DRAFT
Deerfield Township Zoning Commission
ZONING COMMISSION
MEETING OF FEBRUARY 14, 2005
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Don de Reynier, and Alternate Leo Massaro
were present. Also present was former township law director, Doug Miller. Later Matt Evans came in and also new law director, Andrew Gleason.
Minutes: Minutes DT Zoning Commission January 10, 2005
Motion by Don de Reynier to approve the minutes of January 10, 2005, Second by Scott Evans.
Roll Call - Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes Leo Massaro-Yes The motion was approved.
CASE 2004-921 Stage 1, Deerfield Village Square Requested Zone Change 30.5 Acres from Office Warehouse PUD to General Business PUD, Casto Deerfield Limited
Mayank Kumar recapped the previous meeting on this case. He said the case had been tabled for a later date so that some of the issues regarding the PUD spokesperson and traffic could be addressed. Mr. Kumar said that Neil Tunison was requested to attend this meeting in order to clarify any questions regarding traffic as it relates to this proposed development. Mr. Kumar asked Doug Miller to comment.
Doug Miller, former Township Law Director, said that he has looked at the legal issues regarding the PUD spokesperson and if all participants in the PUD must be notified and give their consent in order to amend a portion of the PUD. He said that anyone can request a zone change if they own property in a PUD. Mr. Miller sited a legal case and there was a zone change in that case but that predated the statute regarding the PUD. Mr. Miller said his opinion is that they are not required to have the consent of any adjacent or neighboring property owner or to notify them. He said in this case, he believes the other owners in the PUD do not object to the zone change. Mr. Miller said that the public discussion portion of this case is closed and that Mr. Neil Tunison, Warren County Engineer is here for traffic questions tonight. Mr. Miller said that new Law Director, Drew Gleason will be here at the meeting later tonight. He said that property owners in a PUD can ask for a change but this board should determine if other property owners in the PUD are affected.
Mr. Larry Barbiere, 2906 Afton Valley Court, Maineville, OH, who represented Wilkland said they do not object to the proposed development but they requested two things. They asked that their own property the 49% - 51% ratio stipulation stay the same and that the applicant will agree to install a sewer line. Mr. Barbiere said if those two items are in place, there would be no objections from Wilkland on this proposal. Mr. Richardson asked what is the location of the sewer line. There was discussion on the location of the sewer line. Greg Malone, Casto Realty, displayed a drawing showing where the sanitary sewer would run. Mr. Malone said it would be extended as part of the construction. John Richardson asked if there were any public who didn’t get to speak at the last meeting, to come forward at this time. There were none.
There was some discussion on the zoning of the surrounding properties. Don de Reynier asked Neil Tunison about the traffic study. Neil Tunison, Warren County Engineer, spoke about the traffic study and the peak of traffic volume at certain times of the day. He said the movie theater causes a different peak mostly in the evening but at that time background traffic is less. Don de Reynier asked him about the Saturday peak. Mr. Tunison said there is a definite Saturday peak but this study only dealt with Monday through Friday traffic. He said the peak is 490 trips. Mark Bruggeman, CDS Engineers, referred to a letter from CDS to Mr. Tunison dated 1/20/05, where it was established that the maximum trips are at 490. John Richardson asked if that is the maximum in any given hour. Mr. Tunison said that is the maximum trips generated from the development.
Scott Evans asked Neil Tunison if he had a time line on the Irwin-Simpson realignment. Mr. Tunision said they want to get both Irwin-Simpson and Wilkens Boulevard done but they are trying to come up with construction dollars. Mr. Tunison said their goal is to get the road built in 2 years. John Richardson asked Mr. Tunison when a traffic light would be installed at Irwin-Simpson and Wilkens. Mr. Tunison said considering the cost for the traffic light, he would rather see funds required for a light go to the Irwin-Simpson realignment. Don de Reynier said that the planned condos have a higher density of 10 units per acre which is higher than what has been approved before. Greg Malone, Casto Realty, said in some of their revisions at this time they plan to reduce the condo number from 160 to 150 units. Mr. Malone said this plan is something different for Warren County. There is no other development like it. He said this an urban mixed use product. This plan has the required green space that staff recommended. Mr. Malone said they reduced the units due to the traffic study. Don de Reynier said he believes Office Warehouse is a better transitional area (buffer) than this Multi-Family Residential and that this theater is not a buffer since it is General Business. John Richardson said that he believed having the condos in the plan there makes it better. John Richardson asked Mr. Kumar what is the zoning of the property across the street. Mr. Kumar said it is Office Warehouse PUD. He again pointed it out on the wall display.
Scott Evans was concerned about the traffic generated by the theater because at the last meeting, many people came forward and complained about traffic at the Rave Theater in West Chester Township. Greg Malone, Casto Realty, said he looked at the Rave and realized the traffic problems are caused by a bad interior traffic circulation design. He said the roads going into and out of the facility are designed just fine. Mr. Malone said this theater planned at the Towne Center would have several ways in and out, whereby the Rave has one way in and one way out. Mayank Kumar asked Mr. Malone if their buffering would be similar to Walmart’s. Mr. Malone said he wasn’t sure what the Walmart plan was but the back of this building would be whatever the township requires. Leo Massaro asked if they considered putting the movie theater behind the Jewish Hospital and Mr. Malone said they did check into that property but it was not available and there wasn’t enough space.
