DEERFIELD TOWNSHIP

ZONING COMMISSION

7:00 PM – April 09, 2007

 

MINUTES

 

CALL TO ORDER:                    Robert Giesse, Vice-Chairperson

 

Roll Call  Scott Evans, Robert Giesse, Don de Reynier, Matt Evans. Alternate, Cherry Linder, were present.  John Richardson was absent with notice.  Also in attendance was township legal advisor, Dan Hendy.

 

Minutes of 01/08/07 meeting.

 

Motion by Don de Reynier to approve the minutes of 01/08/07 as written.  2nd by Scott Evans.

Roll Call  Robert Giesse-Yes, Don de Reynier-Yes, Matt Evans-Yes, Scott Evans-Yes, and Cherry Linder-Yes.  The motion was approved.

 

Minutes of 03/12/07 meeting.

 

Motion by Scott Evans to approve the minutes of 03/12/07 as written.  2nd by Matt Evans.

Roll Call  Robert Giesse-Yes, Don de Reynier-Yes, Matt Evans-Yes, Scott Evans-Yes, and Cherry Linder-Abstained.  The motion was approved.

 

Dan Hendy, Township Attorney, administered the oath to those who would be giving testimony.

 

Case #2007-097  Stage 2 Approval for Khosla Office Building, located at northeast corner of Montgomery Road and Winding Lane intersection

 

Staff Report  Hayfaa Wadih said this was a request for a Stage 2 approval for an office building. She explained the location of subject property at the northeast and southeast corner of US Route 22 & 3 and Winding Lane.  The plan was for a 2 story building and 15 parking spaces.  One parking space was designated for handicapped.  The east side of the site showed an underground detention pond for storm water with a discharge to a Winding Lane road frontage ditch.  She gave the agency reports.

 

Warren County Regional Planning Commission: Reviewed the case on March 22, 2007 and recommended approval subject to 15 conditions.

 

Warren County Engineers Office: No comments to date.    

 

Ohio Department of Transportation (ODOT): A letter from ODOT sent to applicant on January 29, 2007 approved the development (letter attached).

 

Warren County Sanitary Engineer: Per Warren County Report, sufficient water and sewer service is available.

 

Warren County Soil and Water Conservation District: Opinion is not given for less than one (1) acre land; however, periodic inspections will be made to ensure that recommended perimeter controls and timely seeding are implemented.             

 

Deerfield Township Fire Department: Reviewed March 27, 2007 and required the followings:

·         Need auto turn for 40 feet school bus to show adequate fire apparatus access

·         Need to see proposed or existing fire hydrant.

 

Hayfaa Wadih said regarding Access & Parking that the 15 parking spaces were in compliance with DTZR requirements.  A Landscape Plan was not provided but will be required at the Stage 3 and must comply with DTZR and screening must be shown for the dumpster from the adjoining residential property to the southeast.  No Signage information was provided with this submittal but must be submitted for Stage 3 in compliance with Chapter 22, Section 22.09 B for signs in the office district.  A Lighting plan including Photometric Analysis will be required for Stage 3 submittal.  The applicant was proposing the Elevations and building facades which would be residential in character to match the surrounding properties.  She said there was a Miscellaneous item on an easement.  The WCRPC staff reviewed the proposed project and suggested that a cross access to the adjoining property would be desirable and a replat for an easement would be appropriate.

 

Hayfaa Wadih said the staff recommended approval including 14 conditions.  She asked the board for questions.  Cherry Linder had her explain Condition #8 regarding the cross access easement.  Lois McKnight said Regional Planning was suggesting this for possible future needs.  Don de Reynier asked about Condition 14 regarding parking and loading.  Hayfaa Wadih said the parking plan was in compliance but there was no loading requirement for Office zoning.  Bob Giesse asked for the proponent to come forward.

 

Proponent  Craig Abercrombie, 3377 Compton Road, Cinti., OH , said they had a concern about aligning the 2 cross easements and matching them.  He said he agreed to the 14 conditions.

 

Discussion  Scott Evans asked about the way of measuring the roof line which he said was measured to the eves.  Matt Evans commented that with the gable it was complicated.  Lois McKnight said this was discussed specifically when they came for the Stage 1.  She said in order to avoid confusion we use the method of measurement used by the trustees which would be 20 feet in height to the eve line.  Hayfaa Wadih said she contacted the applicant because the elevation was not clear.  Matt Evans in this style building the average eve line is all over the place.  Bob Giesse asked for more questions.  There were none.  He asked for a recommendation.

