DRAFT
MINUTES
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Don de Reynier, Matthew Evans, and
Alternate Leo Massaro were present. Also present was Doug Miller, township attorney.
Election of Chairman for 2005
Motion by Scott Evans to nominate John Richardson as Chairman for 2005. There was
a 2nd by Robert Giesse.
Roll Call Robert Giesse-Yes, Don de Reynier,-Yes Matthew Evans-Yes, Scott Evans-Yes, John
Richardson-Abstained The motion was approved
Election of Vice-Chairman for 2005
Motion by Don de Reynier to nominate Robert Giesse as Vice-chairman for 2005. There
was a 2nd by Matt Evans.
Roll Call Don de Reynier-Yes, Matthew Evans-Yes, Scott Evans-Yes, John Richardson-Yes,
Robert Giesse-Abstained The motion was approved.
John Richardson thanked all the board members who served last year for the good work. He said it was a busy year. He
also thanked them for the election as chairman.
Minutes: Minutes DT Zoning Commission Special Meeting of October 25, 2004
Motion by Don de Reynier to approve the minutes of October 25th, 2004, as written. There was
a second by Scott Evans.
Roll Call - Matt Evans-Yes, Don de Reynier-Yes, Scott Evans,-Yes J. Richardson-Yes, Robert
Giesse-Yes The motion was approved.
Minutes: Minutes DT Zoning Commission November 08, 2004
Motion by John Richardson to approve the minutes of November 8, 2004, with a change on
Page 3, Chapter 16, changing “is seems” to “it seems,” and on Page 6 Page 6, Section 18.13,
Steep Slopes, adding “3 to 1” slope in blank. There was a second by Robert Giesse.
Roll Call - Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert
Giesse-Yes The motion was approved.
Minutes: Minutes DT Zoning Commission Special Meeting of November 29, 2004
There was a motion by John Richardson to approve the minutes of November 29, 2004, There
was a second by Don de Reynier._
Roll Call - Matt Evans-Abstained, Don de Reynier-Abstained, Scott Evans-Yes, John
Richardson-Abstained, Robert Giesse-Yes, Leo Massaro-Yes The motion was approved.
Minutes: Minutes DT Zoning Commission December 13, 2004
Motion by John Richardson to approve the minutes of December 13, 2004. There was a
second by Matt Evans.
Roll Call - Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Abstained, John Richardson-Yes,
Robert Giesse-Abstained The motion was approved.
John Richardson instructed the audience to fill out a form if they have an interest in commenting during the next two cases.
CASE 2004-921 Requested Zone Change 30.5 Acres from Office Warehouse PUD to General
Business PUD, Casto Deerfield Limited
Staff Report Tim Hershner explained the request for a Stage 1 Zone Change for 30.5 acres from O-W PUD to G-B PUD. The development will be referred to as The Village Square. The owner of the property was Casto Deerfield Limited. Tim explained the surrounding zoning. He gave the history of the zoning on the property. In 1996 there was a zone change for the Wilkens Farm from R-1 to O-W PUD. He pointed out each parcel and what use is there at this time. He said they are requesting to build a Cinema, some residential (160 condo units) and some office and commercial.
Parcel A - The intended use is to build condos on the 15.5 acres, owner occupied housing, 160 units, 10.335 dwelling units per acre. Parcel B – The plan is for an 80,000 square feet office building on 5 acres. Parcel C – That proposes a multi-screen movie theater, of 80,000 square feet.
The WCRPC recommended denial of this plan because it does not follow the Land Use Plan Update of 1997. Tim said other developments have come about which are contrary to the Land Use Plan. He said the plan is old and could be deemed somewhat out of date. Under the Land Use Plan, on much of this property the expectation was for Office Warehouse. Tim sited several examples of other previous developments which are not in compliance with the Land Use Plan.
John Richardson asked about the parcel which is west of Wilkens. Tim said it is O-W. Doug Miller asked if there should be consent from other owners in the PUD to allow this? He said he would have to check on this before a decision is made, since this was approved as one PUD. Don de Reynier asked if the proponent is speaking for the whole PUD. Doug Miller said Mrs. Wilkens is the spokesperson for the whole PUD. He said that must be looked at. Doug said this may provide a buffer for residents further to the west. Doug said the other parcel west of Wilkens will still be zoned O-W and 49% of it will be retail. Doug said with this plan there is the residential in the middle. Would this be considered “spot zoning?” John Richardson asked about the Natorp property near Wildcat and the zoning there. Tim said those will be condos. In the event the board approves the proposal, there are 13 actions or conditions. Tim discussed each of the 13.
