DRAFT
Deerfield Township Zoning Commission
ZONING COMMISSION
MEETING OF MAY 10, 2004
MINUTES
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Don de Reynier, Matthew Evans, and Alternate John Rickert was present. Also present was Attorney Doug Miller.
Minutes: Minutes DT Zoning Commission April 12, 2004 & Recommendation Scott Evans suggested deleting two lines on Page 3 in the second paragraph, “Mr. Giesse asked how much parking they show? Mr. Hershner said 50%.”
Motion There was a motion by Scott Evans to approve the minutes of April 12, 2004, with that change. There was a second by Robert Giesse.
Roll Call - Matt Evans-Yes, Don de Reynier-Abstained, S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes The motion was approved. John Richardson said there was a letter from CDC requesting for the board to table Case 2003-611, the Shoppes of Deerfield North and Mr. Richardson said if anyone is here for that case, it will not be heard tonight.
Motion There was a motion by Don de Reynier to hear Case 2004-348 first. There was a 2nd by Matt Evans.
Roll Call Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-yes, John Richardson-Yes The motion was approved.
CASE 2004-348 Biggs, 9600 Mason-Montgomery Road, Outdoor Storage
Staff Report Mayank Kumar said the application for outside storage was denied in 2003 by the Deerfield Township Zoning Inspector. Mr. Kumar said the 2004 application was denied again. He said complete screening up to 8 feet is required. He said Biggs exceeds the requirement for parking. Their landscaping requirement is for much more than has been planted. He showed photos of locations which have little or no landscaping. The staff suggests that the applicant improve the landscaping on the site. The enclosure for the stack of mulch should have 8 trees and 72 bushes between the trees. The staff talked with Duke Realty and they agreed that they would add landscaping. Additional landscaping islands should be created along Mason-Montgomery Road. Mr. Kumar said these requirements were enforced for Lowe’s at their NationsRent. John Richardson asked Mr. Kumar if there would be split rail around the stacked mulch like there was last year. Mr. Kumar said there should be 8 feet high screening around the stack. Mr. de Reynier asked what is the plan for this year. Mr. Kumar said this year the staff has suggested that they come into compliance for landscaping. John Richardson said Lowe’s has no landscaping in the front but they do have sheds sitting out there. Mr. Kumar said Lowe’s has outside storage on the south side of the building behind a fence. John Rickert asked Mr. Kumar if there is a requirement on what items can be stored such as bulk mulch. Mr. Richardson said he didn’t think there was any storage of bulk mulch, just bagged mulch. Mr. Kumar said stacking should be orderly. Mr. Richardson asked for any opponents or proponents.
Proponent Otto Weennig, 25 Whitney Drive, Cinti., OH 45150, said this is a small area used to display the mulch. He said it is only there for 90 days. Mr. Weennig said they are already into 45 days of the mulch sale. He said Duke owns the property and Duke should have been in compliance with the landscaping a long time ago. Mr. Weennig said last year Deerfield Township Zoning told him there would be rules and regulations developed this year for this type of doing business. Mr. Weennig said this mulch business is handled in a very orderly fashion. There is a split rail fence around the mulch stack. Mr. Richardson said we are trying to get our zoning code updated. John Richardson asked the board for questions and public comment. There were none. Mr. Richardson asked the board for discussion.
Don de Reynier said he is sympathetic about the staff not requiring the new additional landscaping on this case. Mr. de Reynier said next year he hopes there is text in place to apply to these types of situations. John Richardson said next year he will deny it. Mr. Richardson said when he drives down Mason-Montgomery Road, he doesn’t want to see this stuff. He said Lowes and Home Depot want to store lumber out front.
John Rickert said there is no one here from Duke. Mr. Kumar said Scott Lacey, the property manager from Duke, sent a letter and said they would consider the landscaping. Mr. Lacey wants to review the plans. Don de Reynier said they should have had the landscaping in place already. Mr. Rickert said we should send something to Duke and get this under control.
Scott Evans was concerned about the timing of this case and he said this case should have been brought here in February. Scott said last year it was approved on 4/14/03. John Richardson said in Condition A, the landscaping should be planted within 30 days and now there are only 15 days left in the season. John Richardson asked if they applied for a permit. Mr. Kumar said the Zoning Inspector. Mr. Weennig said he talked to the Zoning Inspector before they put up the fence. Mr. Kumar said the application was denied and the inspector gave it to Mr. Kumar. Mr. Kumar said it was very clear that the Zoning Inspector was going to deny this permit. If the board wants to make changes to Condition A, please do that. Mr. Richardson asked how many years it would take to bring the landscaping up to code. Mr. Kumar said 20 years. Doug Miller said this is an opportunity to get the landscaping up to code. Mr. Kumar said Duke has no problem with additional landscaping, Mr. Kumar said he didn’t think the revised zoning code would have much about outdoor storage.
