Deerfield Township Zoning Commission
DRAFT
ZONING COMMISSION
MEETING OF JUNE 14, 2004
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, and Don de Reynier were present. Matt Evans was absent with notice. Also present was township attorney Doug Miller.
Minutes: Minutes DT Zoning Commission May 10, 2004 Mr. de Reynier suggested that at the bottom of Page 1, the last paragraph should be changed to “Don de Reynier said he is in favor of not requiring the new additional landscaping on this case.” Instead of “Don de Reynier said he is sympathetic about the staff not requiring the new additional landscaping on this case.” Page 2 on the motion it said, “Don de Reyneir said this is like extortion.” Mr. de Reyneir wanted to add “to tie unrelated landscaping to this issue,” to his comment. Page 2 in the 3rd paragraph Scott Evans suggested deleting “Mr. Kumar said the zoning inspector.” There was a motion by Don de Reynier to approve the minutes of May 10, 2004, with the three noted changes. 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.
Minutes: Minutes DT Zoning Commission May 17, 2004 There was a motion to approve the minutes of May 17, 2004. There was a 2nd by Scott Evans. Roll Call - Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes R. Giesse-Abstained The motion was approved.
CASE 2004-349 Miller PUD, Aglamesis Property, Stage 2, Preliminary Site Plan Review, 16.9 Acres
Staff Report Mayank Kumar said at the last meeting the board requested the staff and Warren County Engineers meet with the residents. At the first meeting they talked about storm water and the second meeting they discussed buffer yards. Mayank said based on the results from the meeting, Steve Dragon of CDS has submitted a revised list of conditions whereby he revised five conditions and added one new condition. On the revised plan, Mayank referred to a 1 foot deep drainage swale to the east of the buffer yard that is shown which drains from the swale to the south east corner. He said most of the northern portion 50 feet buffer has the vegetation preserved. There is 15 feet of mounding around the detention pond in the southeast corner with a row of evergreens 6 feet center to center. Mr. Kumar gave the staff conditions as follows:
Revised List of Conditions
1. Compliance with the Resolution 93-711 and Stage 1 Sketch Plan of Miller PUD, as determined by the Deerfield Township Trustees.
2. Dedication of public right-of-way along U.S. Route 22-3, at minimum per the Warren County Official Thoroughfare Plan, or to a greater width for turn lane improvements, as may be determined through review of traffic impact.
3. Compliance with all requirements of the Ohio Department of Transportation (ODOT) and the Warren County Engineer, including necessary improvements along U.S. Route 22-3 and developer payment of associated costs of changing approved KZF, Inc. plans for the Montgomery Road improvement project.
4. Compliance with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, as determined by the Warren County Engineer, with appropriate latitude, within sound engineering principles.
5. Site access to the satisfaction of the Warren County Engineer and ODOT, in conjunction with the Deerfield Township Fire Department, with all condo unit access limited to the interior road network. Any change to the approved plan shall require Zoning Commission review and Trustees approval. Proposed access drive shall be built from the southern property line, aligned with the Steeplechase Club House parking lot drive aisle, extending northward and terminating at the Carriage Square entry drive. A perpetual cross access easement shall be recorded for the benefit of Steeplechase, Carriage Square, and Deerfield Township.
6. Approval of interior circulation and cross-connection to driveways in adjacent developed uses to the north and/or south, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department.
7. Approval of Stormwater Drainage Plan, in compliance with the Rules and Regulation for the Design of Storm Sewer and Stormwater Management Systems, as determined by the Warren County Engineer, inclusive of satisfying OEPA NPDES requirements for runoff quality control of stormwater discharges associated with the development.
8. Compliance with Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
9. Approval of an Erosion and Sediment Control Plan prior to earth-disturbing activities and compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil and Water Conservation District.
10. The developer shall be responsible for all necessary public water and sanitary sewer improvement, as determined by the Warren County Sanitary Engineer.
11. Storm water detention adjacent to the eastern bufferyard shall be generally as shown on Exhibit “A.” Any changes to the storm water management facility shall require approval from Warren County Engineer’s Office and Warren County Soil and Water Conservation District.
