Trustee
Meeting Room
3292 Montgomery Road - Landen Station
MINUTES
CALL TO ORDER: John Richardson, Chairman
present. Robert Giesse was absent with notice. Also present was township
legal advisor Andrew Gleason. Alternate Leo Massaro entered the meeting
at 7:05 PM.
Minutes: Minutes DT Zoning Commission March 14, 2005Motion _by Don de Reynier to approve the minutes of March 14, 2005, as printed.
There was a second _by Scott Evans. Roll Call - Matt Evans-Yes, Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes The motion was approved. Mayank Kumar said that on Page 4, Bill Davon’s name was misspelled and should be changed to Davin. The change was noted.
CASE 2005-144 Requested Zone Change from R-SF to O, 5341 Columbia Road
Staff Report Mayank Kumar described the location of the subject property and the zoning of surrounding properties. The subject property has General Business zoned properties all around it. He said WCRPC has recommended approval for the rezoning. He said this proposed planned use was not Office in the 1997 Land Use Plan but the staff believes the Office zoning there would be a good transition between the Residential Single Family to the north and the General Business to the west. The staff recommended approval. John Richardson asked when the Bethesda property was rezoned General Business. Mr. Kumar said under the county in 1997 the zoning for the Bethesda property was Office PUD but when we re-did our map in 2005 we recommended that the zoning be General Business PUD. Matt Evans asked Mr. Kumar if they considered having it be Neighborhood Business zoning. Matt Evans said there is a 50 feet setback requirement for N-B and Office is a 35 feet setback.
Proponent Chris Merklinger, 9393 Fields Ertel Road, said he and his wife are the owners and he has an insurance agency on Fields-Ertel Road. He plans to move it to this location. He said he plans to improve the structure but not change it. They will upgrade the building and put in some parking spaces. John Richardson asked the board for questions. They had no questions. There were no others who wanted to speak on this case so Mr. Richardson closed this portion of the meeting and asked for board discussion.
Don de Reynier said this appears to be a good transition between the R-SF and G-B zoned areas. Scott Evans agreed.
Motion There was a motion by Scott Evans to approve Case #2005-144. There was a 2nd by Don de Reynier. Roll Call Matt Evans-Yes, Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes Leo Massaro-Yes The motion was approved.
Attorney Andrew Gleason swore in those who would be giving testimony in the next case.
CASE 2005-072 Stage 2, Lexus Service & Toyota Parking Facilities, Waterstone Blvd.
Staff Report Mayank Kumar pointed out on the map the location of the subject property. He described the zoning of the surrounding properties. The northern half 3.841 acres would be for the Lexus auto service building (20,785 sq. ft.) with 298 perpendicular parking spaces and the southern half 3,578 acres
would be just for parking (339 spaces) for Toyota. They propose a new access drive through the preservation easement area which he said could not be approved at this meeting but would require a separate application to amend the approved site plan allowing the new access drive through the preservation easement. Mr. Kumar gave the comments from the different agencies regarding this proposal. He showed a map and explained the amount of open space. Mr. Kumar said the staff recommended approval with 18 conditions. The conditions 1-13 are the typical conditions. #14 is regarding open space. #15 is regarding the plants and trees. #16 is regarding that additional signage is not allowed. #17 is regarding lighting. #18 is that creation of lots is to be in compliance with the Warren County Subdivision Regulations.
In the event of approval, staff recommends the following conditions:
1. Adherence with all prior Warren County and Deerfield Township Resolutions including Resolution 96-1509, as determined by the Deerfield Township Trustees.
2. Approval of site access, including common access as shown, and interior circulation, prior to Stage 3 Final Detailed Plan Approval, by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department. No automobile display along the access drive shall be allowed at any time.
3. 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.
4. The proposed off-site “new access drive” located south of subject property is not approved as a part of this application.
5. Approval of stormwater management and compliance with the Rules and Regulation for the Design of Storm Sewer and Stormwater Management Systems, as determined by the Warren County Engineer prior to Stage 3 Final Detailed Plan Approval. Due to the large percentage of the site with impervious surfaces, post construction stormwater quality must be addressed.
6. Compliance with Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
7. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil and Water Conservation District. Bio-retention areas, wetland pre-treatment and/or extended detention shall be required for permanent on-going stormwater and shall be reviewed in Stage 3, Final Detailed Plan Approval.
8. The developer shall expand and/or upgrade the water system, water treatment and storage facilities, sanitary sewers and wastewater treatment facilities necessary to serve the development, as determined by the Warren County Sanitary Engineer.