Motion There was a motion by Matt Evans to approve Case 2004-348 including Condition B and 1 through 5, striking A and addressing this (A) at a later date. There was a 2nd by Don de Reynier.
Don de Reynier said this is like extortion. Doug Miller said it isn’t extortion. It is trying to get them to come into compliance. Mr. Miller said staff is suggesting this.
There was a motion by Matt Evans to amend his motion to include Condition A but to change the “thirty (30) days” to “ninety (90) days” and change “Section 21.05 (C)” to “the Deerfield Township Zoning Code.” There was a 2nd by Scott Evans.
Doug Miller said to go ahead and vote on the amended motion.
Roll Call John Richardson-No, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-No, Scott Evans-yes The motion was approved.
CASE 2004-296 Towne Properties, 22.0 Acres Zone Change,
Staff Report The request is to change the zoning along Columbia Road from General Business to Residential Multi-Family PUD. Mayank Kumar pointed out the surrounding zoning. He gave the history of zoning activity on this property. He said 6 acres could be used for public recreation. The amount of open space meets the requirement. There was a problem with the golf center property behind the subject property which is zoned General Business. The staff recommends that the golf center should be rezoned from General Business to Residential Single Family since that parcel is surrounded by residential zoning. The Condition A reflects the attempt to bring the golf center into R-SF zoning. In the event the zoning commission chooses to approve this case, staff recommends compliance with Conditions A or B and Conditions 1-15 as follows:
A. The applicant/property owners shall consider a rezoning of entire 67.2 acres with a PUD overlay and make an attempt to propose the multi-family use on the rear (east) 33.6 acres and preserve the frontage along Columbia Road (11.6 acres + 22.05 Acres = 33.6 Acres) for the future uses (Multi-Family or General Business) as market evolves.
B. In light of the fact that Zoning Commission approved the same rezoning application with a similar layout on January 13, 2004 under the current Deerfield Township Zoning Resolution, staff recommends the following if the Board intends to proceed to approve the zone change as requested:
1. Approval of a planned unit development (PUD) overlay shall only mean approval of land uses and shall not include approval of a site plan, as this is a matter for Stage 2 and 3 of the PUD.
2. A project spokesperson shall be designated for the PUD regarding all dealings with Deerfield Township. This party may delegate his/her role as spokesperson to another individual and shall notify the Township Zoning Inspector of such event. In any case, only one spokesperson will be recognized by Deerfield Township as representing the PUD.
3. Approval of Stage 2, Preliminary Site Plan Review, 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.
4. Compliance with all conditions and requirements as 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.
5. Prior to Stage 3, Final Detailed Plan approval, 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. Residential uses shall consist no less than 100% of the property and the site development shall not differ from 6.4 (± 0.1%) dwellings per acre.
7. 12 Acres (~54.5%) shall be designated as “common open space” as identified on Appendix 1, at least half of which shall not be a detention or retention area and shall be useable for public purposes, if not actually utilized for active recreational purposes.
8. Prior to Stage 3, Final Detailed Plan approval, applicant shall secure written approval from the Warren County Engineer’s Office for the ingress, egress and internal circulation of traffic. Road improvements identified as necessary shall comply with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities. A traffic impact study shall be developed for the proposed use and an easement shall be put of record providing adequate access to the adjacent 33.6 acre parcel, if required by the Warren County Engineers Office.
9. A homeowner’s association shall be created to own and maintain all common open space, amenities, storm water facilities, private access ways and parking improvement, in compliance with Section 19.10 of the Deerfield Township Zoning Resolution.
10. Compliance with Warren County Subdivision Regulation.
11. Prior to the zoning permit approval, applicant shall secure a letter of approval form Warren County Engineers Office for Storm water Drainage Plan in compliance with the Rules and Regulations for the Design of Storm Water Management System. Any change to the approved plan shall require Zoning Commission review and Trustees approval.
12. Prior to the zoning permit approval, applicant shall secure a letter of approval from Warren County Soil and Water Conservation District for Erosion and Sediment Control; Plan. Any change to the approved plan shall require Zoning Commission review and Trustees approval.
13. Prior to Stage 3, Final Detailed Plan approval, applicant shall secure a letter of approval from Deerfield Township Fire Department for interior circulation, emergency access and location of fire hydrants. Any change to the approved plan shall require Zoning Commission review and Trustees approval.