12. Open space/park for public recreation shall be a minimum of fifteen (15) percent of the entire site, excluding dedication of right-of-way for Montgomery Road, consistent with the approved Preliminary Site Plan. Storm water facilities cannot count towards open space/park.
13. Submit a Lighting Plan prior to final site plan approval. The maximum height of light post fixtures shall be fifteen (15) feet with no lenses protruding below the housing. The illumination level shall not exceed 0.2 footcandles along the property line except for the main entrance access to the site.
14. *A landscaping plan shall be submitted for the entire development in compliance with Chapter 21, Bufferyard and Landscaping, of the Deerfield Township Zoning Resolution prior to the final site plan approval. The minimum height of earth mound along Montgomery Road shall be four (4) feet measured from the ground floor level of the units along Montgomery Road. A fifty (50) feet bufferyard shall be provided along the eastern property line as shown on Exhibit “A” and generally described as follows:
1. The bufferyard shall remain undisturbed except:
2. A drainage swale will be constructed centered on the western boundary of the bufferyard sufficient to prevent stormwater runoff during a 100-year storm event from exiting the subject property to the east. The swale will direct runoff to the detention area in the southeast corner of the site.
15. A revised grading plan shall be submitted reflecting the grades levels of the proposed mound along Montgomery Road and eastern property line. The proposed mounds shall be in compliance with the design standards as stated in Section 21.05 B (5) of Deerfield Township Zoning Resolution.
16. No more than one (1) Ground Mounted Sign shall be allowed per entry way in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution.
17. * A concrete sidewalk not less than six (6) feet in width shall be installed along Montgomery Road through the site open space northward along the proposed access drive terminating at the Carriage Square entry drive and in coordination with the planned improvements of the road. A maintenance agreement for any sidewalks within the public right-of-way shall be submitted to the Township and approved by the Ohio Department of Transportation. In lieu of internal sidewalks, retention lakes shall be finished in a park like setting providing elements such as gazebos, benches, fountains, sculptures and other architectural elements, said plan to be approved by Community Development Director.
18. Compliance with Chapter 20, Parking and Loading, of the Deerfield Township Zoning Code, prior to approval of the final site plan.
19. A subdivision plat shall be submitted, dedicating all applicable public right-of-way/utility easements and common access easements, in compliance with Warren County Subdivision Regulations, including public easement for access drive from Carriage Gate driveway to Steeplechase Club House/property line.
20. The “green space,” as depicted in Exhibit “A” shall be dedicated by protective covenants, prior to Stage III approval, with provisions for landscaping services as may become necessary due to control or loss of vegetation and buffering. It shall be a requirement of the Planned Unit Development (PUD) that the property owner maintain and preserve the “green space” areas in its natural state providing adequate screening as required in Chapter 21, Bufferyard and Landscaping, of Deerfield Township Zoning Resolution. The protective covenants shall run with the land for the benefit of surrounding property owner.
John Richardson asked Mayank if on Condition 12 if it meets the 15% in the calculations. Mayank said if the 50 feet bufferyard is included, it does. Mayank said according to our code the bufferyard can be included as open space in a PUD. Mr. de Reynier asked if the density is changed. Mayank said no. Mr. Richardson asked the applicant to come forward.
Proponent Steve Dragon, CDS Associates, 11120 Kenwood Rd., Cinti., OH, asked about Condition #5 and if the current plan is generally acceptable with the driveway extended to the property line. Mayank the original plan shows the easement. Mr. Dragon asked if there is still a requirement for an emergency access. Mayank said yes. Mr. Dragon said there are 2 concerns on #20 the restriction of any clearing and the vegetation and the 50 foot buffer is documented and is public record. Mr. Dragon asked if they could change the timing of that, and have that happen with the platting of the subdivision, the condominium plat. Instead of prior to Stage 3 approval and make it a cleaner overall process. The other concern is that the swales and the 15 feet mounding, and it would be cleaner if you put “do not disturb” on the condominium plat. Mr. Dragon said on Condition 17, he thought they could eliminate internal sidewalks. In past experience with this type of development, the residents prefer not to have sidewalks that would invite outsiders to walk within the development. Mr. Dragon said the traffic levels are so low in these type of communities, there is no need for sidewalks. He said he wasn’t comfortable with the last line in Condition 17 “In lieu of internal sidewalks, retention lakes shall be finished in a park like setting providing elements such as gazebos, benches, fountains, sculptures and other architectural elements, said plan to be approved by Community Development Director.” Mr. Dragon said he is concerned they would have trouble living up to this, sculptures, etc., so he said he hopes the board will consider that. Don de Reynier asked him how he felt about, “retention lake shall be finished in a park-like setting?” Mr. Dragon said that is perfectly acceptable.
