MINUTES
CALL TO ORDER 7:00 John Richardson, Chairperson
ROLL CALL: Don de Reynier, Matt Evans, Scott Evans, Robert Giesse, and John Richardson, were present. Also present was township legal advisor, Dan Hendy.
Township Attorney, Daniel Hendy administered the oath to those giving testimony.
CASE #2007-068 Site Plan Review prior to Stage 2, bd’s Mongolian Grill, Mason-Montgomery Road and Bowen Drive
Staff Report Hayfaa Wadih explained the location of the proposed bd’s Mongolian Grill at northeast corner of Mason-Montgomery Road and Bowen Drive. They proposed a 5,894 square feet restaurant building. The plan showed a sidewalk surrounding the building and an outside patio at the southwest corner of the building. She described the plan including 115 parking spaces, 3 handicapped, a 10” x 25” loading area and dumpster pad screened by an 8 feet high masonry wall with a swing gate. She described the landscape plan, lighting plan, and signage. The façade shows the use of mixed materials including simulated stone base river rock and Minnesota blend and black anodized aluminum storefront system with insulated glass. There are stone pillars with Cedar framing and fascia with black metal roof panels simulating a black clay tile roof.
Warren County Soil and Water Conservation approved the plan with one suggestion. Deerfield Township Fire Rescue reviewed and approved the plan.
The current submittal for the restaurant is allowed with the previously approved site plan. Hayfaa Wadih said Staff suggested adding two more shade trees and additional Sea Green Juniper to achieve the landscape requirement. Staff also recommended the lighting be down directional with no lenses protruding below the housing. Regarding signage the Staff recommended applying the Stage 2 condition that permits two signs per one outlot and that the two signs may not be visible from any single point. Staff suggested a sign on the north elevation and south elevation but Staff would be agreeable if applicant wishes to place the signs on the east and west elevations instead. In the event of approval the staff recommended 14 conditions. She asked for questions.
Board Questions John Richardson asked about the no parking between the outlot restaurant buildings and Mason-Montgomery Road and Bowen Drive. Hayfaa explained showing photos of Building 8 and National City Bank. John Richardson asked if the green buffer area is 50 feet. Lois McKnight said there should be no parking between the buildings and Mason-Montgomery Road according to Stage 2 Conditions. “Prior to Stage 3, Final Detailed Plan approval by Deerfield Township Trustees, all outlots shall be subject to Site Plan Review by the Zoning Commission. Condition #23 “Subject to modified at Stage 3, there shall be no parking between the outlot restaurant buildings and the Mason-Montgomery Road and Bowen Drive.” John Richardson said that if this board decided to change that at Stage 3, they would be allowed. Matt Evans asked the minimum required number of parking spaces. The requirement is one space for each 100 square foot of floor area so that would be 60 spaces for that building. Matt Evans said they have more twice the number required. Hayfaa Wadih said our policy has been to allow more parking to avoid parking on the grassy area.
Don de Reynier was concerned about the Condition #11 regarding signage and that the word “cumulative” was missing. He said that the condition said in the Building 8 that “the maximum cumulative wall sign area for each outlot shall not exceed 150 square feet.” Hayfaa Wadih said they would add cumulative. Dan Hendy said the condition could be worded so the board could accomplish what is needed. Matt Evans asked the maximum height for the lights. Hayfaa Wadih said 24 feet.
Proponent Erin Fisher, 4716 Keeneland Run, Batavia 45103, represented bd’s Mongolian Grill. She said her husband and her moved here to open five of the restaurants in this area including Northern Kentucky. She said the concept is that you pick out fresh meat and vegetables and you take it to a cook to grill it for you. It is then cooked and delivered to your table. It is family friendly and the food is healthy. She said bd likes to get involved in the community. It is owned by Billy Downs.
Katie Bollmer, CDS Associates, 11120 Kenwood Road, 45242, representing the site engineer, she said they are requesting Site Plan Approval for a 5,900 square feet building which is 2,000 square feet smaller than what was originally approved in Stage 2. She said the parking has decreased also. She said they are agreeable to all of the conditions except Condition #11 regarding signage. They are concerned that the lack of signage may be detrimental to them in the very competitive Mason-Montgomery Road area. She said bd’s is also requesting a 1 foot by 3 feet directional sign. She asked for flexibility for the signage allowed and the parking. She pointed out other signs on other buildings in that area.
Katie Bollmer said the proposed landscaping would be exactly the same as Building # 8.
She said bd’s feel they would need the number of parking spaces. She said the parking ratio request is greater than the requirement, at 18 spaces per 1000 square feet per building area. She said they need the additional parking spaces. John Richardson asked for the total number of seats in the restaurant area. She didn’t have that information. John Richardson said an over abundance of parking is not always good. She distributed some drawings. She asked the board for questions.