14. A development plan shall be submitted to show the different phases of development and shall be attached with a time line. Each phase of the development shall be independent in nature and require letter of approval from Warren County Engineers Office, Warren County Soil and Water Conservation District, and Deerfield Township Fire Rescue. Any change to the approved plan shall require Zoning Commission review and Trustees approval.
15. Sidewalks shall be installed along Columbia Road and within the development for internal circulation at the expense of the property owner and shall be in compliance with the Deerfield Township Concept Pathway Plan.
Mr. Kumar said Condition 8 states that if Warren County believes it is necessary, a traffic impact study will be done. Condition #14 says each phase of the development shall be independent and require letters from several county agencies. Any changes to the plan shall require Zoning Commission review and DTT approval. John Richardson asked about the road that goes back to the Golf Center from Columbia Road. Mr. Kumar said it is private. Matt Evans asked if this rezoning was approved last year. Mr. Kumar said that is correct. Doug Miller said they are looking for a condition that says “this is the plan you must build in the Stage 1” so when it comes to Stage 2, that is the plan they must build. Doug said he had trouble with a couple of the conditions, because if we say, “This is the plan you must build,” and the county engineer says, “No, I want this road moved over here for better circulation,” you must go back for a zone change because you have those conditions on there, so perhaps it would be well to get those approvals from the agencies before it moves through the entire process so that those conditions could be removed. Matt Evans asked if the staff has reviewed it with that in min. Mr. Kumar said if it is not in compliance with any conditions of Stage 1, it is a zone change. Stage 2 and Stage 3, those are not so strict. If it is not in compliance with Stage 1 condition, it goes back to the Planning Commission, the Zoning Commission, and the Trustees. Mr. Kumar said the zoning department depends on so many other agencies for their comments and approval. John Richardson asked for the proponent to come forward.
Brad Austing, Towne Properties, 1055 St. Paul Place, Cinti., OH 45202, said that they received approval the last time and went back to the drawing board and came up with a better plan. Mr. Austing seems to think the combination Stage 1 and Stage 2 will work better. Don de Reynier asked him if they have contacted the golf center and if the golf center would be agreeable to treating the whole 60 some acres as a PUD. Mr. Austing said they have had some communication over the years and they have changed ownership a few times. Mr. Austing said they have contacted them about relocation of the road but he didn’t know how they would feel about the PUD. Mr. Austing wanted to see what they can do to get the plan approved. He said these condos are planned for empty nesters, singles, and young professionals. He said there won’t be many children. There will be full yard maintenance and a condo association. He said the development would be a $45,000,000 to $50,000,000 development and even it there are 50 children, the school will benefit financially.
Rick Paolo, 425 Walnut St., #2300, Cinti.,attorney representing Towne Properties, said they would like the condition of the rezoning at the Stage 1 hearing to be in compliance with the plan as attached. This would include the open space issues, the setback issues, the density issues. Mr. Paolo said on the Stage 2 hearing, what they would like to see is, if there are issues such as minor modifications to the plan, for example, a building which needs to be moved and it would affect this property which is up for rezoning now, the 22 acres, if that is affected and the building is moved, and would increase or decrease the density but not affect the plan as a whole, the density would stay the same as a whole, it’s just a minor modification to the building, we would like that considered at a State 2 hearing. Again, the zoning would stay the same. The setbacks would stay the same. The plan would stay the same and we would consider this a minor modification. Thus the reasoning for our request here. We want come up with an acceptable resolution that the planning commission could feel comfortable with, and that staff could feel comfortable with. We think it’s a plan that would result in something acceptable for everyone. For the community, because what you are getting in front of you today is something that you would typically not see up front. As Mr. Austing has mentioned, you are seeing a complete plan up front not at some later time several months down the road, thus the reasoning for our request.
Hopefully, we can come to a resolution with Mr. Miller, myself, staff, and Towne Properties, and of course yourselves. I think it would be acceptable and appropriate to go forward on that basis. If any of you have any questions whatsoever, please feel free to address those. Mr. Paolo said Mr. Miller and I have discussed this briefly. Hopefully, we can go forward upon that basis. Rick Young from Henderson and Bodwell is going to answer any technical aspects regarding the plan and address some of the conditions of the staff recommendations. Prior to Mr. Young’s comments, I do just want to mention one concern we have with the staff conditions on Alternative A. Obviously Towne Properties does not own this property. It appears that it is an unreasonable condition such that in order for Towne could go forward with that rezoning, they would have to acquire that property. We are here just for the rezoning on the 22 acres. Though we do appreciate the staff’s concern regarding the overall plan and the overall affect it will have on the community, we would not like to go forward with that and affectively be required to acquire the property.