Mr. Dragon said regarding the requirement to carry the proposed sidewalk along Montgomery Road north to the Carriage Square Drive, that piece of sidewalk was a requirement of Carriage Square. Mayank said the sidewalk which is required for Carriage Square goes north from the Carriage Square entrance so it goes north and we are asking that you connect. John Richardson asked if the sidewalk was not required. Mayank said no. Mr. Dragon said it was required. Mayank said when Carriage Square was approved for the north area from the township’s park land. Mayank said this suggestion is from Tim Hershner. John Richardson asked how many feet are there. Mr. Dragon said about 400 feet. Mr. Dragon said the piece south of Carriage Square is on Carriage Square property. John Richardson said on the sketch plan it looks like the sidewalk ends at the township property. John Richardson asked if there is a sidewalk north of Carriage Square. Mayank said currently there is no sidewalk in the Carriage Square development. Mayank said there is no fixed time line to that but once Montgomery Road improves the sidewalks can go in. Mr. Richardson asked for any public comments.
Opponents Bob Meade, 3394 Wessex Ct., said he was concerned with the large mature trees on the 50 feet buffer area. Some are 60-70 feet tall. Steve Dragon said their goal is to keep the larger trees. Mr. Dragon said they can’t guarantee the trees won’t die but they plan to try to save the larger ones. Mr. Meade said he knows the swale must go in. Mr. Dragon said a 1 foot deep swale should not do harm to the vegetation. Allen Keen, 3435 Shadow Ridge Dr., was concerned about drainage since his property is at the end of the swale. Mr. Dragon said they have contacted Steeplechase owners about extending the swale into their property. Mr. Dragon said the swale is in the natural flow and at this time they seem co-operative. Mayank asked if the Steeplechase pond is retention or detention. Mr. Dragon said he didn’t know. John Richardson asked Mr. Dragon how big the pipe is for storm water and he said 18 inches. Kathy Mueller, Sibcy Cline Real Estate, said there are many seniors in the area who are looking for this type of development. She said there is a need for this. She said many of the surrounding condos have steps and the seniors don’t want them.Mike Norris, 3447 Shadow Ridge Dr., asked what is a hundred year rain. Steve Dragon said that would be 6 ˝ inches of rain in a 6 hour period. Mr. Norris asked about the 4 feet mound around the detention pond. Mr. Norris seemed to think there should be a written contract which states the size of the mound. Diana Halligan, 4071 Brookside Court, distributed a paper on Storm Water Fact Sheet Retention. Mayank told her that Conditions #7 and #8 from Warren County Regional Planning Commission and the Warren County Engineers may be what she is suggesting. She said these plans for storm water management seem to go right along with the Ohio EPA standards. John Richardson closed the public portion of the meeting and asked for board discussion.
Board Discussion Don de Reynier asked about mounding on Condition #14, 1B, “earthen mounding will be constructed in this area.” Mayank said we should change it to read, “a minimum 4 feet high earthen mound will be constructed in this area.” Scott Evans said we should say “No white pines.” The condition was as follows:
14 (1) B An area fifteen (15) feet wide immediately adjacent to the detention basin. This area will extend not more that 220 feet northwardly from the south property line. Earthen mounding will be constructed in this area with evergreen trees, minimum six (6) feet in height, planted in a single row spaced at six (6) feet on center.
