MINUTES
CALL TO ORDER: John Richardson, Chairperson
Roll Call Scott Evans, John Richardson, Don de Reynier, Matt Evans, Alternate
Cherry Linder were present. Robert Giesse was absent. Also present was township legal council, Dan Hendy.
Minutes 05/14/07 Motion by Scott Evans to approve the minutes of 05/14/07 as written. 2nd by Don de Reynier. Roll Call Cherry Linder-Yes, Don de Reynier-Yes, Matt Evans-Yes, Scott Evans-Yes, John
Richardson-Yes The motion was approved.
Dan Hendy, Township Attorney, administered the oath to those giving testimony.
There was a motion by Matt Evans and second by John Richardson to table Case 2007-273 for the Carstar since the applicant was not here yet. The vote was all yes. The motion was approved.
Case #2007-280 Stage 2, Preliminary Site Plan Review for Jewish Hospital Medical Office Building, Mason-Montgomery Road
Staff Report Hayfaa Wadih described the request to build a 36,000 square feet 2 story office building on 6..7 acres along Mason-Montgomery Road. She pointed out the old 21,000 square feet existing building. She explained that the access was the same as the old building from Parkway Drive. She described pedestrian access, storm water management, and location of a planned retention wall. No landscape plan had been submitted but landscape isles would be 5.7 percent of the total parking area. No signage data had been submitted.
Ms. Wadih gave the various agency reports. She said a larger 45,000 square feet building was previously proposed attached to this older one. Since the adjoining property was zoned Residential Single Family a large buffer of 100 feet was planned. Now since the zoning of the adjoining property has changed from residential and is now the Deerfield Towne Center, the buffer could be smaller at 30 feet. The proposal shows encroaching into the old 100 feet buffer and removing 8 trees. This would create the need for a small retaining wall. Staff believed the replacement of the existing vegetation was important.
Their plan showed 70 more parking spaces than what the zoning code required. Staff thought the number of parking spaces was in excess and asked the applicant to provide justification for that with the Stage 3 submittal. The code requires 20% open space to be shown on the landscape plan for Stage 3 submittal.
Staff requested, per Warren County Resolution 94-637, that a sidewalk be provided along Mason-Montgomery Road between Parkway Drive and the existing sidewalk at the Deerfield Towne Center to the north.
A lighting plan would be required for Stage 3 submittal. Elevation drawings would be required at the Stage 3 submittal.
The applicant was concerned about Conditions 4 and 5 regarding a traffic impact study and the dedication of Parkway Drive. Staff suggested the applicant submit the appropriate information to the Warren County Engineer for evaluation of the access point. If the volume of traffic generated by the development results in the need for improvements then the applicant would be required to make those improvements. Staff suggested regarding Parkway Drive that the dedication is not necessary at this time but that Warren County Engineers and Deerfield Township remain committed to the extension of Parkway from Mason-Montgomery Road to Wilkens Boulevard in conformance with the Warren County Thoroughfare Plan.
The Zoning Commission shall approve, approve with modifications, or deny the submitted State 2 Preliminary Site Plan. In the even of approval, staff recommended the following conditions:
1. Compliance with prior Resolutions of record applicable to the subject property.
2. Approval of vehicular access and interior traffic circulation by the Warren County Engineer in conjunction with the Deerfield Township Fire Rescue.
3. Submission of a Traffic Impact Study (TIS), at developer expense, including traffic volumes, trip generation/distribution estimates form the existing and proposed facilities at the Mason-Montgomery Road intersection, to the satisfaction of the Warren County Engineer.
4. In compliance with Warren County Thoroughfare Plan, the dedication of public right-of-way for Parkway Drive (urban class collector), is required if one third or more of the total entire PUD development is planned for development.
5. Road improvements, in compliance with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, with appropriate latitude, within sound engineering principles, as determined by the Warren County Engineer.
6. Construction of six (6) feet concrete sidewalk on the property along Mason-Montgomery Road in compliance with what was approved for Deerfield Towne Center.
7. 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 and approved on the final plan.
8. Prior to the issuance of the Zoning Certificate, a letter of approval by the Deerfield Township Fire Rescue of the fire hydrant size, fire main size and looping fire hydrants and main, is required.
