Zoning Commission Minutes

PRESENT: John Richardson, Cherry Linder, Scott Evans, Matt Evans (entered 3 minutes late)

Also present was Wendy Moeller from McBride Dale Clarion and Deerfield Township Legal Counsel Scott Phillips.

MOTION John Richardson moved, 2^nd by Scott Evans to table the minutes of 02/11/07 until the next meeting.

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, and Cherry Linder. NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None. The motion was approved.

Scott Phillips, Township Attorney, administered the oath to those planning on giving testimony.

Case #2008-023 Stage 2 Preliminary Site Plan Review, Governors Pointe North Lot # 13

Staff Report Hayfaa Wadih explained the location and zoning of the site. She gave the history of the property. The plan showed four two story buildings. There were two buildings which were 15,000 square feet, buildings 1 and 2 along Duke Boulevard on the north side of the property. The other two buildings, buildings 3 and 4 on the south side of the property, were 12,500 square feet. Only one curb cut was shown. She explained the plan for pedestrian access, storm water management, dumpster enclosures, landscaping, signage, and the exterior elevations. Hayfaa said there are 31 parking spaces in access of what was required. Staff recommended approval including 17 conditions. Hayfaa asked for questions from the board. The conditions were as follows:

1. Adherence with all previous Warren County and Deerfield Township resolutions of record applicable to the subject property.

2. Approval of stormwater drainage plan by Warren County Engineer, in compliance with the Rules and Regulations for the Design of Stormwater Management Systems.

3. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for storm water discharges associated with construction.

4. Approval of site access, interior circulation and improvements by the Warren County Engineer, in conjunction with Deerfield Township Fire Rescue, per the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities and the Warren County Access Management Regulations.

5. Prior to final site plan approval, 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. Approval of an erosion and sediment control plan by the Warren County Soil and Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations, prior to earth moving activities.

7. Compliance with DTZR parking requirement unless applicant justifies the excess of parking spaces.

8. A modified landscape plan is required for Stage 3 submittal illustrating the landscape isles in the middle of the entry road.

9. Trash dumpster shall be in compliance with DTZR, Section 21.09.B as explained in the staff report and the enclosure materials shall match the building materials (painted tilt-up concrete wall).

10. A new design for the ground mounted sign is required for Stage 3 submittal. The size of the sign is acceptable as proposed. The wall signs shall adhere to DTZR computed by permitting up to one (1) square foot of sign area for each linear foot of building frontage.

11. Photometric plan is required for Stage 3 submittal; illumination shall not exceed 0.2 footcandles along the site boundaries and the right-of-way. The total height of light pole fixture shall not exceed 24 feet from ground level.

12. Fire lanes, as determined by the Deerfield Township Fire Rescue. Additionally, an Emergency Action Plan shall be developed in conjunction with the Fire Department, prior to final site plan approval.

13. Submission of revised preliminary site plans as development continue in Governor’s Pointe North is required with any future developments on the site.

14. Compliance with Warren County Subdivisions Regulations regarding any further subdivision of the subject site.

15. Provision of a pedestrian connection via sidewalk from the existing sidewalks on the south side of Duke Boulevard to the interior sidewalks of the site.

16. All roof-top mechanicals and light wells shall be screened from public view and from the right-of-way by parapet walls.

17. The developer shall submit a letter demonstrating compliance with the Simpson Creek Storm Water Matrix with Stage 3 submittal.

Matt Evans asked about a letter from the Warren County Engineer. Lois McKnight said he was looking at an earlier plan they submitted and the plan Hayfaa displayed on the wall was the final plan. John Richardson asked for the proponent to come forward to speak.

Proponent Rick Seaver, Kiesland Ltd.,11651 Lebanon Road, Cinti., OH, said this project was designed for office / warehouse. He said the number of parking spaces needed was not known yet, until they get a tenant. That is why they showed more spaces than they would most likely need. He said Warren County Engineers only allowed one curb cut on Duke Boulevard. John Richardson asked for board questions.

Cherry Linder said she believed there was a need for space for a tractor trailer to be able to turn around. Mr. Seaver explained the traffic flow in the parking lot. He said there were no loading docks. There were garage doors. There was more discussion. Matt Evans said it was laid out well as long as they could handle the storm water.

MOTION Matt Evans moved, seconded by Scott Evans, to approve Case 2008-023 including the 17 Conditions as suggested by staff, as recommended.

