DRAFT
MINUTES
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Matt Evans, and Alternate Leo Massaro were
present. Don de Reynier was absent with notice. Also present was township legal advisor, Andrew
Gleason.
Minutes Minutes DT Zoning Commission Meeting of 05/09/05
Administering the oath to those giving testimony on Case 2005-231 by Andrew Gleason.
CASE 2005-231 Site Plan Review, I-HOP, @ Shoppes of Deerfield South
Staff Report Maynak Kumar described the location of the proposed I-HOP Restaurant which will be located along the west side of Mason-Montgomery Road, north of the new Irwin-Simpson Road. The proposed restaurant will be a 4,994 square feet, single story building. According to the requirements of the PUD, the minimum size requirement was 5,000 square feet. Mr. Kumar described the building. He gave the agency reports. On the plan he noticed a conflict with the sidewalk ramp and the catch basin. He said the staff did not recommend approval or denial but left it up to the board. Mr. Kumar distributed building materials for the board to view. In the event the board recommended approval there were 7 conditions as follows:
1. Adherence with all prior approved regulations applicable to the subject property except as indicated in the conditions.
2. The proposed building size of 4,994 square feet is acceptable.
3. Proposed building elevations shall be modified to incorporate following in compliance with the approved Design Standards:
a. The cultured stone shall be modified to some other material complimentary to the materials and color of the Wal-Mart Super Center building.
b. All EIFS colors including blue bands shall be modified to some other color complimentary to the color of the Wal-Mart Super Center building.
c. The roof color shall be modified to some other color compatible to the color of the Wal-Mart Super Center building as determined by the Zoning Commission.
d. Color of window awnings shall be consistent with the color of Wal-Mart Super Center building as determined by the Zoning Commission.
e. Window and door frames shall be of color complimentary to the exterior building material.
4. Applicant shall submit a Lighting Plan showing the illumination levels consistent with the approved Lighting Plan for Shoppes of Deerfield South. Cut-sheets for all proposed lighting fixtures shall be submitted prior to issuance of zoning permit.
5. The site plan shall be modified to avoid any overlap / conflict between the Catch Basin, noted as CB#29 on the site plan, and the sidewalk on the southwest corner of the building pad.
6. The site plan shall be revised to incorporate a masonry screen wall along the east side of service areas consistent with the approved Shoppes of Deerfield South Outlot plans.
7. The site plan shall include specifications of all proposed planting including the size and species.
Board Questions There was discussion on whether they should try to match Walmart colors or co-ordinate the colors. The last time they chose a color, the trustees changed it when they heard the case. John Richardson asked if the trustees are looking for all green roofs. Mr. Kumar said he did not know.
Proponent Joe Hess, Chipman & Adams, representing I-HOP,said his firm has been working for I-HOP for 4 ½ years. He showed photos of the newest one in the Cincinnati area and the proposed one. He said the façade on 4 sides is 80% brick which matches the brick that Walmart is using. He said they want the blue roof to be approved. The building has an A frame look. Mr. Hess listed ways they match and compliment the Walmart store. He said the mechanicals are all shielded on the top of the building. Mr. Hess said that in this design, I-HOP keeps their identity but compliments the theme. The design is maintained on all 4 sides. Matt Evans asked if there are any of the restaurants which do not have blue roofs. Mr. Hess said the Milford one does not have a blue roof but he said they don’t like that look. John Richardson asked for public comments. There was none. He asked for board discussion.
a.
The cultured stone shall be modified to some other material complimentary
to the materials and color of the Wal-Mart Super Center building.
b.
All EIFS colors including blue bands shall be modified to some other color
complimentary to the color of the Wal-Mart Super Center building.
(NEW A) Blue bands shall be eliminated from stone feature. No alternate materials shall be used in its place.
c.
The roof color shall be modified to some other color compatible to the
color of the Wal-Mart Super Center building as determined by the Zoning
Commission.
d.