9. Compliance with the Rules and Regulations for the Design of Stormwater Management Systems, as determined by the Warren County Engineer. Due to the percentage of impervious surfaces, bio-retention, wetland pretreatment and/or extended detention will be required.
10. Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges associated with construction activities, as determined by the Warren County Soil and Water Conservation District.
11. Approval of an erosion and sediment control plan by the Warren County Soil and Water Conservation District, prior to issuance of the Zoning Certificate.
12. Compliance with Chapter 20, Section 20.03Q parking spaces requirements for Office Building unless information provided deemed necessary for parking spaces to exceed DTZR requirements.
13. Landscape plan is required for Stage 3 review and shall comply with Deerfield Township Zoning Resolution Chapter21, Bufferyards and Landscaping. The replacement of the eight (8) existing buffer trees by evergreen trees DTZR, Chapter 21, Plant List C) is also required.
14. Compliance with Chapter 22, Signs of the Deerfield Township Zoning Resolution, Light Manufacturing District which permits one ground mounted sign and one wall sign with the following requirements:
a. The maximum height for a ground-mounted sign shall be five (5) feet with a maximum area of 30 square feet.
b. The maximum height for wall sign shall be no higher than the wall on which it is erected with a maximum cumulative sign face area of 100 square feet. Wall sign square footage shall be computed by permitting up to one (1) square foot of sign area for each linear foot of building frontage.
c. Ground mounted signs shall be located on the same lot to which it is an accessory use and shall be located no closer than 10 feet from the right-of-way.
d. Wall signs shall be located on the building or structure to which it is an accessory use and shall not project more than 15 inches from the building wall.
15. A detailed lighting plan including photometric analysis is required with Stage 3 submittal. Illumination shall not exceed 0.2 footcandles along northeast corner of the site and along site boundaries zoned and/or used for residential purposes and the right-of-way. The total height of light fixture shall not exceed 24 feet.
16. Submission of building elevation drawings is required for final site plan.
17. All roof-top mechanicals and light wells shall be screened from public view and from the right-of-way by parapet walls.
18. Submission of revised preliminary site plans, at such time that additional development of the PUD site is proposed.
19. Parking lot to be setback a minimum of 50 feet from the east property line.
Board Questions Matt Evans asked how did the staff come up with the 6 feet sidewalk and how far would it extend? Ms. Wadih said it would extend to Parkway and would be like that sidewalk. John Richardson asked if this is a separate parcel? Ms. Wadih explained the lot. John also asked if all access to this lot would go through the old office parking lot. He was concerned about the safety issue of so many cars going through there.
Applicant Mike Hargis, 1838 Indian Hill, Ft. Wright, KY, with Paul Hemmer Companies, said they would design, build, and lease this building. He said they didn’t have anything to do with the roads. He said they have looked at the conditions and Mr. Al Miller was going to talk about some suggestions on Conditions 4 and 5. Allen, Miller, Vice-President of Planning with the Health Alliance, said they were concerned about the required dedication of Parkway to Wilkens. Mr. Miller proposed that if there were no further future development more than 1/3 or 34%, they would not have to finish the road. He said they would renovate the old building and perhaps add another one.
Don de Reynier asked how this building would differ from the old one. Mr. Miller said it would be the same. Mr. de Reynier asked why there was no concern about Warren County’s suggestion about the northern hill and vegetation. Ms. McKnight said that was there before the Deerfield Towne Center was in place so the neighbor to the north has changed. Mr. Hargis said the original building needs some work and it is owned by Jewish Hospital and this one will be owned by Paul Hemmer Companies. Mr. Hargis said they agreed that they would have to remove some old trees but they plan to put in a retaining wall and replace the vegetation. The new building would be built so that if the old building must be removed instead of remodeled they would have the proper location and enough room.
John Richardson asked if they had a concern about the patrons passing through the old parking lot on their way to the new building. Mr. Hargis said the majority of the parking would be up to the front and side of the building and the majority of the detention would be up front. Warren County said they would not allow another road cut to Mason-Montgomery Road. John Richardson asked Lois about there being too many parking spaces for the building and he said he would rather see cars parked behind the building and not close to the street. Mr. Hargis said they need 75 parking spaces for the employees and they have 240 spaces for both buildings.