The motion was approved on the following vote: AYES: Matt Evans, Scott Evans, John Richardson, and Cherry Linder. NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None. The motion was approved.

Scott Phillips, Township Attorney, administered the oath to those planning on giving testimony.

Case #2008-031 Amendment to the Zoning Resolution establishing the Residential Transitional (R-TR) District

Staff Report Wendy Moeller, AICP, McBride Dale Clarion, said she has been working with the staff and she wanted to highlight some of the key findings. The goal was to provide a transition between Residential Single Family and Multi-family, Commercial, or Office. She said this amendment came out of the Fields-Ertel Corridor Study. The Transitional District allows Agricultural. The Residential Transitional allows 12,000 square feet lots, which is 2,000 square feet less than R-SF. She explained the new density. It allows two zoning districts under the same density. There were open space requirements. They encouraged open space in the developments and preservation of natural resources and the protection of streams. Under the current R-SF the maximum would be 3.75 units per acre or 26 on 10 acres with no open space. In R-TR you could do single family or duplex there and it would be 38 units on 10 acres but there would be a 30% open space requirement. Floodways and floodplains must be preserved. At least half of the units must be single family. The new code encouraged the preservation of streams. At least half of the single family units must be R-SF.

Matt Evans said this was extremely detailed. He said there was an unbelievable amount of open space requirements. He said when comparing this R-TR to R-SF, it gets very complicated. He said the amount of yard space was significant. Scott Philliips said they were trying to be sensitive. Matt Evans said this was very well written and amount of yard space was substantial. Lois McKnight said changes have been made since the initial rendition was done, and those changes are dated 03/10/08. Matt asked about setback requirements between accessory detached structures and the main building. He asked about encroachment into setbacks by overhangs, widows, etc.

John Richardson said he would like to hear first from those who own property in the area to be rezoned.

Proponent Rick Young, Henderson Bodwell, representing Erbeck Farms, said he would like to commend the township for taking steps to deal with the area along Fields-Ertel Road. He said that he would like to focus on the mixed residential area. He said this was a sensible approach. He liked the performance standards to keep a certain look. He wanted to address several issues. He said there were a lot of restrictions.

1) F – 1 C Unit limitations of buildings. They would like to see that increase.

2) Lower minimum lot size per building. They wanted 12 units per building instead of 6.

5) F – 7 A They wanted private streets to be allowed only with the establishment of a HOA.

6) F – 8 A Incorporate a sidewalk or paved pathway to be counted toward the open space requirement.

Concerned Citizens Zeke Zekoff, 9799 Snider Road, was concerned about the traffic. Road improvements should

come before more building would be allowed. He said he didn’t know about this meeting until last week.

Greg Pitstick, 5556 Squires Gate Drive, said he talked to people along Fields-Ertel Road and he had a petition. He said why have transitional because it is all R-SF. He said that he was not aware that these changes were being planned or considered.

Lois McKnight read a letter from Janet Fette, 5406 Fields-Ertel Road, and she said it would be a mistake to make changes now because her property has had zoning changed several times at the request of Warren County and Deerfield Township and she asked them to wait for the change. Lois also read a letter from Daniel Fette, 5354 Fields-Ertel Road, and he said he knew about the moratorium. He said he wanted to go on record in opposition of the zone change.

Heather Harwood, 5449 Old Farm Drive, was concerned that she lived on a stubbed off street and when they extend it to add the new zoning on the Erbeck property, how would that look when the new area would have different setback requirements from the old area. She liked their open space requirement but felt their yards were too small. She asked that mature woodlands be allowed to stay. She was against the change. Matt Evans asked her about the 50 feet buffer yard and Matt said there would be an additional rear yard set back on top of that. Matt said that both setbacks were required.

Faye Smith, 5474 Old Farm Drive, said this almost sounded like a PUD. She asked about restoration of open space with landscaping. Ms. Smith said they should be required to attempt to regrade it back to the original state. She said the new sewer line which was installed had a maximum capacity and changing this code would allow more density which could cause those calculations to become obsolete.

Betsy Kelley, Ohio Valley Development Council, said the 12,000 square feet lots were too large and the density is low for a transitional zone. She didn’t like the fact that the garage setback was behind the house. She asked the township to not regulate the streams by the zoning department. She said FEMA, Warren County Soil & Water, and the State of Ohio should be in charge of regulating streams. Matt Evans said it didn’t state that the garage should be behind the house. He said there should be more importance put on the main structure instead of the garage. Ms. Kelley said she didn’t think that was very practical.

