MINUTES
DRAFT
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: John Richardson, Robert Giesse, Don de Reynier, and Matt Evans were present.
Alternate Leo Massaro and Scott Evans were absent. Also present was Township
Attorney, Bridget Gannon McGraw.
Minutes Minutes DT Zoning Commission Meeting of 08/15/05
John Richardson announced that Case 2005-515 for the Robertson’s rezoning has been withdrawn and will not be heard tonight.
CASE 2005-514 Stage 2, Metro Development, Wilkens Boulevard
Staff Report Mayank Kumar explained the location of the proposed development and the zoning of the surrounding properties. The proposal is on a 23.1 acre site. Mr. Kumar gave the staff reports from WCRPC, WCSWCD, and DTFR. In the event of approval of the development the staff has recommended 22 Conditions as follows:
1. Adherence with all prior approved regulations applicable to the subject property including Resolution 2005-89.
2. Submission of a traffic impact study (TIS), at developer expense, as determined necessary by the Warren County Engineer.
3. Improvement shall comply 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. Proposed intersections shall flare-out to line up with opposing lanes along Merten Drive and Natorp Boulevard.
5. Approval of interior vehicular circulation, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department. An auto turn analysis shall be included in the Stage 3 submittal to justify adequate fire apparatus movement using a 40 foot school bus template.
6. Compliance with all requirements of the Section 401 Water Quality Certification/Ohio Isolated Wetlands Permit, dated July 20, 2005, as determined by the Ohio Environmental Protection Agency (OEPA).
7. Compliance with all requirements of the U.S. Army Corps. of Engineers, as applicable.
8. Approval of stormwater drainage plan by the Warren County Engineer, including proposed underground detention, in 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. Stormwater quality shall be addressed through bio-retention areas, wetland pre-treatment and/or extended detention which shall be reviewed during Stage 3.
9. Compliance with Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction and post construction water quality run off.
10. Compliance with all applicable requirements of the Ohio Environmental Protection Agency and U.S. Army Corps. Of Engineers relating to the proposed placement of sanitary sewer along Polk Run.
11. 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 process.
12. Prior to final plat approval, the developer shall expand and/or upgrade the water system, water treatment and storage facilities, sanitary sewers and wastewater treatment facilities necessary to serve the development, as determined by the Warren County Sanitary Engineer.
13. Prior to Stage 3, Final Detailed Plan Approval, applicant shall provide plans for water mains, hydrants and pumps (as necessary) for review to Deerfield Township Fire Department.
14. Compliance with the Warren County Subdivision Regulations for creation of condominium lots and dedication of necessary utility, drainage, access and conservation easements, etc.
15. Prior to final plat approval, a homeowner’s association shall be created to own and provide perpetual maintenance for all common property and improvements.
16. Compliance with Chapter 22, Signs, of Deerfield Township Zoning Regulation. Details of proposed signage shall be included in Stage 3 submittal.
17. Prior to Stage 3 Final Detailed Plan Approval, the applicant shall submit a detailed building elevation drawing with color and material specification.
18. Trash disposal, including appropriate screening, shall be addressed in the Stage 3 submittal.
19. Compliance with Chapter 20, Parking and Loading Regulations, of Deerfield Township Zoning Resolution.
20.
In addition to the proposed
six (6) feet wide concrete sidewalk along Wilkens Boulevard, a minimum four (4)
feet wide concrete sidewalk shall be installed along one (1) side of the
interior street network. Two (2) pedestrian crossing shall be installed
along Wilkens Boulevard, one (1) each near project entrance, location of which
shall be mutually determined by Warren County Engineer’s Office, Deerfield
Township Public Works, Deerfield Township Fire Department, Deerfield Township
Zoning Commission, and Deerfield Township Trustees. All details related to
sidewalk construction including location of handicap ramp shall be included in
Stage 3 submittal.