1) Limit the overall development to that which will not generate a peak traffic count in excess of 526 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.
Don de Reynier inquired ed about the Neighborhood Business section and if will there be controls and restrictions on what goes in there. Tim said everything in N-B could be looked at and the board could determine the excluded uses. Tim said to look at Section 15.04 and see if there are businesses they want to exclude. John Richardson asked if there were more board questions. There were none.
Motion There was a motion by John Richardson to end testimony this evening at 11:00. There was a 2nd
by Scott Evans.
Roll Call Robert Giesse-Yes, Don de Reynier-Yes, Matt Evans-Yes, John Richardson-Yes, Scott
Evans-Yes The motion was approved.
There was discussion on the next case and whether there will be enough time for discussion. (There were many people in the audience.) John Richardson said they would try to end this case by 10:00 to allow the other case to get heard.
Proponent Greg Malone, Casto Realty, said he is the operating owner for Deerfield Towne Center Phase 1 and the applicant. He introduced Glaser Works, Jeff Racer, Bayer Becker Engineers, Bob Garlock, CDS Engineer’s traffic consultant, Mark Bruggeman, and Anderson Real Estate, Jeffrey Anderson, who is a 50% partner in the Towne Center.
Mr. Malone explained on the map the proposal. He told about the residential executive housing section and how it would be integrated into the plan. He also explained a 2nd Phase which he said is a better plan for the property in transition with the neighbors. Mr. Malone said the use is Office, Office Warehouse, and Residential. He said traffic is a primary consideration. Mr. Malone said they are hopeful that the board would like this truly integrated project. He said they would be trying to make a “pedestrian friendly” project. The walkways will connect the housing units with the Towne Center for shopping, dining, and entertainment. The residential buildings have a common courtyard. The backs of the residential building would back up to the backs of the Towne Center buildings with connecting pathways. He pointed to 2 plaza’s and the village square concept which is planned for pedestrians. Parcel B, the 5 acre pod, would be the Neighborhood Business designation which would be 1st floor commercial with offices upstairs. There is a rotunda planned at the end of the building. There is a commitment for the cinema and the lighting would be screened so that Mr. Natorp’s property which is west would not be bothered by lighting. All 4 sides of the cinema building would be finished. Most traffic for the cinema would be after the office traffic is gone. The curb cuts which were approved in 2002 will be in place and there will not be additional curb cuts.
Jeff Anderson, Anderson Real Estate, explained what is happening in the “Lifestyle Center” business. Fifty lifestyle centers have been built to date and Anderson has built 8 of them. Mr. Anderson said the way to add the entertainment factor to the lifestyle center is to add the cinema. The way to improve the site and add tenants is by adding the entertainment factor and the residential factor, it integrates the whole thing. At Rookwood they are adding 300 condominiums. Mr. Anderson said adding the residential and cinema will keep people right here. Mr. Anderson asked the board for questions. Don de Reynier asked the price on the condos. Mr. Malone said the condos would sell for $300,000. Mr. Malone said there would be empty nesters and professional who have been transferred who would live here. Mr. Malone said the condos would be very high quality because that is what the people in this area demand. Tim asked Mr. Anderson what relates to this proposal with the island of residential surrounded by commercial. Mr. Anderson said that there is a residential development near Charlotte, NC, with retail on the first floor and the residential above. There are restaurants and a cinema in the development and that has become the place to live. Greg Malone said the customer is looking for care free living where they don’t have to get back in their car. Matt Evans said this a self sufficient area but those are surrounded by office towers. Matt Evans asked which property owners they spoke to. Mr. Malone named several he had contacted besides Ken Natorp.
Mr. Malone said that the cinema would be a good transition building between Walmart which will be open 24 / 7 and the commercial office and residential area he is planning. Leo commented that this buffering from Walmart is the same as a resident. Don de Reynier asked how big the cinema will be. Mr. Malone said 16 theaters, 75,000 square feet which is the size of a Kroger. John Richardson asked how they plan to manage the traffic. Mark Bruggeman, CDS Associates, said the original traffic study did include Phase 2. They propose that the mixed use would generate 500 trips. Mr. Bruggeman said with the movie theater there is no AM traffic. Most traffic would be evening. On the original use for this site, warehouse, there would be many trucks. This plan would not generate truck traffic.