John Gatsby, 5924 Bonnie Lee Lane, said he was on the edge of the rezoning area. He was concerned Bonnie Lee Lane would be extended. John Richardson said there was no submittal on road changes there. Mr. Gatsby said if you don’t know where the roads were going to be, how can we know if we like the plan or not.

Todd Hiners, 5562 Squires Gate Drive, said his biggest problem was that there was no buffer between single family. He asked why they need a transitional zone between R-SF and R-SF. He said they didn’t get proper notice.

Michael Seid, 9874 Whippoorwill Lane, said that streams should be regulated locally instead of being regulated by other branches of the government. He asked that they not allow any private streets within the new zoned area. He said he also had traffic and sewer concerns as well.

John Krugman, 5966 Timber Rail Lane, said that he hasn’t had time to review the plan. He said behind his house there was a driveway which goes back to the Erbeck property. He was concerned about this affecting the value of his home. Lois McKnight said the black line is the dividing line between the two zoning designations. John Richardson said the black line is not a public right-of-way or anything.

Brad Price, 5862 Timber Rail Lane, said he agreed that there is no need for private roads creating a “gated community.” He said the decision making process is all up to the Zoning Inspector to make all the decisions about this area. He said this is a complex zoning code and you are delegating all of the decision up to one person.

George Pitstick, 5915 Timber Rail Lane, he said regarding open space, open space is not a steep ravine or retention pond. He said it should be usable space. He said pine tree buffers were not open space. He didn’t like the changes he has seen in the resolution tonight. He said he had talked to many residents. He was concerned about Section 8 housing.

Rob Olsen, 8704 Charleston Woods Drive, was concerned the code didn’t have enough specifics. He said this was 100% R-SF and saw no need for a transition. He said this creates high density areas from what was already R-SF. He said we should make sure the transitional area is very limited. He said the condos along Wilkens were a good buffer between the Deerfield Town Center and the R-SF. He said the public needed more time to review this. He said the clean water act keeps the water clean but it doesn’t address the aesthetics. Mr. Olsen said aesthetically he wanted the preservation around streams. He said he opposed private streets.

Diana Halligan, 4071 Brookside Court, said she tested the water in Polk Run. There was a conservation easement along the sides. She had photos of the Polk Run area. She was concerned that Warren County may have to make changes on sewer treatment due to the volume of development if this zoning would be changed.

Tim Hershner, 8576 Lake Chetac Drive, Cinti., OH 45241, said on the 30% open space, he suggested that 30% would be a minimum. He said he would like to hear what the Fields-Ertel Road Corridor Study said. He spoke of the Nantucket Apartments, where they allowed the townhouses to serve as single family, even though they were attached. He said most people look at the attached as multi-family. He said the moratorium issue needed to be understood and explained if that was the reason this rezoning suggestion came up.

George Pitstick, 5915 Timber Rail Lane, said that the Warren County Regional Planning Commission said that sanitary sewer changes may occur with additional growth. He said that could be very expensive for the residents.

Narrend Patel, 9762 Sparrow Place, complained about people cutting through his neighborhood. He was concerned about the traffic issue and said the zone change would make traffic increase.

John Richardson closed the public comment portion of the meeting. Wendy Moeller said they had 3 days to revise and make sure they had everything which was required, G-3, and then there were 25 days after that to review. Scott Phillips said currently under the straight R-SF there were no design standards. This new zoning would add factors and introduce a concept which was not previously included giving more details for zoning to look at. This would not be taking authority away from the Zoning Commission but the opposite was true. John Richardson asked if the map changes would be for what is currently R-SF and he was told yes. Scott Phillips wanted to let the public know that these suggested changes from staff did not come up from “outer space.” A lot of time and effort was spent to get this far. The DTT have been doing a thorough study which Wendy’s firm did. The study was reviewed and the DTT adopted it. The current zoning doesn’t really match up with what was happening around it. This is the final chapter for a story which has been going on for almost a year now. Lois McKnight read from the study and she said this information has been on the township website for some time. Lois said from that study, came this new transitional district. Scott Evans asked who did the study. Lois said McBride Dale Clarion worked on this from May until November. Cherry Linder asked if they rejected keeping this residential. Lois said yes.

Matt Evans said many very good points have been brought up. He thought the comment about the extension of a street and the setback change was a valid concern. He mentioned the sewer demands and traffic concerns were valid considerations. Matt said if we were going to have higher densities we need to address that. Scott Phillips said the ORC would not allow traffic studies but some of the requirements could be done in agreements with the developer.

