MINUTES
CALL TO ORDER: John Richardson, Chairman
Alternate Leo Massaro was present. Also present was Andrew Gleason, township legal advisor.
CASE 2005-029 Deerfield Commons, Miller PUD
11th, 2005. 2nd by Matt Evans
Minutes: Minutes DT Zoning Commission February 14, 2005
CASE 2005-066 Site Plan Review, Rosemont South Subdivision
Staff Report Mayank Kumar said this plan for the 29.85 acres has been approved by the WCRPC. He described the location of the subject property and the surrounding properties and their zoning. He said 81 lots are proposed. He showed the stubbed off streets there which could connect to the proposed new section. Mr. Kumar said the staff recommends approval. Matt Evans commented that the proposed development is land locked and the only way to get to it is by going through Mason subdivisions. Graham Parlin, Rhein Interests, 2855 Grandin Road, Cinti., OH 45208, commented that there is a deed restriction on the property put on by the original owner, Charlie Lawson, stating that the land must remain in Deerfield Township. Mr. Parlin explained which areas are owned by Mr. Lawson. John Richardson asked for board questions to Mayank. There were none. He asked for the proponents to come forward.
Proponent Graham Parlin, Development Manager for Rhein Interests, 2855 Grandin Road, Cinti., OH 45208, said he has never presented a site plan review. Mr. Parlin said it will be accessed from the north from the previous Rosemont Development. Mr. Parlin said at WC Regional Planning they suggested a light be installed at Tylersville Road in the future and he explained a way to add additional intersections in the subdivision to prevent cut- through traffic from Tylersville Road to Butler-Warren Road. WCRPC asked them to do a traffic impact study. John Richardson asked the board for questions. Matt Evans asked about storm water impact. Mr. Kumar said on the final plat approval the storm water plan must be reviewed and approved.
Concerned Citizens Carolyn Vogel, 5863 Hassman Court, said they live in the first cul-de-sac and she was concerned about the increased traffic and the safety of the children in the neighborhood. She was also worried that construction trucks may damage her street. She was concerned that Butler County and Warren County won’t work together to put in a traffic light if is needed. John Richardson said there is a stubbed street and that indicates that there was a plan to extend it. He said it is nice to have a cul-de-sac neighborhood and knows where she is coming from.
Heidi Tatman, 6442 Rosemont Lane, was concerned that there is only one way in and one way out of the neighborhood. She pointed out where her house is located. She said they need another way in and out if there would be an emergency. The swimming pool at the clubhouse is not adequate for the size of the neighborhood. She said the board should make the developer put fewer houses on larger lots. Mayank said the plans must be reviewed by the DTFR to see if they are able to get their emergency vehicles into the subdivision. John Richardson said they could use break away gates. Ms. Pittman said the homes in her area are $400,000 houses but she was worried the next section may be cheaper homes. John Richardson said he believes the pool situation is the responsibility of the HOA.
Dave Macke, 6715 Sunny Drive, said he has lived at the dead end for 9 years where the street was stubbed off. He said this is a nice neighborhood and said he is concerned about ¼ acres lots. He said his home
value has appreciated in the last few years. He said he was glad to hear there is a separate water system. He said in the past there have been issues with low water pressure. Matt Evans asked him if he had been aware that at some point the street would be extended. Mr. Macke said he thought the homes would be on ½ acre lots. Mayank said the township lot requirement is 14,000 square feet but Mason is .4 of an acre.
Ron Hakes, 5464 Whispering Springs, in Rosemont, and he said he is the president of the HOA. He said 3 weeks ago there was a meeting with the developer, Rhein Interests. He said he asked them about the stubbed street. Rhein told him the development would stop but now there is this plan for the development to continue. The original development was 71 homes at around the $270,000 price. Mr. Hakes said it will be tract housing. Mr. Hakes said his job is to protect the property values of the people he represents. Mr. Hakes said he never sees any WCSO vehicles there. He said this huge increase to the neighborhood is unsafe. The DTFR must travel farther than any others in the area to get to us. Mr. Hakes said this pool problem and traffic is dangerous. The 71 unit neighborhood has now grown into 198 units. Mr. Hakes said this is a “bait and switch.” Mr. Hakes asked the board to stop this development.