Matt Evans asked about the property to the west and he wanted to know the boundary lines. Mr. Hargis explained and they looked at the map. Mr. Evans had some suggestions such as using the building as a retaining wall. Mr. Hargis said that system sometimes allows leakage into the building. Mr. Evans asked about the dumpster for the new building. Mr. Hargis said as long as the old building is being used, that would be the dumpster for both. Mr. Evans asked about sidewalks. Mr. Hargis said they have that shown on the Stage 3 plan and he explained that.
John Richardson asked about the 6 feet wide walking path along Mason-Montgomery Road, and how far it would be from the road. Lois McKnight said it would match up with the Towne Center and start at the property line. John Richardson said he liked the way the other developments along there sit back from the road. Mr. Hargis said the landscaping would soften the view. Scott Evans asked if the 25 feet main entrance would also be a construction entrance? Mr. Hargis said they will be allowed a temporary gravel construction entrance. Mr. Hargis told Don de Reynier that Warren County suggested he put a driveway around the back of the building and provide a parking lot on the north of the building. Warren County said this was a safety issue. He said on a Type 2 building that is not necessary. Mr. Hargis said they felt justified to locate the building as shown. He said they were attempting to have a campus look along the road. Matt Evans asked if he must put a guard rail along the retaining wall. Mr. Hargis said if the wall was above 48 inches they would be required to have one. He said they plan to put landscaping to buffer the wall. John Richardson asked the board for other questions. There were none. There were no citizens who wanted to speak about this case. Mr. Richardson closed the public portion of the meeting.
Motion by Matt Evans to approve Case 2007-280 including the 18 Conditions from the staff modifying Condition #4 deleting “is required for any future development on the property,” and adding “is required if one third or more of the total PUD (dated 2/1982) development is planned for development,” and adding Condition #19 “Parking lot to be setback a minimum of 50 feet from the eastern property line”. 2nd by Cherry Linder.
There was a motion by Matt Evans and second by John Richardson to “un-table” Case 2007-273 for the Carstar since the applicant was now here. The vote was all yes. The motion was approved.
Case #2007-273 Stage 2, Preliminary Site Plan Review for the Expansion of Carstar Kings Collision, 8849 Columbia Road, 45039
Staff Report Hayfaa Wadih described the request for an addition to the Kings Collision Center. She explained the location of the property. She said they showed 44 parking spaces to be added to the south of the proposed 100 feet by 140 feet addition. No landscape plan or photometric plan was provided.
Agency Comments The Warren County Regional Planning Commission reviewed the case and recommended approval subject to 12 conditions. The Warren County Engineer said the applicant must apply for access permit and evaluation of the drive location and development impact. Warren County Sanitary Engineer indicated both water and sewer services were available. Warren County Soil & Water Conservation said that an erosion and sediment control plan must be submitted and approved. Deerfield Township Fire Rescue required an auto turn area for a 40 feet school bus and must see proposed and existing fire hydrant locations.
Staff Findings Hayfaa Wadih said the proposed building was double the size of the existing facility. Due to the increase in size the engineer had requested the applicant apply for an access permit.
The proposed 44 parking spaces were less than the DTZR required. The code requirement was 30 feet for the side and/or rear buffer along the north and west side of the property.
The existing buffer to the west boundary was 40 feet and was to remain. The buffer to the north was 25 feet and since that is less than 30 required heavy screening to compensate.
The parking lot landscaping islands must be planted with trees and bushes. Three trees and 840 square feet landscaped isles were required.
There were currently one ground mounted sign and one wall sign on the property and that was what is allowed by DTZR.
The photometric analysis would be submitted in Stage 3. The current plan showed a dual head wall pack which should be limited to one head and shielded. The single head shown on the northwest corner should be eliminated due to the proximity to the existing residence.
Elevation drawings would be required at the Stage 3.
Ms. Wadih had some photos of the current building and area around the property. She said the current detention does not seem to be working and that the major concern in this area was storm water runoff.
