MINUTES
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, Lee Speidel, John Richardson, Robert Giesse, Don de Reynier, and Matthew Evans were here.
MINUTES: Minutes DT Zoning Commission October 14, 2003
Motion There was a motion by Scott Evans to approve the minutes of October 14, 2003, with the above changes. There was a second by Robert Giesse.
Roll Call Don de Reynier-yes, S. Evans-yes, L. Speidel-yes, J. Richardson-yes, R. Giesse-yes The motion was approved.
CASE 2003-612 Shoppes of Deerfield, South, Stage 2 PUD (2 & 3 Walmart)
CASE 2003-611 Shoppes of Deerfield, North Stage 2 PUD
John Richardson stated that the above Case 2003-612, will be continued and not heard tonight due to a request from Walmart. Mr. Richardson stated that the public may have read this in the newspaper. Mr. Richardson said that tonight this board will not be taking any public comments but there will be comments from the township staff and comments from the township’s legal advisor. Doug Miller stated that on Thursday, November 6th, he received a letteR from Attorney, Tim Mara who is representing some of the residents of the township who live adjacent to the property, requesting that the hearing be continued. Mr. Miller said late on Friday, there was a request from the applicant to continue the hearing. Mr. Miller said the board can set a date for the next meeting. He suggested the staff make their presentation tonight. He said everyone will have an opportunity to speak their piece. Mr. Miller apologized for this change on behalf the board and the township. He said in the event any public would be unable to attend the next meeting they should feel free to put their comments in writing.
Tim said that he expected this case to carry over until December but this board will be expecting to review the zoning code update also at that time. Tim said he didn’t want to lose more time in getting on with the zoning code update. Tim said either the zoning code update or Walmart will be continued into January. Tim suggested to keep both on the December 8th meeting, then we could have an extra meeting on December 15th. John Richardson said both Poggemeyer and Walmart can be on the agenda on December 8th. Don de Reyier said he and Scott Evans could not attend on December 15th. John Richardson suggested a meeting with Poggemeyer on December 1st. The consensus was to have Poggemeyer on the agenda in January. John Richardson said Case 2003-612 and 2003 -611 should be continued to the December 8th, 2003, at the regularly scheduled Zoning Commission meeting and then the Poggemeyer Zoning Code Update will be continued until the January 12th, 2004, meeting. Tim Hershner said that our interim planner, Mayank Kumar, has gone into great detail and has prepared a Staff Report. Tim said if anyone wants a copy of the Staff Report, we will copy them and mail them out. Doug Miller said he would be happy to stay after the meeting for any questions.
Staff Report Mayank Kumar pointed on the map the location of the proposed development. He said the zoning is G-B Office Warehouse PUD. The total acreage is almost 60 acres. He said about 30 acres is for the Walmart. Mr. Kumar went over the history of zoning activities on this property. Mayank said there is a storm water management plan with 4 detention basins. Mayank said the amount of landscaping is less than required but there is significant buffering. There is a food center and garden center planned and a gas station is planned. There is a Tire & Lube center with service bays. Six loading docks are shown. The Walmart side has 32 light poles with mounting height of 42 feet from the pavement. No ground mounted sign is requested but 2 pylon signs are requested on the retail/restaurant side.
The Warren County Regional Planning Commission had 4 comments.
1). A determination by the township law director whether a rezoning or an advertised Stage 1 sketch plan amendment is necessary regarding retail/ commercial zoning allowance within the overall Bowen PUD, prior to proceeding.
2). Set of 14 recommendations for WalMart site (28.81 acres) and a set of 15 recommendations for Shoppes of Deerfield north and south site.
3). Commissioning of a market study to determine the long term viability of the currently permitted volume of retain/commercial land uses in un-incorporated Deerfield township, within the text of such uses currently proposed with effective local market area.
4). Establishment of an “Abandonment Fund” contribution requirement for so- called “Big Box” retailers (40,000 + sq. ft.) for utilization if a store sits empty for a year to either raze the structure or refurbish if for re-occupancy.
The Deerfield Township Fire Rescue has no objections to date but a final review will be completed once the building plans are submitted for the occupancy permit. The Warren County Engineer’s Office is reviewing the Traffic Impact Study and drainage calculations for Shoppes of Deerfield North and South sites.The drainage calculations were received with the submittal of the preliminary site plan. Mayank Kumar went over the planned project and explained the necessary changes needed for the plan to comply with the Deerfield Township Zoning Requirements. His comments included bufferyards, landscaping, signage, parking, lighting, loading and unloading docks, and dumpsters. He covered both the south and the north sections of the property.