Mr. de Reynier said this is the first subdivision review for this board. Mr. de Reynier asked if this board has the authority to do any of this. Mr. de Reynier asked if basically this board is looking at , “does the site plan meet the Deerfield Township Zoning Requirements?” Mr. Hakes asked if this proposal included the fire and safety requirements? Mayank Kumar explained how different agencies must review the final plat. WC Engineer, DTFR, WC Sanitary Engineer, and the township zoning department must review the plans. Mr. de Reynier said he brought this up not to create any false expectations about what this board’s authority is.
Daymond Cox, 6583 Tall Timbers Court, said there is a “bait and switch.” When he purchased his home there was no mention of extending this neighborhood. He asked the board if safety is one thing this board must look at. Mr. Cox said their pool only allows for 50 people maximum occupancy. Mr. Cox said the size of the pool is inadequate for this increased number of people. Only 14 families at a time could use the pool out of the 198 families. Mr. Richardson said this board does not regulate the pool but the health department would. Mr. Gleason, Township Attorney, said this board is to determine if this proposal meets the definitions for site plan approval. Mr. Cox said this board has the ability to make a difference here. Matt Evans said the HOA should go after the developer. Matt said he doesn’t see where this board could help with this. Scott Evans asked at what point the developer gets off the HOA board. Mr. Cox said the developer is on the board for 10 years even if they sell the lots before that. Mr. Hakes said they have no control over the HOA. Mr. Gleason read Chapter 8 Section 8.01 including 7 items which covers issues of the development. Mr. Cox asked what “any other factors” means? Mr. Cox asked at what point could the residents have the opportunity to fight this? John Richardson said this board’s hands are tied because we can only consider these 7 items. Mr. Cox asked about who was notified of this meeting about the proposed development. Mr. Richardson said the people who own property within 200 feet would get notification of the meetings. Mr. Cox said Rosemont Manor is just starting to build houses and now we are here about this other Rosemont South section. Scott Evans asked if anyone from the neighborhood attended the Warren County Regional Planning Commission. Scott said that meeting was January 27th but they had 21 conditions that they applied to this plat. Mayank said the WCRPC is not required to notify home owners. Mr. Cox said speeding and drag racing is a problem in his neighborhood. He said they have called the police and they don’t show up. Matt Evans asked him how large are the parcels in Rosemont Manor. Mr. Cox said the lots are 80 feet to 120 feet wide. Matt Evans says these parcels are similar in size to the previous development.
Theodore Robert Vogel, 5863 Hassman Court, asked if this could be tabled. Mr. Vogel said he has lived there for 11 years. He asked the board if they would want little lots and little houses near their house. He said this is not working together with Mason. Mr. Vogel said allowing this helps the developer not the other people that are affected by what is being done. Mr. Vogel said this development is not going to help this area. Mr. Vogel again asked this case be tabled.
Shelly Hunt, 6764 Tyler Court, explained that she is in the HOA for Tyler Station. She said she has a lift station next to her yard and her lot is low. She was concerned about drainage since she has had an on-going drainage problem. She said the one lot which is designated for drainage doesn’t look like enough space for that many homes. Ms. Hunt asked them to consider the storm water. She was concerned that her street would become a construction drive.
Steve Riedell, 6874 Rose Tree Place, said he listened to the 7 factors but what they are really talking about is quality of life. He said smaller houses affect quality of life.
Heidi Tatman, 6442 Rosemont Lane, asked if this board could cut out some of the lots and make more green space. John Richardson explained the PUD to her and that this is not a PUD.
