1. The bufferyard to the north and west shall be as determined by the board of Zoning Commission. Below are the two options that staff is suggesting the board to pick from:
(a)
The bufferyard along northern and western property line shall be
a minimum of eighty-four (84) feet in width. Said bufferyard shall be landscaped
with a row of “A” type trees planted thirty (30) feet apart and a double row of
six (6) feet high “E” type bushes.
(b)
The bufferyard along northern and western property line shall be a minimum of
sixty-three (63)
thirty (30) feet in width. The plant material shall
be in compliance with Chapter 21.10 of the Deerfield Township Zoning
Resolution. Said bufferyard shall be landscaped with a double row of
“C” type tress (i.e. White Pines, or Norway Spruce), planted ten (10) feet apart
on center along with a three (3) feet high mound.
2.
The number of restaurant outlots, site parking ratio, and open space
shall be as shown and modified. determined by the Board of Township
Trustees.
3. Existing mature trees along Simpson Creek shall be maintained and reflected as such on the final site plan. No vegetation shall be removed under any circumstances without obtaining a zoning permit from Deerfield Township Zoning Office.
4. The applicant shall secure and submit a letter from Warren County Engineer’s Office responding if the approved Bowen Property Traffic Impact Study (CDS Associates, Inc.) shall require revisions or amendments because of change in use and size of buildings. The letter shall also respond to the new right-in/right-out access point as shown on the site plan along Mason-Montgomery Road.
5. The site plan shall be revised to include the right turn lanes along Mason Montgomery Road and Bowen Drive as approved by Warren County Engineer’s for Bowen TIS. Any sidewalk or landscaping along Mason-Montgomery Road and Bowen Drive shall be adjusted accordingly. There shall be a minimum of fifty (50) feet setback along Bowen Drive measured from the proposed right-of-way (ROW) or the edge of the right turn lane/s approved for Bowen TIS. The outlot building proposed on the south east corner of the site shall be relocated accordingly.
6. The landscaping of the site shall be in substantial compliance with the landscaping plan titled “Landscaped Development Plan” dated July 7, 2004. All site landscaping shall be installed and maintained in compliance with Chapter 21, Bufferyards and Landscaping, of Deerfield Township Zoning Resolution and shall be maintained by a professional contractor, evidenced by an executed contract, in compliance with Section 21.05 (C) of the Deerfield Township Zoning Resolution.
7. A plan of plantings large native hardwood street trees on Bowen Drive and the south-west access drive shall be submitted to and approved by Deerfield Township Zoning Administrator. Landscape islands shall be added to Bowen Drive in agreement with Warren County Engineer’s Office.
8. Not withstanding condition #7, no landscaping shall be placed off-site. All landscaping along Mason-Montgomery Road and Bowen Drive shall be placed outside the proposed ROW and utility easement.
9. Any part of the loading space, loading areas, and service areas shall be completely screened from the public right-of-way (ROW) to avoid view from a six (6) feet level above grade along any part of Mason-Montgomery Road and Bowen Drive.
10. A grading plan of the entire site shall be submitted reflecting the grade levels of the proposed detention pond and existing retention pond.
11. The maximum height of light post fixtures shall be twenty-four (24) feet with no lenses protruding below the housing except for approved decorative light post fixtures. The illumination shall not exceed 0.2 lumens along the property lines except at the proposed two (2) access point locations along Mason-Montgomery Road and Bowen Drive. All wall mounted light fixtures shall be down directional with no lenses protruding below the housing except for approved ornamental fixtures.
12.
Submit a “Sidewalk Plan” detailing the sidewalks and pedestrian
connections within the proposed development and with the surrounding
developments. The plan shall also include the details of the proposed sidewalk,
including, but not limited to, streetscaping elements (textured concrete
crosswalks, decorative light posts fixtures, ornamental wall mounted light
fixtures, benches, landscaping). This “Sidewalk Plan” shall be approved by the
Deerfield Township Zoning Commission.