The conditions which were proposed at the 1/10/05 Zoning Commission were as follows:
1)
Limit the overall development to that which will
not generate a peak traffic count in excess of 526 490
trips in any given hour. Future added capacity as a result of roadway
improvements (i.e. Wilkens Boulevard widening from the existing three lanes to
the designed five lane) could provide reconsideration of added components. This
added capacity shall be reviewed and decided upon in Stage 2, Site Plan Review.
The proposed uses in Parcel A, B, and C shall be proportionately reduced n order
to meet this limitation so that no one parcel is more compromised than another.
2) No more than 160 “for sale” condominium and townhome residential units may be considered.
3) A minimum of 20% open space shall be required with a minimum of 50% of which shall be useable as passive park open space where formal gardens, landscaping, greens/commons, park and street furniture, etc. shall be employed to encourage use of said space. The detail for said space shall be determined in Stage 2.
4) A ten feet wide asphalt pathway shall be constructed along the northern property line parallel to relocated Irwin-Simpson Road.
5) The Stage 2, Site Plan, shall be integrated within each of the three parcels, A, B, and C, as well as with the immediate adjacent Deerfield Towne Center to the east.
6) All design elements shall be integrated within each of the three parcels, A, B, and C, as well as with the immediate adjacent Deerfield Towne Center to the east.
7) Compliance with the Warren County Official Thoroughfare Plan.
8) Improvements, as determined by the Warren County Engineer’s Office, in conjunction with the Deerfield Township Trustees.
9) Prior to zoning permit approval, submittal of letters of compliance with all local, county, state, and federal agency regulations.
10) Erosion and sediment control, as determined by the Warren County Soil & Water conservation District, in compliance with the Warren County Erosion and Sediment control Regulations. Additionally, stormwater quality controls are required. Bio-filtration and extended detention as per NPDES general permit shall be required.
11) Compliance with Warren County Subdivision Regulations.
12) Coordinated design standards shall be submitted in Stage 2 integrating a high quality design and building materials.
13) No drive through facilities shall be permitted.
There was discussion on additional conditions 14 and 15.
14. The Wilkland Property on the west side will remain per the PUD, 51% Office/Warehouse, 49% Retail.
15. The Developer to provide sewer at Wilkens Boulevard adequate to serve the 30 acre Wilkland property.
Motion Motion by John Richardson to approve Case 2004-921 with the 13 conditions changing Condition #1 from 526 trips to 490 trips, changing Condition #2 from 160 units to 150 units,and adding Condition 14 and Condition 15. There was a 2nd by Robert Giesse.
Roll Call Don de Reynier-No Scott Evans-Yes John Richardson-yes, Robert Giesse-Yes Leo Massaro-Yes The motion was approved.
Law Director, Andrew Gleason and Board Member, Matt Evans entered the meeting at this time.
CASE 2004-965 Zone Change for Robertson’s Property, 1.5 acres, Corner lot on Mason- Montgomery Road
& Old Irwin-Simpson Road
Staff Report Mayank Kumar gave the staff report. The request was to rezone to allow for a bank building with a drive through and also some type of a retail use such as a jewelry store on the 1.5141 parcel. He said he believed the rezoning would be detrimental to the nearby Residential Single Family properties. Mr. Kumar also said he did not believe a PUD would be advisable on such a small parcel. He said Warren County Regional Planning Commission recommended approval. Mr. Kumar said the township staff recommended denial of this case. John Richardson asked if the board had questions for Mr. Kumar. They had none. Mr. Richardson asked for the representative for this property to come forward.
Proponent Joe Trauth, Attorney, 1400 Provident Tower, 1 East 4th Street, Cinti., OH 45202, said he is representing the Robertsons and John Thompson of the Evers group. The Robertsons purchased this property in 1993. Mr. Trauth said after reading the staff report it is obvious Mr. Kumar did not attend the Warren County Regional Planning Commission. He said a lot of that information that came out in that hearing did not get into this staff report. Mr. Trauth said the owner of the day care center did not make a formal offer to purchase this property. He said here is a 1 ½ acre piece of property immediately across from the Deerfield Towne Center. Mr. Trauth said no one would want to build a home on this property because it is zoned Residential Single Family. What other uses are there? Schools, Procter and Gamble, and an older neighborhood. He said since 1993 the area has dramatically changed. He said the area has been impacted by the shopping center. Mr. Trauth said the WCRPC said there is no viable use under the residential single family zoning. He said that Bruce McGarity at the Warren County Regional Planning Commission said that there is no R-SF use for that property now. He said the zoning takes away the viable, probable use. He said the WCRPC did not agree with General Business because that is too open but they suggested a Neighborhood Business. He said they plan a bank and a jewelry store to be built on this property. Mr. Trauth said he disagreed with the staff report on the PUD. He said the PUD would allow the township to control the development. He said he thought this is a way for these property owners to develop their property. Warren County Regional Planning Commission recommended approval of this zone change. Mr. Trauth said he disagreed with the Deerfield Township Staff Report and he that he believed that a PUD would be good here.