9. Prior to Stage 3, Final Detailed Plan Approval, applicant shall secure and submit a letter of approval from Deerfield Township Fire Department.
10. Prior to Stage 3 Final Detailed Plan approval, the applicant shall submit a detailed building elevation drawing with color and material specification.
11. Prior to Stage 3 Final Detailed Plan approval, the applicant shall submit a detailed Landscaping Plan in compliance with Chapter 21, Bufferyard and Landscaping, of Deerfield Township Zoning Resolution. All service structures including loading dock and dumpster shall be completely screened from public right of way of Interstate-71.
12. Compliance with Chapter 20, Parking and Loading, of Deerfield Township Zoning Resolution. The parking space size must be 9 ft x 18 feet. The setback requirements of all loading spaces shall comply with Section 20.08 of Deerfield Township Zoning Resolution.
13. All roof-top mechanicals and light wells shall be screened from public view by parapet walls, as viewed from right-of-way of Interstate-71.
14. A minimum 1.48 acres shall be required as open space for the overall site.
15. An inventory of mature vegetation
shall be performed at developer expense. The above stated 1.48 acres
of open space shall be configured in order to preserve maximum number of
existing mature trees
and buffering of existing office and hotel / motel properties pertaining to the northern property line
and eastern property line. Stage 3, Final Site Plan shall
indicate all individual specimens over 10 inches caliper to be saved in the
1.48 acres and within 20 feet of all property lines
and
said site plan will be returned to the
Deerfield Township Zoning Commission for final approval of the buffers only.
shall be reviewed
by the Community Development Director prior to Stage 3 Final Detailed Plan
Approval. The final site plan shall indicate all individual
specimens to be saved including the caliper size.
16. No signage shall be allowed apart from the existing highway pylon sign.
17. Prior to Stage 3 Final Detailed Plan approval, the applicant shall submit a detailed Lighting Plan. The maximum height of light post fixtures shall be twenty-four (24) feet with no lenses protruding below the housing. Any building mounted lighting fixture directed away from Interstate-71.
18. Creation of lots as shown shall be contingent upon submission of a subdivision plat to the Warren County Regional Planning Commission, in compliance with the Warren County Subdivision Regulations.
John Richardson asked about the 20% requirement and if we have required this of the others in this development. Mr. Kumar said yes some have 30% but a minimum of 20%. Were Lots 6, 10, and 12 required for stormwater management and bufferyards. John asked if there is 20% for each lot. Mr. Kumar said he is not sure if all individual lots were required to do that since it was under Warren County. John Richardson asked for the applicant to come forward.
Proponent Bob Reichert, 9500 Automall Road, Cinti., OH 45249, said they have never had a 20% requirement for green space. He said this proposal is for storage for Toyota. He described the plan for a new access drive in the preservation easement. He explained how he and Tim Hershner counted trees and later Tim allowed them to remove some of the old trees. He says old trees die and fall on the cars and create a lot of problems for cars. He said deciduous old trees are a problem.
Don de Reynier said when the Warren County Commissions wrote the resolution Mr. Ed Rogerson was to be the spokesperson for the whole PUD. John Richardson said Mr. Rogerson is no longer with them and does this apply to individual lots. Mr. Kumar said the staff has questioned Doug Miller about the legalities of this spokesperson. Don de Reynier said when it is up to each property owner, it loses the intent of the PUD designation. Mr. Kumar said he wanted some language on this but he hasn’t gotten it. Mr. de Reynier said where is the sketch plan? Mr. Kumar said the original sketch plan is in the office. Mr. de Reynier asked if it would give us any guidance on what was intended here, originally. Mr. Kumar said it doesn’t indicate any details on land use or open space. Mr. Reichert said this lot is concealed from the public. It is tucked away behind the Dodge dealership. Mr. de Reynier asked if the hotel / motel would have a view of this. Mr. Reichert said in the winter when the leaves are gone, they may see the cars. John Richardson said in the PUD as it exists, auto sales are permitted. There was discussion on the history of the development of the automall. Scott Evans asked if there would be any sales back there. He was told it is strictly for overflow of cars from the automall. Don de Reynier asked about the typical day. Mr. Reichert said twice a day 50 cars would go in and 50 cars would go out of the Lexus garage. For Toyota, the trucks would come through the Dodge lot and put the cars there. Don de Reynier asked if there would be deliveries at night. Mr. Reichert said some could come at night. Mr. Reichert said if they could put the new road on the corner of the preservation easement and that way the cars would be away from the hotel and the offices in Waterstone. Scott Evans asked if the Mazda and the Dodge dealers are under Mr. Reichert’s jurisdiction. He was told they are.