21. Project landscaping shall be in compliance with Chapter 21, Bufferyard and Landscaping, of Deerfield Township Zoning Resolution. Landscaping Plan dated 07-07-05 shall be modified to include following:
a. The screening of dwelling units backing Wilkens Boulevard (units 42-46, 47-51, and 52-55) shall be as shown on the plan. The fence wall shall be minimum six (6) feet in height measured from finished floor of abutting units. The building material shall be brick. The design of the fence wall shall be innovative in character to include multiple planes instead of a flat wall which shall be reviewed in Stage 3. Such wall shall be extended to screen units 42-46.
b. The landscaping along north property line shall include minimum six (6) feet high earth mound along with plantings as shown on the plan.
c. The landscaping between the interior drive and Wilkens Boulevard and along parking lot shall include a row of shade trees planted @ thirty (30) feet on-center along with a row of three (3) feet high bushes planted @ three (3) feet on-center. In addition, cluster of evergreen trees shall be planted in the front of units 19 and 20 to provide sufficient screening as suggested by Warren County Engineer’s Office. Additional screening may be required during Stage 3 review as determined necessary by Warren County Engineer’s Office and Deerfield Township Fire Department to adequately screen the head lights of the opposing traffic.
d. All service and utility structures including dumpsters shall be screened in compliance with Deerfield Township Zoning Resolution.
e. The planting schedule shall be revised to increase the size of plantings. The size of proposed shade trees shall be minimum 2½” in caliper at the time of planting. The height of the Burning Bush shall be minimum three (3) feet at the time of planting.
22. Prior to Stage 3, Final Detailed Plan Approval, the applicant shall submit a detailed Lighting Plan. The maximum mounting height of light post fixtures shall not exceed (15) feet above grade. All lighting fixtures shall be full cut off unless otherwise approved. The illumination level along Wilkens Boulevard shall not exceed 0.2 footcandles. Cut sheets for all lighting fixture shall be included in the Stage 3 submittal for review and approval.
Mr. Kumar asked the board for any questions. Matt Evans asked if the fence is proposed to be made out of brick. Mr. Kumar said the building will be brick and they are suggesting that the fence wall also be brick. Mr. Kumar said we are asking that this fence be extended further in front of some of the units which we were concerned may have some lights from the traffic. John Richardson asked for the applicant to come forward.
Administering the oath to those giving testimony by Township Attorney, Bridget Gannon McGraw.
Proponent Bob Beck, Metro Development, 4981 Bridge Lane, Mason, OH, said that during the last year since he has been in front of this board that he has developed a relationship with the Ohio EPA, since he has been working closely with them on this project. Mr. Beck said that he is agreeable to all the conditions except Condition #20 regarding the interior sidewalk. He said they are planning the sidewalk along Wilkens Blvd. Mr. Beck said he would prefer green space near the homes instead of the additional sidewalk due to the space required for the sidewalk. Mr. Beck said there are some developments in the township which do have the sidewalks and some which do not. Mr. Kumar said Maples at 20 Mile Green is a similar empty nester development and this board did not require an interior sidewalk but required a sidewalk along Montgomery. The Falls at Landen Condos on Columbia Road has both the interior sidewalks and a sidewalk along Columbia Road but that project is larger and has around 250 units. Mr. Beck said he lives in a community similar to this and most people use the clubhouse but there is not that much pedestrian traffic and it would not be unsafe to walk. Robert Giesse said he lived at Putter Point with the same situation and the lack of an interior sidewalk was not a problem.
Concerned Citizens Faye Smith, 5474 Old Farm Drive, Mason, OH, explained that her neighborhood backs up
this proposed development. Ms. Smith asked about the drop off behind those homes. Mr. Beck said the drop off is 30 to
40 feet. She said that Long Cove Subdivision, nearby, drained some ponds without notifying the Warren County Soil &
Water Conservation District. She said she doesn’t want more sediment and run-off into Polk Run Creek. John
Richardson said if they have the EPA involved they would have the proper controls in place. Ms. Smith said that Long
Cove had all the proper controls but drained those ponds.