Josh Robertson, the wife of owner, Mark Robertson said she is a real estate broker and has been marketing this property for many years. When they advertised this property for sale, they received offers from gas stations, car washes, convenience stores. She said she believes the plan for the bank and jewelry store would be good here. She said the WCRPC realized the property would not be good for a house. She said she was aware when she bought the property that it was R-SF but she felt this is the best use for the property. She said she fought with the Warren County Auditor because he tried to tax them for commercial property when it was residential. Also she said Mason Schools tried to make them pay more taxes thinking the property was commercial. The board had no questions for the applicants.
Concerned Citizens Linda McKeon, 4937 Old Irwin-Simpson Road, a 12 year resident, said she feels bad that
people made this investment in 1993 and haven’t sold it. She said she has problems getting in and out from her neighborhood due to traffic. She said this proposed zone change could make the traffic worse. She said there would be more bright lights and noise. She said they watch the police do sobriety checks due to the restaurants across the street. She said the bank and jewelry store could be subject to crime. She likes her nice neighborhood and doesn’t want it to change.
Leonard Huss, 9017 Fields Drive, a 16 year resident of Deerfield Township, said that he supports free enterprise and Capitalism and property ownership. He said he can understand the desires of the property owner to want to sell that property. He said that this lot is a domino which could destroy the neighborhood. He said it is a donut hole in the neighborhood. He asked the board to seriously consider the following: The donut hole has been impacted significantly by all the development on Mason-Montgomery corridor. Rather than banks or jewelry stores there might be an alternate use for that lot. Keep in mind that there’s always a possibility maybe that Deerfield Administrative Building would work there. You’ve got a completely empty, relatively new building with multi-rooms and multi-wings called the Child’s Place that sits vacant and an adjacent lot. He said one of the biggest single resources is our property. Mr. Huss asked the board to shepherd his resources wisely.
Robb Olsen, 8704 Charleston Woods Drive, said the township needs a well planned Land Use Plan and the strong will of the board members and trustees to stick to it. He quoted from the Ohio Revised Quote about the balance of rights between property rights individual rights. He sited several cases regarding zoning regulations and public welfare.He said he is against the rezoning.
Tonya Hines, 9041 Fields Drive, said she has no sympathy for these property owners. She said they held onto this property too long. She said she believes that Pat Elder of the Child’s Place tried to purchase this property. She said there are plenty of other places to put a bank or a jewelry store. There are rentals across the street and the township doesn’t need a bank or jewelry store.
Steve Wendel, 4701 Woodland Drive, said he has made an investment in his property and that there has been an increase in the value over the years. He was concerned that the Robertson property with this different zoning could have a negative affect on their property value. He gave examples of how the properties have appreciated.
Diana Hallagin, 4071 Brookside Court, said that there are no guarantees of what could go in there and that a gas station could go in there. She talked about the lack of guarantees. Ms. Hallagin did not like the possibility of a gas station being so close to Simpson Creek. She said one person at the county agreed with that. Warren County said that everything in Deerfield should be a PUD. She said that Robertson lot is domino number 1. She said she regrets that Mr. Hershner was not here at this meeting tonight because his experience would be so helpful. She said Mr. Hershner voted “no” at the WCRPC meeting on the approval of this case.
Ken Elder, 7754 Twin Lakes Drive, Morrow, OH 45152, said his purpose tonight is not to object to the zone change but to clarify some miss-statements. Mr. Elder said they did make an offer to purchase this property. It was in writing. They determined that for Residential at the time the going rate was $100,000 per acre. Mr. Elder said they offered $150,000 for that property. There was a verbal rejection. Mr. Elder did not receive a letter. He said he later learned the asking price at the time was $1,200,000.
Mark Slovinsky, 5293 Hathaway Road, Lebanon, OH, said he was here to represent the Village Church, the 7th Day Adventist Church, said they wanted to go on record to say they are opposed to the development as it is shown. He said when the church came to the area, they thought there would be residential growth, not commercial growth. He said the Village Church has tried to be good neighbors. They have had a good relationship with the Child’s Place and the Liberty Bible Academy. He said for the first time tonight he saw this plan and he said he is mildly offended by the fact that the exit shown on the plan is through his church property. Mr. Slovinsky said he remembers talking to Pat Elder about the Child’s Place’s attempt to purchase the corner lot and that they wanted a million dollars for the lot. He said the Village Church would also be interested in purchasing the vacant lot at residential rates but not at commercial rates.
