DEERFIELD TOWNSHIP
ZONING COMMISSION
January 8th, 2007
MINUTES
CALL TO ORDER: John Richardson, Chairman
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Don de Reynier, Matt Evans, and Alternate Cherry Linder were all present. Also present was township legal advisor, Dan Hendy.
Election of Officers for 2007
Motion by Don de Reynier to nominate John Richardson as Chairperson for 2007. Second by Scott Evans.
John Richardson-Abstained, Robert Giesse-Yes, Don de Reynier-Yes, Matt Evans-Yes, Scott Evans-Yes. The motion was approved.
Motion by Don de Reynier to nominate Robert Giesse as Vice-chairperson for 2007. Second by John Richardson.
Don de Reynier-Yes, Matt Evans-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse. The motion was approved.
Minutes Motion by Don de Reynier to approve the minutes of 12/11/06 as written. Second by Robert Giesse
Roll Call Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes The motion was approved.
Dan Hendy, Township Attorney, administered the oath to those giving testimony.
CASE 2006-656 Stage 1, Khosla Office Building, Corner Rt 22 & 3 and Winding Lane
Staff Report Hayfaa Wadih explained the history of the property. There is currently a Stage 1 PUD approval for the site that limits the construction to a one story with a maximum of 5,000 square feet. The current request is for a two story building. She said the applicant has a reasonable request which would maximize the use of the land and meet the Deerfield Township Zoning Requirements. Nantucket Apartments across the street from this proposal has two or three story apartment buildings which blend with the commercial development next to it. Ms. Wadih suggested the office building should have a residential character. She said the staff recommended approval including 11 conditions. She asked the board for any questions.
Don de Reynier asked if there is a reason nothing addressed the 5000 square feet limit. He said Condition 11 addressed the two story issue.
Matt Evans said on the original they were limited to 5000 square feet for a one story building and the footprint would stay the same.
Mr. de Reynier was concerned that the two story building could include much more square footage. Ms. McKnight said the factors of setback and landscaping requirements would limit the footprint size.
John Richardson said this is Stage 1 and they could bring back something different for Stage 2.
Robert Giesse said there is a required parking condition.
John Richardson requested that the proponent come forward to speak.
Proponent Tom Abercrombie, 3377 Compton Road, Cincinnati, 45247, introduced Michael Khosla, the owner, and Les Collins, the architect. He said that they were requesting revisions to Condition #8 and Condition #12 of the 2003 staff report. They would like to have a two story building with 3239 square feet on the first floor and 2674 square feet on the second floor, decreasing the size of the original footprint of the building. The height of the building would be 34 ˝ feet total, but your code allows a 35 feet maximum. The gutter line height would be 20 feet. Robert Giesse asked if changing the square footage would affect their amount of parking. Mr. Abercrombie said the lot is a corner and the parking allowance would be in compliance.
There was no public comment.
Mr. Richardson closed this portion of the meeting.
Board Discussion The Commission discussed the size, height, and appearance of the proposed building and possible limitations on those characteristics.
Motion Motion by Matt Evans to approve Case 2006-656 including the 10 Conditions from the staff, amending Condition #11 and adding Conditions #12 and #13 as follows.
Second by Don de Reynier.
1. The designation of a planned unit development (PUD) overlay shall only mean approval of the rezoning Stage 1, and shall not include approval of site plan, as this is a matter for Stage 2, preliminary site pan, and Stage 3, final detailed plan of the PUD.
2. Mr. Michael Khosla shall be the spokesperson for the PUD in all dealings with Deerfield Township, regardless of the number of landowners within the project. Mr. Khosla may delegate his role as spokesperson to another individual, subject to notification of the Deerfield Township Community Development Director. In any event, only a single spokesperson shall be recognized by Deerfield Township as representing the PUD.
3. Compliance with all conditions and requirements that may be set forth by the Deerfield Township Trustees in their resolution granting a PUD overlay and compliance with Chapter 19, Planned Unit Development Regulations of the Deerfield Township Zoning Resolution.
4. Approval of Stage 3, Final Detailed Plan in accordance with Section 19.07 of the Deerfield Township Zoning Resolution.
5. Prior to issuance of the Certificate of Occupancy, 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. Uses shall be limited to Chapter 13, Office District of the Deerfield Township Zoning Resolution. Building restrictions such as height, size, and architectural details, as determined by the Deerfield Township Trustees.
7. Site access shall be limited to Winding Lane, with location as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Rescue.
8. Replacement of the sign located on the north side of the property which identifies the Myrtle Brook subdivision is required. The sign shall be located a minimum of ten (10) from the new US Route 22 & 3 right-of-way.
9. Letter of approval from ODOT is required to confirm that the proposed width of the right of way along US 22 & 3 is in compliance with ODOT requirement for the road widening of US 22 & 3.
10 Calculation of the detention pond showing the capacity of dispensing water overflow and the explanation of the maintenance issue are required for Stage 2 submittal.