Don de Reynier asked if they have a concern about how that property might be developed right next to you as General Business, straight zoning. Brad Austing, Towne Properties, 1055 St. Paul Place, Cinti., OH 45202, said we own all the apartments adjacent and we take that risk. Doug Miller said we’ve got 22 acres tonight and you had 11 previously, and I don’t know what conditions were on that, which could be violated with this plan. Mayank Kumar said he checked those conditions from the previous 11 acres and those conditions do not conflict with the new plan. Mr. Kumar said the density for the 11 acres was 8.97. Rick Paolo, 425 Walnut St., #2300, Cinti.,attorney representing Towne Properties, said yes they are requesting that the property be joined for one complete plan. Doug Miller asked whether the golf center parcel is land locked. Mr. Paolo said they can get in and out by way of the access easement. Mr. Kumar asked if Towne Properties was planning to purchase the golf center. Mr. Austing said they have no interest in purchasing the golf center at this time. Mr. Miller said if the golf center could do something and the township wouldn’t have to see the plan as long as it is General Business (straight zoning). Mr. Miller said it will be an island of General Business.
Scott Evans asked if there are plans for amenities. Mr. Austing said there are plans for 2 tennis courts, a small playground, a pool, a fitness center. Mr. Kumar said even if this site plan is approved, the tennis courts are not included in the plan because they are outside the subject property. Matt Evans said you are having the apartments share the facilities. Why is there no road to connect the apartments with the condos? Mr. Austing said there is a sidewalk connecting the two. Matt Evans said what if we approve Stage 1 and Stage 2 and then DTFR comes back and says the road access must be redone. Mr. Kumar said the zone change process would have to be opened again. Doug Miller said we could say the plan will be built substantially as submitted, but if there is a need for additional water retention or additional access, that is a matter that could be changed at Stage 2. That way we would have flexibility. This is an advantage because we can see what we are going to get down the road. Scott Evans asked on the plan, why don’t they know if it is going to be a mound or a lake?
Rick Young, Henderson & Bodwell, 3530 Irwin-Simpson Road, Mason, OH 45040, said that Condition A referring to the golf center property is something they have no control over. Condition 6 on density, said the condition should be modified to say in changing our density don’t exceed that of 6.87 for this site and the 11 acre site combined. Condition 7, open space, the water detention areas were included by us in the open space. Condition 8, said Columbia Road was widened many years ago and Towne Properties continues to pay for that, and said a traffic study is a waste of time at this point. John Richardson asked if there is a time line on the easement. Mr. Paolo said it is perpetual. Condition 14, asks if the storm water plan is adequate and if it will continue to be adequate as the development grows. John Richardson asked if there will be phases. Mr. Young said it will be built in 3 phases.
Condition 15, regarding sidewalks, Mr. Young said near Catalina Isle intersection there is a hill and that would cost $25,000 for a retaining wall for sidewalk construction. Near Gatsby Green there are no sidewalks. He didn’t think those residents would be willing to pay for a sidewalk along Columbia. Mr. Young said he is aware the township is trying to get a pathway plan in place, but the sidewalk would not connect to anything. Mayank Kumar showed Mr. Young a conceptual pathway plan. Mr. Kumar suggests an 8 feet wide path along Columbia Road and along the entrance driveway to the golf center property. Doug Miller said since that entrance to the golf center has no public right-of-way, the public would not be allowed to put the path there. Doug said it is not an easement for the public. It is private property. A sidewalk could be required along Columbia Road but not along the private easement. Mr. Kumar said the pathway plan is a conceptual plan. Rick Young asked if the plan is connected to the Landen CSA trails. Matt Evans said that he thought the golf center land would become public. Rick Paolo said you can’t impose public access on private property. Mr. Kumar asked in the next few years if the golf center develops, what will happen with that easement? Doug Miller said he couldn’t comment unless he could see the agreement. Tim Hershner said under straight G-B there is a concern that the easement is a limited easement and there is a concern that it doesn’t have sufficient access. Rick Young asked what is the driving issue that makes access to the golf property a public purpose? Tim said staff is raising the point that if the G-B develops there might be an issue with access. John Rickert asked if someone is here tonight from the golf center. There wasn’t anyone present. Matt Evans asked if they would consider donating a public easement on the golf property entrance?