John Thompson, 9912 Carver Road, Blue Ash, said he was the listing agent and the Robertson property has been listed since June or July of 2003. He confirmed that the Ken Elder did make a written offer that they received to purchase the vacant lot. He said the offer was kind of forgotten-about, by both the attorney and the Robertsons, mainly because at the same time there were a flurry of offers as high as $875,000. As Josh Robertson had said they had offers from strip centers, fast food, gas stations, hotels, car washes, convenience stores. During this period he said he and the proposed purchasers had conversations with folks at Deerfield Township. Mr. Thompson said he realized the residents in those homes would not want a car wash but this use, a bank would fit. He said they did have a conversation with Mr. Slovinsky’s predecessor at the church about the traffic situation. Mr. Thompson said the Village Church has a difficult time when their people exit the site and wish to turn left onto Mason-Montgomery Road. The traffic makes it difficult. He said they met with Mr. Slovinsky’s predecessor on helping to alleviate this problem. Mr. Thompson said this proposal would act as a good buffer between the residential and the commercial. Matt Evans asked him about the multiple offers, and asked if he listed it as residential. Mr. Thompson said he did list it as residential.
Joe Trauth, Attorney, 1400 Provident Tower, Cinti., OH 45202, again stated that we all agree that residential use is not appropriate at this site. Mr. Trauth said his point is that no one would want to build a house on this site. He said if you go through the uses there, it is very difficult to find something that would work. Mr. Kumar said some conditionally permitted uses under R-SF would be group homes, religious places of worship, educational institutions, government buildings and clubs, utilities, roadside stands, personal communication services, bed and breakfast lodging, cellular towers, etc. Mr. Trauth said this is the first time he has heard about the Child’s Place offer of $150,000. Mr. Trauth had said previously at this meeting that the church did not make an offer. Mr. Slovinsky, Village Church Pastor, said the realtor would not take an offer because they laughed at the offer. Mr. de Reynier said there is viable economic value to the land at its current zoning. Mr. Trauth said again that remains to be seen, but the property needs to stand on its own. Mr. Trauth said the owner of this property can’t depend on the Child’s Place or the 7th Day Adventist Church. Mr. Trauth said you can’t depend on combining it with something else. The applicants have not brought forth any evidence they can’t sell this at the current zoning. Joe Trauth, said we didn’t come here tonight to make a court case. He said people will not buy this to build their dream home on it.
Phyliss Hamilton, 9031 Fields Drive, said she is shocked that these 2 professional people didn’t know the gentleman had made an offer and were so uninformed.
Mark Robertson, property owner, said this is still a free county where it is okay to make money. He said nobody is going to buy this property for a house. He said since Walmart is coming, no one is going to put a house here. He asked Mr. Elder how much is going to sell his property for. Mr. Elder said $2,000,000, which included the structure and the land. Mr. Robertson said the path has been paved for this property and it has been called a donut hole by the property owners.
John Richardson closed the public portion of the meeting and asked for board discussion. Matt Evans said the fact that there are homes directly across the street says to him that a house could be put on this property. Don de Reynier said the property is economically viable and can’t see where the public welfare of the nearby property owners is served by the rezoning.
Motion Motion by Scott Evans to deny Case 2004-965 for the rezoning of the Robertson property. 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.
Motion by Don de Reynier to take a 5 minute break. There was a 2nd by Scott Evans. Motion was approved.
Motion by John Richardson to re-adjourn. There was a 2nd by Robert Giesse. Motion was approved.
CASE 2005-021 Stage 2, Graving Property, 3636 W. US Route 22 & 3, Miller PUD
Don de Reynier and Scott Evans excused themselves from this case since they both live in close proximity to the property in this case.
Staff Report Mayank Kumar said this plan is for a 16,500 square feet rectangular, 60 feet x 275 feet office/retail complex on 1.8439 acres. The outside is planned to be brick veneer and columns, with precast arches and EIFS (stucco) sign bands and facia. He gave the agency comments.
Staff Findings - Compared to the original sketch plan, the building size has increased by 1,080 square feet but the number of parking spaces remained the same. Staff recommends calculating the number of parking spaces to match the size of the building. The rear building façade should be enhanced to look better, using brick veneer instead of the concrete block as shown. One loading space of 10 x 25 feet must be provided. The lighting, signage, open space requirements, and landscaping are not addressed in this application. Mr. Kumar said they will be using underground detention. The Resolution 2004-098 approving Stage 1 for the Graving’s property, Condition 8, 9, and 10 asked for quantity and quality of Storm Water Management. Condition 11 of that Resolution required percentages of retail and office uses to be determined in Stage 2. In this application we have no indication of the usage for the floor area of that building, how much for retail, and how much for office. The staff is recommending at least 49% for office use and the remaining use 51% for neighborhood business uses. There are some restrictions in Resolution 2004-098 on Condition #12 prohibiting auto sales, car repairs, and drive through facilities. The staff recommended approval with 18 conditions. Conditions 1-12 are the typical site planning conditions. Condition 13 is regarding open space. Condition 14 is regarding signage. Condition 15 is the sidewalk plan. Condition 16 is regarding the sidewalk plan with the street-scaping elements along Montgomery Road. Condition 17 is regarding the building façade that it should be of similar materials as Nantucket, covered walkways, and the rear façade should look similar to the front. Condition 18 is regarding maintaining 49% office and 51% neighborhood business. John Richardson said on the 5 feet setback on the north side it previously was a 20 feet setback. Mr. Richardson asked if we have anything that specifies that there should be certain setbacks? Mayank said no, but this board is allowed to do that and the size of the building and the requirement for parking spaces, also. John Richardson said in Resolution 2004-098 were there specifications on the square footage maximums? Mr. Kumar said, “no.”
