MINUTES
CALL TO ORDER: John Richardson, Chairman
Minutes Review minutes of 12/15/03 Zoning Commission meeting.
Motion There was a motion by Matt Evans to approve the minutes of 12/15/03. There was a 2nd by Robert Giesse.
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matthew
Evans-Yes, Scott Evans-Yes, Alternate John Rickert-Abstained
The motion was approved.
CASE 2004-037 The Child’s Place, 8293 Duke Boulevard, Preliminary Site Plan
Review, Stage 2
Staff Report Mayank Kumar said the Staff Report had been revised due to receiving Warren County Regional Planning Commission comments on Thursday. Mr. Kumar pointed out on the map the location of the proposed school on Duke Boulevard. He said the surrounding zoning is Light Manufacturing and General Business. Mr. Kumar said this is a private, for profit, non-tax exempted school. The planned structure is a one story building which they plan to build in three phases. The first phase is to be 26,655 square feet, phase 2 is to be a12,600 square feet section, and there is a plan in the future for a 12,300 square feet gymnasium. The building material includes brick facade with shuttered windows and a shingled roof. In the rear yard there is space for soccer, basketball, and baseball uses. The front parking lot allows for 60 spaces, 9 x 19 in size. The total plan calls for 84 - 9’ x 19’ parking spaces and our code requires 99 -10 x 18 parking spaces. Mr. Kumar said we require a 10’ x 25’ loading space and none is shown on the plan. He gave the comments from various county agencies and the Deerfield Township Fire Department as follows:
· Warren County Regional Planning Commission included 11 conditions.
· Warren County Soil & Water Conservation District said there must be an erosion and sediment control plan prior to any earth moving activity.
· DTFR requires an 18 feet fire lane to be maintained across the front of the project, as well as around back to the transformer.
· Warren County Engineers asked that the site access be limited to a single driveway.
· Warren County Water & Sewer Department asked that sufficient water and sewer capacity exists to serve the project. He said the board can either approve, approve with modifications, or deny this proposal. The staff recommends approval including 16 staff conditions. Mr. Kumar discussed each condition.
Board Questions Robert Giesse asked which water shed the drainage from this property goes to. Mr. Kumar said it goes to the Simpson Creek Watershed. Mr. Rickert asked Mr. Kumar to explain the entrance and exit. He asked why Warren County wanted the single entrance/exit. Tim Hershner said there was a meeting with the owners and the Warren County Engineers Office and well as the Regional Planning Commission. At first the engineers wanted a single driveway to be shared by Down Lite and the school. Now they favor the plan as shown with one lane in and one lane out. The fire department asked for the 18 feet fire lane and the owners of the school have a 30 feet wide area. The owners said most students are dropped off and picked up. Mr. Hershner said the issues of access have been settled. Mr. Hershner explained the entrance driveway and the location of the Down Lite driveway. Mr. Rickert was interested in the event parking in Phase 3 after the gymnasium is built, and if the planned parking is adequate. John Gothard, CUC, said the gym and the school will not both be in use at the same time. Therefore he thinks the planned parking is adequate. Mr. Rickert asked how many students will attend this school Mr. Gothard said 300 students are about the maximum. Matt Evans asked what is the speed limit on Duke Boulevard. Tim Hershner said the school has the option of getting the 20 mph, school-designated speed limit, if they want to pay for it. Right now it is 35 mph. Mr. Hershner explained the Warren County Thoroughfare Plan and the plans to connect Duke Boulevard with Innovation Way. Matt Evans asked about the soccer fields in the back and if there is some fencing. Mr. Gothard said the owner plans to put a 4 feet fence around the play area. Matt Evans asked about the back up (stacking) of vehicles with the drop off and pick up of students. Mr. Gothard said there are plans and enough room for 34 cars and 2 buses in the drop off / pick up area. Matt Evans asked if most students ride the bus or are dropped off. Mr. Gothard said the majority are dropped off. Mr. Gothard said they stagger the drop-off time and pick-up time. So over an hour ½ period to 2 hours is the arrival time or departure time for students. Matt Evans asked about the danger of side by side lanes and students crossing in front of cars. Tim Hershner said there is a 3rd lane (fire lane) on this plan which should make it safer. Matt Evans asked why there is no buffer on the side by the township owned green space and there is a 50 feet buffer on the other sides. Mr. Kumar said the township property is wooded green space so since this is an industrial area, there is no requirement for the 50 feet buffer. Robert Giesse asked about the 6 feet high mound and was told the mound is in a swale for storm water management. Matt Evans asked about storm water retention. Mr. Kumar pointed out a retention area which drains towards the township wooded area.
