DEERFIELD TOWNSHIP       

ZONING COMMISSION

Minutes November 13, 2006

CALL TO ORDER: John Richardson, Chairperson 

ROLL CALL:

Scott Evans, John Richardson, Robert Giesse, Matt Evans, and Alternate Cherry Linder were present. Don de Reynier was absent with notice. Also present was Dan Hendy, Township Attorney.

Minutes of Zoning Commission Meeting of 09/20/06

Motion by Scott Evans to approve the minutes of 09/20/06 as written. 2nd_by Robert Giesse.

Roll Call Cherry Linder-Yes, Scott Evans-Yes, John Richardson-Yes, Rob Giesse-Yes, Matt Evans-Yes.

The motion was approved.

 Township Attorney, Daniel Hendy, administered the oath to those giving testimony for both cases.

CASE #2006-564        Lot 20, Arbor Square North, Site Plan Review

Staff Report               Hayfaa Wadih described the location of the 2.8571 acre lot and showed it on the map to the audience. There were two 11,200 square feet buildings proposed at the site. Parking - Their plan showed 36 more parking spaces than the township requirement. Landscaping –The plan showed a 3-6 feet high earth mound along Socialville-Fosters Road. Open Space – There was 42.7% open space proposed which is more than the township requires. Signage – No sign plan was shown at this time but the Township recommended they be consistent with the two developments in the adjacent properties. Lighting – Photometric Analysis was required for Stage 3 submittal. Elevation – Elevation drawings were required for Stage 3 submittal. Miscellaneous Issues – Compliance with the approved Design Standards for Arbor Square. Compliance with the reservation of easements as stated in the Arbor Square North Declaration of Covenants, Conditions and Restrictions and Reservation of Easements.

Proponent                             Matt Spidare, 6305 Centre Park Drive, West Chester, OH 45069, Kleingers & Associates, spoke on behalf of the applicant. According to Warren County the storm water detention is adequate. He said the water and sewer taps would be coming off the main which has already been installed. Mr. Spidare said the dumpster would be enclosed and would be screened from the road and that one dumpster would be used by both buildings. The three sides of the dumpster enclosure would match the other buildings. They have submitted water calculations to the Warren County Water and Soil Conservation District. Mr. Spidare said the photo metric plan and the landscape plan has been submitted as well as building elevations. He said they would be coordinating with the DTFR regarding the internal traffic circulation.

Matt Evans asked about the existing asphalt driveway which is stubbed to the adjoining property. Mr. Spidare said the drive would be finished to connect with the other one that is already in place.

Matt Evans said on the northwest corner of the parking lot there is a significant grade difference. Mr. Spidare said they would be putting in a wall and that would be addressed at the Stage 3 submittal.

Matt Evans expressed concern about the size of the parking lot and said that it looked very close. Mr. Spidare said the aisles are 24 feet wide.  

John Richardson asked the staff in the preliminary PUD approval if there were two buildings shown or one? Ms. Wadih said two were shown. Mr. Richardson asked if there were restrictions on types of buildings and finishes in the PUD. Lois McKnight said they were to comply with the Arbor Square PUD design standards and yes there were materials listed.

There were no public comments.

He asked for board discussion. Matt Evans again said he was concerned about the parking and said it seemed tight.

Elizabeth Dallman, AP Real Estate LLC, 9517 East Kemper Road, Loveland, OH, said 6000 square feet of Building #1 will be occupied by her husband, a dermatologist, and another doctor. There are 12 employees and they believe on a full day they need 20-25 parking spaces. She said they are trying to make sure they have enough parking spaces. She said the first 2 parking spots are tight and they could change that to landscaping.

MOTION                     Motion by Matt Evans to approve Case 2006-564 including the 14 conditions suggested by the staff. 2nd _Robert Giesse

  1. Adherence with all prior approved conditions and Resolutions applicable to the Arbor Square Development, except as herein modified.
  1. Prior to final site plan approval, site access and interior circulation by the Warren County Engineer, in conjunction with the Deerfield Township Fire Rescue, is required.
  1. Prior to final site plan approval, a letter of approval of stormwater management and compliance with the Rules and Regulations for the Design of Stormwater Management Systems, as determined by the Warren County Engineer, is required.
  1. If the drainage area is located within the Simpson Creek Watershed, a letter of approval from Henderson Bodwell for use in the stormwater matrix is required
  1. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
  1. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil & Water Conservation District.
  1. Prior to the issuance of zoning permit, applicant shall secure and submit a letter of approval from Deerfield Township Fire Rescue.
  1. Detailed sign drawing is required for Stage 3 submittal, signs permitted as the following:

·         One wall sign for each business; and shall be no greater than one square feet of sign face area for every linear square foot of business front with a maximum sign area not to exceed 150 square feet.