Matt Evans asked if the traffic will be reduced if Irwin-Simpson is realigned. Mr. Bruggeman said getting rid of that “dog leg” would definitely help. John Richardson asked Tim if the Irwin-Simpson Road realignment was definite or not. Robert Giesse asked if there was a time table on that. Tim said it is up to the county engineer. Don de Reynier asked if the traffic at the cinema would be bad on Saturday afternoon. Mr. Bruggeman said Friday and Saturday evenings would be the peak times. John Richardson closed the proponent comments and asked for public comments.
Tim Hershner said on the table he printed out some e-mails and letters he has received regarding this case if anyone wants to look at them. There were 3 in support and 18 in opposition.
PUBLIC COMMENTS Faye Smith, 5474 Old Farm Drive, said she is representing “Smart Growth” which is made up of residents of Deerfield Township. She reminded this board that the Warren County Planning Commission voted against this zone change plan, 11 to 2. She said they are not totally opposed to the project, just the general business portion. They don’t want any general business development along Wilkens Boulevard. In 19.09 B1, the code states that development should be harmonious. She said a cinema would be a problem. She gave an example of the Rave Cinema in West Chester and the traffic problems it generates. She asked the board to deny this case. She asked the board to adhere to percentages set by the PUD pertaining to types of development. Don de Reynier asked her is she would view the cinema as a plus. She said there are 2 other cinemas close by that she would go to.
Robb Olsen, 8704 Charleston Woods Drive, said he was with the “Smart Growth” group, also. He likes the town square concept. He gave the Rave Cinema as an example. He said he circled for 40 minutes looking for a parking spot in order to pick up his son. He said he is opposed to G-B by Wilkens Boulevard. He said the residents to the west are not big fans for the realignment of Irwin-Simpson Road. He said they are concerned about G-B.
Tonya Hines, 9041 Fields Drive, said she had a question for the applicant on the approved 2002 traffic levels. She said the Rave is an example of what we do not want to happen here. She said those traffic figures were done previous to the addition of the proposed Walmart. She the study was previous to the Krogers at Arbor Square, also. Mr. Malone said our traffic numbers did not include other properties that we had no knowledge of in 2002. Ms. Hines said they are not proposing the plan they had for this property in 2002. The plan has changed since the traffic study. Doug Miller asked about Rave and is it really that bad. Ms. Hines explained the stacking and all the problems that they have there.
Diana Halligan, 4071 Brookside Court, explained the land use affect on storm water and that retail creates more pollution than residential, from roof tops and pavement. She said the Simpson Creek habitat has been negatively affected by this pollution. She said silt from construction sites were causing problems. Ms. Halligan said she wants developers to help the creek to improve. She believes her property values are going down because of water quality problems. She said she would like to see a cultural center with live entertainment. She said the waterways have become a trash collector along Mason-Montgomery Road. Don de Reynier reminded her about Condition #10 and whether she proposes more than that.
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.
Mr. de Reynier asked her if she is proposing more than that or if that is sufficient. She said Warren County is proposing improvements to their guidelines which won’t go into affect until 2008. Ms. Halligan said that on the Aglamesis property they did comply to the more stringent regulations. She said that Greg Malone should step up to the plate and come up with a quality development. Ms. Halligan showed photos of Simpson Creek, wildlife, trash in the creek, and explained them.
Jeff Raser, Architect, 304 E. 8th St., Cinti., OH, said the land in question is not General Business. It is 2/3 residential. He said if something under Light Manufacturing was constructed, as it is zoned there, it would not be as good for the environment. Mr. Raser said people are tired of driving everywhere. It should not be unthinkable that people would walk to a cinema. He said this is a smart growth idea. He said he has a development in West Chester near Union Centre and people are willing to buy houses in “mixed use” neighborhoods.
Greg Malone, Casto Realty, said he had one response to Ms. Halligan. He said that he respects her passion for stormwater. In 2002 in the first phase he said that they enlarged the stormwater retention area. He said in this proposal they plan to double the amount of required green space. Mr. Malone said he could address her concerns. John Richardson asked what is the square footage of the retail in the center section. Mr. Malone said 40,000 square feet for commercial and 40,000 square feet for office. The cinema is 80,000 square feet. John Richardson closed the public testimony portion of the meeting.