Monica Kohnen, 1900 5th 3rd Center, 511 Walnut Street, Cinti., OH 45202, Attorney for
Erbeck Farms, which is an adjoining property owner. She distributed some information to the board and posted a map
showing the Erbeck property which is next to the Metro proposal. She said her client is not in opposition to the
development but they are asking for a change to the development. The told the board to keep 3 things in mind,
interconnectivity of the roads, life safety, and the opportunity to have a 3rd party make some changes here. The property
of the Erbecks is 72 acres which they have owned for over 35 years and Mrs. Erbeck currently lives there. She said the
family has no plan for the property at this time. She said it is currently zoned Residential Single Family. She said that the
Erbecks and Metro have had some discussion about the development of the property. One of the things they
talked about was an extension or stubbed road which would serve as an outlet so the traffic could be directed to Wilkens.
Tom Erbeck, 9698 Snider Road, Mason, OH, said the Erbeck Family assumed they had
access to Fields-Ertel Road but after meeting with the Warren County Engineer learned that due to the terrain along
Fields-Ertel and the poor site distance there on Fields-Ertel they will not be able to access their 72 acres that way. He
said there are 2 other ways to leave their property going through 2 neighborhoods to Snider Road, Old Farm Road, and
Fawn Run.
Monica Kohnen, 1900 5th 3rd Center, 511 Walnut Street, Cinti., OH 45202,said the Erbecks would be willing to pay for
the access road through Metro’s development to their 72 acres and they would be willing to take some of their land in
order to preserve the area near Polk Creek. She read from Section 19.06 B of the Deerfield Township Zoning Code and
the Ohio Revised Code 519.021. She asked this board to require this access road to be implemented. She asked that
the board review this plan and she reminded them to remember the 3 reasons the board should allow this. She asked
them to remember the interconnectivity of the roads, life safety, and the opportunity to have a 3rd party make some
changes here.
Tom Erbeck, 9698 Snider Road, Mason, OH, said they pursued several ideas to get a
connection from their property so the property would not be land locked. He said he is frustrated about the way this has
gone. Mr. Erbeck said if this would get developed, there would be too many cars coming through the neighborhoods.
Matt Evans asked Mr. Erbeck if there were plans to continue to develop to add on and extend the stubbed off streets.
Mr. Erbeck said there haven’t been any plans that he knew of. Mr. Erbeck said they would be willing to pay for the road
through Mr. Beck’s property. Matt Evans asked about the relationship they had with the applicant and if Metro would be
willing to do that. Mr. Erbeck said that Mr. Beck said they have worked with the EPA and they couldn’t do it. Mr. Erbeck
said he talked to Dave McElroy at Warren County Soil & Water Conservation and Mr. McElroy said they can do anything
there, just don’t disturb the creek. Mr. Erbeck said he called the Ohio EPA and they said they could cross the creek if they
don’t disturb the flow. Matt Evans said when he sees a subdivision like this, he makes sure they are exiting in an
appropriate location. Mr. Erbeck said they should put a stub to the vacant property from this proposed development like
they did in those older subdivisions. Don de Reynier asked how could they get these details regarding what would be
involved in getting a connection from this vacant property to Fields-Ertel. John Richardson said on the plan it looks like 10
units are in the way of the road Mr. Erbeck proposed through the Metro development. Mr. Richardson said on paper it
looks like there is access to Fields-Ertel Road. Mr. Erbeck said there is limited site distance at that point where his
property comes out on Fields-Ertel.
Lori Henn, 9555 Sparrow Place, Montgomery Road said she was concerned that the
possible development of the Erbeck property and that those residents would come out on Snider Road. She said it is
difficult to get out onto Snider from her neighborhood and those additional cars would make it worse.