Joe Montanas, Towne Properties, 1055 St. Paul Place, Cincinnati, OH 45202, said that Towne Properties sold that property to the golf center many years ago for recreational use. Mr. Montanas said the property is very limited due to the way they took the easement. Mr. Montanas seemed to think in the future it may go back to residential. Doug Miller asked them about the easement. They said it is 40 feet wide. Mr. Montanas said he would get a copy of the easement agreement for Doug Miller. Mr. Kumar asked them what is the process, if the golf center wants to modify the easement? John Richardson said it is a private matter. Mr. Miller said the standard easement width is 60 feet. Doug Milller said Towne would have to agree to give them more property (20 feet) to make 60 feet and then there would have to be a dedication for public use. Tim said the pathway system in Landen was in lieu of sidewalks. Tim said this plan shows sidewalks to all the units. Tim said he has seen people walking along Columbia Road which is very dangerous. John Rickert asked price of units. Brad Austing said $115,000 to $230,000 per unit. Mr. Austing said it would be a $45,000,000 project. Mr. Austing said going from 4 feet to 8 feet sidewalks and then doubling that amount through the property. We are trying to be co-operative. Mr. Austing the Columbia Road sidewalk is not connecting to anything and you have a plan which is not officially adopted. He said we are not trying to be uncooperative. Doug said we have done that before, saying when the property next door develops, then you must put the sidewalks in. Doug said at that time there will be working with the HOA to get sidewalks developed. Mr. Austing said you have Mason to the north and Gatsby Green to the south and they may not want to put sidewalks in.
Scott Evans asked if the internal streets are going to be private. They said yes. Mr. Austing said the impact on the township and county will be minimal.
Doug Miller said there are signs to be relocated. Doug said the signs are in G-B and with rezoning this it is no longer G-B. Mr. Austing said we have signs for the apartments back there and to advertise the golf center. Mr. Austing said the signage helps with the apartments back there. There was some discussion on their need for a sign but with the requested zone change, whether the signs would be allowed.
Sheldon Davis, 3353 Cutter Lane, Maineville, OH 45039, the person responsible for the planning of the suggested pathway plan, explained the reasoning behind the pathway cutting across the golf center easement to Socialville-Fosters Road. Mr. Davis explained that Columbia Road is where the Miami to Miami Bike Trail is planned to be going and through the golf center to Socialville-Fosters Road. John Richardson asked when it goes to Landen Lake does it stay on the west side. Tim said there are options of having certain portions in the road such as the way they did it in West Chester
Township at Cox Road. John Richardson asked Rick Young if there is a traffic light planned for this development and Mr. Young said not at this time. Normally, a study would be needed. John Richardson closed the open portion of the meeting.
Don de Reynier said he feels positive about the rezoning but he is concerned about approving the site plan due to density, open space, sale ability, etc. Tim Hershner said this is a sketch plan but there could be modifications if Warren County Engineers, DTFR, etc. make changes. Mayank Kumar said this is a Stage 1 and there are 141 units planned on 22 acres
on the subject property. Don de Reynier asked if we could include the other property as part of the condition with this property. Mr. Kumar said the Stage 1 for the previous 11 acres and conditions have been established and those conditions are separate. John Richardson said the density on the original 11 acre plan was higher. Mr. Richardson asked why we can’t say on the entire 33 acres we approve but the density must not exceed “X.” Mayank said all the conditions should reflect for the 22 acre site what is actually being built. Don de Reynier was concerned that they don’t revert back to higher density on the previous 11 acres. Mr. Paolo said he and Mr. Miller talked, and they anticipated that before any resolution was acted upon there would be paperwork in front of the board so there would be no confusion on the decision. Matt Evans said what if the staff still needs to review the plan based on the setbacks and yards requirements. John Richardson against the golf course in straight zoning the requirement is 90 feet but this is a PUD and he said the buildings are 50 feet from the golf center. The garages are closer. Mr. Richardson said they are the ones who are taking the risk by putting the buildings close to a General Business zoning. Matt Evans asked if the staff has had time to review the plan. Mr. Kumar said there are still a lot of things on this plan he does not know about the plan such as mounds or ponds. Which is it, a lake or a mound? He said we don’t know about the storm water management from this plan. As far as setbacks and buffer yards, he said we don’t know that. John Richardson said we can’t approve a Stage 2 tonight maybe a Stage 1 only. Mr. Kumar said the bufferyard requirement is 90 yards. John Rickert said it doesn’t seem that we’re that far from Stage 2 and would it be a hardship if we approved Stage 1 and then get the fire department,engineers, and other agencies involved. Mr. Rickert said in 45 days it could be through. Mr. Austing said the bufferyard at 90 yards would be where we plan 3 units. Mr. Hershner said Mr. Kumar is correct but he said the spirit and intent of the buffer requirements suggests that the buffer should be on the G-B zone with that buffer requirement. Mr. Hershner said the garages could provide a good buffer. Mr. Rickert said he is for the sake of the community a proponent of the sidewalk system. Mr. Austing said they have planned 4 feet sidewalks. Mr. Austing said putting a sidewalk through the golf center’s private property is not something that could be done now. Tim said maybe we could obligate you to the future and make sure we have good access back to that from Columbia Road.