Tom Vanden Bosch, McGill, Smith, Punsheon, 3700 Park 42 Drive, Sharonville, said he wanted to touch base on the 20% issue. He was involved with the Family Christian Store and Costco. He said he had sensitivity to the tree issue. He suggested the parking lot could be changed by removing the landscaping islands, keeping the same number of parking spaces, and shifting the lot down, leaving 9 feet more woods undisturbed. Don de Reynier said the office building looked well landscaped. Spring Hill Suites, and Compass School are well landscaped. Mr. VandenBosch said he didn’t believe those businesses have 20% landscaping. He pointed out a deed restriction requiring 15 feet of landscaping along several areas. Matt Evans asked why on the parking configuration, Lexus used stacked parking and on Toyota they didn’t.
Terry Brennan, 420 Remorse Drive, Springdale, said this was done because Lexus also needs more car storage. Mr. Brennan said with the 15 feet restriction, they could remove the landscape islands. Mr. Brennan said the lighting requirements are standard. Mayank’s request was reasonable. They need security lighting. They need a secure area to store vehicles. There will be no outside paging. The Lexus building is air conditioned and will be closed. There will be no signage and the fire access will work. Mr. Brennan said the 9 feet parking space makes sense because there are no customers at this location. Mr. de Reynier asked if they had an access through the easement, would they give up the access to Waterstone. Mr. de Reynier was concerned about what happens on Waterstone Blvd. Mr. Brennan said the fire marshal looked at the accesses. Mr. Brennan said Lexus is a quality operation. Mr. Brennan said if there are storm water issues he would get people with expertise involved to solve that. Matt Evans asked why the street will be 60 feet wide. Mr. Brennan said it was designed that way. Matt Evans asked if there is an easement for the underground utilities. Mr. Brennan said yes. Leo Massaro asked if the area will be fenced for security purposes. Mr. Brennan said a fence would be a good idea. Mr. Kumar said fences are not prohibited in the PUD. Don de Reynier said there is a fence along Waterstone to buffer the residential. There is an ODOT fence along I-71.
David Reeve, General Manager of Performance Lexis, and township resident, said he was here when the automall first began in the 1980’s. They have outgrown the facilities which a good problem for a business to have. Mr. Reeve said they have been looking for other properties but it is difficult to find real estate. Mr. Reeve said he is not wanting any signage. He is just trying to take care of their customers and the customers help Deerfield Township. John Richardson asked for any more proponents or opponents who wanted to speak to come forward.
Diana Halligen, 4071 Brookside Court, said her primary concern is storm water drainage and water qualitiy issues. John Richardson said the primary area for the storm water in this case is Lot 6. Ms. Halligin had difficulty getting her power point presentation to work so the board took a 15 minute break.
John Richardson made a motion to take a break. The motion was approved.
John Richardson made a motion to come back into session. There was a second by Scott Evans. The motion was approved.
Diana Halligen, 4071 Brookside Court, was still unable to get the computer presentation to work. She distributed some copies of the photos. She said that cars were parked in the grass last weekend. She said the grass is filtration for the run-off. Mr. Richardson said that is not the lot we are looking at this evening. That is a vacant lot. She said she was concerned about the debris near the retention pond. She said there is a sofa there also. John Richardson said the debris is not from the dealerships but someone drove by and dumped those items. She said there is lattice type pavers which the grass can grow through yet they provide a surface on which to park the cars. Ms. Halligen said bio-retention could be done there to collect the sediment. She was concerned about downed lighting fixtures which are next to the dumpster which is next to the area in question tonight. She said the back part of Spring Hill Suites is near the maintenance building and she was concerned about noise there bothering the hotel patrons. She said she wanted water quality measure put in place said she said filtration strips could be put in to help with the water quality. Ms. Halligen talked about the drip line under trees and she was concerned about compaction under the trees from parking cars there. She pointed out on the site plan, areas where cars have been parked. She said EPA standards and Warren County Water and Soil Conservation standards should be followed. She said she liked the idea of reducing the size of the parking spaces. There was discussion on the EPA and WCWSCD standards and the power of this board to force compliance to these standards. John Richardson said he believed the developers would have an idea of what is expected of their developments when it comes to compliance with storm water management standards of the EPA and the county. Ms. Halligen said she wants this development to be the best it can be. Mr. Kumar said if the developer can’t comply with the standards set by the county they will not get approval on their development. John Richardson closed the public comment portion of the meeting and asked the board for comments.