Matt asked if a comparison was done between the old R-SF zoning development and the new R-TR zoning and the impact on traffic and what could happen. Matt said in Mariemont they have the mixed use and it works very well. Wendy Moeller said she was sure about traffic and impact study, but regarding sewer, Warren County has the authority for that. Wendy said the over all density per acre only changes by one unit per acre. Lois said regarding the county’s control over traffic, they have control over access points and driveways. She said the developer must show that the development does not add to congestion. The county engineer has the authority. John Richardson wondered who has jurisdiction over Fields-Ertel Road. Matt Evans asked what part does this board play in this? John Richardson said we could table this for further study, approve it, or deny it. Matt Evans asked if architectural requirements go to a board or if they must go to the Zoning Inspector. Wendy said it is a more technical review. Scott Phillips said they could appeal to the BZA. John Richardson said he didn’t think the public haven’t had time to look at this, whether this is a real issue or a construed issue. John said he wants the elevations to come before this board. He questioned why we need a transition to such a large area. John said he would like to look at this some more. John made a motion to table this. Matt Evans asked if there is a time limit on this? Should we try and get feedback from the public. John said he didn’t want to put a time limit on this.

MOTION John Richardson moved, seconded by Matt Evans, to table Case 2008-031 in order to obtain more information, as recommended.

The motion was approved on the following vote: AYES: Scott Evans, John Richardson, Cherry Linder, and Matt Evans NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None. The motion was approved.

Lois McKnight gave instructions how to get the needed information from the Deerfield Township website.

MOTION John Richardson moved, seconded by Matt Evans, to take a 7 minute break.

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans and Cherry Linder. NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None.

MOTION John Richardson moved, seconded by Cherry Linder, to come back into session.

Scott Phillips, Township Attorney, administered the oath to those planning on giving testimony.

Case #2008-033 Amendment to the Zoning Map, rezoning certain properties from

Staff Report Lois McKnight described the area of the map which was under discussion for the zone change. She talked about 32 parcels which are along the Fields-Ertel corridor. Most of these lots are not in traditional subdivisions and most are larger than 1 acre lots fronting on Fields-Ertel Road. The areas are the lots which are a potential for redevelopment today. John Richardson asked for public comments.

Concerned Citizens Faye Smith, 5474 Old Farm Drive, asked if there was a definition for corridor. She said this would

open the door for developers to put large blocks of homes. She said she purchased her home 23 years ago knowing she

Greg Pitstick, 5556 Squires Gate Drive, he said he had signatures of concerned residents. We know there are transitional needs but there has been a violent reaction to the map. He said the condos along Wilkens made a good buffer. He asked the township to re-do the map.

Heather Harwood, 5449 Old Farm Drive, said they already they have transition condos. She stopped in several new condos which are currently for sale in the township and their sales are down. The have only sold 4%. She asked the board to not change the zoning.

Todd Hiners, 5562 Squires Gate Drive, said he moved here in 2001 and the change seems unnecessary. He said the community around Erbecks has wanted them to put more R-SF homes there. He said the transitional zone is not needed.

Brad Price, 5862 Timber Rail Lane, said the board should keep in mind that this is 2% of the township and people will question why. He said this is not needed and is being done too quickly. He wanted to understand the jurisdiction the Deerfield Township Trustees have. He was concerned they were going against the current Comprehensive Plan.

Rob Olsen, 8704 Charleston Woods Drive, said the point has been made that this so far exceeds transitional use. He said this map change extends a better part of a mile from Fields-Ertel. He wanted to keep R-SF west of Wilkens Blvd.

Zeke Zekoff, 9799 Snider Road, said with this density we will create gridlock. The traffic consideration should be a part of all of this.

Tim Hershner, 8576 Lake Chetac Drive, Cinti., OH 45241, was concerned that people get proper notice.

George Pitstick, 5915 Timber Rail Lane, said he talked to residents on Whippoorwill and Snider Road. He said they were concerned about access and severe traffic conditions. He said they need transitional zoning. He said at the last Deerfield Township Trustee meeting the trustees questioned why no more residents were involved.

Eloise Pitstick, 5915 Timber Rail Lane, she said the zone change would be close to her back yard. She asked about the Erbeck parcel and why could the other owners be excluded when the Erbecks are the only one who needed the change or rezoning. John Richardson closed the public portion of the map change discussion. John said he would want to table this case also.