13. The Sidewalk Plan shall provide a minimum of six (6) feet wide sidewalk along Mason-Montgomery Road and Bowen Drive with a minimum of ten (10) feet setback from the proposed right-of-way (ROW). All other sidewalks and connections inside the development shall be a minimum of four (4) feet in width.
14.
The landscaping plan and sidewalk plan shall include the streetscaping elements.
as stated in condition #12. Special attention shall be
given to the retention ponds and entry points into the development to provide
focal points (i.e. pedestrian paths around retention ponds, gazebo, benches,
sculpture and architectural elements). An integration of landscaping plan and
sidewalk plan resulting a “pedestrian plaza” is suggested as shown in
“Appendix-A.” Similar kind of pedestrian plaza is encouraged in the proposed
development and shall be installed at each site entry point and corner of
Mason-Montgomery Road and Bowen Drive. The site plan shall also include the
pedestrian paths highlighted as shown in “Appendix-B.” The sidewalk plan shall
provide similar detail as shown in “Appendix-C.”
Note:
Appendix-A is the path design for Chestnut Hill Subdivision located north of Bethany Road in Deerfield Township.
Appendix-B, and Appendix-C are the approved sidewalk plan and streetscaping details of the Towne Center development.
15. Compliance with the Warren County Official Thoroughfare Plan.
16. Road improvements, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Trustees, in compliance with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities.
17. Approval of access and interior circulation by the Warren County Engineer and the Deerfield Township Fire Department.
18. The stormwater drainage plan attached here to as Exhibit _1_ shall be approved by the Warren County Engineer and Henderson and Bodwell in strict compliance with all governmental regulations including, but not limited to, the Warren County Rules and Regulations for the Design of Stormwater Management Systems, Simpson Creek/Landen Lake Watershed Study and Model, United States Army Corps of Engineer’s regulation, and United States Environmental Protection Agency regulations. The boundaries of the 500 year flood plain shall be reflected on the final site plan.
Parking lots shall drain stormwater through engineered bio-infiltration swales or basins. The area required for these shall count towards the required parking lot landscaping. Any conflicts between the requirements of best practice planting in bio-infiltration areas and planting requirements of the landscaping chapter of the Deerfield Township Zoning Resolution shall be resolved by the Deerfield Township Zoning Administrator. The bio-infiltration measures shall not be required to reach any numerical target.
All stormwater basins shall be sized for 25 year critical storms.
19. The Stormwater Drainage Plan shall be approved by Henderson and Bodwell based on the Simpson Creek Stormwater matrix. All future improvements shall substantially comply with the approved Stormwater Drainage Plan. All the future improvements shall provide a letter of approval from the Warren County Engineer’s Office and Henderson Bodwell for use in the Stormwater matrix.
20. Erosion and sediment control, as determined by the Warren County Soil & Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations. Additionally, stormwater quality controls are required. Bio-infiltration and extended detention as per NPDES general permit shall be required.
21. Compliance with Warren County Subdivision Regulations.
22.
The proposed ground mounted sign
shall be determined in Stage 3.
as revised January 19, 2004, and shown on Sheet No. D-3 shall be
limited to one face only. The minimum setback shall be in compliance with
Chapter 22 of the Deerfield Township Zoning Resolution.
23. One directional sign as revised January 19, 2004, and shown on Sheet No. D-4 shall be allowed. The edge of the direction sign shall be at least ten (10) feet away from any edge of pavement.
24.
Prior to Stage III, Final Detailed Plan approval by Deerfield Township Trustees,
all outlots
future improvements shall be subject to Site Plan Review by the
Zoning Commission. There shall be no parking between the outlot restaurant
buildings and the Mason-Montgomery Road and Bowen Drive.
25. The Site Plan Review for all future improvements shall be subject to final approval by following agencies: Warren County Engineers Office, Warren County Water and Sewer Department, and Warren County Soil and Water Conservation District. Any change to the approved plans shall require Zoning Commission review and Trustees approval.
26. All project landscaping shall substantially comply with the approved Landscaping Plan. As future building plans are submitted to the Township Zoning Commission for site plan review, landscaping/ bufferyard requirements for each outlot may vary depending upon the current status of the overall project and the design/elevation of the subject building.