·         One ground mounted sign with a maximum height not to exceed 6’ 4” and 8’ feet in width

  1. Detailed landscape plan is required for Stage 3 submittal. The landscape plan shall incorporate the following:

·         A mound of three (3) to six (6) feet high along Socialville Fosters Road.

·         Perimeter landscaping for parking lot in compliance with the DTZR.

·         Bufferyards along the property lot lines in compliance with DTZR.

  1. Elevation rendering is required for Stage 3 submittal. Materials and design shall comply with the approved design standards for Arbor Square PUD.
  1. All roof-top mechanicals and light wells shall be screened from public view by parapet walls and from the right-of-way.
  1. Dumpster enclosure material and color shall match the building material and color.
  1. Photometric Analysis is required prior to Stage 3 approval; light poles shall not exceed a maximum height of 24 feet, no light bulb or lens shall protrude below the housing of any canopy light fixtures. Any direct light from the commercial properties toward residential properties shall be shielded from resident view. Illumination level shall not exceed 0.2 footcandles along the public and private right-of-way.
  1. Compliance with the Warren County Subdivision Regulations, as applicable.

Roll Call John Richardson-Yes, Rob Giesse-Yes, Matt Evans-Yes, Cherry Linder-Yes, Scott Evans-Yes.

The motion was approved.

CASE #2006-589        Lot 8, Arbor Square North, Car Wash, Site Plan Review

Staff Report               Hayfaa Wadih explained the 2.5723 Acre location of the proposed car wash. The plan showed an 8,900 square feet structure. The retail area of 2400 square feet would be for a gift shop and lounge area. Two canopies are planned, 67 by 62 feet to the east side of the building and 94 by 67 feet to the south side of the building. The purpose of the canopies would be to direct and organize traffic and to protect the employees from the weather as they work.

Ms Wadih described plans for the following: the access, the dumpster, a storage tank for water reclamation, vacuum system, self serve payment machine, signage, curb cuts, walk way, parking, storm water management, retaining wall, landscaping, lighting, and building façade. Ms. Wadih said regarding #4, Henderson Bodwell didn’t believe this storm water would affect the Simpson Creek Watershed so no letter would be required. She said staff recommended approval with 12 conditions.

John Richardson asked if there were any restrictions on the number of “drive thrus” allowed in this PUD and have we exceeded the amount. Lois McKnight said this use does not meet thestandard definition of a “drive-thru.”

Proponent                  Craig Kolb, Terra Firma Associates, 424 Wards Corner Road, Loveland, OH, said they are the developers of Arbor Square and they have tried to bring to Deerfield Township a quality development. This is a high profile corner and there have been many people who were interested in this lot.

Craig McSherry, P & G, 1 Proctor & Gamble Plaza, Cincinnati, OH, said P & G has decided to try and grow its sales the next 10 years. This type of business will help them achieve this. The carwash is a growing service industry and Mr. Clean is a recognized brand. This is P & G’s initial entry into the services industry. He said the goal is to build two of these centers in Cincinnati. The equipment has water reclamation and 85% of the water on the site will be recycled. A 2400 square feet gift shop and lounge is planned. He said the design includes colors from the Mr. Clean product. All vacuum equipment is enclosed. He said they exceeded the landscaping minimum by 67%.and the planned signage is less than what is allowed. They want to include a “Welcome to Deerfield” sign in the small park on the corner of Mason-Montgomery and Socialville-Fosters Roads. He said they are requesting a second monument sign.

Peter McIndoe, P & G, 1 Proctor & Gamble Plaza, Cincinnati, OH, said that P & G does a lot of study before they proceed with something like this. He said consumers who would use this are higher income and match the people living in Deerfield Township. Mr. McIndoe said they are forming an alliance with Kroger and there will be a valet service. He said they hope to have the same setup with Lifetime Fitness. He said children will be able to shoot soapy water onto the car as it goes through the cleaning process. Millstone Coffee, snacks, TV, and computer access will be available as the customer waits.

Mike Foster, P & G, 400 Pike Street, Cincinnati, OH, explained the proposed signage. They asked for a second monument sign and volunteered to put a Welcome to Deerfield sign in the corner.

Dick Haglage, Terra Firma Associates, 424 Wards Corner Road, Loveland, OH, said this is a high quality development. He said he was in agreement with all the staff conditions except for the sign condition. He said the site is unique with the corner lot and they need the two monument signs.