Applicant John Gothard, Cincinnati United Contractors, 100 East Business Way, distributed a letter from the owners, John and Pat Elder, explaining their quest to expand their school and the difficult time they had finding this location for their new school. They talked about their restrictions at their old site. The Elders plan to increase the enrollment to include junior high. Mr. Gothard said he is asking for approval for all 3 phases of the construction of the school. He said they like this site since the traffic there is not as bad as some other locations they considered. Mr. Gothard said they met with Dan Corey of the Warren County Engineers Office and were able to come up with the plan for one 14 feet wide ingress driveway and a separate exit drive to the south. After meeting with the DTFR, the fire lane was added to the plan. He said the buffer yard requirement of the 50 feet buffer with the 6 feet mound would limit the use of the back yard area. He described their landscape plan. He said a minimum of landscaping materials would have to be added meet the requirements. He said the building itself has a residential style with a masonry façade and shingle, sloped roof. The floor plan has 2 entry ways. He described the floor plan. Mr. Gothard asked the board for approval of this plan with the 16 conditions except for changes as follows:
Condition #7 The “Block A” as identified in Appendix-1 shall be a minimum of fifty (50) feet wide. The planting material in “Block A” shall include forty (40) feet wide, six (6) feet tall earth berm and a double row of staggered trees © @ 15 feet. Construction of earth berm shall comply with Section 21.05 Buffer yard Materials and Standards, of Deerfield Township Zoning Resolution.” Mr. Gothard said they do have adequate green space on the plan. He asked for them to not enforce this condition.
Condition #9 The condition asked for a security fence to be installed along the south property line in the rear yard area. Mr. Gothard said the owners are in agreement that a 4 feet tall fence will be installed for the security of the students.
Condition #11 Mr. Gothard said the flat fixture requested by the staff requires more light fixtures because they don’t put out enough light. Therefore, he asked for them to be allowed to install a different type light. Tim Hershner said Clopay has the most intrusive lights. Tim thinks the intensity must be too high. He said if the lens was cut off flat so it would go below the fixture that would help. He said the line “and house side shield shall be provided” should be struck from this condition. Since there are no homes nearby that is not relevant. Mr. Hershner said P & G have dimmer lights and it is secure.
Tim said on Condition #2 on the 99 required parking spaces, if they could connect the pavement from the basketball area. That way it could be only used for peak times when the parking is needed. Mr. Gothard said he would talk to the owner and see if there would be no striping but for it to be used for parking.
Condition #3 On the off street loading, Mr. Gothard said the frequency of their deliveries is very minimal. He pointed out on the site the area behind the building where a loading area can be provided.
Mayank Kumar asked him about the exit signs and if there are 2 faces or one. Mr. Gothard said there is one. Mr. Gothard said they are trying to keep the one way flow.
Mr. Giesse asked him about switching the entrance and exit driveways. Mr. Gothard said they looked at that and this way seems safer. Mr. Giesse said if they had to be stacked on the street, the other way would work better.
Scott Evans asked if this a non-tax exempt operation. Tim Hershner said they pay taxes like everybody else. John Richardson asked what is going to happen with the old property. Mr. Gothard said they are trying to sell it. Mr. Gothard said the students are from Mason, Kings, and Lakota. Mr. Richardson asked them how many students they have now. Mr. Gothard said the have 135 students. Mr. Gothard said the school is for Kindergarten through 6th grade.
John Rickert asked him again about Condition 7. Mr. Gothard explained it. He said they are asking to be allowed to have trees and shrubbery but not to have the mounding. Tim said there were no thoughts that these lots on Duke Boulevard would be surrounded by anything other than businesses. Tim said the Jehovah’s Witnesses were interested in one of the lots nearby on Duke. Tim said the Kingswood Golf Course is being considered to be going to residential use. There was more discussion on the landscaping.
Matt Evans asked Tim why this use was not permitted in the zoning code. Tim said he wasn’t around when the zoning code was written but typically schools don’t go into industrial areas. Tim said the landscaping is there to buffer. Mayank Kumar said that townships can regulate situations regarding safety and health. There was discussion on hazardous materials and their affect on the surroundings. Mayank said the buffer is required because these 2 industrial uses have loading close to the school property. Matt Evans was concerned that if Down Lite moves, another business could go in there. He said that could cause some problems. Mr. Gothard said if the school was built first we could understand why there would be concerns, but the school is going in knowing what businesses are around them. John Richardson asked about the township owned vacant lot. Tim said it is a wooded vacant lot.
