DRAFT

ZONING COMMISSION MEETING MINUTES

 NOVEMBER 10, 2003

                                           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

Discussion &                         There were suggested changes to page 1 and Page 5 of the minutes, from Don

Recommendation                 de Reynier.

 

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.

 

Roll Call  L. Speidel-Abstained, J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-Yes, S. Evans –Yes  The motion was approved.

                                              

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.