John Richardson asked the size of the outlots along Mason-Montgomery Road. Mr. Haglage said most lots are 1.5 acre but this corner one is larger.

John Richardson asked how long it will take cars to go through the cleaning process. Mr. McSherry said they tell the consumer 15 minutes but really hope to get the cars through in 12 minutes.

John Richardson asked if they would find this in other parts of the country. Mr. McSherry said in southern California they have more carwashes than any other part of the country and they offer similar amenities.  

Scott Evans asked about the hours of operation. Mr. McSherry said 8:00 to 5:00 Monday through Saturday and Sunday would be 9:00 to 4:00.

Matt Evans asked if the customer could ride through the carwash. Mr. McSherry said they have done extensive consumer testing and yes the customer could stay in the car if they want exterior only.

Matt Evans asked if the detention area is where they want the other monument sign. Mr. Haglage said most of the detention would be under ground.

Tim Grieve, Thomas Graham Associates, 5875 Timberrail Lane, Mason, OH, discussed the design of the site.

Matt Evans discussed the drawing showing a sign hanging over the side of the roof. There was some discussion on the sign. Matt Evans asked about the material on the outside of the building.

Brady Harding, Design Forum Arcitect, 7575 Paragon Road, Dayton, OH, explained the materials to be used on the outside of the building.

Concerned Citizens

Diana Halligan, 4071 Brookside Court, asked where the storm water is going from this site. She said she appreciated their 85% of water reclamation. She asked if the water would be pretreated before it goes into the storm sewer.

Tim Grieve, Thomas Graham Associates, 5875 Timberrail Lane, Mason, OH, said he did not believe it drains into Simpson Creek. He said it goes in a culvert across the street and goes eastward. He said it goes into the stormwater system on Mason-Montgomery Road.

Mr. Richardson asked how oil and grease on the site is treated. Craig McSherry, P & G, 1 Proctor & Gamble Plaza, Cincinnati, OH, said all the water goes to a recycling system and underground. All petroleum products go to a reclamation area and then go into a tank which is picked up and hauled away. Nothing goes into the storm sewer from the washing cleaning process. Mr. McSherry said in the finish area the water goes into the recycling tank.

Mr. Richardson closed the public comment portion of the meeting.

Discussion                 Scott Evans said because of the shape, size, and location of this lot, he could accept the request for two monument signs.

John Richardson said both signs wouldn’t be visible at the same time. He said the building looked a little contemporary but he liked what he saw.

Matt Evans said he thinks it is well done and attractive, but he didn’t think it blended with the surrounding development. He asked some questions regarding the lucabond panels.

Cherry Linder asked Ms. McKnight if she had discussed the design standards with the applicant. Ms. McKnight said the applicant was given the design standard and were encouraged to use them.

Cherry Linder asked the applicant for the pros and cons regarding some panels. Brady Harding, Design Forum Arcitect, 7575 Paragon Road, Dayton, OH, said these materials minimize the amount of material used along the top of the building. This is a little bit reflective but not over powering. Ms. Linder asked if there was any maintenance advantage. Mr. Harding said it is a nice smooth surface and would be easier to keep clean than the EIFS. Ms. Linder said she thought it was appropriate for this use.

Matt Evans said he read the PUD design standards and said that these materials by the letter of our PUD should conform and he didn’t feel they conformed.

Dick Haglage, Terra Firma Associates, 424 Wards Corner Road, Loveland, OH, said that Condition #18 says all buildings within the development must substantially conform. He said they added some stone and tried to make it blend in with the surrounding development.

Brady Harding, Design Forum Arcitect, 7575 Paragon Road, Dayton, OH, said the design originally didn’t have the stone. There is 67% more landscaping than the requirement.

Matt Evans explained that the board’s job is to follow the PUD guidelines. He told the designers they can’t just stick put stone on the building so it matches Arbor Square PUD even though it doesn’t look good.

There was more discussion on the materials planned for the building. There was discussion on “substantial” as a word used in the PUD standards.

Cherry Linder said they need to be flexible and realize there is going to be a lot of water and they may have a reason for using certain materials. Matt Evans said materials should be “complementary.”

Lois asked the applicant if they had a better view of the building. Lois said the final paragraph on the staff report expressed concerns about the design standards being followed.

Craig McSherry, P & G, 1 Proctor & Gamble Plaza, Cincinnati, OH, came forward and showed an animated presentation showing the building.

John Richardson said the design doesn’t fit the style of the other buildings and it has different materials which are not used in the rest of the development. John Richardson asked the board for more questions or a motion.