The conditions were as follows:
1. Compliance with the all applicable resolution and restriction approved by Warren County and Deerfield Township including Resolution 93-711, Resolution 2004-98, Resolution 2004-99.
2. Dedication of public right-of-way along Montgomery Road in compliance with the Warren County Official Thoroughfare Plan.
3. Compliance with all requirements of the Ohio Department of Transportation. A single full turning movement access point will be permitted 400 feet northeast of Steeplechase Lane until such time the planned Montgomery Road widening project is awarded (approximately 3 years), after which the access will be restricted to right-in/right-out only. This access shall be completely removed when the cross access easement is executed to allow access through the adjacent property (Deerfield Commons Development).
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. Approval of interior circulation, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department.
6. Prior to Stage 3, Final Detailed Plan Approval, applicant shall secure and submit a letter of approval from Deerfield Township Fire Department for fire hydrant placement, fire main size, and fire main looping.
7. Submission of an alternative plat, in compliance with the Warren County Subdivision Regulations, dedicating all necessary common access and public utility easements, as well as the aforementioned Montgomery Road public right-of-way.
8. Compliance with Chapter 20, Parking and Loading Regulations, of Deerfield Township Zoning Resolution. One loading space of 10’x25’ shall be provided. The size of the parking space shall be either 10’x18’ or 9.5’x19’.
9. No outside storage or sale or merchandise display shall be allowed at any time. The setback requirements of all loading spaces shall comply with Section 20.08 B. Screening of all loading spaces shall comply with Section 20.08 C. All dumpsters shall be screened in compliance with Deerfield Township Zoning Resolution.
10. All roof-top mechanicals and light wells shall be screened from public view by parapet walls, as viewed from any adjoining public right-of-way (ROW) of park area.
11. A Lighting Plan shall be submitted prior to Stage 3 review including photometric analysis and detail of lighting fixtures. The maximum height of light post fixtures shall be fifteen (15) feet with no lenses protruding below the housing except for approved decorative light post fixtures. The illumination shall not exceed 0.2 lumens along the site boundaries abutting residential use. All wall mounted light fixtures shall be down directional with no lenses protruding below the housing except for approved ornamental fixtures.
12. A Landscaping Plan shall be submitted in compliance with Chapter 21, Bufferyards and Landscaping, of Deerfield Township Zoning Resolution, prior to Stage 3, Final Detailed Plan Approval. The landscaping along Montgomery Road shall be placed with fifteen (15) feet setback from the proposed right-of-way (ROW) of Montgomery Road. Existing mature vegetation shall be maintained to the greatest degree possible and shall be so identified on the plan.
13. The site open space shall be at least twenty (20) percent of the overall site acreage excluding dedication of any right-of-way.
14. Signage Plan shall be submitted in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution, prior to Stage 3, Final Detailed Plan Approval, except for the following sign restrictions:
1. One (1) wall mounted sign shall be allowed for each retail tenant of any multi-tenant retail building with a sign face area of one (1) square feet of sign face for every lineal foot of store front, and a maximum of twenty-five (25) square feet. Said sign shall be installed on the building façade facing Montgomery Road. The wall sign shall not exceed 36 inch in height with a maximum length of 70% of the tenant store front.
2. No wall mounted signs shall be allowed for office use other than informational sign/s.
15. The Sidewalk Plan shall provide a minimum of eight (8) feet wide asphalt path along Montgomery Road, location of which shall be mutually determined by Warren County Engineer, Ohio Department of Transportation (ODOT) and Deerfield Township Trustees. All other sidewalks and connections inside the development shall be a minimum of four (4) feet in width.
16. A Sidewalk Plan detailing the sidewalks and pedestrian connections within the proposed development and with the surrounding developments shall be submitted prior to Stage 3, Final Detailed Plan Approval. The plan shall also include the details of the proposed sidewalk, including, but not limited to, streetscaping elements (textured concrete crosswalks, decorative light posts fixtures, ornamental wall mounted light fixtures, benches, landscaping).
17. All building elevations shall be submitted prior to Stage 3, Final Detailed Plan Approval. The building materials for the exterior walls of all structures shall incorporate similar materials, and color of the Nantucket Apartments and Shoppes at Nantucket. Covered walkways are encouraged. Roofing material used for all structures shall be architecturally compatible in terms of material and colors. Painted aluminum and glass storefront is permitted so long as the color is consistent to the exterior building material and does not exceed 25 percent of the storefront elevation. The rear elevation shall be aesthetically improved by using compositions of brick veneer, EIFS and other building materials instead of only painted concrete blocks.