Don de Reynier said on Condition 17 as discussed earlier where it says, “ In lieu of internal sidewalks, retention lakes shall be finished in a park like setting providing elements such as gazebos, benches, fountains, sculptures and other architectural elements, said plan to be approved by Community Development Director.” Mr. de Reynier said it should read, “In lieu of sidewalks, retention lakes shall be finished in a park like setting, said plan to be approved by Community Development Director.” Mayank said a sentence should be added to Condition #17 as follows: “A sidewalk to the north of subject property shall be installed on the township park property.” John Richardson said we should leave it up to the township and developer where to put a sidewalk. The final version of Condition 17 per John Richardson should read as follows:
17.(REVISED) A concrete sidewalk not less than six (6) feet in width shall be installed along Montgomery Road through township park property, open space northward along the proposed access drive terminating at the Carriage Square entry drive and in coordination with the planned improvements of the road. The location to be mutually agreed upon by the developer and the township staff. A maintenance agreement for any sidewalks within the public right-of-way shall be submitted to the Township and approved by the Ohio Department of Transportation. In lieu of internal sidewalks, retention lakes shall be finished in a park like setting providing elements such as gazebos, benches, fountains, sculptures and other architectural elements, said plan to be approved by Community Development Director.
Motion There was a motion by Don de Reynier to approve Case #2004-349 with the 20 Conditions as discussed. There was a 2nd by Robert Giesse.
John Richardson wanted to clarify the changes to the conditions. There were 2 conditions which were changed as follows:
(Revised)14 (1) b An area fifteen (15) feet wide immediately adjacent to the detention basin. This area will extend not more that 220 feet northwardly from the south property line. A minimum 4 feet high earthen mound will be constructed in this area.with evergreen trees, minimum six (6) feet in height, excluding White Pines, planted in a single row spaced at six (6) feet on center.
(Revised) 17 A concrete sidewalk not less than six (6) feet in width shall be installed along Montgomery Road through township park property, open space northward along the proposed access drive terminating at the Carriage Square entry drive and in coordination with the planned improvements of the road. The location to be mutually agreed upon by the township staff and the developer. A maintenance agreement for any sidewalks within the public right-of-way shall be submitted to the Township and approved by the Ohio Department of Transportation. In lieu of internal sidewalks, retention lakes shall be finished in a park like setting, said plan to be approved by Community Development Director.
Roll Call Don de Reynier-Yes S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes The motion was approved.
There was a motion by John Richardson and a 2nd by Don de Reynier to take a 5 minute break. The motion was approved.
There was a motion by John Richardson and a 2nd by Scott Evans to re-adjourn. The motion was approved.
CASE 2004-399 Site Plan Review, Kim Harper Salon & Spa, Arbor Square PUD
Staff Report Mayank Kumar said the Office Warehouse zoning allows for personal service and the 3,847 square feet salon would comply with that. This is a principally permitted use under Office Warehouse. He described the surrounding zoning of the nearby properties. Mayank said the elevations show awnings. He described the landscaping with mounding along Socialville-Fosters Road. He said the mounding is shown in the right-of-way and must be moved. Mayank described the lighting. The broad issues with a PUD is green space and storm water management. This Lot 13 has no set open space or storm water management facility. As each outlot comes for zoning approval at the site plan review, we will make sure there is a storm water management plan. Mayank pointed out the shared access for the 5 tenants on Lot 13. Mayank said in the event this board approves this case there are 10 conditions as follows:
1 Compliance with Stage 1 and Stage 2 conditions of Blong PUD as determined by Deerfield Township Trustees.
2 Prior to approval of the zoning permit, applicant shall secure a letter of approval from Warren County Engineer’s Office for the Traffic Impact Study (TIS) of Blong Property. Traffic Impact Study (TIS) for Blong Property shall be revised if required by Warren County Engineer’s Office and a copy of such TIS shall be submitted to the Deerfield Township Zoning Office.
3 Prior to approval of zoning permit, applicant shall secure a letter of approval from Warren County Engineer’s Office for interior circulation and cross-connection of driveways to the adjacent lots to the east and west in conjunction with the Deerfield Township Fire Department. All improvement shall be in compliance with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, as determined by the Warren County Engineer.