John Richardson announced that additional copies of the staff review would be available for any public who wants them. Tim Hershner emphasized that this is a lot of information and that the plans will evolve as different Warren County Departments come through with their suggestions. Mr. Hershner said the building façade can change and evolve as the architect makes changes. Mr. Hershner said along this corridor we depend upon Neil Tunison at the Warren County Engineers to make their recommendations. He said the staff review is based upon our typical zoning code but using it with a Planned Unit Development which is what this property is, gives us the opportunity to work with the plan. He said the standard Walmart of this size has more signage than what we allow. The Arbor Square Krogers signage ratio, 300 square feet would allow 900 square feet of signage with Walmart which is 3 times the size of the Krogers. Mr. Hershner said next month the plan will have evolved to hopefully a more acceptable plan for the Walmart. Tim suggested the board take a break to allow for the larger number of public at this meeting to leave so this board can deal with the regular business at hand. John Richardson asked what is the deadline for the next meeting. Tim said they have a couple weeks to get their plans in and the board will get the packet a week before the next meeting. No proponent comments or public comments regarding these 2 cases were heard at this hearing.
Motion There was a motion by Scott Evans to continue Cases 2003-612 and 2003-611 until the next regularly scheduled Zoning Commission Meeting of December 8th, 2003. There was a 2nd by Don de Reynier.
NEW BUSINESS Discuss expiration of John Richardson’s term, 12/03.
John Richardson stated that his term on the Zoning Commission has expired and he is requesting of the Deerfield Township Trustees that he wants to be on the board for another term. He asked Tim Hershner to explain how that works. Tim said every year we have a board member’s term that expires and this year it is John’s. Tim said they accept applications and the trustees appoint these people. John Richardson congratulated Lee Speidel for being elected as a Deerfield Township Trustee and said that Mr. Speidel will be leaving this board. Doug Miller said if Walmart would be continued until January and Lee Speidel would leave and then should John decide that he doesn’t want to reapply, it is particularly important that Matt Evans, the alternate be here. Tim said they are 5 year terms. Tim said if Matt Evans moves over to Lee’s position then his term would expire when Lee’s term expires. Tim said we should ask the trustees to give him the full 5 year term. Doug said that anything Lee would be looking at as a trustee, he should abstain. Tim said that when the term expires the board member is expected to continue serving until that position is filled. Tim distributed some literature for a workshop which should be helpful to this board. Tim asked that if the board decides to attend the training they should get the paperwork filled out and give it to Marilyn Arnold, the Zoning Department Secretary.
Diana Hallegin, 4071 Brookside Court, said she was looking at the Development Standards in the zoning code update. She was concerned about what would be appropriate guidelines for the maximum building sizes allowed. Tim Hershner said this is continuing business for the Poggemeyer Design Group and their work on the zoning code update. Tim said larger buildings could be put in on larger lots. Tim said the county likes to leave 20% green space. Tim said Poggemeyer has access to a number of sets of data. Tim said he will suggest it to Poggemeyer.
OLD BUSINESS Zoning Code Update
Motion There was a motion by Robert Giesse to continue the Zoning Code Update to the 1/12/04 Zoning Commission Meeting. There was a 2nd by John Richardson.
Roll Call - Scott Evans-Yes, Lee Speidel-Abstained, John Richardson-Yes, Robert Giesse-Yes, Don de Reynier-Yes The motion was approved.
Zoning Map Amendment
Tim Hershner said he is trying to get information on the different resolution numbers in order to try to get them correct. Doug Miller said on the Bowen PUD, there is a residential component now, so now the map should reflect that but not the rest of the parcel. Tim said that Warren County mislabeled the Bowen property on their map showing it as B-2 our Office Warehouse PUD, on the entire Bowen property and that error carried forward to the Deerfield Township Zoning Map when we adopted our own zoning. Doug Miller said he would like to discuss that situation with Tim Hershner. Tim suggested a special meeting to deal with the Zoning Map Amendment. Tim said the regular meeting is on the 12th and the back up meeting will be on the 26th. The consensus was to have a special meeting to review the Zoning Map Amendment. Lee Speidel asked if we try to carve the Summit Deerfield (Conservatory) Apartments out, would we have to do it as a straight multi-family? Lee said the owner isn’t asking for and presenting a PUD. Doug Miller said that is a good point. Doug said it is a PUD and it was done at their request. Doug said it is a change. Doug said he didn’t want to answer this one tonight. Lee also asked if this is tied into the Perergine Offices which is all one PUD, now in play as the Shoppes of Deerfield North. Tim said there are examples such as the Blong property where you have retail in front at Office Warehouse in back. Doug Miller said this a problem you are going to have when you allow any use in a PUD. Doug said that is not necessarily a bad thing. As a matter of fact the state statute actually anticipates that because it calls for using a PUD to combine residential, commercial, retail uses. How you are going to designate those is done better in text than how it is going to be on a map.
Motion There was a motion by Robert Giesse to continue the Zoning Map Amendment until a Special Meeting on January 26, 2004, at 7:00 PM. There was a 2nd by John Richardson.
Roll Call S. Evans-Yes, L. Speidel-Yes, J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-Yes The motion was approved.
9:00 PM ADJOURNMENT
Motion by Scott Evans to adjourn the meeting. There was a 2nd by Don de
Reynier. Rolll Call S. Evans-Yes, L. Speidel-Yes, J. Richardson-Yes, R.
Giesse-Yes, Don de Reynier-Yes The motion was approved.