18.
At least 49%
30%
of the gross floor area of the proposed building shall be designated for
office use. The remaining 51%
70% could be any use allowed
in the Chapter 15, Neighborhood Business, in Deerfield Township Zoning
Resolution other than the uses restricted under condition #12 of Resolution No.
2004-98.
Proponent Paul Grammas, Grammas Development, 825 Country Club Drive, Cinti., OH 45245, said he would make it very simple. He said he agreed with the Staff Report except for 2 items. Mr. Grammas was concerned about Condition 3 on the curb cut and the connection to the adjacent property, the Deerfield Commons Property. John Richardson asked Mr. Kumar to display the site plan on the wall. There was discussion on that. Mr. Grammas said he would like to have his entrance across the street from the Aglamesis property. John Richardson said the control of that is up to ODOT. Mr. Kumar explained what ODOT recommended. Mr. Grammas said he wanted right in and right out. Mr. Kumar said ODOT agrees to that but the Mullins property is not included in that right now. Leo Massaro asked what happens in they don’t get the extra easement? Mr. Kumar said they still will have their right in / right out. Mr. Grammas said that on Condition #18, he would like to see the 49% office amount to be changed to 30%. Mr. Kumar clarified Condition 3 saying it would allow Mr. Grammas to have right in / right out. John Richardson asked for any public comments. There were none.
Board Discussion Robert Giesse said if they change the office usage percentage to 30%, the other amount for neighborhood business would be 70%. John Richardson said he was concerned about the side setback on the north side of the property because we don’t know what the use is going to be. Mr. Kumar said the use was discussed in the Miller PUD Stage 1 Amendment where the use here was designated as offices. Mr. Kumar said our code does not require buffering between neighborhood businesses and offices. John Richardson asked what was the set back off the back property line. Mr. Kumar said it was 15 feet. Matt Evans asked about the panhandle lot, Mullins property. Matt said one portion may not be able to be developed for anything other than a road. John Richardson was concerned about the percentages recommended and how many offices may go there.
Motion Motion_by John Richardson to approve Case 2005-021 including the 18 Conditions but
modifying Condition 18, changing the 49% to 30% and the 51% to 70%. There was a
2nd by Matt Evans.
Roll Call J. Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Leo Massaro-Yes
The motion was approved.
CASE 2005-030 Site Plan Review, Leach Property, Butler-Warren Road
Staff Report Mayank Kumar explained the plan to build a 130 feet x 275 feet, 35,750 Square Feet gymnasium / sports entertainment center on 10.048 acres on Butler-Warren Road. He explained surrounding zoning. He gave the agency comments. The Warren County Engineers recommended an additional 5 feet of r-o-w and a 15 feet utility easement. A turn lane analysis for the site will be required. They must show compliance with stormwater management regulations. The Warren County Sanitary Engineer said the water and sewer service at this site must be provided by Butler County. The Warren County Soil & Water Conservation District requires that there is perpetual management of stormwater quality. The DTFR asked for there to be access (space) allowed for their fire apparatus and they must see the plan for fire hydrant placement. If the board approves this case there are 17 conditions.
Mr. Kumar said Conditions 1-11 are typical. Condition 12 is regarding the 86 feet wide bufferyard requirement along the east property line between commercial and residential property. Condition 13 is the dumpster, roof-top mechanicals, light wells screening. Condition 14 is the 8 feet wide sidewalk requirement along Butler-Warren Road. Condition 15 is regarding signage. Condition 16 is the lighting plan. Condition 17 is that construction plan submittals must be done prior to getting a zoning permit.
1). One hundred ninety-six (196) parking spaces shall be provided. All parking for users of the facility shall be limited to on-site
and shall not be permitted within the public rights-of-way. The development shall include 196 parking spaces.
2) The owner shall provide a letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Warren County Engineer’s Office for the site access, interior circulation, site improvement, and Stormwater Management Plan. The site plan shall accommodate additional right-of-way in compliance with Warren County Thoroughfare Plan.
3) The owner shall provide a letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Deerfield Township Fire Department for interior circulation, emergency access, and location of fire hydrants.
4) The owner shall provide a letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Warren County Soil and Water Conservation District for Soil and Erosion Control Plan. Applicant shall place an Erosion and Sediment Control Bond with the Board of Warren County Commissioners prior to the issuance of zoning permit.
5) The owner shall provide a letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Warren County Sanitary Engineer and/or Butler County Department of Environmental Services.
6) The development shall comply with the Warren County Subdivision Regulations.
7) Per Section 8.01 (E) (3) of Deerfield Township Zoning Resolution, the owner shall provide all necessary improvements including a drainage easement along Muddy Creek as required by Warren County. The development plans shall also address the storm water quality controls by directing parking lot stormwater through engineered bio-infiltration areas.
8) Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction activities.
9) Revise the size of the parking spaces to be either 10’X18’ (180 square feet) in compliance with Deerfield Township Zoning Resolution or 9.5’X19’ (180.5 square feet).
10) One (1) Off-Street loading space of 10’X25’ shall be provided in compliance with Section 20.07 of Deerfield Township Zoning Resolution. The Off-Street Loading Design Standards shall comply with Section 20.08 of Deerfield Township Zoning Resolution. No outside storage or sale or merchandise display shall be allowed at any time.
11) Site landscaping shall be in compliance with Chapter 21, Bufferyards and Landscaping, of Deerfield Township Zoning Resolution. The landscaping along Butler Warren Road shall be placed outside the right-of-way (ROW). If any landscaping wholly or partially placed in any public utility easement along Butler Warren Road, a letter of approval shall be provided by the holder of easement prior to approval of zoning permit in compliance with Section 21.07 of Deerfield Township Zoning Resolution. Existing vegetation along Muddy Creek in the required drainage easement shall be maintained in its natural state and shall be reflected as such on the landscaping plan.
12) There shall be a minimum of eighty-six (86) feet wide bufferyard along the east property line abutting residential zone or land use. The bufferyard shall include plantings in compliance with Section 21.10 of Deerfield Township Zoning Resolution. Existing vegetation along Muddy Creek shall be counted towards the planting requirement of the said bufferyard. A schedule of planting materials with specification shall be provided on the landscaping plan.
13) All service structures including dumpster, roof-top mechanicals, light wells shall be screened in compliance with Section 21.09 of Deerfield Township Zoning Resolution.
14) There shall be a minimum of eight (8) feet wide concrete sidewalk along Butler Warren Road in compliance with Warren County Subdivision Regulation and Deerfield Township Concept Pathway Plan, location of which shall be mutually determined by Warren County Engineer’s Office and Deerfield Township Trustees. This sidewalk shall extend the entire frontage of the subject property along Butler Warren Road. In the event, a subdivision plat is processed, approved and recorded prior to the zoning permit approval, the said sidewalk shall only extend the subdivided lot on which the proposed sports complex is located.
15) Signage shall be in compliance with Chapter 22, Signs, of Deerfield Township Zoning Resolution.
16) A Lighting Plan shall be submitted prior to zoning permit approval including photometric analysis and detail of lighting fixtures. The maximum mounting height of lighting fixtures shall be twenty-four (24) feet with no lenses protruding below the housing except for approved decorative light post fixtures. The illumination shall not exceed 0.2 lumens along the site boundaries abutting residential use. All wall mounted light fixtures shall be down directional with no lenses protruding below the housing except for approved ornamental fixtures.
17) All building elevations shall be submitted prior to the issuance of zoning permit. The elevation drawings shall include material and color specifications.
John Richardson asked how realistic is the parking requirement for a building this large? Mr. Kumar said this issue was raised for the Tahoe case. There is a lot of floor area. Don de Reynier said Condition 9 talks about the size of the individual parking space but there is nothing in the conditions about the total number of spaces. Mr. Kumar said that Condition 1 limits the parking to “on-site”. John Richardson said it is trying to say you can’t park on the street. Mr. de Reynier said they need to add the total number of parking spaces and then put the wording, “not to exceed code or (a certain number).” John Richardson said we are not worrying about exceeding a certain number. Matt Evans said are they basing it on occupant load of that building. Mr. Kumar said with the open areas in the building, it is difficult to determine the number of spaces. John Richardson said what is to prevent them to from renting this out to a church and setting up a many folding chairs on the gym floor? Matt Evans asked what the occupant load of this building would be. Mr. Richardson asked the proponent to come forward.
Proponent Mark Leach, 7641 Brookfarm Court, Mason, OH, said in order to meet the r-o-w in the front we will push the parking and retention pond back. Mr. Leach said he agreed with the conditions except for the Condition 14 on the sidewalk. A sidewalk to nowhere would be there. Could they leave the space for the sidewalk and later install it when other sidewalks along Butler-Warren Road develop? Mr. Kumar said Warren County requires the sidewalk and the township trustees require an 8 feet sidewalk, also. Mr. Leach asked if an area under 4 acres requires erosion and sediment control for storm water. Mr. Kumar said Mr. Leach should check with Mr. McElroy at Warren County. Mr. Leach asked about the left turn lane or a deceleration lane. Mr. Kumar said that Warren County Engineers would have to review that. John Richardson asked about the numbers of people for 5 basketball courts would there be 60 people? Mr. Leach said this is not like a school setting. In this setting people drop off and pick up. John Richardson asked if this was strickly basketball and could it convert to soccer? Mr. Leach said it could convert to volley ball, but not soccer.
Mark Rager, 11725 Darbyshire, Symmes Township, said on week days there would be 10 players per team for practices. On the weekends the maximum would be more to watch the games and there may be people arriving for the next game when the last game is still in progress.