Matt Evans said he had concerns about the number of parking spaces. Katie Bollmer said she didn’t have the data on the number of spaces they utilized in a day. There are 242 parking spaces. John Richardson asked if there are any shared parking agreements with any of the surrounding office buildings located near the site. Katie Bollmer said was not aware of any agreements. John Richardson asked about the square footage of the two wall signs. She said the two wall signs are 58 square feet each. John Richardson closed the public comment portion of the meeting.
Board Discussion Matt Evans said he is opposed to this number of parking spaces. He said he prefers the parking out front. He said he doesn’t like the amount of pavement on the parking lot and silt run off caused by it. He said he had no objections to the signage. John Richardson said he would like to limit the signage to 120 square feet total cumulative. Don de Reynier asked if bd’s have existing restaurants. He was told yes and
this one would be similar to the others. Matt Evans said he thought the turn over would be relatively quick.
Don de Reynier said Condition #4 should make sure that storm water management for the site meets the required Rules and Regulations. John Richardson asked about buffer yard percentages. John Richardson said a condition should be added that the buffer yard (open space) shall exceed 20%.
Motion Motion by John Richardson to approve Case 2007-068 including the 14 Conditions as suggested by staff, modifying condition #11 and including a new Condition #15 and #16 . Second by Don de Reynier.
Roll Call: Matt Evans-Yes, Scott Evans-Yes, Robert Giesse-Yes, John Richardson-Yes, Don de Reynier-Yes. The motion was approved.
20.01 General Requirements
Any building, structure or use of land, when erected or enlarged, shall provide for off-street parking spaces for automobiles in accordance with the following provisions of this Chapter. A parking plan shall be required for all uses except single family detached dwellings and two family dwellings. The parking plan shall be submitted to the Township as part of the application for the zoning certificate. The plan shall show the boundaries of the property, parking spaces, access driveways, circulation patterns, drainage and construction plans, boundary walls, fences and a screening plan, as appropriate.
Whenever a building or use constructed or established after the effective date of this Resolution is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Resolution is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, such building or use shall then comply with the parking requirements set forth herein.
In any residence district, placing a trailer, as
defined by this Zoning Resolution, shall be prohibited, except that one (1)
utility trailer and one (1) travel trailer or similar recreational vehicle and
one (1) boat on a trailer may be parked or stored in a garage or other accessory
building or rear yard, provided that no occupancy for human habitation is
maintained, or business conducted therein, while such trailer is so parked.
20.031 Parking of Recreational Vehicles, Boats and Trailers in Residential Districts
The parking of recreational vehicles, boats, and trailers in residential districts shall be subject to the following regulations:
A. If the recreational vehicle, boat, or trailer is parked or stored outside of a garage, it shall not be located within the front yard and shall be parked or stored no closer to the street than the rear foundation line of the house and shall be completely screened from view of neighboring yards and the public right-of-way by a solid fence, wall, or existing vegetative screen, not to exceed eight (8) feet in height.
1. Recreational vehicles and boats may be parked anywhere on the premises for loading or unloading purposes, for a period of not more than forty-eight (48) hours.
2. Parked or stored recreational vehicles and boats shall not be connected to electricity, water, gas, or sanitary sewer facilities and at no time shall this equipment be used for living or housekeeping purposes.
B. Tractor trailer parking, except the temporary parking for the delivery of goods and/or services, and the outdoor storage of tractor trailers shall not be permitted in Residential districts.
25.01 Parking of Recreational Vehicles and
Equipment, and Tractor Trailers in Residential
Districts
The parking of recreational vehicles and
equipment and tractor trailers in residential districts shall be subject to the
following regulations:
A. Parked or stored camping and
recreational equipment shall not be connected to electricity, water, gas, or
sanitary sewer facilities and at no time shall this equipment be used for living
or housekeeping purposes.
B. If the camping or recreational
equipment is parked or stored outside of a garage, it shall be parked or stored
no closer to the street than the nearest foundation line of the house and shall
be screened from view of neighboring yards and the public right-of-way by a
solid fence or wall not to exceed eight (8) feet in height.
C. Notwithstanding the provisions of
Subsection B, camping and recreational equipment may be parked anywhere on the
premises for loading or unloading purposes, for a period of not more that
forty-eight (48) hours.
D. Tractor trailer parking, except
the temporary parking for the delivery of goods and/or services, and the outdoor
storage of tractor trailers shall not be permitted in Residential districts.
3.851 Recreational vehicle shall mean a vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and is classed as follows:
(a) Travel trailer means a nonself-propelled recreational vehicle that does not exceed an overall length of thirty-five feet, exclusive of bumper and tongue or coupling, and contains less than three hundred twenty square feet of space when erected on site. "Travel trailer" includes a tent-type fold-out camping trailer as defined in Ohio Revised Code Section 4517.01 of the Revised Code.
(b) Motor home means a self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(c) Truck camper means a nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
(d) Fifth wheel trailer means a vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of four hundred square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(e) Park trailer means a vehicle that is commonly known as a park model recreational vehicle, meets the American national standard institute standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of four hundred square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.