Mr. Hunt, 6764 Tyler Court, again stated that there is only one detention pond planned for 80 homes. Mayank said the storm water drainage issue is addressed in Condition #12 from the WCRPC. He said they must go by the book to make sure the drainage plan is adequate. Mr. Hunt said the whole section where the homes are planned to go in is a watershed. He asked the board to consider drainage issues. John Richardson said that Condition #12 covers that. John Richardson closed the public comment portion of the meeting and asked for board comments.
Board Discussion Drew Gleason said this board does not have to approve but they can change the plan. Don de Reynier asked Mr. Gleason if, in his legal opinion, could we change the lot sizes to larger sizes? Mr. Gleason said the lot size modification would have to come through the county and this board has no authority to change lot size. Mr. Gleason said this board could consider street access. Mr. Gleason said that Mason may not allow the stubbed street to be continued. John Richardson said he did not see a break away gate for the DTFR to use for emergencies. Mayank said the final plan will be submitted and DTFR will say whether the plan is in compliance or not. At that time they would determine if a break away gate is needed. Matt Evans asked Graham Parlin the lot size of lots 25, 26, and 27 in Rosemont Manor. Graham said they are larger but he didn’t know the size. Don de Reynier asked Graham if he would consider re-submitting. Mr. Parlin said no. Mr. Parlin said what they are doing as a developer is about as straight forward as it gets because it meets the zoning code. Mayank asked if Mr. Parlin knew Mason’s policy on access. Mr. Parlin said they could provide emergency access to Tylersville Road if need be. Mr. Parlin said they plan to connect to Rosemont Manor and then connect to Sunny Drive. Mr. Kumar read the 21 Conditions from the Warren County Regional Planning Commission.
Motion Motion _by John Richardson to approve Case 2005-066 including the 21 Conditions as
suggested by the WCRPC 2nd _by Don de Reynier
Roll Call J. Richardson-Yes, R. Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, S. Evans-Yes The motion was approved.
Motion Motion by John Richardson to take a break. 2nd by Don de Reynier Motion was approved.
Motion by John Richardson to come back into session. 2nd by Don de Reynier. Motion approved.
CASE 2005-045 National City Bank, Lot #4, Shoppes of Deerfield North
Staff Report Mayank Kumar described the plan to build the National City Bank. He said there were still concerns from the staff on the following:
A) Sidewalk Plan - Mr. Kumar said a 4 feet wide concrete sidewalk from right-in / right-out access point
westward on the south side of said access drive to the internal drive was required as shown in
attached Exhibit A.
B) Pedestrian Plaza & Streetscaping Elements - A Pedestrian Plaza is required on the Stage 2 Condition on the site at each site entry point and at the corner of Bowen Drive & Mason Montgomery Road. This would include 3, one on the site of Bowen Drive, one on Mason-Montgomery Road, and one on the south east corner of Shoppes of Deerfield North at the intersection of Bowen Drive and Mason-Montgomery Road. John Richardson asked if the Pedestrian Plaza is truly on this property and Mr. Kumar said it is.
C) Landscaping – There is additional landscaping required for the whole site to meet the requirements of Chapter 21, Bufferyard & Landscaping of the Deerfield Township Zoning Resolution.
D) Parking Lot Landscaping – 25 parking spaces are provided and code requires 9 for the 3,475 square feet building. The applicant needs to widen the landscaping island and provide more plants including trees and bushes.
E) Signage – No ground mounted sign is allowed for individual outlot. Two wall mounted signs were allowed for each outlot building with no more than one (1) wall sign on one elevation. Also, no two (2) wall signs should be visible from any given point (Condition #27 of Stage 2 Approval). The two (2) wall signs are proposed on adjacent building elevations, east and north, facing Mason Montgomery Road and right-in/right-out access drive which will be visible from any given point and shall not be allowed. The two (2) wall signs shall be installed on opposite faces to be in compliance with condition #27 of Stage 2 approval.
In the event of approval, staff recommends the following conditions:
1. Adherence with all prior approved regulations applicable to the subject property except as indicated in the conditions.