Bill Mays, CUC, said the intent of the township owned vacant lot is green space. There is a blue line stream that runs through the property. He said he worked with the EPA and the Army Corps of Engineers and this creek would be great for field trips
Public Comments Jeff Roller, 9155 Knightsridge Lane, said he has had children in this school for 7 years. He said the preschool has all degreed teachers. He said he has watched the stacking issue with the cars for 7 years and they have worked it out with the neighbors. In this new location there is much more room so they won’t have a problem with the cars lining up. Mr. Roller told of famous people who have had their children there. He said the school gives a good alternative to public education. John Richardson asked what high school the children go to from here. Mr. Roller said at this point, they would go to middle school because they do not have junior high yet. Mr. Roller said his children go to Mason schools but they would go to whatever district they lived in or another private high school.
Diana Halligan, 4071 Brookside Court, commented that she likes the idea of the school going in there and she likes the plan. She talked about another development in the township, Arbor Square, and some drainage issues with erosion. She was concerned about some erosion at the Arbor Square Development and the developer not working hard to prevent it during construction. She asked Mr. Gothard to explain the storm water plan at the school.
Cathy Youngquist, 8511 Charleston Knoll, said she doesn’t like the plan to use the chain link fence. She said she drives by there frequently and doesn’t want to look at it. She said that type of fence is like a prison. She asked if they would consider double fencing so you couldn’t see the chain link or putting in more bushes to camouflage the view of the fence. Scott Evans asked Mr. Gothard what type of fencing do the other businesses on Duke Boulevard have? Mr. Gothard said Clopay has a small fenced area. Jeff Roller said he would talk to the owner, Pat Elder, if she would consider a different type of fence. Tim Hershner said this type of fence comes in green and is less noticeable. Tim said there is also a split rail with a fence behind it which looks better. John Richardson said to remember that this fence would only be 4 feet high. Mr. Gothard said he would talk to Mrs. Elder about it.
Tonya Hines, 9041 Fields Drive, said the school has been in her neighborhood for many years and said she is disappointed the school is moving. She said they have been good neighbors. Ms. Hines said she is concerned about who may purchase the school. Matt Evans asked her about the cars dropping off and picking up the children and them parking on your neighborhood streets. She said it was worked out with the neighbors. She said most of the time the extra cars would be there for Valentine parties and occasions like that. Ms. Hines said Mrs. Elder instructed the parents to only park on one side of the street and that corrected the problem. Mr. Gothard said they are going to have 2-3 times the amount of parking at the new school.
Board Discussion Mr. Rickert was concerned about the number of parking spaces. He said we could reduce the size of the space to 9 x 18 instead of 10 x 18. He said we should go with what the staff suggested in Condition #2. Mr. Giesse said during special events there is so much space at Down Lite they may be able to work something out.
The board discussed the landscaping plan. Mr. Kumar said the landscaping referred to in Condition #5 and 6, would be installed in Phase 1. Mr. Rickert said on school zone speed reduction, they should check with the surrounding businesses to see if they want it or not. Mr. Rickert said they should be good neighbors.
Scott Evans asked who will maintain the swale. Mr. Gothard said the property owner will maintain it.
Robert Giesse said on Condition #3, that they are providing a loading zone. Mr. Richardson said that condition should stay on the list. Mr. Kumar said on the previous plan, he didn’t see a loading zone provided. That is why that is on there.
Mr. Gothard said on Condition #7 would they relax the requirement for the mound and the landscaping. Mr. Rickert asked what does the staff think. John Richardson said Down Lite or Clopay would not complain if there was not a mound.
1. Determination from the Township Trustees if the use of property as an educational institution is appropriate in Light Manufacturing PUD zone. The applicant acknowledges the adjacent Light Manufacturing (L-M) land uses may now and in the future adversely impact an educational institutional use.
2. Comply with chapter 20, Parking and Loading Regulation, of Deerfield Township Zoning Resolution. The number of parking spaces shall be minimum ninety-nine (99) and the minimum dimension of parking space shall be 9’X19’.
3. Provide one off street loading space of 10’X25’ in compliance with Section 20.07 of Deerfield Township Zoning Resolution. Off street loading design standards shall comply with Section 20.08 of Deerfield Township Zoning Resolution.
4. Approve the proposed landscape plan meeting the planting requirements as stated in condition #5, and #6 and also indicate the species of all the trees and bushes shown on the plan, all which shall be planted in Phase I.