Color of window awnings shall be consistent with the color of Wal-Mart
Super Center building as determined by the Zoning Commission.
(NEW B)Color of window awnings shall be similar in color to blue roof color.
e. (NEW C) Window and door frames shall be of color complimentary to the exterior building material.
f. (NEW D) All green features on the building will be changed to match the colors that abut it.
Administering the oath to those giving testimony on Case 2005-322, by Andrew Gleason.
CASE 2005-322 Site Plan Review for Fox & Hound Restaurant @ Shoppes of Deerfield South
Staff Report Mayank Kumar described the location of the proposed Fox & Hound Restaurant which will be located along the west side of Mason-Montgomery Road, north of new Irwin-Simpson Road and south of Bowen Drive. The restaurant will be 7,886 square feet and single story with a 514 square feet patio seating 32, for a total of 8,400 square feet. Mr. Kumar described the brick and EIFS building with simulated stone, black awnings, and a metal roof over the patio. He gave the agency reports and said the board may approve or deny.
In the event of approval, the staff recommended the following 5 conditions.
1. Adherence with all prior approved regulations applicable to the subject property except as indicated in the conditions.
2.
Replace the proposed ‘simulated’ stone to a material complimentary to
the materials, color of the Wal-Mart Super Center building as recommended by the
Zoning Commission.
The simulated stone shall be placed between column lines B and C at the front and rear entry elements and at the patio knee walls. IFS planes on the east and west elements must be a discernable difference in plane.
3. The east elevation facing Mason-Montgomery road shall be revised to include two-(2) additional false EIFS windows, one on each brick wall. The decorative lighting fixtures shall be relocated accordingly.
4. The proposed wall mounted signage as shown on drawings dated 06/03/05 shall be acceptable.
5. A photometric plan showing illumination levels around the building shall be submitted prior to Stage 3, Final Detailed Plan Approval, by Deerfield Township Trustees including cut sheets for all proposed lighting fixtures. The number and/or wattage of all lighting fixtures shall be reduced if required based on photometric plan. The wattage of lighting fixtures are suggested not to exceed 100 watts with lighting intensity not exceed 12 footcandles at any location.
Proponent Glen Waldo, Total Entertainment, St. Louis, said there are 80 Fox & Hound Restaurants around the country. They are sports viewing restaurants with TV viewing and good food. He showed samples of the stone and brick to be used on the building and explained how he believed it would be compatible with the Walmart color scheme. Mr. Waldo said the majority of the building would be brick with stone and said they would be willing to change the bronze colored roof to green. Matt Evans commented on the building. John Richardson asked for public comments. There was none.
Administering the oath to those giving testimony on Case 2005-229 by Andrew Gleason.
CASE 2005-229 Site Plan Review for Red Robin Restaurant @ Shoppes of Deerfield South
Roll Call Matt Evans-Yes, Leo Massaro-Yes, Scott Evans-Yes, John Richardson-Yes, Robert
Giesse-Yes The motion was approved.
CASE Review of open space layout for Lexus Service & Toyota Parking Facilities
In the event of approval, staff recommended the following:
Roll Call Leo Massaro-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Matt
Evans-Yes The motion was approved.
Administering the oath to those giving testimony on Case 2005-264, by Andrew Gleason.
CASE 2005-264 Stage 2 Site Plan Review for Deerfield Towne Center Phase II–Village Square
Staff Report Mayank Kumar said that this afternoon he and Lois McKnight met with the developer. He suggested for the board to table this case tonight until the meeting next month. He said there are two concerns about this proposed Village Square, the buffer yard along Wilkens Boulevard for Parcel C, the cinema site, and the second issue was the neon lighting along the east elevation of the building.
In the originally approved plan he described Parcel A, the 15.4 acres, residential multifamily, 150 condo units, Parcel B, the 4.7 acres, neighborhood business, 80,000 square feet retail building, and Parcel C, 10.5 acres, movie theater, 75,000 square feet cinema. This is a Stage 2 Site Plan and in Parcel A there were 135 units. In Parcel B included 3 buildings showing 75,000 square feet but would not exceed 80,000 square feet, with green space. In Parcel C they proposed a 66,000 square feet 16 screen movie theater building. There were 752 parking spaces shown.