2. The northwest access point shall be moved twenty (20) feet south as recommended by Warren County Engineer’s Office.
3. Site Plan shall be modified to include sidewalks as shown in attached Exhibit A. The sidewalk detail near the northwest access point shall be modified consistent with the modification of the location of the said access point per Warren County Engineers Office.
4. A pedestrian plaza shall be provided on the north east corner of the site, at the intersection of Mason Montgomery Road and right-in/right-out access drive, in compliance with Stage 2 Site Plan approval.
5. The landscaping Plan shall be modified to include a row of trees planted @ 30 feet center-to-center along with a row of bushes planted @ three (3) feet center-to-center along Mason Montgomery Road. The planting material for landscaping islands along future access drive to the north and west shall include a row of trees planted @ 30 feet center-to-center with evergreen bushes planted between the trees @ 3 feet center-to-center.
6.
Applicant shall
provide more landscaping materials in the parking lot landscaping island
between the parking lot and drive-thru lanes and provide more planting
material including trees and bushes
in order to comply with Deerfield Township Zoning requirements.
7.
One (1) loading space of 10’x25’ shall be provided
in compliance with Chapter 20, Parking and Loading Regulations, of Deerfield
Township Zoning Resolution. Any service structure including proposed water meter
vault shall be screened in compliance with Section 21.05 of Deerfield Township
Zoning Resolution.
8. No construction sign is permitted as a part of this application because the maximum number of construction/real estate signs for the PUD (one sign) is currently being utilized. Wall signs size shall be in compliance with Stage 2 Site Plan approval. Wall sign shall be located per the plans dated 1/3/05, per A200 and A201 as presented to this board.
Color and texture of proposed brick, roofing material, and precast panels and window headers shall match the office condominiums to the west.
Proponent Brian Hegemeyer, GDP Group, 520 South Main Street, Akron, OH,said he is here to answer any questions or comments. He said he has already addressed the issues the staff has brought up. He said he added the sidewalk and moved the access 20 feet. On the pedestrian plaza he said he has not seen where the lighting was requested. Mayank said that is Condition 13 in the Stage 2 approval in Appendix A. Mr. Hagemeyer said that lighting is not included in Appendix A. Mayank said that statement is there in order to make this development match Deerfield South. Mr. Hagemeyer said he would like to match Deerfield North. Bill Davon, Vandecarr, 5027 Madison Road, Cinti., OH, said that 2 other pedestrian plazas were approved under Phase 3 and there is no decorative lighting. Mr. Davon said they have benches, landscaping, and other details. Mr. Hagemeyer said they have no problem making the pedestrian plaza match the rest of the development. Mr. Hagemeyer said they would revise the landscaping plan to comply. He said that they added a loading space and that it would be well landscaped around the water meter. Mr. Hagemeyer showed their planned signage which was very minimal and asked whether that would be acceptable. Mr. Hagemeyer had a sample of the construction materials and he said these materials would match the proposed office condos. Leo Massaro asked a question on the access and there was some discussion on that. Mr. Hagemeyer explained it. Matt Evans asked where would the dumpster be located and he was told they will not have a dumpster. In stead they plan to have a document bin enclosure since they have confidential financial information. The bin will be picked up regularly. It is a masonry enclosure.
Board Discussion There was no public comment. John Richardson asked for board discussion. Don de Reynier said the only problem he had was the access and said he didn’t understand how the access works. There was more discussion and Mr. Hagemeyer explained it. Matt Evans asked about the materials and whether the brick would be smooth faced or not. John Richardson went over each of the 9 conditions and changes were suggested for Conditions #6 and #8. Matt Evans asked about the brick whether it is smooth and they said it will be smooth and the mortar will be the same color as the brick.
Motion Motion by John Richardson to approve Case 2005-045 with 9 conditions with changes being made to Condition #6 and #8. 2nd _Scott Evans
CASE 2005-073 Stage 2, Khosla Property, Winding Lane & Montgomery Road
Staff Report Mayank Kumar gave the history of the zoning for this property and explained the surrounding zoning. He described the site. Mr. Kumar said the plans call for a 6,000 square feet, 2-story office building, including 8 parking spaces. He gave the Warren County agency comments, the ODOT comments, and remarks from the DTFR. The staff had concerns such as the public access easement, parking, bufferyard, and landscaping. Mayank said according to a 1993 agreement, the building must be one story and not exceed 5,000 square feet.