Matt Evans asked what stage they are approving. Ms. McKnight said this board would be approving a Site Plan Review prior to Stage 3. Mr. Evans said this is prior to the trustees.

John Richardson said this board won’t see this again. He asked the board if they needed to change any conditions.

Scott Evans said on Condition 8 he believed they should change it from one ground mounted sign to two ground mounted signs.

The Board discussed the exterior of the building and the proposed building materials.

MOTION                     Motion to deny by Matt Evans based entirely upon the Design Standards of this PUD. 2nd by John Richardson. There was more board discussion on the materials.

  1. Adherence with all prior approved conditions and Resolutions applicable to the Arbor Square Development, except as herein modified.
  1. Prior to final site plan approval, site access and interior circulation by the Warren County Engineer, in conjunction with the Deerfield Township Fire Rescue, is required.
  1. Prior to final site plan approval, a letter of approval of stormwater management and compliance with the Rules and Regulations for the Design of Stormwater Management Systems, as determined by the Warren County Engineer, is required.
  1. If the drainage area is located within the Simpson Creek Watershed, a letter of approval from Henderson Bodwell for use in the Stormwater matrix is required.
  1. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
  1. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil & Water Conservation District.
  1. Prior to the issuance of Zoning Certificate, applicant shall secure and submit a letter of approval from Deerfield Township Fire Rescue.
  1. Detailed sign drawing is required prior to the issuance of Zoning Certificate, signs permitted as the following:
  1. Two wall signs are permitted, one on the main façade and one on the rear façade with a sign face area not to exceed 54 square feet each, the signs shall be no higher that the building wall on which it is erected.
  1. Two ground mounted signs with a maximum height not to exceed seven (7) feet including the two (2) feet stone base and 9’ 9” in width as proposed in Condition 17, Exhibit C.
  1. All roof-top mechanicals and light wells shall be screened from public view by parapet walls and from the right-of-way.
  1. Dumpster enclosure material and color shall match the building material and color.
  1. Illumination level shall not exceed 0.2 footcandles along the public and private right-of-way.
  1. Compliance with the Warren County Subdivision Regulations, as applicable.

Roll Call Rob Giesse-No, Matt Evans-Yes, Cherry Linder-No, Scott Evans-No, John Richardson-Yes.

The motion failed.

Dan Hendy said you can make another motion or continue the case.

MOTION                     Motion to approve by Scott Evans with a change to Condition #8 to allow two. ground signs. 2nd by Robert Giesse. Matt Evans again stated that the materials were not in compliance. Robert Giesse disagreed. Cherry Linder said this really is a carwash and there will be differences.

Roll Call Matt Evans-No, Cherry Linder-Yes, Scott Evans-Yes, John Richardson-No, Rob Giesse-Yes.

The motion was approved.

Old Business            John Richardson stated we have received a revised landscaping plan for the Toyota Showroom on Fields-Ertel Road which more closely matches the landscaping in portion of the shopping center being developed by Casto.

Dan Hendy stated Mr. Reichert last appeared before the Commission in June when he came and asked for an extension on the time period to install the new landscaping. Mr. Reichert asked if he could wait on this portion of the landscaping at Toyota until Casto did their landscaping for the rest of the shopping center. Since then there have been a series of meetings and correspondence between the Township and Mr. Reichert. There are three outstanding issues on the site, landscaping, bike path, and the parking.

Ms. McKnight stated the current landscaping plan in front of them is different from the original plan but is consistent with the plan approved by the Commission for the adjoining shopping center.

John Richardson said Toyota was supposed to have their landscaping done in 60 days from the certificate of occupancy.

Mr. Hendy said the landscape plan does not show a drive or vehicle lane, so does not indicate parking spaces adjacent to the landscaping. There was some discussion on the drive aisle all the way around the parking lot of the property.

John Richardson said if the board approves this tonight they can start tomorrow. Matt Evans suggested putting a date on the landscaping start or finish maybe start by December. 1st. Dan Hendy said they indicated to him that they could be finished in 10 days.

MOTION                     Motion to approve the Landscape Plan by Matt Evans with the condition that the paved area immediately north of the new landscape area remains as a vehicular drive aisle . 2nd by Cherry Linder.

Roll Call Cherry Linder-Yes, Scott Evans-Yes, John Richardson-Yes, Rob Giesse-Yes, Matt Evans-Yes.

The motion was approved

Adjournment              Motion to adjourn by John Richardson 2nd _by Scott Evans

The motion was approved unanimously.

____________________________________________                                 ___________________________

John Richardson, Chair Person             Date                                                Marilyn Arnold, Secretary   Date

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