John Richardson asked Tim about the distance of the bufferyard behind Nantucket. Tim said it is 100 feet. Tim said the higher intense use buffers itself from the lower intense use. John Rickert asked if we could have staff go over and refine these conditions before the next meeting. Rick Young said he is confident this plan is a good one. There was discussion on when there will be another Zoning Commission meeting.
John Rickert said the staff needs to refine these conditions. Doug Miller said he wants to see the Resolution from the original case on part of the property. Mr. Miller said he doesn’t like to see one development in 2 PUD’s. Mayank said the current site plan complies with the Stage 1 conditions. John Richardson said the 11.6 acres was approved for 8.97 homes per acre in 1999. Mr. Richardson asked if the board is in agreement that we need to evaluate. Doug Miller asked them what density they are looking for and he was told 6.87. Doug Miller asked about the traffic impact study. John Richardson said staff says to have one if the Warren County Engineers require a traffic study. Doug Miller says this board does this all the time. You are approving it then you say you want a traffic study. What are you going to do with the traffic impact study? You already approved it. Mr. Austing said if the county requires this, they will comply. John Richardson said we need to continue this case. John Richardson wants to set a density of 6.87 and to look at open space. Mr. Richardson said pathways should be shown for the future. Tim said the public hearing can be continued until next Monday evening, May 17th, if the board agrees to act swiftly since that is the meeting set aside for the Zoning Code Update.
Motion There was a motion by John Richardson to continue Case 2004-296 to next Monday, May 17th, 2004. There was a 2nd by Scott Evans.
Roll Call R. Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes
The motion was approved.
John Richardson made a motion to adjourn for a break. The motion was approved.Don de Reynier made a motion to re-adjourn. The motion was approved.John Richardson made a motion to stop taking testimony at 11:45 PM. There was a 2nd by Don de Reynier. The vote was all yes. The motion was approved.
CASE 2004-349 Miller PUD, Aglamesis Property, Stage 2, Preliminary Site Plan Review, 16.9 Acres
Staff Report Mayank Kumar projected a map of the Miller PUD on the wall and he pointed out the subject property and the surrounding properties. He explained the zoning of those surrounding properties. CDS plans 90 single story condo units in 23 buildings. The plan calls for 2.7 acres of open space and detention ponds. He gave agency comments The WCRPC recommended approval with 16 conditions. Warren County Engineers said the developer will be responsible for road improvements. Ohio Department of Transportation asked the applicant to perform a right turn lane analysis to determine the necessity of a right turn and additional ROW may be required. Warren County Water & Sewer said sufficient water and sewer service is available. Warren County Soil & Water Conservation said there must be an approved plan for erosion and sediment control. DTFR has no objections at this time but a site plan review showing adequate fire apparatus movement is required. Mr. Kumar showed the original plan for the Miller PUD in 1997, the existing proposed development plan, and a conceptual land use plan with the Deerfield Town Center, which was never officially adopted. He also showed the proposed Stage 1 sketch plan. He said staff is recommending the board to move forward and review this plan. Mr. Kumar said the density for this site is 5.33 units per acre. Nantucket has 444 units and density was 12.66. Carriage Square has 96 units and density was 15.58.
Mr. Kumar said the residents want a bufferyard like the one at Carriage Square. John Rickert asked how wide is the bufferyard for Carriage Square. Mr. Kumar said the bufferyard for Carriage Square is about 150-200 feet wide. In the event the board approves this case the staff has suggested 19 conditions as follows:
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.
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. Site Plan shall be revised to accommodate the stormwater detention outside the fifty (50) feet bufferyard along the eastern property line. A revised site plan shall be submitted and Community Development Director will make determination if the revised Site Plan shall require Zoning Commission review prior to Stage 3 application. Any changes to the stormwater management facility shall require approval from Warren County Engineers Office and 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 for right-of-way for Montgomery Road. Storm water facilities can not 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. No part of the earth mound shall be less than six (6) feet in height along the eastern property line. The average height of the earth mound along the Montgomery Road shall not be less than four (4) feet.