The Zoning Commission shall approve, approve with modifications, or deny the submitted State 2 Preliminary Site Plan. In the even of approval, staff recommended the following conditions:
Ms. Wadih asked if the board had any questions. Matt Evans asked since this zoning was G-B, would they be expected to get a variance for the 25 feet setback which should be 30 feet. Hayfaa Wadih said ½ of the zoning was G-B and ½ G-B PUD; therefore they should apply for a variance for that half. John Richardson asked if the existing residence there had an entrance to Columbia Road. Matt Evans asked about the zoning history of the property. Ms. Wadih said this development was approved previous to Deerfield Township taking over zoning. John Richardson asked for the applicant to come forward.
Proponent Barry Burke, Foppe Technical Group, 6348 Simon Drive, Delhi Township, said he managed the civil engineering department. Mr. Burke apologized for being late. He said he had met with Hayfaa and Lois and learned about the history of the property. He said the rear property was a triangle shaped portion and was the PUD section of the General Business zoned property. He said he had gone through the Warren County Regional Planning meeting. He said Warren County had resolutions from 1979 and 1996 regarding this property. Mr. Burke said he visited the site on a Friday afternoon when the traffic there, was at its worst. He said he then understood the traffic concerns. He said even though the building size would increase, the employee vehicle increase would only be 3 or 4 cars. He said he had a question regarding Condition #7 relating to fire hydrant size and the water line. Hayfaa Wadih said Capt. Doug Wehmeyer, DTFR, could explain that to him. Mr. Burke said they would make sure the fire apparatus would be able to turn around. Mr. Burke said they would work to comply with all of the conditions. He said if the 25 feet setback would cause a problem they would be glad to go through the hearing to get that variance. He said the overall project would be a good one. He said he had no solution to changes or improvements to the entrance and existing system which was already in place.
The board voted to take a short break and then resume the meeting.
John Richardson asked if there were any concerned citizens who would be interested in coming forward to talk.
Concerned Citizens Frank Krailler, 8837/8839 Columbia Road, Underwater World, said there has been an on going drainage problem on his property over the years and the water has gotten in the back of the building within 2 inches of his pool. He said the storm water system there was not working. He said the water doesn’t flow as it should. It got worse when they improved Columbia Road. He explained that the designated retention pond was filled with soil so there was no space in it for water to stand. He said Carstar was aware of the problem. He asked for someone to redesign the method of drainage. Mr. Krailler said there are 3 pipes going into 2 pipes that goes into 1 pipe. He said he has a meeting planned with Warren County Engineers to try and help the situation. The triangle section of the property was where the storm drainage was supposed to be. John Richardson asked him if there was a drainage swale. Mr. Krailler pointed out on the map where the flow goes or is supposed to go. He explained that some of the pipes were clogged and some large pipes were supposed to flow into small pipes. He said the EPA came once and traced the water from Landen Lake up to Carstar and they could not determine where a particular problem was originating. He said the back of the property was like a swamp. He said he was for businesses and he was not against Carstar. He just said he wanted the storm water problem corrected.
Mark Thompson, 8902 Pollard Place, a nearby neighbor, asked for the perimeter fence to be repaired. He said there had been vandalism from children going back there and the fence may help the situation if it worked. He also asked for the dumpster to not be located near the property line.
Board Comments John Richardson asked if this board was allowed to regulate fencing. Dan Hendy said yes. Don de Reynier said the storm water system wasn’t working because it had not been maintained and he asked if this board could address this in the conditions. Dan Hendy said by doubling the size of the business that would bring changes. Mr. Hendy said it would be important for Warren County to look at that.
Scott Evans said this comes up at many meetings but there is no “as built” policy to follow up. Lois McKnight said Warren County Soil & Water Conservation hired a young man just this year to look at the developments in this area, Deerfield Township and the City of Mason. He would be inspecting the developments There was a schedule to visit various developments. They are working to improve that situation. Scott Evans said when you have those large pipes trying to drain into small pipes, it would not work. Mr. Krailler said there are three 24 inch pipes going into two 12 inch pipes of which one is collapsed and then that drains into one 12 inch pipe. Dan Hendy said the many neighbors who came regarding the proposed Russian Church all had storm water concerns. Mr. Krailler said the swale is 2 feet from the drain and there is no retention.