4 Prior to approval of zoning permit, applicant shall develop a Stormwater Management Plan in compliance with the Rules and Regulation for the Design of Storm Sewer and Stormwater Management Systems for the entire Office Warehouse (O/W) portion and secure a letter of approval from Warren County Engineer’s Office. The drainage area that is located within the Simpson Creek Watershed study shall require approval from Henderson and Bodwell for use in the stormwater matrix.
5 Prior to approval of zoning permit, applicant shall develop and Erosion and Sediment Control Plan in compliance with the Warren County Erosion and Sediment Control Regulations, and EPA regulations as determined by the Warren County Soil and Water Conservation District. Erosion and Sediment Control Plan shall require approval from Warren County Soil and Water Conservation District and a copy of such plan shall be submitted to the Deerfield Township Zoning Office.
6 The Site Plan shall be revised to accommodate 3’-6’ high earth mound outside the utility easement. Reconfigure the parking spaces so that the edge of the parking lot, interior drive, and dumpster shall have a minimum setback of 6.5 feet from the property line. One (1) Off-Street Loading Space of 10’ x 25’ shall be provided in compliance with Section 20.08 of the Deerfield Township Zoning Resolution.
7 The Landscaping Plan shall be revised to include a minimum of 30 “A” type trees and 225 bushes including in compliance with Chapter 21, Bufferyard and Landscaping, of Deerfield Township Zoning Resolution. Relocate the landscaping outside the utility easement along the Socialville-Fosters Road. All deciduous trees in bufferyard or perimeter landscaping shall have a minimum height of 3 feet at the time of planting. All landscaping shall be maintained in compliance with Section 21.05(C) of Deerfield Township Zoning Resolution. Any earth mound shall be constructed in compliance with Section 21.05 B (5) of Deerfield Township Zoning Resolution.
8 *(Changed) The Lighting Plan shall be revised so that the illumination level shall not exceed 0.2 footcandles along the property line except for the main entrance to the site. The maximum height of light poles shall be 24 feet. No light bulb nor lens shall protrude below the housing of any canopy light fixtures. No vertical lens wall mounted fixtures shall be permitted. All project lighting shall comply with the approved Lighting Plan and Lighting Standards (Exhibit “E” of Stage 2 approval).
9 One (1) wall mounted and one (1) ground mounted sign shall be allowed for the entire site. The wall mounted sign shall have a maximum sign face area of one square foot for every lineal foot of building frontage. The Ground Mounted sign shall be in compliance with approved Stage 2 Exhibit B (Arbor Square of Deerfield Design Standards) and Exhibit C-1.
10 Submit the building elevation drawings showing dimensions and the specification for exterior building materials and in compliance with the approved Stage 2 Exhibit B (Arbor Square of Deerfield Design Standards).
Mayank said the staff is not asking for any additional conditions, but we are asking that the applicant comply with Stage 1 and Stage 2. John Richardson asked the board if there are questions for Mayank. They had none. John Richardson asked the applicant if he has seen these conditions previous to tonight. He said yes he had.
Applicant Mike Thal, 8050 Tollbridge Court, West Chester, OH 45069, came forward. Mayank told the board they could ask questions. Kim Thal, asked the procedure and said they would comply with everything. Mayank said this is a site plan review previous to Stage 3 approval, which is the final approval. Ms. Thal was concerned that the exterior of the building is in compliance. Mayank said the sign which is shown is for the whole development and is approved for the whole PUD. Tim said that when the sign was approved there was nothing built in the office warehouse area and that sign is what has been used in the retail area. Bill Mees, Cincinnati United Contractors, 100 E Business Way, Cinti., OH, said that Kim and Mike Thal are the first ones to come into the development on the south side of Socialville-Fosters Road. Mr. Mees said Henderson and Bodwell has been contracted to plan for the storm water management and erosion. Their plan has been submitted to the Warren County Engineers and the Soil & Water Conservation for their review. Mr. Mees pointed out all the lots. He said there is a retention basin planned for Lots 19, 20, and 21. He said Lot 17 and 18 will have another retention pond in that corner. Mr. Mees said the grading plan shows the detention area. Mr. Mees said there are 3 points of access along the north side of Socialville-Fosters Road. There is a right in and right out that straddles the property line between Lots 18 and 19. The next drive aligns with the service drive that runs along the retail. There is one more which the location has not been finalized yet. Warren County Engineer, Dan Corey, asked for a right turn analysis. Jack Gehrum is working on that study.