D.J. Izworkski, 5739 Fawn Run Road, was also concerned about the possible additional
traffic that could occur if the Erbeck property would develop and the cars would come through Deer Run to get to Snider
Road. He said there are over 20 homes and 40 children in his neighborhood.
Diana Halligan, 4071 Brookside Court, referred to a possible proposed road that the Erbeck
family may want to be put in. Matt Evans asked her how she knew about this proposed road which this board only heard
about tonight and which the developer, Metro, is not planning. There was discussion on whether the board should hear
her presentation on something proposed for which this board has no official plans. Ms. Halligan displayed and discussed
photos of Polk Run Creek. She elaborated on detention basins and ways of protecting the creek from pollution during
development. She spoke of a situation from 3 years ago and flooding from Polk Creek in Deerfield Township to Symmes
Township which she said created flooding and a girl died.
Tim Hershner, 1826 Church Street, Kings Mills, said he is coming as a former Community
Development Director and Board member of the Warren County Regional Planning Commission, said he fought very hard
with the developers to try and get “connectivity” in the area. He said when the synagogue was built on Fields-Ertel the
Erbecks may have been able to purchase that property to make a better frontage on Fields-Ertel but they chose not to.
He said the real concern of the east/west road is because of that Polk Run Gorge and that is why it may be better to leave
it untouched and make it a conservation area. He said there are several subdivisions which have the same scenario with
one way in and one way out and this one would have 2 ways of access. The Heritage Green Subdivision has many more
lots and there is only one way in and out. He said OKI has talked about Snider Road becoming a 4 lane road.
Joe Trauth, Attorney for Metro, said they are in agreement with the Staff Report except for
Condition #20. He said the Erbecks have no plan for that property. He suggested the board approve the Stage 2 plan.
John Richardson closed the public portion of the meeting.
John Richardson asked Attorney Bridget McGraw if this board has any power to look at anything beyond the proposed
plan. She said they should look at the submitted plan and make their determination on that. Matt Evans told Diana
Halligan that he has always appreciated her input, and he apologized for an earlier comment. Don de Reynier said the
Board could not consider discussion on “potential” plans but their decision must be confined to the plan they are
reviewing. John Richardson agreed that the Erbecks have a valid issue. Matt Evans said this access should have been
looked at in Stage 1. John Richardson asked Mayank if there were sidewalks internally in Stage 1. Mayank said in Phase
1 they discussed the sidewalk along Wilkens Boulevard and a trail or pathway along Polk Run. That pathway along Polk
Run was shown in the township concept pathway plan but that was removed. Mr. de Reynier said they should delete the
first sentence in Condition #20. Matt Evans asked Bob Beck who would be his primary target market for these units. Mr.
Beck said empty nesters. There was discussion on Condition #20 and eliminating the first sentence.
Motion Motion by Don de Reynier to approve Case 2005-514, the Site Plan Review Stage
2,including the 22 Conditions as written but deleting the first sentence in Condition 20.
2nd by Robert Giesse
The motion was approved.
Administering the oath to those giving testimony by Township Attorney, Bridget Gannon McGraw.
CASE 2005-516 Stage 1, Lifetime Fitness, Arbor Square PUD
Staff Report Mayank Kumar gave the details on request for the zone change from Office Warehouse PUD to General Business PUD. He described the surrounding zoning and the location of the property. He gave the history on the property. The parcel is a 24.13 acre tract divided into Tract A, 12.0 acres for Health & Fitness, Tract B, 0.8 acres for Office, Tract C, 3.0 acres for Office, and Tract D, 2.3 acres for Office. The fitness building is shown with 126,000 square feet with an outdoor pool and patio area. There is a second floor plan. The Warren County Regional Planning Commission recommended approval with 8 conditions. Mr. Kumar said the reason for this application is because the commercial recreation is the land use for the fitness center is not a principally permitted use or conditionally permitted use under the Office Warehouse Zoning District. He said this is a principally permitted use only in the General Business Zoning District and a Conditionally Permitted Use in the Light Manufacturing District. The layout as it is shown shows a transition from retail.