There was more discussion on compliance with the required setbacks. They talked about the location of the dumpster and that it should be on the south side of the building and screened. The existing fence should be repaired. There were no more citizens to speak so John Richardson closed this portion of the meeting.
Case #2007-313 Site Plan Review for exterior remodeling of Sonic Drive-In, 3105 W. Route 22 & 3 , 45039
Staff Report Hayfaa Wadih described the location of the subject property. She said the zoning was General Business. She also described the zoning of the surrounding properties. She explained the location of the drive through and parking areas of the building. Ms. Wadih listed all of the changes included in the remodeling of the building. The restaurant was built previous to the establishment of Deerfield Township Zoning.
Agency Reports Warren County Soil & Water conservation District stated that the developer would be required to have the Warren County Engineer evaluate the storm water detention basin to see if it would be adequate after the remodeling process. If the engineer required changes to the detention basin, staff recommended the developer include the plan for that.
Ms. Wadih distributed a photo. Matt Evans asked about signage.
Proponent John Haasman, 2454 Fishbrook Road, Hebron, KY, said they are requiring retro-fits on all of the stores. This store is being remodeled since it is an old store. Matt Evans asked Mr. Haasman if this was a national move on Sonic’s part? Mr. Haasman said Sonic was expanding into the Dayton, Cincinnati, and Columbus area in the next several years and they wanted this Sonic to look like the others. Matt Evans asked why from a procedure point why this board is reviewing this. Dan Hendy said there were reviewing because they were changing more than 25 percent. Matt Evans said it was more than a face lift.
Mr. Haasman said the basic framing would remain the same. All of the fascia would be replaced. The neon would be removed. Mr. Haasman said they are glad to be part of the community. John Richardson said there were no public for comments so he closed this portion of the case.
The Zoning Commission shall approve, approve with modifications, or deny the submitted Site Plan Review for the remodeling. In the even of approval, staff recommended the following conditions:
4. A letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Warren County Engineer’s Office for the site access, interior circulation, site improvement, and Stormwater Management Plan shall be submitted prior to issuance of the Zoning Certificate. The site plan shall accommodate additional right-of-way and or utility easement, if required, in compliance with Warren County Thoroughfare Plan.
5. A letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Deerfield Township Fire Rescue for interior circulation, emergency access, and location of fire hydrants shall be submitted prior to issuance of the Zoning Certificate.
Old Business Lois McKnight said they had their kick off meeting for the planning forum for the Comprehensive Plan meetings and 40 people showed up. She said she would continue to keep the Zoning Commission informed of the progress.
Lois reminded the board they had a text amendment to review concerning recreational vehicles and screening. There was some discussion. John Richardson said they did not want a 12 feet high fence to screen one of the vehicles. Lois McKnight said the code currently had no setback requirement for a driveway. Matt Evans said he had no problem with parking a camper on the property but he didn’t like the idea of it sitting on the property line. Don de Reynier said it must be screened. Matt Evans said now if there is a driveway next to the house, the concrete could go to the line. Dan Hendy said regulating the height might be easier than dealing with setbacks. John Richardson said he still thought of this area as a rural community. Lois said many neighborhoods have rules which were enforced by the HOA. John Richardson said they should be parked no closer to the street than the rear foundation of the house. There was more discussion on the definitions of side yards and rear yards. They also talked about corner lots. Lois said we do have some “convoluted” language in our code. Matt Evans said we could leave the specifics on the corner lot up to the Code Enforcement Officer. Lois said we could include the language “not to be located in side yard.” Dan Hendy it can’t be in the front yard and additionally it can’t be in front of the rear foundation so that would exclude the side yard. Don de Reynier said we could say “no closer to the street than the rear foundation.” John Richardson said that forces them if there is a side street, within the boundaries of the side of the house. Dan Hendy said it should read, “a recreational vehicle, boat, or trailer parked or stored outside of a structure or accessory building shall be parked or stored no closer to the street than the rear foundation line of the house.” Matt Evans said so on a corner lot where would he park it. More discussion started again. John Richardson asked if we should designate the distance to be stored from the property line.