The Regal Cinema was shown with a brick veneer and brick veneer columns with painted IFS, and Neon lighting 35 feet to 50 feet high long the top edge of the building. This type of lighting has never been used in the township. Mr. Kumar again stated that the two concerns from the staff were the bufferyard along Wilkens and the Neon lighting. He said the board recommended removal of the Neon lighting at Bob Evans Restaurant. Mr. Kumar said that more plants and buffer is needed. The Walmart had this same type of zoning and the township required them to have a 6 feet high wall. Mr. Kumar asked for board questions. There were none.
Proponent Greg Malone, Casto, said he did meet with the staff today and he reviewed the 40 conditions which were put on this site. Mr. Malone said some conditions are in conflict with the Stage 1. Mr. Malone wanted to discuss and go over all 40 conditions but Mr. Kumar said he was not prepared to do this. Mr. Kumar wanted to discuss the 2 concerns which the staff had. John Richardson said this board relies on the recommendations from the Staff.
C. Francis Barrett, Attorney from Barrett & Webber, 500 4th Walnut Center, Cinti.,45202,, said he was representing Casto. He introduced Bob Garlock and Ben Hurst from Bayer Becker Engineers, 6900 Tylersville Road, Mason,OH. He also introduced Shannon Cathey, the landscaping engineer. From Glaser Works, he introduced Arthur Hupp, 304 E. 4th Street, Cinti., OH. Another architecture firm involved was T.K. Architects. From CDS was Mark B. Bruggeman who was responsible for the traffic impact study. From Regal Cinema there was Michael Lawson, District Manager of Regal Entertainment Group, 1640 Delaware St., Indianapolis, IN. Mr. Barrett said this was a Stage 2 Site Plan Review and he said he believed they were in compliance with the previous recommendations. He gave the history and dates of this case. Mr. Barrett commented that the best thing to do would be have Mr. Malone and Mr. Hupp come forward and work through each condition. Mr. Barrett read the sketch plan, “3 parcels shall be considered as one project under one application and any of the requirements under the Planned Unit Development, PUD regulations shall apply to the project as a whole and not to individual parcels separately.” Mr. Barrett described the zoning on the 3 parcels which are intended to be an integrated, interrelated development. Mr. Barrett said he didn’t want this case tabled and asked to proceed. Mr. Richardson asked Andrew Gleason if it would appropriate to hear this case. Mr. Gleason said whatever the board wants they can do. John Richardson said Mr. Kumar has not had time to review the information so the board could not get the input from the staff. Mr. Kumar said he has told the residents who are in attendance here tonight that the board would only be discussing the 2 concerns which he mentioned already, the bufferyard and the Neon lighting on the cinema. Mr. Kumar said this was his understanding that these 2 concerns would be addressed tonight and Lois McKnight had that understanding also. Mr. Gleason asked that they first discuss the 2 concerns and allow the public to comment on that. John Richardson said the open portion of this meeting could be continued to the next meeting if we are unable to cover everything. Matt Evans asked if the board is going to go through all the conditions tonight. Lois McKnight said it would be beneficial to address these 2 items since the staff is looking for specific direction on these.
Proponent Greg Malone, Casto pointed out on the map the 3 parcels and their use. Mr. Malone said that the residential component has 135 units planned there. He pointed out the Neighborhood Business section has an 80,000 square feet plan. He showed the entertainment component, the cinema. He showed comparisons between the original plan and the current plan, which showed a 25% reduction in the building area, which he said was changed due to conversations and meetings with the residents. He said they worked diligently to come up with a good “drop off / pick up” plan since the residents had concerns about that. Mr. Malone said most of the parking behind the building has been limited since that side is closer to the residential area and he wanted a buffer to the site lines of Wilkens Boulevard. Mr. Malone said landscaping has been added on the western side of the building, also.