In the event of approval, staff recommends the following conditions:
1. Compliance with the Resolution 93-712, as determined by the Deerfield Township Trustees. The total floor area shall not exceed 5,000 square feet and the building shall be limited to one (1) story.
2. Prior to issuance of zoning permit, the developer shall submit a right-of-way dedication plat for Montgomery Road frontage in compliance with the Warren County Official Thoroughfare Plan.
3. Compliance with all requirements of the Ohio Department of Transportation.
4. Site access shall be limited to Winding Lane, at a location determined by the Warren County Engineer.
5. 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.
6. Approval of interior circulation and cross-connection to driveways in adjacent developed uses to the north, 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.
8. Compliance with Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
9. The developer shall consult with the Warren County Soil and Water Conservation District regarding best management practices. Recommendations include perimeter controls, timely seeding and post-construction stormwater quality.
10. The developer shall be responsible for expansion and/or upgrading of 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.
11. Prior to Stage 3 Final Detailed Plan approval, the applicant shall submit a detailed building elevation drawing with color and material specification. The proposed building design, material, and color shall be residential in character in keeping with surrounding residences.
12. A six (6) feet wide concrete sidewalk shall be installed along Montgomery Road in coordination with planned improvements of the road. The location of the said sidewalk shall be mutually determined by Ohio Department of Transportation, Warren County Engineer’s Office, and Deerfield Township Trustees.
13. Provide a loading space of 10’x25’in compliance with Chapter 20, Parking and Loading, of the Deerfield Township Zoning Resolution.
14. Prior to issuance of zoning permit, the developer shall submit a dedication plat dedicating a public access easement, twenty-five (25) feet in width along southeast property line.
15.
The Zoning Commission shall determine the
allowable size of the building and the required number of parking spaces.
A minimum of 13 parking
spaces shall be required in compliance with Chapter 20 of the Deerfield Township
Zoning Resolution.
All parking for users of the facility shall be limited to
on-site and shall not be permitted within the public rights-of-way. At the time
when the owner decides to add the future parking spaces along southwest face of
the building, there shall be a Site Plan Review by Zoning Commission in
compliance with Chapter 8 of Deerfield Township Zoning Resolution. At least
twenty (20) percent of the site acreage shall be maintained as Open Space at all
time.
16.
A separate Landscaping Plan shall be submitted in
compliance with Chapter 21, Bufferyard and Landscaping, of the Deerfield
Township Zoning Resolution prior to the final site plan approval. A double row
of Scotch Pine trees planted @ 15’ on-center shall be provided along southeast
property line abutting residential land use. The applicant shall provide
written consent
obtain an easement for installation, replacement, and maintenance of landscaping
of abutting property owner/s if any landscaping is proposed off site.
The plan shall include specification and a schedule of all proposed plantings.
Existing mature vegetation shall be maintained to the greatest degree possible
and shall be so identified on the final site plan.
17. 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 abutting residential property. Any building mounted lighting fixture shall also be down direction with no lens protruding below the housing.
18. Signage shall be in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution. The existing wooden sign, which identifies the Myrtle Brook Subdivision, shall be relocated from the Montgomery Road right-of-way dedication area.
John Richardson asked for board questions. Matt Evans said the row of pine trees are shown on someone else’s property. Both groups of trees are half on someone else’s property. John Richardson said they must have permission from those property owners to install the bushes. Andrew Gleason said that an easement would be more appropriate to make sure that a future owner doesn’t rip that out. Matt Evans asked if the public easement must be 25 feet wide? Yes per Mayank. Matt said parking can’t be included in that. Matt said a total of 45 feet is needed there. John Richardson asked for the proponent to come forward.
