Meeting at 3292 US Rt 22 & 3 DEERFIELD TOWNSHIP

ZONING COMMISSION

Deerfield Township Meeting Room 7:00 PM – JUNE 12, 2006

MINUTES

CALL TO ORDER: John Richardson, Chairperson

ROLL CALL: Scott Evans, John Richardson, and Robert Giesse were present. Don de Reynier,

Matt Evans, and Alternate Cherry Linder were absent. Mr. Richardson said that they did

have enough members present to have the meeting. Also present was township

legal counsel, Scott Phillips.

Minutes of Zoning Commission Meeting of 05/08/06

Motion by John Richardson to table the minutes for 05/08/06 to the next regularly

scheduled meeting. 2^nd _by Scott Evans

Roll Call Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes The motion was

approved.

Administering the oath to those giving testimony by Township Attorney, Scott Phillips.

CASE #2006-256 Modification to the approved Site Plan Review for Old Kroger Site for Indoor

Toyota Sale

Staff Report Lois McKnight said at the July 18, 2005, Zoning Commission Meeting this site plan was originally approved with 15 Conditions. She said the applicant returned to the Commission in September and requested that he be given permission to begin the interior work remodeling the Kroger store into a new indoor auto sales center while he worked through the restrictions on the property regarding cross access and parking easements with the associated shopping center. At that time the Commission allowed him to go forward with the indoor improvements with the condition that all the conditions of approval are in place prior to issuance of the Certificate of Occupancy. We have recently received a new request from the applicant asking for modification to three of the originally approved conditions to the site plan.

Condition # 5: There shall be at least twenty-four (24) foot wide bufferyard along Fields-Ertel Road.

Condition # 8: There shall be a minimum of eight (8) feet wide asphalt bike path along Fields Ertel Road in compliance with Deerfield Township Concept Pathway Plan, location of which shall be mutually determined by Warren County Engineer’s Office and Deerfield Township. This sidewalk shall extend the entire frontage of the subject property including the stormwater detention/retention parcel.

Condition # 9: No outside storage or sale or display shall be allowed at any time except for the eighteen (18) spaces along the east side of the building and the eight (8) spaces north of the retention pond and the block of twelve (12) spaces north of the retention pond.

Ms. McKnight said that in reviewing the request for modification, the staff felt the change to the landscaping plan, the shopping center will soon be presenting a site plan for this Commission to review and the applicant wants to hold off until the shopping center does theirs. The staff would like to see the applicant proceed with the landscaping as approved. With regard to the retention pond, there are not sidewalks or pathways but he doesn’t think he should pay for a pathway to no where. The staff suggests a bond or line of credit be posted that would cover the cost of the sidewalk to be installed at a future date. Finally, with regard to his request for modification on the limitation on outside display, staff is willing to consider additional areas for outside display, however, staff would like to continue to prohibit any automobile display on any parking spaces which are immediately adjacent to Fields-Ertel Road. Ms. McKnight said she thought there were 21 parking spaces there. She said she met with the developers of the shopping center to see what their plans were. The shopping center owner said they would be willing to eliminate those “head in” parking spaces out near Fields-Ertel to allow for the buffer area. Ms. McKnight said they would want to see those spaces eliminated across the entire front of the shopping center. She said since the application was originally filed the parking easement has been eliminated. The cross access is still in place.

Proponent Robert C. Reichert, Pres. of Kings Toyota, said with regard to the landscaping, they have worked closely with Mr. Malone of Casto, the owner of the rest of the shopping center. There is 219 feet of the 900 feet frontage. Mr. Reichert said they want to open the dealership next month and the asked to be allowed to hold off on the landscaping until Casto is ready to do theirs. He asked for 6 months to hold off until Casto gets the landscaping installed.

Mr. Reichert said the bike path on their 219 feet could only go westward to the interstate entrance. He asked if he could hold off on that and move it up to the higher part of the parking lot where there is already blacktop. Mr. Reichert said they don’t own the detention pond so they don’t have the right to build a bike path there.

On the parking said the enforcement of the rules regarding the parking lot would be difficult and he asked for the Zoning Department to be flexible. He said they don’t care about those “head in” parking spaces out near the road. He asked for the Zoning Department to give him some flexibility on that. Mr. Reichert said employees would be parked out there anyway.

Mr. Richardson said the plan shows 38 parking spaces for cars for people to test drive and he said that’ should be enough. Mr. Reichert said there are 7 other dealerships here in Deerfield Township and there are no restrictions on them and where they park. Mr. Richardson said that those are in the automall and this is retail. Scott Evans said the automall was built previous to our local zoning. Mr. Reichert said he was concerned that they would end up with an enforcement issue. Mr. Reichert said it is difficult to have spaces designated except for the employees. The employees would park where they are supposed to. Scott Evans asked him how many sales people they would have in the building. Mr. Reichert said they have 40 but they plan to increase that to around 70 new car sales people. Mr. Richardson said the fear is there would be 100 cars for sale sitting out front. Mr. Reichert said they are planning an indoor show room and the idea is to get people inside, Mr. Reichert said the last thing they want to do is create an outdoor sales area. Bob Giesse asked him which area would be a problem. Mr. Reichert said the area near the front door is where the cars would end up. Scott Evans asked him how many models they have. Mr. Reichert said there are 18 models and many colors. Mr. Evans asked him where they would unload the cars and Mr. Reichert said they would unload them back in the automall area. There was more discussion.