Parking The township parking requirement is 1,260 and they propose 670 spaces. The applicant showed justification for the number of spaces because of the history of their previous 21 locations. Mr. Kumar said that he agreed with the applicant that we don’t want a large number of unused parking spaces. Their request for the 9’ x 19’ size parking space would be consistent with the Arbor Square Office Park development which was approved by this board. Mr. Kumar gave the 11 Conditions.
Board Discussion John Richardson asked the reasons given on February 4th, why the Tahoe’s was denied. Mr. Kumar said that was because the staff found that the Stage 2 Plan was not in compliance with Stage 1. Mr. Kumar said it was denied by the Deerfield Township Trustees. The staff recommended denial the Tahoe’s basically because of the process but not commenting on the use of the property. John Richardson asked if Lifetime Fitness would go out of business could retail go in there? Don de Reynier said couldn’t we put in the conditions what type of use it must be. Mr. Kumar said you could take a list of the uses in the General Business District and put in those you don’t want. John Richardson said we would have to go to the General Business guidelines. Lois McKnight said looking at the size of the building we could change it to a commercial recreation facility.
In the event of approval, staff recommends the following conditions:
1. Approval of a planned unit development (PUD) overlay shall only mean approval of land uses and shall not include approval of a site plan, as this is a matter for Stage 2 and 3 of the PUD except as noted.
2. Mr. William Mees, Jr. shall be the spokesperson for the PUD in all dealings with Deerfield Township, regardless of the number of property owners within the project. Mr. Mees may delegate his role as spokesperson to another individual and shall notify the Deerfield Township Community Development Department of such event. In any case, only one spokesperson will be recognized by Deerfield Township as representing the PUD.
3. There shall be approval of Stage 2, Site Plan, in accordance with Section 19.06 and approval of Stage 3, Final Detailed Plan, in accordance with Section 19.07 of the Deerfield Township Zoning Resolution.
4. In subsequent submissions for approval, the applicant shall comply with all conditions and requirements that may be set forth by the Deerfield Township Trustees in their resolution granting PUD overlay and compliance with Chapter 19, Planned Unit Development Regulations, of the Deerfield Township Zoning Resolution.
5. Prior to approval of Stage 3, Final Detailed Plan, the developer shall expand and/or upgrade the water system, water treatment and storage facilities, sanitary sewers and wastewater treatment facilities necessary to serve the development, as determined by the Warren County Sanitary Engineer.
6. A traffic impact study, at the expense of the developer, shall be submitted with the Stage 2, Site Plan Review application, to the satisfaction of the Warren County Engineer and the Deerfield Township Trustees.
7. Development of the uses shall be as shown on the Stage 1 Sketch Plan (dated August 8, 2005) with following restrictions:
8. The building floor plan, building elevation drawings, and the project summary shall not be considered approved as part of the Stage 1, rezoning approval.
9. Stormwater Drainage Plan and Erosion and Sediment Control Plan shall be included in the Stage 2, Site Plan Review, submittal.
10. Coordinated design standards shall be submitted in Stage 2, Site Plan Review, integrating a high quality design and improvement of open space with streetscaping elements and building material.
11. The proposed Tract “A” drive shall also serve Tracts “B”, “C” and “D.”
Proponent Bill Mees, Cincinnati United Contractors, said they are the owners of the property. He said he is the official spokesperson for the PUD. He introduced the John Cooley & Tracy Rusk with Lifetime Fitness and Rick Young with Henderson Bodwell Engineers. He said this is a good use for this property. Mr. Mees said this is a good transition from Mason-Montgomery Road development to the residential on the west. He said in meeting with staff and Mr. Speidel, they discussed the options. He said Mr. Speidel suggested they go through rezoning.