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. Submit a “Sidewalk Plan” detailing the sidewalks and pedestrian connections within the proposed development and with the surrounding development. A concrete sidewalk not less than six (6) feet in width shall be installed along Montgomery Road through the site open space and in coordination with planned improvements of the road. Four (4) feet wide sidewalks shall be installed inside the development for pedestrian circulation. This “Sidewalk Plan” shall be in compliance with the Deerfield Township Concept Pathway Plan and shall be submitted prior to the final site plan approval and shall require approval from Deerfield Township Trustees. 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.
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.
Mr. Kumar read the conditions and explained some conditions such as #12, trying to keep mature trees around the perimeter of the property and #17, requiring a linear park area. John Rickert asked him how to get out of the development and was told it would be right in and right out since a landscape medium is planned for Montgomery Road. Mr. Kumar had one letter from and adjacent property owner
Proponent Steve Dragon, CDS Associates, Civil Site Engineer, introduced John Sowie and Mike Gates of Gridiron Development and Mr. Dragon showed a video on the type of condo community for age 55 and up seniors that is being proposed. The company is called Epmark Communities. Steve Dragon said they plan to work with the residents and Steeplechase Apartments on drainage issues. Mr. Dragon said the unit prices are high $100’s to $200,000. Mr. Dragon said the units are attractive. The Stage 1 plan allows for this type of development. Mr. Dragon said they plan an emergency access to Steeplechase Apartments and a linear park along Montgomery Road is planned. There is a 6 feet high mound with trees planned in the rear for screening. Each home site has landscaping.
Mr. Dragon said Condition #11 requests that the storm water detention area be located out of the bufferyard. Mr. Dragon said the double row of trees will provide screening. John Rickert said there are 3 wet ponds and asked if the detention area shown in the southeastern corner area is dry? Mr. Dragon said yes. Mr. Dragon said they would like to make use of that area for detention.
Mr. Dragon said on Condition #12, some wet ponds are proposed for storm water management and water features at the site, adjacent to the clubhouse to the northwest corner. Mr. Dragon requested that the wet ponds be included in the open space requirement since they are amenities to the site.
Condition #14, Mr. Dragon said they haven’t done a tree evaluation of the site or final boundary survey of the site. Mr. Dragon said they would like the option drafted into that condition, with the board’s approval, in order to preserve mature trees in that area, the mounding might be limited. Mr. Dragon said if there are mature trees, they agree with staff that they be preserved.
Condition #17, on the sidewalks, they have indicated on the site plan, a 6 feet sidewalk along the Montgomery Road frontage through the site to the linear park area. Mr. Dragon said on the concept plan that was addressed in the previous case, he was opposed to this the path going through this development. Mayank Kumar said it is shown on the concept plan. Tim Hershner said the plan is to be able walk to the park at Fields-Ertel. Mr. Dragon said he is not sure if the intent is to go through this development but intensive foot traffic going through this community would be very detrimental. One of the good things is that the community doesn’t want pedestrian traffic coming through. The privacy of the development is one of the things that residents there like.
John Rickert asked about the right in, right out and how to go left out of this facility. Mr. Dragon said they would go left to Carriage Square and go out. Mr. Dragon said the proposed Montgomery Thoroughfare Plan restricts any left turn. Tim Hershner said one of the original requirements of Steeplechase was that access for the Aglamesis property would be gained through Steeplechase where they show the emergency access. Tim said with this low density, this suggests they don’t need a full access point. Tim said he suggests for future benefit as they develop and the road comes southward, that a public access easement be granted to the property line so that if in the future we need access to Steeplechase, the service drive continues further southward. Tim said we are not saying it is going to get built, but we want to leave that option open so that if it becomes a necessity, we at least have that available to the township. Don de Reynier asked if they gave any consideration to not having a right in and right out and going up all the time to that northern road. Mr. Dragon said that would be very damaging from to his perspective, and any traffic engineer would tell you that that the right in, right out has little affect on the capacity or performance of the traffic.
John Rickert asked about storm water and drainage on the back side of the resident’s properties to the east. Mr. Dragon said he hopes to be in contact with those property owners and he intends to work with the residents and Steeplechase to determine what remedies could be considered there. John Rickert asked if the mounding would make things worse, would the developer be willing to lay in PVC pipe to remove the water from the resident’s backyards? Mr. Dragon pointed out directions water drains on this property. Mr. Dragon said they are responsible for their property but they would not consider going off this site. John Rickert said so you plan to meet with the residents. Mr. Dragon said yes.