 

Motion by _Don de Reynier to approve Case 2007-097 subject to the 14 Conditions as suggested by staff.  2nd  by_Matt Evans.

 

1.                    Compliance with Deerfield Township Resolution 2007-010, as determined by the Board of Township Trustees.

 

2.                    Provision of public right-of-way along U.S. Route 22&3, in accommodation of the pending road widening project.

 

3.                    Compliance with all requirements of the Ohio Department of Transportation (ODOT).

 

4.                    In compliance with ODOT road widening construction drawings, sidewalk shall be installed along the US Route 22&3 road frontage.

 

5.                    Road improvements, as applicable, 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.

 

6.                    Approval of site access by the Warren County Engineer.

 

7.                    Approval of interior circulation by the Deerfield Township Trustees, in conjunction with the Deerfield Township Fire Department.

 

8.                    Dedication of a cross access easement, in alignment with the easement on the adjoining 1.3521 acre Smyth Center Lot 1, via replat or by separate instrument, prior to final site plan approval.

 

9.                    Approval of a stormwater drainage plan by the Warren County Engineer, in compliance with the Rules and Regulations for the Design of Stormwater Management Systems. Submission of stormwater calculations and acceptable maintenance provisions are required for preliminary site plan, Stage 2 approval.

 

10.                 Timely seeding perimeter erosion control, as determined by the Warren County Soil & Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations.

 

11.                 Submission of a detailed lighting plan for final site plan approval, including mounting height and wattage specifications for luminaries. Illumination along the southeastern property line, abutting Lot 45 of Myrtle Brook shall not exceed 0.2 footcandles.

 

12.                 Submission of a detailed landscape plan in compliance with Chapter 21 of the Deerfield Township Zoning Resolution.

 

13.                 Submission of signage drawing shows the number of signs, height and wideth in compliance with Chapter22 Signs in Office District of the DTZR. The relocation of the existing Myrtle Brook sign shall not create a sight distance obstruction.

 

14.                 Approval of architectural treatment and building height/size by the Deerfield Township Trustees.  Building elevation drawings shall be submitted for final site plan approval.

 

Roll Call Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, Cherry Linder-Yes, Robert Giesse-Yes

The motion was approved.

 

Case #2007-120  Site Plan Review for a Pet Smart, Lot #16 of Arbor Square PUD located along the west side of Arbor Square Drive

 

Staff Report  Hayfaa Wadih said the case was a site plan review prior to Stage 3 for Petsmart.  She explained the location for the project.  The plan showed a 27,000 square feet structure on a 3.21 acre lot in Arbor Square PUD. 

 

There was existing storm water retention shown on the southeast and southwest corners of the lot.  There were 135 parking spaces 19 feet by 9 feet proposed of which 4 parking spaces were designated for handicapped.  There were several means of access shown. 

 

Hayfaa Wadih said the signage plan showed 4 signs proposed on the main elevation to the east.  A drawing for a proposed 21’6” high by 13’6” wide ground mounted sign was provided but no location was indicated.

 

A landscape and lighting plan was provided.

 

Agency Comments

 

Warren County Engineer’s Office: No comment to date.

 

Warren County Soil and Water Conservation District: No comments to date.

 

Deerfield Township Fire Rescue: Reviewed March 27, 2007 and required the followings:

·         Need auto turn for 40 feet school bus to show adequate fire apparatus access.

·         Need to see proposed or existing fire hydrant.

 

Deerfield Public Work Department:  Reviewed on March 20, 2007 and recommended the elimination of the entry to the site across Gold Star for a safety purpose.

 

Staff Findings

 

Hayfaa Wadih said the parking and access plan was in compliance with the DTZR.  On the landscaping and open space the staff recommended more plants such as shrubs planted three feet on center along Arbor Square Drive and in the parking lot isles.  She said 20% open space was required for this PUD

 

On the signage Hayfaa Wadih reminded the board of the requirements which were approved for Stage 2 of Arbor Square.  Staff recommended that the subject property shall be permitted the following signs:

  1. Four wall signs as proposed based on one square feet of sign area per linear foot of store front.
  2. One ground mounted sign with a maximum height not to exceed 15 feet from the grade level to the top of the sign as proposed in Condition 17, Exhibit C-3 as shown on page 6 in the Staff Report.