Doug Miller said he had questions which need to be resolved for himself concerning the PUD. He said it may be necessary to get the consent of the other owner of property in the PUD. John Richardson said the Irwin-Simpson realignment is going to drastically affect the traffic. He also asked if they should consider the additional development since the 2002 traffic study and the affect on the traffic. Bob Giesse said the pedestrian traffic crossing Deerfield Boulevard is a dangerous situation now. Doug Miller said the realignment might be slowed due to the cost. Tim said he would try to get Neil Tunison to attend the next meeting and discuss some of these issues. Wilkens Boulevard and the realignment of Irwin-Simpson Road are both issues to discuss. Don de Reynier was concerned about the density of over 10 units per acre in the residential zone. Doug Miller wanted Faye Smith to know that everything west of Wilkens Boulevard is not all residential on that side.
Motion There was a motion by John Richardson to continue the public hearing for Case 2004-921 until
February 14th 2005, which is the regularly scheduled meeting. There was a 2nd by Matt Evans.
CASE 2005-010 Site Plan Review, Addition 5th 3rd Bank, 5208 Fields-Ertel Road
Staff Report Tim Hershner explained the surrounding zoning and what businesses are around this facility.
He said they proposed to add on more office area. The proposed addition would be 1638 square feet. Tim explained parking, landscaping, sidewalks, lighting, and signage at the site. Tim said the parking is currently at 46 spaces but that will change to 42. He explained the landscaping requirements and changes to the parking area and drive through. Don de Reynier asked Tim if the suggested sidewalk is put in, is there room for the landscaping. Tim gave details of how that would work. He also said the signs are not in compliance with the township zoning but as they decide to reface or replace the signs, at that time they must come into compliance with the township zoning code, or go to the BZA for a variance. The 6 shoebox lights they now have are in compliance with the lighting requirements. Tim said in the event of approval the staff made 5 suggestions as follows:
1) Site plan shall be revised to show removal of two parking spaces in the northeast corner to accommodate the landscape island and facilitate drive through stacking. Two additional parking spaces should be removed in the southwest corner to accommodate landscape island and facilitate traffic flow entering from O’Charley’s Restaurant.
2) Landscape plan shall be revised to provide for 15 additional trees located 35’ on center between rows of parking spaces and right-of-ways of Escort Drive and Fields-Ertel Road. 5 of these trees shall be large shade trees types of species. 223 shrubs shall be located in line with said trees as a hedgerow screen between the parking spaces and the public roadways. All landscaping locations shall be flexible in order to accommodate Condition #3.
3) Site plan shall be revised to include a 6 feet wide concrete sidewalk along Escort Drive and Fields-Ertel Road, along with a handicap curbing at the northeast and southeast corners of the property.
4)
East wall mounted signage shall be
removed, including banner, and not installed on new east wall. One
wall mounted sign, not exceeding 89 square feet in area, may be approved for a
zoning permit. One of the two freestanding monument signs shall be akjusted in
the future upon failure of any part of the existing sign face in compliance with
the maximum sign standards of the Zoning Resolution. All other signs shall be
removed in the future upon failure of existing sign faces and prior to
installation of any new sign faces.
5) All other agency regulation shall be adhered to prior to commencement of construction.
Proponent Jeff Plunk, Architect, said since the 5th 3rd Bank inside the Krogers at Fields-Ertel Road closed, this branch has needed more space. That is the reason for the addition. He said on the drive through, if there are more than 3 cars lined up, people will come inside.
Charlie Courier, 38 Times Square Plaza, 5th 3rd Bank, said he was concerned about the parking. He said 12 employees park cars. He said they have increased business due to the closing of the Krogers. He said the trees may cause a problem along the perimeter when they spread out near the sidewalk. John Richardson closed the open portion of the meeting.
Don de Reynier asked if sidewalks take precedence over trees. John Richardson suggested they must put the number of suggested trees but make sure they do not damage the sidewalk. There was discussion on the landscaping and possible damage to the sidewalk. Tim suggested a sentence be added to the 2nd Condition and removing everything but the first sentence in Condition #4.
Motion There was a motion by Don de Reynier to approve Case 2005-010 with the 5 conditions with a
sentence added to Condition #2 and striking all but the first sentence in Condition #4. There was
a 2nd by John Richardson.
Zoning Code Update
Motion There was a motion by John Richardson to continue the Zoning Code Update to the next
regularly scheduled meeting on February 14, 2005. Roll Call Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Matt
Evans-Yes The motion was approved.
ADJOURNMENT Motion by Matt Evans to adjourn. 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.