Mr. Malone said they cannot compromise the location now since they have a 75 feet setback and 50 feet setback was what was required. He said they are trying to create a pedestrian friendly development and he gave the reasoning behind their plan to allow for that. He said putting the building any further east would not allow for the shared parking and the pedestrian access. He said 900 parking spaces is the minimum that they need. Mr. Malone said with this submittal they are trying to incorporate the suggestions from the residents. He said they are being compared to Walmart and each development is drastically different. Mr. Malone said they are separated from the residential area by Wilkens and Irwin-Simpson and he said he has a letter from the land owner from Long Cove which supports his development. Mr. Malone said he would like to put some landscaping in the utility easement and this is a practice is allowed in many other areas but not Deerfield Township. Mayank Kumar said there can be problems with these utility easements with plants that die and trying to get them replaced so we have a policy to not allow any landscaping there. John Richardson asked if the landscaping is shown on the drawing inside or outside the utility easement. Mr. Kumar said it is shown outside the utility easement. Mr. Malone said they would be willing to have a legal agreement to replace any plants which would die from the utility company doing work in the easement. There was more discussion.
Leo Massaro suggested mounds with trees on top. Mr. Malone said there are some larger areas to put bigger landscaping in. John Richardson said there is a sidewalk there. Matt Evans asked about the height of the building compared to Walmart. Mr. Malone said the front at the peak of the entrance to the building is 49 feet and out on the perimeter it is 35 feet. Mr. Malone said the theater is stadium seating and that is the only type of theaters they are building now. Mr. Kumar said the Walmart is 35 feet high but it sits below Wilkens Boulevard 5 feet. John Richardson asked if this site allows for the building elevation to be lowered similar to the Walmart. Mr. Malone said to change elevation would not work due to the storm water plan and the roads surrounding the development are in a fixed elevation. Matt Evans asked how much it could be lowered. Mr. Malone said not significantly. Mr. Malone said there is one small service area as far away from Long Cove as possible. They don’t have a lot of merchandise being hauled in and this is a favorable amenity that there is a lack of service and the hours that they open. Matt Evans asked about the parking spaces. Mr. Malone said he needs 900 spaces because of the mixed use.
John Richardson asked Mr. Gleason when the zone change was submitted, where would it show that we have the ability to say what the setback is. Mr. Kumar said the building setback minimum requirement is 50 feet. Mr. Gleason said that the approved plan speaks for itself and the setback line was established at 50 feet. John Richardson asked would it hold up in court if we as a board changed it and said it must be 100 feet. Matt Evans said you could have a 50 foot building setback and a 100 foot easement in front of it and still be required to set it back 100 feet. Mr. Richardson said the he understood that our code states based on elevation and length of building what it should be but this is not straight zoning. This is a PUD. Mr. Richardson asked Mr. Gleason is this would hold up in court. Mr. Gleason said he would not speculate as to what will hold up in court. Mr. Gleason said that in terms of what was approved by the trustees in Stage 1, which is laying out the foundation about the use of this property, the setbacks, the fundamental zoning principles which have been applied to this property, the plan that was approved is the plan that was approved. John Richardson said and this is the plan we are looking at. Matt Evans said that Stage 1 approval is a general layout of design and is a sketch plan and for the basic layout of a PUD. Matt Evans said if they submit a Stage 1 plan and they have buildings on it and even if we are not viewing those buildings for approval, and then we approve that Stage 1 Sketch Plan, they can come back and say we approved the plan with the buildings on it. Mayank said the 50 feet setback is a minimum and if they require more than 50, it is not a violation of the Stage 1 approval. John Richardson said if the statement is made that there is a minimum 50 feet setback and they put the building right at 50 feet, they are meeting the minimum. Matt Evans said you could also say there is a 100 feet minimum bufferyard. Lois said the question before the Zoning Commission is what is the proper bufferyard. Lois said the staff wanted to know the board’s direction in how far they can go with the setback and the buffyard.