27. All future improvements shall strictly comply with the approved Lighting Plan and Lighting Standards.
28.
The entire project shall strictly comply with the approved Sidewalk
Plan.
29. Signs for outlots shall be in compliance with the Deerfield Township Zoning Resolution, except for the following sign allowances:
a. No ground mounted signs shall be allowed for individual outlots.
b. No wall mounted sign shall be allowed for the office buildings other than directional and informational signs.
c. Two wall mounted signs shall be allowed for any single tenant outlot. Two wall signs may be installed on any building elevation with no more than one wall sign on one elevation. Also, no two wall signs shall be visible from any given point. The maximum area of each wall sign shall be no greater than one square foot of sign face area for every lineal foot of the respective building elevation length. The maximum cumulative wall sign area for each outlot shall not exceed 150 square feet. The wall sign shall not exceed 36 inch in height with a maximum length of 70% of the building elevation length.
30. All development shall comply with the approved Shoppes of Deerfield North Site Design Standards. In case of any conflict, this list of conditions takes priority over the standards.
31. No drive through facilities shall be permitted on any building and/or outlot except for one financial/bank use.
:DEERFIELD, NORTH SITE
DESIGN STANDARDS
The board also made changes to the Design Standards as follows:
1) Use
Restrictions: No noxious or offensive activity shall be
conducted on the property nor shall anything be done thereon which may become or
create an annoyance or nuisance (by reason of unsightliness or the excessive
emission of odors, dust, fumes, smokes or noise) . Development of the
outlots shall be limited to freestanding sit down restaurants of over 4,000
square feet only. The
development of outlots shall be limited to 2 free-standing, sitdown restaurants
and one financial/bank use.
Use of office condo buildings shall be restricted for “office” uses only
as defined in Deerfield Township Zoning Resolution.
2) Building Material: The building materials for the exterior walls of all structures located on the outlots shall only consist of brick veneer, stone, and/or stucco, and shall be complimentary to the materials, color of the office condo buildings. All outlot building elevation fronting on a public or private street shall be of similar design and material of the front building elevation. Painted aluminum and glass storefront is permitted so long as the color is complimentary to the exterior building material and does not exceed 25 percent of the storefront elevation. Roofing material used for all structures shall be architecturally compatible in terms of material and colors. Roof mounted mechanical equipment shall be effectively screened from public or private street.
3) Outside Storage, Merchandise Display, and Equipment: No outdoor storage, merchandise display or equipment shall be allowed at any time.
Outside Storage shall mean an exterior depository, stockpiling, or safekeeping of materials, products, vehicles, trailers, and the like outside the principal or accessory buildings on a property in an unenclosed or uncovered area for more than 96 consecutive hours or any part of a day for four (4) consecutive days.
4) Maintenance: The owner or lessee of any portion of the property must at all times keep the premises, structures, all other improvements, and appurtenances thereon in a safe, clean, and well-manicured condition and comply in all respects with all governmental health and police requirements and will contain and remove at their own expense any trash or rubbish of any character whatsoever which may accumulate on said property.
Motion There was a motion by Scott Evans that the Deerfield Township Trustees
accept the site plan and 29 condition as discussed tonight. There was a 2nd by Don de Reynier.
Roll Call Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Don de
Reynier- Yes The motion was approved.
Roll Call John Richardson-Yes, Robert Giesse-Yes, Don de Reynier- Yes Scott Evans-Yes The motion was approved.
New Business
Motion There was a motion by Don de Reynier to request for the DeerfieldTownship Trustees fund a study and an update of the land use plan.
There was a 2nd by Scott Evans.
Roll Call Robert Giesse-Yes, Don de Reynier- Yes Scott Evans-Yes
John Richardson-Yes The motion was approved.
10:30 PM ADJOURNMENT
There was a motion by Don de Reynier to adjourn. There was a 2nd byScottEvans.
Roll Call S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-yes
The motion was approved.