5. Parking lot landscaping shall include minimum of nineteen (19) “A” type trees planted @25’-35’ interval.
6. The perimeter landscaping along Duke Boulevard shall include minimum of fifteen (15) “A” type trees @ 25’-35’. Apart from fifteen (15) “A” type trees, perimeter landscaping along Duke Drive shall also include 135 bushes.
7. Any service structure, e.g. dumpster, shall be screened in compliance with Section 21.09 of Deerfield Township Zoning Resolution.
8. Install security fencing along the south property line in the rear yard area.
9. Comply with chapter 22 for signage requirements. Directional signs shall be allowed only if the access drive is either “entry” or “exit” drive but not for both. Ground mounted and directional signs shall have minimum of 10 feet setback from ROW and shall be approved from County Engineers Office.
10. Resubmit the lighting plan indicating the illumination level along the property boundary. All parking lot and wall mounted fixtures shall be flat glass, full cut-off fixtures as determined by the IESNA (Illuminating Engineering Society of North America). Maximum mounting height shall not exceed 24’ on all fixtures. Foot-candles shall not exceed 0.2 at any property line.
11. Existing sidewalks along the Duke Boulevard shall be maintained.
12. Provide a letter of approval from Warren County Engineer’s Office for stormwater drainage plan in compliance with the Rules and Regulations for the Design of Storm Water Management Systems and approval letter from Henderson-Bodwell in compliance with Simpson Creek model.
13. Provide a letter of approval from Warren County Engineer’s Office for points of access, interior circulation and improvements in conjunction with the Deerfield Township Fire Department, per the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities.
14. Provide a letter of approval from Warren County Soil and Water Conservation District for erosion and sediment control in compliance with the Warren County Erosion and Sediment Control Regulations, prior to earth moving activities.
15. Provide a letter of approval from Deerfield Township Fire Rescue Department. Fire lanes, as determined by the Deerfield Township Fire Department. Additionally, an Emergency Action Plan shall be developed in conjunction with the Fire Department, prior to final site plan approval.
Randy Mielnik, Poggemeyer Design Group, Zoning Code Update
Randy Mielnik said he had some new material that was distributed last week. There is a draft of the code on the township website. Randy Mielnik said that changes have been put on the website. The changes to the code are highlighted.
Randy said there are some unresolved comments from Doug Miller and a group of developers. He said they have worked through many of these points. These were on PUD’s and landscaping issues. There was a work session with the staff which was good. All the comments from the developers have been addressed. Tim said he would get the text from the website and e-mail it to the developers and get their comments.
There was some discussion on Sexually Oriented Businesses and the requirement to have a zoning area where it is permitted. There was discussion on regulation of day care facilities and where they would be allowed in different zoning districts. This included in-home care to professional-type day care facilities. Tim Hershner said recently a lady came in to get a permit for a Home Occupation for an in-home day care which is a Class B day care. They are going from a Class A day care to a Class B which is a state designation. Tim said we are not really familiar with that and expressed that whoever writes the code, may be familiar with that and could clarify.
There was discussion on the procedure for amending the zoning resolution. Randy Mielnik referred to an included flow chart to help simplify the steps involved. Tim suggested on the reference to ZC on the chart, there should be some place that explains that stands for Zoning Commission. We would know that, but not everyone would.
Randy discussed drive through references in the code. This included drive through facilities in a G-B district and a L-M district. Randy said a 3rd district could be a drive through / fast food district. Tim said there is a difference between “drive through” and “drive in.” John Richardson said “drive in” as defined as a Sonic Restaurant. Tim said what districts do we want those in and defining that.
Randy said the agricultural regulations carry over from Warren County.
On home occupations, that can be a touchy area. It is a conditional accessory use. There are concerns such as outdoor storage, signs, etc. John Richardson said in Section F that no signs of a commercial nature are permitted. Tim said this is under 22.07 A-9, and this should be kept in there about the commercial signs.
Randy Mielnik said group homes are like day care. There are state laws regulating those.
Rob Butler, attorney, said when you enforce these violations you could go to the Mason Municipal Court and use the resolution (code) to reference, to back up your case. You should also make references to the Ohio Revised Code.
Randy Mielnik said regulations for cell towers and antennas must be unbiased. Randy said townships are very limited on their power to regulate cell towers. John Richardson said if you add more text you are adding more controls. Randy said these details are helpful to give the township more clout. John Richardson asked if Home Rule makes a difference. Randy said he didn’t know. Tim said he did not think Home Rule had been tested.