Leo Massaro asked if the landscaping architect would address the landscaping and what are the options with buffer. Shannon Cassidy, Landscape Architect, 6900 Tylersville Road, Mason, said there is the width of mound at the bottom which must be considered and it takes a lot of space to get the height. Mr. Malone said if they could include the utility easement it would help. Bob Garlock, Bayer Becker Engineers, 6900 Tylersville Road, Mason, OH, gave some suggestions on the driveway. John Richardson asked Andrew Gleason if the board could hear public comments. Mr. Gleason said yes. Mr. Richardson asked Mr. Malone to discuss the second issue. Mr. Malone showed the original plan for the cinema and the way the Regal Cinemas have the Neon lighting. Mr. Malone said they have eliminated much of the Neon on the tall tower and just have one strip along the edge of the roof. There is a long distance to Mason-Montgomery Road and they want the building outline to be seen from there. John Richardson asked if the tubing would be backlit or reflective. They said it would be backlit. John Richardson opened up the meeting for public comment.
Kate Olsen, 8704 Charleston Woods, Mason, OH, said that the Smart Growth group has met with Greg Malone and she said she appreciated that Mr. Malone met with them. Mrs. Olsen showed photos of the site and the surrounding areas. She said when Casto came to Deerfield Township asked for the zone change her group had a lot of concerns. She said we must make it work by putting in a “transition area.” She said in comparing this Regal Cinema with other Regal Cinemas in the State of Ohio, the others are smaller theaters on more land. She said every movie theater in the world has a large sign with all the movies listed. She said she wondered where that pylon would be. Mrs. Olsen said the signage is a big issue for movie theaters. She said she wanted monument style ground mounted signs. Mrs. Olsen said a Metro Bus Stop should be located there. The closest bus stop is over by Biggs. She said the people who live in the condos could use that. John Richardson asked her what she wanted on that property. Mrs. Olsen said she would like Tahoes on that site. She said she would like Regal Cinema to do some educational programs with live feeds. She would like more of the “art” theater type and it would be unique and upscale.
Faye Smith, 5474 Old Farm Drive, said she agreed with everything Mrs. Olsen said. She said the building is too large for the lot. She said there are zoning rules and the zoning board should abide by them. She didn’t like the close proximity of the proposed theater to the residential areas. She said she doesn’t want to see more Neon signage and lighting. Mrs. Smith said she prefers monument type signs like the township required at the Deerfield Towne Center. She said in Regal’s website they have some smaller theaters. Mrs. Smith asked the board to table this case.
Diana Halligin, 4071 Brookside Court, said that no one has brought up the issue of the storm water quality. She said in the Wilkens Boulevard EPA permit, it states that good storm water management practices should be in place during the construction. She said she has concerns about the water quality of the water run off from the road.
Ted Chow, 8678 Hampton Bay Place, Long Cove, said he spent a large portion of his savings to purchase a house in Long Cove. He showed the board his house out on Kate Olsen’s photo. Mr. Chow said many of the homes come close to this development. He said when he sits on his patio he can view the construction site over the berm created by Long Cove due to trees being sparse. He said there is not much buffering and it is a concern from him and his neighbors since his neighbor spent 2 ½ million dollars for his home. He asked about the future of Irwin-Simpson Road and what may happen there and traffic patterns there. He said the buffering from Long Cove is inadequate and he asked for additional buffering. John Richardson said the developers of Long Cove sent letters of strong support when this land was rezoned and plans were made for the development. Mr. Richardson asked Mr. Chow if they explained to him what was going in there. Mr. Chow said no one told him that there was going to be commercial development behind his home until after he had purchased the lot. Mr. Chow said he spoke with Alex Terasanko, Vice President of Long Cove. Mr. Richardson asked if they were telling him that there was residential around him. Mr. Chow said there was a mailing which went out that said there is potential future commercial development behind it, but on their website it is not there. Mr. Chow asked the builder about the farm there and he said he believed the farm would remain. Mr. Richardson said it is not “potential commercial” but it is zoned for the commercial development. John Richardson closed the public portion of the meeting.