Tim Hershner asked if it is easier at this time to have a free standing monument sign. Tim said that whatever the access point is, there could be one sign like you are entering an office park and as you go along the service drive have a wall sign on each unit. Mayank said the monument sign could identify each tenant. Kim Thal wanted a ground mounted sign at the tip of the property which would show where to go in and out. Ms. Thal said her awnings will make her building unique, and if her building is brick she would like the sign to tie in with that. Tim suggested since the McDonald’s, Gold Star, and Wendy’s have stone on the bottom, she could maybe add some stone work on her building so they would all be coordinated. Scott Evans said this is on the other side of the road from the old Arbor Square and they don’t necessarily have to match. Tim said Mayank has a good point, that materials were previously approved under Stage 2. Mr. Mees asked the board for direction because he doesn’t know if the board wants the same as the previous development or if brick could be used. Mr. Mees said they have picked out a colonial red brick. John Richardson said he is concerned about interpretation. Mr. Mees said the north side will cater to the smaller user. Mr. Mees said Lot 17, 18, and 20 are for doctors. Mr. Mees asked which brick in the retail center is the “approved” brick. Doug Miller read the PUD requirements and they said “complimentary” and “compatible” for color and materials and did not designate a specific color. Tim asked if there are any entry features planned to designate this office area such as neighborhoods have at the entry. Don de Reynier asked why there is so much parking, since code requires 20 and they plan 40. Ms. Thal said an example would be, 12 employees, and there could possibly be 3 customers each. Mayank said due to the setback and landscaping requirement the number will decrease. John Richardson asked for public comment.
Max Lutrell, 7899 Mason-Montgomery Road, lives next door and was concerned about storm water run-off and buffer setback requirements. Mr. Luttrell wanted mounding. Mr. Luttrell’s zoning is Industrial and if his property was Residential Single Family, there would be a buffer requirement. The way this is, if Mr. Luttrell develops his property, he must provide the buffer for his industrial property from the Arbor Square development. Mr. Luttrell asked for suggestions and a recommendation from David McElroy at the Warren County Soil & Water Conservation District. Tim Hershner said on Condition #5, there are EPA and Warren County stipulations to adhere to the rules and regulations regarding water run-off. John Richardson asked where the water flows. Mr. Mees explained how drainage goes with the natural flow and water will be controlled and released to flow across his property. Mr. Mees said he met with Mr. Luttrell last week. Don de Reynier asked if mounding would work. Mr. Mees said if the mounding took up 40 feet, that would be a large chunk out of this parcel. Mr. Mees said they did not plan, and don’t anticipate putting in a mound. John Richardson closed the public comment portion of the meeting and asked for board discussion.
Board Discussion Robert Giesse asked Mayank about his concerns on the lighting and asked if he is talking about the north property line and Mayank said he is talking about the east, north, and west. John Richardson said it states the footcandle limits. Tim said there are concerns about the northwest property line where there is Harbourwatch. Mr. Giesse said with the parking lot, you don’t want the lighting level to be a problem. Don de Reynier said the 10 conditions cover what is needed. John Richardson said on Condition 8, the discussion was do the east and west property lines need to conform because it is going to be the same type of use. Mayank said the doctor’s office may say they have a problem because of Lot 19. Tim said as an office use he couldn’t see a problem unless someone would be there over night. John Richardson said the north property line will be industrial. Don de Reynier asked again what is the problem with the 0.2 footcandles. Mr. Giesse said that is pretty low lighting and there are parking spaces almost right on the property line. Mr. Giesse said we could strike the whole first line. John Richardson said if we strike that line they could go to any level they want. Scott Evans asked Mr. Mees about the lighting. Mr. Mees said the plan comes from a lighting company. Tim said the lights could be shielded. Tim said if we modify the first sentence to read, “along the north property line.” and take out the rest.
Motion There was a motion by Don de Reynier to approve Case 2004-399, with the 10 conditions and changing Condition #8 to read as follows.