Proponent Brian Sutherly, 6679 English Oaks Station, Liberty Township, OH 45044, said they had no problems with any of the conditions. He said they would have to get permission from the adjoining property owners to have room for the bushes or easements. Mr. Sutherly said his client has a law office and he deals with immigrants. No customers would be coming to this office. The attorney would be handling the business with 5 employees. He currently has a 3200 square feet building and he is looking for a larger building. Mr. Sutherly said the 5,000 square feet, 1-storey limitation could be a problem. Mr. Sutherly said the 13 parking spaces that are indicated there are not likely to ever be used by this attorney. Mr. Sutherly said they were told by a previous administration that the easement must be as close to the boundry line as possible. John Richardson asked him if he has had a conversation with the adjoining neighbors. Mr. Sutherly said that they have not spoken to them yet. Mr. Sutherly said he was surprised that they would have to go back and abide by the one storey – 5,000 square feet conditions put on this property many years ago.
Concerned Citizens Carl Bitter, 9277 Winding Lane, said the proposed access road was turned down by the neighbors there several years ago. Mr. Bitter said that if an accident occurs on this access lane it would be bad because it is not a real designated road. Mr. Bitter said a 5,000 square feet building would not leave much space on the yard. Mr. Bitter complained about the intrusive lighting from Tractor Supply. He said he doesn’t want that type lighting. Mr. Sutherly said this building would not be lit. Mr. Bitter complained about notification. He said his neighbors did not get notified.
John Richardson asked Mr. Sutherly about the planned detention under the access road. Mr. Sutherly said he has been told this is the best place for it. Robert Giesse asked Mr. Sutherly about the curve, people trying to back out , and the safety issue. Matt Evans said that they may want to get an easement for the landscaping. Mr. Sutherly said Mr. Khosla would not have regular office hours. Mr. Khosla’s office help comes in later and works later than the average office. John Richardson said that this plan may not happen because of the 5,000 square feet regulation. Scott Evans said a 2 storey building would not be allowed here. Mr. Sutherly asked if this is denied tonight, would he have to start over again. Mayank said no.
Carl Bitter, 9277 Winding Lane, asked what is the setback on Winding Lane and Montgomery Roads. John Richardson said 60 feet on Winding Lane and 65 feet on Montgomery Road. John Richardson closed the public portion of the meeting.
Board Discussion John Richardson asked Mayank about how many 2 storey buildings there are along Montgomery Road. Mayank said the goal of this document (Resolution 93-712) from 1993 is to keep the office development along Montgomery Road consistent with the residential character.
Motion by John Richardson to approve Case 2005-073 with the 18 Conditions stated by Staff. Mayank said he wanted to clarify with the board that if they approve the Stage 2 application, they must first wait for the Stage 1 application because two applications can’t run parallel. John Richardson asked if it would be more beneficial for the applicant to withdraw their application. Mayank said he could withdraw any time he wants even if this board recommends approval. He can withdraw if he wants to apply for Stage 1. Don de Reynier said he would 2nd the motion but he would want to make a change to Condition #16. Change the wording from “The applicant shall provide written consent of abutting property owners.” to “shall provide an easement for installation, replacement, and maintenance of landscaping.” There was more discussion on the landscaping. Mayank said that if the landscaping is put outside the subject property line, then an easement must be obtained. Matt Evans said that there should be a change to Condition 15. There was discussion on the number of parking spaces. They decided to strike the first sentence in Condition 15 and change it to read, “ A minimum of 13 parking spaces shall be required in compliance with Chapter 20 of the Deerfield Township Zoning Resolution.”
Motion Motion by John Richardson to approve Case 2005-073 including the 18 Conditions from the
Staff with changes made to Condition #15 and #16. 2nd by Don de Reynier.
Roll Call Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes, Matt
ADJOURNMENT Motion by Scott Evans to adjourn. 2nd _by Rober Giesse__ Roll Call R. Giesse-Yes, Matt Evans-Yes, Don de Reynier,-Yes S. Evans-Yes, J. Richardson-Yes
The motion was approved.