There was discussion on Heritage Districts and Overlay Districts. Randy said we are creating a vision for some of these historical areas. Tim said while he applauds the idea of the Heritage Districts, but can we create the framework for these districts. Tim said we need to have some public meetings and have representatives from the historical committee, zoning commission, etc. and through those meetings, we could recommend design guidelines. Randy said he would take some comments from the work session this afternoon and incorporate them into the code. John Richardson asked Randy if he has received some paper work from the residents. Mr. Mielnik said he had.
John Richardson asked Tim about the zoning map. Tim said he wants to get one that shows are the changes for the past years. Tim said this would be taken to the Warren County Regional Planning Commission.
Public Comments Robb Olsen, Charleston Woods Drive, said his group of residents has 34 items that are this group’s concerns but tonight he will go through 8 concerns. Mr. Olsen said the list of 34 items has been shared with Randy Mielnik, Tim Hershner, and Mayank Kumar. He said he looked at Randy Mielnik’s, (Poggemeyer Design Group) changes to the code on the website. Mr. Olsen said on his list of suggestions there is an opportunity for the zoning code to address traffic. He said he has met with Warren County Engineer, Neil Tunison. He said he supports the stronger requirements for 50% open space in the PUD areas. Mr. Olsen said this township has lots of 2 lane roads left over from our rural heritage. He said he likes the open space requirement for PUD’s which is 20% - 50%. Mr. Olsen said he wants a limit on sizes of “big box” retail stores. He said they should prove by a study, the market need, before they come. The code should limit them to not be closer than 1 mile to each other. Mr. Olsen said developments should be more pedestrian friendly. He said there should be an abandonment fund set aside if they leave.He wants to limit the accessory use at Office, Office Warehouse, and Light Manufacturing areas in the township. Mr. Olsen said that there are too many parking spaces required and that is why we see so many empty parking spaces in front of the current “big boxes.” He wants signage limits and to require an abandonment fund. Mayank Kumar said an abandonment fund can only be established if both the township and the developer agree on this fund. It could be established but it can not be enforced. Mr. Olsen said there is a need for higher fines. Rob Butler, attorney, said Mr. Olsen’s suggestion for fines with percentages on fines would not be allowed but the fine amount could be increased. Mr. Butler said you can go up to $1000 now.
Tonya Hines, 9041 Fields Drive, said the traffic impact area and PUD area should have been extended on the Walmart case. She said the major roads and interchange are affected so they should be included. Tim said he thinks the challenge the Warren County Engineers has on extending the area for the traffic study. Tim said there is a cumulative affect on the traffic. John Richardson asked if this board could dictate that the traffic study go beyond the property of the proposed development? Rob Butler said yes this board could dictate that, if it was written in our code. John Richardson said we could require that they do the traffic study in a wider area but we aren’t trained to evaluate or understand them. John said these things are a book. Mayank Kumar said we have to prove that the study is necessary because of the uniqueness of the development.
Diana Halligan, 4071 Brookside Court, said at the time of the site plan review, the soil and erosion sediment control plan must be in place. At that time, problem areas should be identified. John Richardson said the Warren County Water & Soil Conservation does this. Ms. Halligan talked about stream protection and post construction water run-off.Ms. Halligan talked about the suggested new zoning district for Historical areas of the township. She said we need to designate certain areas of the township for historic Sites. Mr. Halligan said the City of Montgomery has a good code on the historic designation. John Richardson if the designation of Historic Sites is something the Historical Committee does. Ms. Halligan said this committee doesn’t do that.
Mayank Kumar gave the board Zoning Commission meeting dates of February 2nd, February 9th, and February 23rd. He asked the board to check to see if the February 23rd date is okay with the board. There was discussion on the upcoming zoning meetings and dates which are acceptable to the board. Tim said we have other zone changes coming through on other cases. Mayank said he had CVS Stage 1 & 2 and Kings Mills zone change for February 9th. John Richardson said they would check their schedules and see if the date will work.
Motion There was a motion by John Richardson to continue the Zoning Code Update to the February 9th meeting. There was a 2nd by Scott Evans
Randy Mielnik, Poggemeyer Design Group, Zoning Map Amendment
There was a 2nd by Matt Evans.
John Richardson told the board to come to the next meeting on February 2nd with their questions so maybe we can finish
this Walmart case.
11:30 PM ADJOURNMENT
Motion by Scott Evans to adjourn. There was a second by Robert Giesse
Roll Call S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes, Matt Evans-Yes,
J. Rickert – Yes The motion was approved.