Sheldon Davis, 3353 Cutter Lane, Maineville, OH, said he wanted to reiterate about the 8 feet walkway along Butler-Warren, that the Trustees and Warren County recommended this trail. John Richardson closed the public portion of the meeting and asked for board discussion.
Board Discussion Matt Evans said if the occupant load increases, we must make sure there is enough parking. Robert Giesse said do they have room to expand the parking if it is needed? Mr. Giesse we don’t need unnecessary pavement. Mr. Kumar said in the BZA cases, we say no parking shall be allowed off site. Plus there is another statement which says the usage of the building shall be restricted to the allowed parking spaces. There was more discussion about people coming and going in this facility and the parking. Mayank said you could just add the BZA statement.
Mark Rager, 11725 Darbyshire, Symmes Township, spoke again about the parking. He said sometimes people car pool and that helps. He said they have been in touch with the Warren County Convention and Visitor’s Bureau about the proposed facility. There was more discussion on numbers of children per team, etc. Robert Giesse asked him if more room would be needed for parking, is there space to expand? Mr. Leach said the retention area could be moved. Mr. Leach said he currently owns the property next door which is paved. Don de Reynier said they could add a line in Condition #1 that the parking spaces are not to exceed 200 spaces. Robert Giesse said he is not sure they are concerned about exceeding the number. Matt Evans started to make a motion that there be 250 parking spaces minimum but the board disagreed.
Motion Motion by John Richardson to approve Case 2005-030 with the 17 Conditions as recommended by the staff and adding a sentence to Condition #1 stating, “The development shall include 196 parking spaces. There was a 2nd by Scott Evans.
Roll Call Scott Evans-Yes, John Richardson-Yes ,Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes The motion was approved.
NEW BUSINESS Sidewalk Plan for Walmart Super Center
Mayank said Walmart is asking for the issuance of a zoning permit. The Stage 2 and 3 was approved on June 23, 2004, subject to 46 conditions. Since that time the staff has been working with Walmart to achieve compliance on all the conditions. They are here tonight specifically on Conditions 10, 11, and 12 regarding the sidewalks. Since the trustees changed the plan from the main street style, the Walmart engineers and architects have been working to have a compliant plan. The sidewalk plan calls for decorative light posts, detail of cross walk, pedestrian plaza and integration of bench area, decorative fence around the retention pond with water fountain, and 2 bronze statues. The staff recommended to this board to approve the Sidewalk Plan for Walmart Super Center and that the applicant shall provide some decorative wall mounted lighting fixture on the building facade.
10) Submit a “Sidewalk Plan” detailing the sidewalks and pedestrian connections within the proposed development and with the surrounding developments. The plan shall also include the details of the proposed sidewalk, including, but not limited to, streetscaping elements (textured concrete crosswalks, decorative light posts fixtures, ornamental wall mounted light fixtures, benches, landscaping) which support a “Main Street” front elevation. This “Sidewalk Plan” shall be approved by the Deerfield Township Zoning Commission.
11) The Sidewalk Plan shall provide a minimum of six (6) feet wide sidewalk along Wilkens Blvd., Mason-Montgomery Road, Bowen Drive, and new Irwin Simpson Road with a minimum of ten (10) feet setback from the proposed right-of-way (ROW). All other sidewalks and connections inside the development shall be a minimum of four (4) feet in width.
12) The landscaping plan and sidewalk plan shall include the streetscaping elements as stated in condition #10. Special attention shall be given to the retention ponds and entry points into the development to provide focal points (i.e. pedestrian paths around retention ponds, gazebo, benches, sculpture and architectural elements). An integration of landscaping plan and sidewalk plan resulting a “pedestrian plaza” is suggested as shown in “Appendix-A.” Similar kind of pedestrian plaza is encouraged in the proposed development and shall be installed at each of the four corners of the site. The site plan shall also include the pedestrian paths highlighted as shown in “Appendix-B.” The sidewalk plan shall provide similar detail as shown in “Appendix-C.”
Note:
Appendix-A is the path design for Chestnut Hill Subdivision located north of Bethany Road in Deerfield Township.
Appendix-B, and Appendix-C are the approved sidewalk plan and streetscaping details of the Towne Center development.
Proponent Deborah Sullivan, 1700 Lyon Road, Dayton, OH, gave details of the above additions to the plan to make the site more attractive. There were additions such as benches by the pond, retaining walls, statues, etc.
Matt Evans asked Mr. Kumar about the decorative lighting. He said these were ornamental, non intrusive, lower wattage with shorter poles.
There was no public comment.
Motion Motion by Scott Evans to accept the Sidewalk Plan for Walmart. There was a 2nd by John Richardson.
Roll Call Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes The motion was approved.
OLD BUSINESS Zoning Code Update
Motion by _John Richardson to table the Zoning Code Update to April 11, 2005, the regularlY scheduled Zoning Commission Meeting. There was a 2nd by Robert Giesse.
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes The motion was approved.
ADJOURNMENT Motion _by John Richardson to adjourn. 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.