Lois McKnight said she met with Casto and they plan to bring the Site Plan for the remodeling of the shopping center before this board soon but she doesn’t know the timing of the installation of the landscaping. She said there would be some demolition and reconstruction. John Richardson asked about the retention pond and the bike path. Ms. McKnight said she agreed that Mr. Reichert should not be the one to be concerned about that since it is owned by Casto. Scott Evans stated that the residents throughout the township want the hiker biker trail. He said they are really pushing for that throughout the township. Mr. Reichert said the bike trail could be up into the parking lot near the landscaping. Ms. McKnight said the location of the trail is to be determined by the engineer’s office and the trustees. There was discussion on the location of the hiker/biker trail. Mr. Reichert said the trail could be near the road on the already paved area near the street. John Richardson asked for any more questions from the board. There was none.

Township Attorney, Scott Phillips, said the problem with removing conditions after there has been an approval, and those conditions were the basis for the board first allowing the project. He said from an overall practice standard, people will come in and agree to all of the conditions knowing that later on they can get them changed. Mr. Phillips said the idea of enforcement, unless the applicant chooses not to police themselves. John Richardson asked him what he thinks about waiting until Casto is ready, and then do the landscaping. Mr. Phillips said there is no way to control the timing of Casto and their remodeling project. It may not be done for a long period of time. He said it is staff’s job to make sure when Casto does come in, their design will fit with whatever Toyota has in place. John Richardson asked Mr. Reichert when he believes it will be done. Mr. Reichert said they would like to open in 30 days. Mr. Reichert said they have a good working relationship will Casto. Mr. Phillips said from a consistency standard as well as treating everyone who comes before you the same, requiring people to do what they have been asked to do before they get their occupancy permit is a good practice. Mr. Reichert said that they used to own more of the property and that has been sold. Scott Evans said these conditions were all in place previous to the sale. John Richardson said that Mr. Reichert can set the bar and this board could make Casto conform to what Toyota has. Scott Evans said the board should go with the original recommendations.

Motion Motion by John Richardson regarding Case #2006-256, to accept a bond in the amount determined by Staff, for landscaping, buffer year, and hiker/biker trail for no more than 60 days after occupancy and that there be no change to parking as required under the original conditions. 2^nd by Scott Evans

Scott Evans said he goes along with the additional parking spaces as recommended by the Staff. Ms. McKnight said she ended up with 76 spaces. Bob Giesse said he would rather see it stay the way it is. Nobody is going to enforce miscellaneous parking unless it becomes an issue.

Roll Call Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes The motion was

approved.

New Business Lois McKnight said the commission has asked the staff to provide a time line for review of the Zoning Code and creating a Comprehensive Plan. I have provided a time line and a letter from Mr. Phillips.

Scott Phillips said when their office took over the zoning legal issues for the township, they discovered the Comprehensive Land Use Plan had not been updated in a long time. It also came to their attention that there was an on going project of re-writing the zoning code. He said that is a good thing and needs to be addressed. There is a lot of case law on the books regarding this that the Land Use Plan comes first then that becomes the policy how land use changes get implemented. Mr. Philips said he was concerned that someone could come along and challenge the entire Zoning Resolution. They suggest delaying the Zoning Resolution changes until the Land Use Plan is in place. He learned that there has been a lot of work done on the zoning code update. After the Comprehensive Land Use Plan is done, then they can undertake the Zoning Code Update. Mr. Phillips said his predecessors got the order of the process wrong. There would be a lot of difficulty in defending the Zoning Resolution. John Richardson asked what this board should do. Ms. McKnight said the trustees have money in the budget to hire a firm which will provide a time line with the scope of services we need. She said the Land Use Plan has not been undated since 1997. Mr. Phillips aid the Land Use Plan should be updated every 5 years. Ms. McKnight said she has been given the work which was being done on the Zoning Code Update. Mr. Phillips said it is not good policy to do it in this order. Mr. Phillips said the consultant should be able to take what has already been done and use that. John asked if the board needs to do anything. Mr. Phillips said the staff and trustees would do that.

Ms. McKnight said the Comprehensive Land Use Plan allows for the staff, residents, and business community could get involved in the decision making process. Mr. Phillips said West Chester Township just finished that process. This process will enhance your ability to make decisions that make sense. John Richardson said they had all this development on the Mason-Montgomery Road corridor and we didn’t have the time to work on the updates.

Next meeting will be July 10,

Adjournment Motion John Richardson to adjourn 2^nd Scott Evans

Roll Call Robert Giesse-Yes, Scott Evans-Yes, John Richardson-Yes The motion was

approved.

_________________________________________________ ________________________________

John Richardson, Chairperson Date Marilyn Arnold, Secretary Date

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