Greg Malone, Casto, said he appreciated Kate Olsen’s kind words. He explained why they are asking for this size theater. Mr. Malone said the 66,000 square feet plan is based on the marketing and needs of this area and to allow the theater to be able to compete in this area. Mr. Malone said there will not be a pylon marquee type sign. Mr. Malone said the Warren County Engineer has been very thorough and they have studied and made Casto project figures for the growth of this area. Mr. Malone said Casto has funded the infrastructure of this development in 2002. He said they are in compliance with the study which was done. He said Kate Olsen talked about some educational programs that are available to movie theaters and mentioned Cine-A-Media. Mr. Malone asked the manager from Regal to speak. Michael Lawson, District Manager of Regal Entertainment Group, 1640 Delaware St., Indianapolis, IN, said Regal does the educational out reach, programs with schools. He said they do this in all of their theaters small or large. They have a handful of “art” theaters but in a 16 screen theater there is not the demand for an “art” theater. Mr. Lawson said usually “art” theaters are in old theaters which don’t have as much business. John Richardson asked him about the type of Neon whether it would be backlit. Mr. Lawson did not know but he said this would be a very toned down building for them compared to the others. The plan is for the one line of Neon. They would show Regal on the sign with the other businesses at the Towne Center. Mayank Kumar asked him if there are any other movie theater buildings this size near by. Mr. Lawson said there is one in Knoxville. Mr. Malone said the one in Knoxville is their typical theater with festive lighting.
Mr. Malone told Mr. Chow that the west wall of the theater which is facing Wilkens Boulevard, would have minimum lighting on the back wall, just enough for security. They are putting landscaping there to make it look better also. Mr. Malone said there would not be any lighting “bleeding” off the site to the public right-of-way. Mr. Malone said that more landscaping would be put in if they would be allowed to use the utility easement. Shannon Cassidy, Landscape Architect, 6900 Tylersville Road, Mason, said they would be using 2 ½ inch and 3 ½ inch caliper trees which would be 8 to 10 feet tall and they would grow an average of 8 to 12 inches per year. Mr. Malone said you are not going to get a tree on day one that would be 35 feet tall. Mr. Malone said the elevation can only be lowered very slightly due to elevations of the surrounding road and elevations of the storm water management systems. Matt Evans showed a drawing and suggested a change which would add some buffering on the corners. Mr. Malone said they would look at that. Mr. Malone said they tried to address “pick up” and “drop off” concerns from the residents. John Richardson asked if the utility company allowed plantings in their easement. Mr. Malone said they have done that and they would maintain that area. Matt Evans asked if they would allow you to plant trees which may have roots that would get into the utilities. Bob Garlock, Bayer Becker Engineers, 6900 Tylersville Road, Mason, OH, said that Mason requires shade trees to be planted in the utility easement in that strip of land between the sidewalk and the street. Mr. Garlock said that way the easements are recorded in on the record plat and it states in there that landscaping can be put there but the utility company is not responsible to maintain or replace it.