Scott Evans asked if the Resolution for the Miller PUD from the Warren County Commissioners and the percentages of R-SF of R-MF will still be adhered to. Scott said they adhered to this on Nantucket. Scott said there is a 25% requirement for R-SF in the Miller PUD and the last person to develop should have that. Tim said staff is suggesting apart from this application, that the Zoning Commission consider initiating an amendment to the Miller PUD, a zone change basically, whereby we come up with a new sketch plan and look at the conditions of the original zone change. We could update them so that what is happening and what we envision to happen over the next 10 years is in line with what we think will happen. The Miller PUD happened about 13 years ago. Scott Evans the original Nantucket was a bunch of duplexes and it wasn’t a good plan. Don de Reynier said the zoning by Warren County before we had our own zoning had conditions including 25% R-SF or duplexes and density of 10 units per acre. Mr. de Reynier said are we saying that these conditions do apply in this case. Tim said we certainly want to enforce them. Mr. de Reynier said is this any different than the Walmart Case. Doug Miller said he doesn’t think they apply. Mr. Miller said the application came in before the most recent zone change. Mr. de Reynier said you are being consistent with your earlier position on Walmart. Mr. de Reynier said why are we worrying about that now. Doug Miller said there was a zone change that put all the conditions back in. Tim Hershner said this application was submitted prior to this becoming law. Mayank Kumar said so whatever portion of the Miller PUD is undeveloped, if a new application comes in for that portion of the property, then the original PUD conditions are in affect for that application. Doug Miller said so many different changes from what the original sketch plan showed that you probably do need to go back and get it in compliance with the new sketch plan, particularly with the land that is left. Don de Reynier said he is confused. Doug Miller said the original conditions from the county don’t apply. Tim said this is for most purposes in compliance with the original sketch plan. Matt Evans asked if there are any provisions for additional parking on the site. Mr. Dragon said there is a 2 car garage and parking for 2 at each site. The clubhouse can be used for functions with more cars. Mayank asked if the storm water management is planned for the site. Mr. Dragon said they would have that at Stage 2. John Richardson asked for public comment.
Public Comment John Roll, 3459 Shadow Ridge Drive, said he likes the plan, that it is condos and that it is
single family. He said he wanted a buffer and he was concerned about storm water management. Tim said there have been other proposals for the property and because of that, the property was expensive. Tim said other proposals suggested 300 units and this one is 90 units. Mr. Roll was concerned about headlights from this development coming on his property. John Rickert said only 7 homeowners will be affected and suggested the developer meet with them. Matt Evans asked him about trees. Mr. Roll said most of the trees are within 5 feet of the property line. John Rickert said the trees may be sufficient to screen. Mr. Roll complained about the lights from the tennis courts at Steeplechase. Scott Evans asked Steve Dragon if it will done in phases. Steve said the building will be continuous. Scott Evans said when Nantucket developed the developers and the homeowners met to resolve situations as they occurred.
Mike Hamm, 3393 Wessex Court, said he likes the mounding but he is concerned about some old trees along the line. Tim said if there is preference by the residents to have a privacy fence, the developers would probably be open to that. John Rickert said for the same amount of money which was spent on mounding, some PVC pipe could be installed which would collect some water and alleviate some water problems for the adjoining residents. Tim Hershner pointed out where the water flows and a french drain could be installed. Tim said this may work better than a mound that nobody needs.
Bob Meade, 3394 Wessex Court, said his house is at the most north eastern point. He has a problem with water standing in the yard. He thinks mounding may make it worse. He is concerned about property values. He wants to leave the natural tree line behind his house. Scott Evans asked him if his drainage situation changed when Carriage Square was built and he said it did not.
Diana Halligan, Brookside Court, came forward with a storm water management plan from Mecklenberg County, N.C., but John Richardson asked her if she could do her presentation at the next zoning meeting due to the time being 11:45 PM.
Steve Dragon asked if he could have the case moved to an earlier date. Mayank said the next meeting is June 14th and the staff has so many cases and will be unable to do it any earlier.
Motion There was a motion by John Richardson that Case 2004-349 be continued to the next
regularly scheduled meeting of June 14, 2004. There was a 2nd by Scott Evans.
Roll Call Matt Evans-Yes, Don de Reynier-Yes, J. Rickert-Yes, S. Evans-Yes, J. Richardson- Yes The motion was approved.
OLD BUSINESS CASE 2003-611 Shoppes of Deerfield North, has been continued. Tim reminded the board of the special meeting next Monday, May 17th, at 7:00 to discuss the Zoning Code Update.
NEW BUSINESS John Rickert said he is moving away from Deerfield Township and is resigning from the Zoning Commission. Next Monday will be his last meeting.
ADJOURNMENT Motion by John Richardson to adjourn, There was a 2nd by Scott Evans.
Roll Call S. Evans-Yes, J. Richardson-Yes, Matt Evans-Yes, R. Giesse-Yes, Don de
Reynier-Yes The motion was approved.