Board Comments John Richardson suggested that the 15 feet is not adequate to allow any mature tree to survive. He suggested this board require the 20% but the space used for the landscaping islands should be moved to the perimeter buffer. John said that space could be put where buffering most would benefit the adjoining properties. That space abuts the Spring Hill Suites on the north property line and it abuts the office building on the east side. There is no reason for additional buffering on the south edge because that is vacant property. Don de Reynier said allowing the smaller parking spaces will add some more space. John Richardson asked if there is 24 hour service at the Lexus maintenance building. The proponent said the Lexus building will be air conditioned, no doors open, and only open during the daytime hours. Matt Evans said they could tandem park if they need that for the space. Don de Reynier suggested narrowing the entry driveway which would preclude stopping and unloading. Mr. de Reynier said, that way there would not be any banging next to the Spring Hill Suites. There was discussion on whether the subject property is one or two parcels. Matt Evans said that the 20% should apply to each parcel. Mr. Kumar said the parcel is not subdivided. It is still one. Mr. de Reynier said that more than half of the 20% should be near the Lexus maintenance building. Matt Evans said they may have to replace some trees because the trees wouldn’t survive near the parking lot.
Mr. Riechert asked for some relief on the requirement of doing an inventory of all the vegetation. He said that would be a tremendous expense since there are wooded areas and so many trees. Mr. Kumar said it doesn’t say for the entire site. Leo Massaro said what if 2 years after this is done the trees die. Lois McKnight said we need to define what mature trees are by caliper size. John Richardson asked Lois for her suggestion. Mr. Kumar said they should say 10 or 12 inches in diameter. Mr. Kumar said this would go to the trustees for a Stage 2 next month. John Richardson said we should require the 1.48 acres and we should eliminate the landscaping islands in the parking lot.
Don de Reynier asked if a condition could be that we look at a revised site plan in Stage 2? Mr. Kumar said that prior to the review by the Deerfield Township Trustees there could be a site plan approval by this Zoning Commission. Mr. de Reynier said it is hard to figure out how this 4 acres would be spread around in the final plan.
Motion There was a motion by John Richardson to approve Case 2005-072 with the 18 Conditions from the Staff with changes being made to Condition #12, 14, and 15. There was a 2nd by Scott Evans.
must be 9 ft x 18 feet. The setback requirements of all loading spaces shall comply with Section 20.08 of Deerfield Township Zoning Resolution.
14. A minimum of 1.48 acres shall be required as open space for the overall site.
15
An inventory of mature vegetation shall be performed at
developer expense. The above stated 1.48 acres of open space shall be
configured in order to preserve maximum number of existing mature trees
and buffering of existing
office and hotel / motel properties pertaining to the northern property
line and eastern property line. Stage 3, Final Site Plan shall
indicate all individual specimens over 10 inches caliper to be saved in the
1.48 acres and within 20 feet of all property lines
and said
site plan will be returned to the Deerfield Township Zoning Commission for
approval of the buffers only. shall be
reviewed by the Community
Development Director prior to Stage 3 Final Detailed Plan Approval. The final
site plan shall indicate all individual specimens to be saved including the
caliper size.
Roll Call J. Richardson-Yes, Leo Massaro-Yes, Matt Evans-Yes, Don de Reynier- Yes, S. Evans-Yes The motion was approved.
CASE 2005-029 Deerfield Commons, Miller PUD
Motion by Matt Evans that Case 2005-029 would be tabled until May 9th, 2005, Zoning Commission Meeting. There was a 2nd by Scott Evans. Roll Call Matt Evans-Yes, Don de Reynier-Yes, S. Evan-Yes, Leo Massaro-Yes The motion was approved.
Motion by John Richardson that the Zoning Code Update would be tabled until May 23rd, 2005, Zoning Commission Meeting, There was a 2nd by Scott Evans.Roll Call Don de Reynier-Yes, S. Evans-Yes, J. Richardson-Yes, Leo Massaro- Yes, Matt Evans-Yes The motion was approved.
NEW BUSINESS Lois McKnight reminded the board that there will be a quarterly meeting of the Warren County Regional Planning Commission, Tuesday, April 12, 2005, at 7:00 PM.
9:30 PM ADJOURNMENT
Motion by Scott Evans to adjourn. There was a 2nd by Matt Evans.
Roll Call S. Evans-Yes, J. Richardson-Yes, Leo Massaro-yes, Matt Evans-Yes, Don de Reynier-Yes The motion was approved.