Jeff Meltie, Senior Director of Development for Lifetime Fitness, 6444 City West Pkwy., Eden Prairie, MN, said they have 44 fitness centers and the closest ones would be Columbus, OH and Indianapolis, IN. He said they have 4 types of amenities under one roof, Sports & Athletics, Professional Fitness, Family Recreation, and a Resort & Spa. He distributed some literature. On the staff report he said they would like to discuss Condition #7 a, regarding the size of the building. They want to add a 2,500 square feet upper level thereby changing that condition to 128,500 square feet. Condition 7 c, regarding open space, he asked that the open space minimum requirement be changed to 20%. Rick Young, Henderson Bodwell, Irwin-Simpson Road, asked that the retention portion of Condition 7 c be removed. Mr. Meltie said that if Lifetime Fitness failed this building could easily be converted to office. Mr. Kumar asked about change to size of the building and if there are any this large. Mr. Meltie said the largest the currently have is 119,000 square feet. John Richardson closed this portion of the case and asked for public comment but there was none.
Old Business
Zoning Code Update
Lois McKnight said there will be a light agenda on October 17 and therefore suggested that the Zoning Code Update be continued to that date. She said she plans to provide the board with updated text prior to the end of September so they would have 3 weeks to review it. The text will be also available on line.
CASE 2005-367 Request for consideration of the timing for implementation of the conditions of approval.
Robert Riechert, President of Kings Toyota, reminded the board that this board approved changes to the old Kroger building making it into a Toyota show room and changes to the parking lot. He said since they share the parking at the shopping center with other tenants and the management is Casto, there is a problem with some of the conditions regarding the parking lot. Mr. Riechert said they need to do several months of interior work and he said they would accept the parking lot restrictions as they are now but they would liked to be allowed to remodel the interior. Mr. Riechert requested that they be permitted to do the interior remodeling on the building this fall and winter and then next Spring come back to this board for another meeting regarding the parking lot.
Lois McKnight said she had talked to our legal counsel and they suggested adding another Condition to the original conditions of approval. She suggested holding the certificate of occupancy, not releasing that until the parking lot is done. She said if we would allow them to go forward without any control we have lost the control. Mr. Riechert said they just want to start on the interior improvements of the building. John Richardson said in the conditions we designated particular areas of the parking lot for revolving stock. Mr. Riechert said the parking lot would be done mostly by Casto, the owner / manager. John Richardson said that until the improvements on the exterior are completed, no occupancy. John Richardson said we would be looking at a different configuration of the parking lot and landscaping. Don de Reynier said should we rescind what our conditions said before? Lois said it is important to get the improvements which we discussed at the last meeting. Lois said if Mr. Reichert and Mr. Malone from Casto come back with a unified development for the entire frontage, you can consider that at that time, but she said she thought the conditions that they put on this particular land use are important and we will continue to maintain those. John Richardson asked Lois to put together some verbage for that condition. Township Attorney, Bridget McGraw said the building permit would be issued but no occupancy would be issued until the final restrictions that this board placed on the parking lot were fulfilled. There was more discussion. Mr. Kumar explained to Mr. Riechert that the Zoning Department would give a Zoning Permit so Warren County Building Department could issue a Building Permit. The Occupancy Permit would not be given until they are in compliance with the restrictions from this board.
Motion Motion by John Richardson for an amendment to the Conditions on Case 2005-367
stating that the change of use shall be approved and no Certificate of Occupancy shall be
issued until all improvements are in place. Any changes to the site plan or conditions shall
not conflict with the previously approved conditions and must be resubmitted to this board.
2nd by Matt Evans
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes
The motion was approved.
Matt Evans commented on Case 2005-514 and the interior sidewalks. He said in empty nester developments there is some use by scooters and sidewalks are critical to that. There was more discussion about sidewalks.
ADJOURNMENT Motion by John Richardson to adjourn 2nd by Don de Reynier
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes
The motion was approved.
___________________________________________ ______________________________________
John Richardson, Chairman Date Marilyn Arnold, Secretary Date
H 09_12_05.MIN