11.The proposed building is not to exceed 20 feet in height.
12.Maximum of 3300 square feet for first floor foot-print and max 6000 square feet for the entire office building.
13.Building facades must reflect residential appearance.
Roll Call Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes The motion was approved.
CASE 2006-681 Site Plan Review Prior to Stage 3, US Bank, Lot 18 Arbor Square PUD, Socialville-Fosters Road
Staff Report Hayfaa Wadih explained the location of the proposed US Bank in the Arbor Square Development and the zoning of the surrounding properties. She described the proposal for the 3536 square feet single story building and setbacks. She explained access, storm water management, parking, loading, landscape, lighting, signage, and exterior building materials. She said they need only one additional tree along Socialville-Fosters Road in order to be in compliance with requirements. There were no comments at this time from Warren County Engineer, Warren County Soil & Water Conservation, or Deerfield Township Fire Rescue. She said the staff recommended approval with 13 conditions.
John Richardson asked if there was a shared sign agreement for the whole development. Ms. Wadih said each lot in Arbor Square North will be setup individually. She said each building in this development would be allowed one 150 square feet ground mounted sign for each lot and they are requesting 2 wall-mounted signs. Every building is allowed 150 square feet total face area and they are requesting two small, wall-mounted signs so Staff is recommending approval. Staff believes that the proposed signs could be approved as recommended since the total face area was still less than the face area allowed for one sign. Don de Reynier said this is the first time staff has suggested more signage.
Proponent Jim Kaiser, Kaiser Architects, 5806 Kirby Avenue, Cincinnati, 45239, represented the applicant along with Kim Smith and Rick Young from Henderson & Bodwell Engineers. He said they had no objections to the staff conditions.
Matt Evans asked him if the cupola on the top would have signs or will there be just the EIFS panels. Mr. Kaiser said they would just have the EIFS because the cupola is there for aesthetics only.
John Richardson asked if there were requirements in the PUD for things to match. Lois McKnight said all the buildings in the PUD under construction have somewhat different looks. The office buildings and the salon look different but the board could ask them to match any predominant brick which has been used.
There was no public comment.
Board Discussion Cherry Linder asked about the size of the wall signs at the salon and other buildings. Ms. McKnight said the total sign area would be less than what was approved for the other developments. The salon has one ground mounted sign at 35 square feet and one wall sign at 40 square feet. The Miller Valentine building which has 20,000-24,000 square feet per tenant is permitted one wall for each 10,000 square feet so they could have two wall signs.
Motion Motion by Don de Reynier to approve Case 2006-681 including the 13 conditions from the staff with a modification to Condition #10
Second by Robert Giesse.
1. Adherence with all prior approved conditions and Resolutions applicable to the Arbor Square Development, except as herein modified.
2. 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.
3. Prior to final site plan approval, an access easement of 25 feet is required to connect to the development in the adjacent properties to the east.
4. Prior to issuance of a zoning permit, 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.
5. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
6. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil & Water Conservation District.
7. Prior to the issuance of zoning permit, applicant shall secure and submit a letter of approval from Deerfield Township Fire Rescue.
8. Detailed sign drawing is required for Stage 3 submittal, signs permitted as the following:
Two wall mounted signs with a total face area of 75 square feet.
One ground mounted sign with a maximum height of 7’ and 9’9”width including two feet stone base as shown above in Exhibit C-1.
9. Detailed landscape plan is required for Stage 3 submittal. The landscape plan shall incorporate the following:
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A mound of three (3) to six (6) feet high along Socialville Fosters Road with five trees (A) shall be planted 25 feet on center.
10. The maximum height of the pole mounted light fixtures shall not exceed 24 feet with no lenses protruding below the housing. Any building mounted lighting fixture shall not exceed 15 feet and shall be down directional with no lens protruding below the housing.
11. All roof-top mechanicals and light wells shall be screened from public view by parapet walls and from the right-of-way.
12. Dumpster enclosure material and color shall match the building material and color.
13. Compliance with the Warren County Subdivision Regulations, as applicable.
Roll Call Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes The motion was approved.
New Business Lois Mcknight said the Township is proceeding with the Comprehensive Plan but there are issues to be brought forward regarding our current code. There is a conflict with the way the code regulates the storage of recreational vehicles on residential property. Ms. McKnight said she distributed some information to the Commission showing how the current code reads along with a revised section from the zoning code update work of 2004. Ms. McKnight said this board would make a decision in February and send that to Warren County Regional Planning Commission for their recommendation. The Zoning Commission would hold a hearing and also make a recommendation. After that, the decision would go before the Deerfield Township Trustees. Dan Hendy explained to the board the reason for this text change. John Richardson said the Commission could comment on this by e-mail to Lois McKnight, then vote on this next month.
Adjournment Motion to adjourn by Scott Evans. Second by John Richardson.
Roll Call Vote all yes. Motion was approved.
__________________________________ ______________________________
John Richardson, Chair Person Date Marilyn Arnold, Secretary Date