MOTION John Richardson moved, seconded by Scott Evans, to table Case 2008-033, as recommended.

The motion was approved on the following vote: AYES: John Richardson, Cherry Linder, Scott Evans, and. Matt Evans NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None.

Scott Phillips, Township Attorney, administered the oath to those planning on giving testimony.

Case #2008-032 Amendment to the Zoning Resolution establishing the Business Transitional (B-TR) District

Staff Report Wendy Moeller, McBride Dale Clarion, said there is a map attached to the text in the sub-areas, for the Business Transitional Zoning. She explained the sub-areas. This would be a lot stronger code that what the old code had. She said there were guidelines to encourage the development. Access and circulation requirements would include sidewalks along the road. There are requirements for internal sidewalks. They would establish parking requiring continuous curbs around islands. It encourages shared or shadow parking. They encourage architectural guidelines. The signage requires individual letters and use of township logos. The bufferyard and landscaping requirements are improved. Maximum heights for lighting is established and maximum lighting.

Proponent Tom Tepe, Keating, Muething, Klekamp PLL, 1 East 4^th Street, #1400, Cinti., OH 45202, representing 9966 Kings Automall Drive (Petsmart), and Montgomery Crossing property, said that there hasn’t been enough time to review the information. The changes received this evening are quite extensive. He asked the board to continue the case so his client would have more time to review. One major issue is that his client was not contacted and notified that there may be zone changes. The title is not right because what are they transitioning from? Here the property is surrounded by car dealerships and retail. He said the zoning change could be very costly and give them a competitive disadvantage.

Joe Trauth, 1 East 4^th St. #1400, Cinti., OH 45202, representing Greg Malone, Casto, said that there are 60 plus changes in the 23 page document which he received this night. He said he didn’t believe this document would encourage reinvestment and redevelopment. He thought it would do just the opposite. He said he agreed with Mr. Tepe that the Waterstone development would not have the same requirements as this. One of the requirements was cross easements and Mr. Trauth said there is no way that they would be able to force cross easements but that can’t be forced on adjacent property owners.

Greg Malone, Casto, 8280 Montgomery Road, Suite 336, Cinti., OH 45236, said Casto has been doing business in Ohio over 80 years. They developed the Deerfield Town Center in the township. He said the own, lease, and manages 3 properties which are affected. The Kings Automall Shopping Center, the Petsmart Shopping Center, and Montgomery Crossing. He said they have developed 23 ½ acres in Deerfield Township. They have 24 small businesses and pay over $440,000 in real estate taxes. Other Casto developments in the township will be paying $2,000,000 in real estate taxes. He said they have not been included in the planning of this zone change even though he has multiple requests. He said they received these text changes 8 business days ago. He said they are forced to deal with these complicated issues in a public forum. He said they didn’t know how these changes would impact their people. The Deerfield Town Center would not be allowed under these new restrictions. The Deerfield Town Center development took over 1year and that was 2 parcels now this rezoning includes over 50 parcels and this is being pushed through in 22 business days.

Greg Malone explained changes in the new text and how it would affect his properties along Fields-Ertel. He explained the whole proposed Resolution and was negative about changes and their affect. John Richardson said since it was 11:00 he suggested this case be tabled.

MOTION John Richardson moved, seconded by Scott Evans, to table Case 2008-032 to April 14, 2008, as recommended.

The motion was approved on the following vote: AYES: Scott Evans, John Richardson, Matt Evans, and Cherry Linder. NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None. The motion was approved.

Case #2008-034 Amendment to the Zoning Map, rezoning certain properties from General Business (G-B) and

MOTION John Richardson moved, seconded by Matt Evans, to table Case 2008-034 until April 14, 2008,, as recommended.

The motion was approved on the following vote: AYES: Cherry Linder , Matt Evans, Scott Evans, and John Richardson. NOES: None. ABSENT: Robert Giesse and Donald De Reynier. ABSTAIN: None. The motion was approved.

New Business Lois McKnight the next meeting of the Planning Forum will be this Wednesday, March 12, and she said they are counting on residential input.

John Richardson asked Scott Phillips if the Deerfield Township Trustee can vote on these Text Change Resolutions and Map Changes even though those cases were not voted on tonight. Scott Phillips said he had not ever had this come up before, so he wasn’t sure.

Adjournment Motion by Scott Evans, second by John Richardson to adjourn at 11:06:00 PM

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DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, Suite 180

ZONING COMMISSION

7:00 PM – March 10, 2008