*The Lighting Plan shall be revised so that the illumination level shall not exceed 0.2 footcandles along the property line. The maximum height of light poles shall be 24 feet. No light bulb nor lens shall protrude below the housing of any canopy light fixtures. No vertical lens wall mounted fixtures shall be permitted. All project lighting shall comply with the approved Lighting Plan and Lighting Standards (Exhibit “E” of Stage 2 approval).There was a 2nd by John Richardson. Roll Call S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-Yes
The motion was approved.
CASE 2004-400 Stage 1, Zone Change, Cincinnati United Contractors,Cell Tower Parcel
Staff Report Mayank said they are asking to be rezoned from Residential Single Family to Office Warehouse PUD. The tract is 2.6 acres. The original plan required 51% for O/W and 49% for other uses. The land required for the right-of-way of the future Wilkens Boulevard and Socialville-Fosters Road would take 0.6145 from the 2.6 acre lot. The Warren County Regional Planning Commission recommended approval for the requested zone change with 8 conditions. Mayank said if the board recommends approval the staff suggests 12 conditions as follows:
1 The designation of a planned unit development (PUD) overlay shall only mean approval of the 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).
2 Mr. William Mees, Jr. shall be the spokesperson for the PUD in all dealings with Deerfield Township, regardless of the number of land owners within the project. Mr. Mees may delegate his role as a spokesperson to another individual, subject o notification of the Deerfield Township Zoning Administrator. In any event, only a single spokesperson shall be recognized by the Deerfield Township as representing the PUD.
3 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 a PUD overlay and compliance with Chapter 19 (Planned Unit Development Regulations) of the Deerfield Township Zoning Resolution.
4 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.
5 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.
6 Amendment to the Arbor Square (aka Blong PUD) traffic impact study, at the expense of the developer, shall be required as determined by the Warren County Engineer, with input from the Deerfield Township Trustees.
7 The subject property, 2.6 acres Cell Tower parcel, shall include Office Warehouse (O/W) land use and shall be a part of Arbor Square PUD (Blong PUD).
8 Determination by the Board of Zoning Commission for the use allowance for 3.45 acres parcel located west of Lot #16 and south of Socialville-Fosters Road for future “Tahoe’s Entertainment Resort.”
9 0.25 acres shall be designated as “open space” apart from 8.01 acres as shown on the original Stage 1 Sketch Plan. Prior to Stage 2 and/or Stage 3 review for any portions of Office Warehouse (O/W) the entire amount of open space, as it pertains to O/W portion, shall be clearly designated on the plan.
10 Prior to Stage 2 and/or Stage 3 review for any portion of Office Warehouse (O/W) the Stormwater Management Plan and Erosion and Sediment Control Plan encompassing entire O/W portion shall be prepared and approved by the Warren County Engineer’s Office and the Warren County Soil & Water Conservation District. The drainage area located within the Simpson Creek Watershed study shall require approval from Henderson and Bodwell.
11 Should Wilkens Boulevard be extended to the north, appropriate buffer screening shall be considered for the Harbourwatch Condominiums complex.
12 The Stage 1 Sketch Plan approved on May 15, 2001 pursuant to Resolution #2001-43 shall remain in effect with amendments as mentioned in above conditions.
Tim Hershner asked Mayank about the park property and the southwest corner of Socialville-Fosters Road. Mayank said it is counted in the retail use because it is park property. John Richardson asked about the percentages. Mayank said the condition was approved was a minimum 51% Office Warehouse. John Richardson asked if there were questions.
Proponent Bill Mees, CUC, said the last time he was before this board was for the Tahoe’s Family Entertainment Center. Mr. Mees was concerned about the 66 feet strip of right-of-way for Wilkens Boulevard and whether it would go north into Mason. Doug Miller asked him if that is on a thoroughfare plan. Mr. Mees said no. Doug Miller said even if this extension of Wilkens Boulevard makes sense, it doesn’t necessarily mean that will happen. Doug Miller said since the road is not on any drawing it may not happen. Doug Miller said Tahoe’s is not on the agenda. Tim if this is approved there will be a revised sketch plan. Mr. Mees said the direction he received from the board previously, was to bring this cell tower piece in and that would correct the 51%-49% ratio. Mr. Mees said he believed the board would be willing to recommend approval of this to the trustees if the math would work out. Tim if there was a way to re-orient the Tahoe’s building so it runs north and south and the parking lot runs to the west of it and that way it would be more squared off. Mr. Mees said they have looked at positioning the building several ways. Tim said the closer you can keep it eastward to that line, the more likely you would be to get approval.