John Richardson said the board needs to look at this and give direction to the developer on these two issues. Mr. Richardson said if the utility easement could be used, a document should be drafted to allow for that. He said more work needs to be done on the back of the building. He said we need to put more landscaping in the back. He said he liked Matt Evan’s plan for a different way to place the building on the lot. He said he liked that there would be no marquee sign. Matt Evans said since this building is so tall they need as much bufferyard as possible. Matt said he was concerned about the height of the building. Robert Giesse said trees are to break up the massive look of the building not to hide it
John Richardson asked what the fire department required. Mayank said they need a 360 degree access. Scott Evans asked where were the emergency exits. They said they were on the sides and rear. Mayank suggested that the township not allow any landscaping in the utility easement. He said this is not a good thing and the board should not create something which would be an enforcement issue. Robert Giesse said maybe they could keep the large trees out of the utility easement but put other plants in there. John Richardson said can we live with the75 feet if the buffering is right or are we going to say it has to be 75 feet. We need to give them some direction. Matt Evans said he would prefer to see it between 80 and 100 feet, in his opinion. Robert Giesse said they need to be creative with the landscaping. John Richardson asked if it is 80 or 100 as Matt Evans said. Matt said yes. Scott Evans said you can buffer all over the place but you can’t hide the building. Scott Evans said the landscaping belongs in the backyards of the residents who could view the development. Matt Evans asked about the strip of land near where Irwin-Simpson will be realigned and Lois McKnight said that is Residential now. Mayank said that the township has tried to maintain everything west of Wilkens to be Residential. John Richardson said he would have to agree with the township policy on the utility easement because that is what they want. Mr. Richardson said we need a recommendation for the developer. The recommendation should say it needs to be 80 or 100 feet or 75 feet and modify the landscaping, somewhat like Matt is showing. Greg Malone said that he would be willing to add some landscaping on the Long Cove berm. Mr. Malone said he would look at any suggestions but he said he could not compromise the parking. Robert Giesse said Long Cove residents would get a better benefit out of a few trees near their houses. Leo Massaro said near Polo Drive there is some space which could be used. Greg Malone said he didn’t need to buffer himself against himself and that would add more space to the west buffer. Leo Massaro said the neighbors would appreciate that.
Lois McKnight said the staff came to this board looking for direction and now we understand that the board believes the buffer is important but what is there, needs to be supplemented. She said there could be some improvement made by increasing the building setback and how that is accomplished through structural changes to the building or modifications to the northern landscaping along Polo Drive that would allow the building to be shifted, a combination of relocating the drive. Lois said there are some ideas out on the table. She said the staff understands from the board that 5 feet along the sidewalk isn’t going to work. Something else is better. John Richardson said the building is still a tall building but they have certain things they must have inside. Mr. Richardson said that Mr. Malone could talk to the neighbors but much of the land is undeveloped. Mr. Malone said that was just a suggestion. Lois McKnight said at this point the developer and his experts can look at what was said tonight and maybe come up with a scheme or two for the board to consider at the next meeting. John Richardson said he agreed that the buffering on that side could be reduced. Lois said she agreed that she would rather have that space on the Wilkens side than on the other side. Mr. Richardson said it is a service area anyway. Mr. Malone again asked if they could use the 15 feet utility easement. Lois said keep in mind that within that 15 feet utility easement is the 6 feet sidewalk and you would not be gaining the entire 15 feet. Lois said this would be an enforcement issue that you may have to deal with in the future. Mr. Malone said he would be willing to take that responsibility of maintaining that utility easement and he said he would be obligated to take care of that. Mr. Kumar said the issue is when you allow something in that utility easement, the chances are that the landscaping being removed is more likely, than if it is not in the easement. The utility company won’t do anything, no replacement of landscaping because it comes from the plat. Bob Garlock, Bayer Becker Engineers, 6900 Tylersville Road, Mason, OH, said even though there is something planted in the utility easement, the life of the utilities is 50 years but the landscaping would last 12-15 years and then have to be replaced. Mr. Garlock said it is an enforcement issue if it enhances the project and makes it better, it would be worth it. Mr. Richardson said he would like to see it there but that is the staff’s call on that one. Matt Evans said the Regal Theater and the lighting whether it be Neon on individual lights, is reminiscent of the olden days and he said he liked it. Mr. Richardson said the board requested the Neon be reflective.
New Business Lois McKnight said the Zoning Resolution Code Update was scheduled for June 27 but they are not ready to do that yet.
Motion Motion by John Richardson to continue the Zoning Code Update to July 25, 2005. 2nd by Scott Evans.
ADJOURNMENT Motion John Richardson to adjourn. 2nd by Scott Evans
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Leo Massaro-yes,
Scott Evans-Yes The motion was approved.