 

Hayfaa Wadih said the staff recommended approval including 13 conditions.  She asked the board for questions.  Don de Reynier asked about Condition #8 regarding signage.  Mr. Giesse asked the proponent to come to the podium.

 

Proponent  Dick Haglage, 5027 Muirwoods Ct., Cinti., OH 45242, Terra Firma Associates, said that they were in compliance with Stage 2 approvals.  He said he understood that the Stage 2 approval talked about 15 feet being to the bottom of the roof structure from the bottom of the planter base.  He asked for clarification on that.  Dick Haglage introduced Dan Aquakessler and the architect, Jud Kline.  He asked for questions.  Mr. de Reynier asked about the signage.  Lois McKnight explained the method of measurement for the signs. 

 

Discussion  Matt Evans asked for an explanation on the building usage.  Dick Haglage said it would include the typical pet store sales, grooming, a veterinarian clinic, and pet boarding.  Matt Evans asked if the boarding would be inside or out.  Dan Aquakessler said there would be no reason to take the pets outside.  Matt Evans asked if there is a limit on the number of animals to be boarded.  Lois McKnight said since this is a PUD we could set this up the way we want.  Matt Evans asked about some boxes shown on the plan.  Matt Evans asked about a door on the plan to future retail.  Dick Haglage said that was incorrect on the drawing.  Robert Giesse asked him if he was in agreement with the conditions.  Mr. Haglage said yes he was.  Matt Evans asked if they had concerns about the elimination of one access drive.  Mr. Haglage said they didn’t see that as a condition.  He said they would do the same as in the past and work with the county engineer.  Robert Giesse closed this portion of the meeting and asked for a recommendation.  There was some discussion on Condition #8 regarding signage and making sure it was in compliance with the original approval.

 

Motion by  Don de Reynier to approve Case 2007-120 subject to the 13 conditions from the staff making a change to Conditon #8, Section 2 stating “One ground mounted sign as specified in Condition 17, Exhibit C-3 of Stage 2 Arbor Square approval.  2nd  by_Scott Evans.

 

  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:

·         Four wall signs as proposed based on one square feet of sign area per linear foot of store front.

·         One ground mounted sign as specified in Condition 17 Exhibit C-3 Stage 2 Arbor Square approval.

 

  1. Prior to the issuance of Zoning Permit, a revised landscape plan showing shrubs planted three (3) feet on center along Arbor Square drive and in the parking lot isles is required.

 

  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.  The height of the light pole fixture should not exceed 24 feet from the grade level.

 

  1. Compliance with the Warren County Subdivision Regulations, as applicable.

 

Roll Call  Don de Reynier-Yes, Scott Evans-Yes, Cherry Linder-Yes, Robert Giesse-Yes, Matt Evans-Yes  The motion was approved.

 

Old Business                        Lois McKnight informed the board that the Deerfield Township Trustees had chosen McBride Dale Clarion, a local planning firm, as the company to work on the Comprehensive Plan for the township.  A work session will be held in May including the Zoning Commission, the Board of Zoning Appeals, and some key members of staff.  She said they would try and get that date set as soon as possible.

 

Matt Evans asked for an update on the Toyota case and the enforcement issue.  Dan Hendy said the township filed a motion to dismiss.  The township filed an enforcement action.  Kings Toyota filed a counter claim alleging the township was putting a limit on them.  They said limiting the parking spaces went against their constitutional rights.  They had two different opportunities to do an administrative appeal.  They filed a memo in opposition.  The township filed a reply.  Before the township proceeds to the injunctive stage of the enforcement action, the court will resolve the motion and dismiss.

 

Matt Evans asked about the other site.  Lois McKnight said the Dodge Dealership site was granted approval by the Trustees.

 

Adjournment

Motion by _Scott Evans to adjourn.  2nd  by_Don de Reynier.  The roll call was all yes.

                                                                                                                                                           

 

 

_____________________________________________                  ___________________________________

Robert Giess, Vice-Chairperson                            Date                     Marilyn Arnold, Secretary                     Date

 

H 04_09_07.MIN