Mayank said at the previous meeting the board suggested shared parking. Doug Miller said since the zone change is to add the cell tower parcel into the sketch plan, he wouldn’t have a problem with that. Mr. Miller said he is not sure a zone change is needed to amend the sketch plan when they are dealing with the 41%-59%. John Richardson said the lines could be changed in the sketch plan as long as the percentages are correct. Don de Reynier said he wasn’t at the meeting on Tahoe’s. There was discussion on the percentages.
Public Comment Max Lutrell, 7899 Mason-Montgomery Road, said that an extension of Wilkens Boulevard would help with traffic. He said a few years ago they wanted to run a road across his property. Elaine & Terry Elko, Charleston Park, sent a letter and complained that the zone change of the cell tower property may allow for more retail. They asked to keep the PUD more Office Warehouse.
Board Comments John Richardson said the trustees will make the final decision. Don de Reynier said it must remain 51% Office Warehouse. Scott Evans said the line on the map doesn’t mean anything. It is not a surveyed line. John Richardson asked what they are really voting on tonight. Tim said this zone change parcel is becoming part of the Blong PUD and can be considered in the percentages. Mr. Mees said they clearly intended to adjust the line. Doug Miller said if you wanted to change the original sketch plan, all the people must be notified. Tim said Condition #7 should be changed as follows:
#7 The subject property, 2.6 acres Cell Tower parcel, shall include Office Warehouse (O/W) land use and shall be a part of Arbor Square PUD (Blong PUD) and shall be included in the 51% Office Warehouse land use as part of the Arbor Square PUD.
Doug Miller said that Condition #8 should be deleted. There was discussion on that. Tim and Doug Miller told Mr. Mees he should keep the Tahoe’s eastward along the line, the more likely the trustees would approve.
Motion There was a motion by John Richardson to approve the zone change including the 11 conditions and striking Condition #8 and modifying Condtion #7 to read, “The subject property, 2.6 acres Cell Tower parcel, shall include Office Warehouse (O/W) land use and shall be a part of Arbor Square PUD (Blong PUD) and shall be included in the 51% Office Warehouse land use as part of the Arbor Square PUD. There was a 2nd by Scott Evans. Roll Call J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-Yes, S. Evans-Yes The motion was approved.
OLD BUSINESS Staff update for 1712 King Avenue zone change.
Mayank said the zone change was from Office Warehouse to Residential Single Family and since then, some lead contamination was found on the property. Mayank said some other considerations were how EPA regulates lead contamination, steep slope and storm water, and construction on steep slopes. The applicant is considering a PUD and the trustees will hear that tomorrow night to change the zoning from R-SF to R-SF PUD.
Zoning Code Update
Motion There was a motion by John Richardson to direct the staff to intiate text amendments to the Deerfield Township Zoning Resolution to be sent to the Warren County Regional Planning Commission for their review and comments. 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.
Zoning Map Update Tim explained some errors on the zoning map and some zone changes which have taken place on various properties over the years and the need to get new zoning map. Mayank discussed
Motion There was a motion by John Richardson to direct the staff to intiate zoning map updates to the Deerfield Township Zoning Map to be sent to the Warren County Regional Planning Commission for their review and comments. There was a 2nd by Scott Evans. Roll Call J. Richardson-Yes, R. Giesse-Yes, Don de Reynier-Yes, S. Evans-Yes The motion was approved.
John Richardson asked if there has been a to find a new board member since we lost one on this board. Tim said they have not started that yet.
ADJOURNMENT
Motion There was a motion to adjourn by Don de Reynier. There was a 2nd by John Richardson. Roll Call R. Giesse-Yes, Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes The motion was approved.