MINUTES
CALL TO ORDER: John Richardson, Chairman, called the meeting to order.
ROLL CALL: Scott Evans, John Richardson, Robert Giesse, Matt Evans, and Don de Reynier were present. Alternate Leo Massaro was absent. Also present was Law Director, Andrew Gleason.
Minutes Minutes DT Zoning Commission Meeting of 07/18/05
Law Director, Andrew Gleason, administered the oath to those giving testimony in Case 2005-264.
CASE 2005-264 Stage 2 Site Plan Review for Deerfield Towne Center Phase II–Village Square
Staff Report Lois McKnight presented the staff report on the project including agency reports from Warren County Regional Planning Commission, Warren County Engineer, Warren County Sanitary Engineer, Deerfield Township Fire Rescue, and Deerfield Township Public Works. In the event of approval, Staff recommended 28 conditions be considered.
Don de Reynier asked about Public Works recommendation of no on-street parking.
Proponent C. Francis Barrett, Attorney with Barrett & Weber, 500 Center, 4th Street, Cincinnati, introduced Greg Malone-Casto Realty, Ricky Watson-Casto Realty, Wendy Johnson-Property Manager, J. R. Anderson-Anderson Realty, Bob Garlock & Ben Hurst-Bayer Becker Engineers, Gayle Frazier-Landscape Architect, Jeff Raser-Glaser Works, Mark Bruggeman-Traffic Engineer, CDS Associates, and Michael Lusk-Regal Cinema.
Greg Malone, Casto Realty, discussed issues in the Staff Review. On Page 4, the Warren County Regional Planning Commission unanimously approved this plan. On Page 5, regarding the comment from the Deerfield Township Public Works, he attempted to contact the Public Works Director but was unsuccessful. On Page 6 regarding the Traffic Generation Provided in Stage 1 and Proposed Building Size for Parcel B, the previous traffic study would be in affect and those guidelines would be followed. On Page 8 the office buildings and cinema should be considered as one when the parking and pedestrian pathways are considered. Mr. Malone explained the berm and pedestrian feature at Irwin Simpson Road and Wilkens Boulevard. This feature is a method of addressing some of the previous concerns of the Commission. Page 12 under lighting, there are no objections to the footcandles but Mr. Malone requested taller light poles than what the township suggested explaining the reason being the distribution of light. With regard to Condition #28 and the ownership of Parkway Drive, he said they own half of the right-of-way and the Health Alliance owns the other half. He has talked to Health Alliance about dedicating this right-of-way and they have verbally agreed to it. If they are unable to construct Parkway Drive in a timely manner, they can provide an emergency access way from Wilkens Boulevard.
Matt Evans asked about storm water management. Mr. Malone said when the 30 acre site was constructed, they allowed for the future development and storm water management for the whole site. Regarding Condition #21, when they get to Stage 3 on this development, they will confirm that detention will be sufficient for the entire site.
Concerned Citizens Faye Smith, 5474 Old Farm Drive, stated the project plan has improved since the last meeting but she had concerns about balancing the needs of the developer with the needs of residents, the size of the cinema compared to the lot, the setback of 50 feet for the cinema from Wilkens, and the number of cinemas within 15 minutes of the project.
Ms. McKnight stated the setback of 50 feet was approved on the Stage 1 Sketch Plan.
1. Compliance with all conditions of approval for the rezoning of the property, as stated in the February 15, 2005 minutes of the Deerfield Township Zoning Commission, and Stage 1 Sketch Plan.
2.
Approve the west side bufferyard along Wilkens
Boulevard as modified by the Applicant and hereby submitted as Preliminary Site
Plan and Preliminary Landscape Plan dated 7/20/05.
with any additional modifications as required by the Zoning Commission.
3. The placement of landscaping within any right-of-way (ROW) and/or Utility Easement/s shall require the approval of the holder of such ROW and/or Utility Easement pursuant to Deerfield Township Zoning Resolution Section 21.07. Written approval shall be submitted with the Stage 3 application.
4. All landscaping shall be maintained by a professional contractor, evidenced by an executed contract, in compliance with Section 21.05 (C) of the Deerfield Township Zoning Resolution.
5. Any part of the loading space, loading areas, and service areas shall be effectively screened from the public right-of-way (ROW) to avoid view from a six (6) feet level above grade. Such screening shall be reviewed in Stage 3, Final Detailed Plan Approval.
6. A Grading Plan shall be submitted for the entire site as a part of the Stage 3 Final Detailed Plan Review application.
7. Open space calculations shall be submitted to confirm organization of minimum amount of required open space and usable open space.
8. Signage shall be in compliance with the Deerfield Township Zoning Resolution, except for the following sign allowances:
a. Residential: Residential entry markers as shown on Sheet titled “Graphic and Markers” shall be allowed as proposed with the following provision:
i. All signs proposed along the public Right-of-Way (ROW) shall be located with minimum setback requirements as indicated in Section 22.02 (A) of Deerfield Township Zoning Resolution.
b. Office/Retail: Wall and projections signs as shown on “Graphic and Markers” shall be allowed as proposed. The ground mounted sign shall be limited to a height of 12 feet with a sign area of 62 square feet.
c. Cinema: Signage for this parcel shall be as shown on Sheet titled “Graphic and Markers” and “Building Elevation” with following provisions:
i. One (1) ground mounted sign shall be allowed, not to exceed 15 feet in height with a sign face area in proportion to the original submittal.
ii. One (1) wall mounted sign of 300 square feet of sign face area as shown on sheet titled “Building Elevations – Regal Cinema” shall be allowed including the two (2) five (5) feet in diameter “16”internally illuminated signs.
iii. Any sign proposed along the public Right-of-Way (ROW) shall be located with minimum setback requirements as indicated in Section 22.02 (A) of Deerfield Township Zoning Resolution.
9. No other signs shall be internally illuminated unless otherwise approved herein. Not withstanding condition #8, no freestanding signs shall be permitted including, but not limited to banners, pennants, streamers, reader boards, vehicular or trailer signs, snipe signs and bench signs. Directional and informational signs shall be allowed only if required to meet the governmental code requirements.
10. The project lighting as proposed on Sheet E1.00 dated May 5, 05 shall be modified to reduce lighting intensity not to exceed 0.2 lumen along Wilkens Boulevard, new Irwin-Simpson Road, and any portion of property line that abuts residential zoning and/or use. The maximum height of light post fixtures in Parcel C shall not exceed twenty-four (24) feet (including the base) and no lenses shall protrude below the housing except for approved decorative light post fixtures. Proposed wall mounted lighting fixture for Regal Cinema shall be subject to review and approval from Zoning Commission. Cut sheet of said lighting fixture shall be submitted with the Stage 3 application. The wattage of wall mounted lighting fixture is suggested not exceed 100 watt. All project lighting shall strictly comply with the approved lighting plan and lighting standards.
11. A separate sheet titled “Off-Site Improvement for the Pedestrian Connection to Deerfield Towne Center Phase 1” shall be included with the Stage 3 submittal showing all proposed off-site pedestrian improvements to be reviewed by the Community Development Department in coordination with the Warren County Engineer, Warren County Soil and Water Conservation District, and Deerfield Township Fire Department.
12. The location of all sidewalks as shown on the Sidewalk Plan shall be subject to review and approval from Warren County Engineer’s Office, Deerfield Township Public Works, and Deerfield Township Community Development Department.
13.
The neon tube lighting
as shown on the cinema front elevation is acceptable provided it is not
installed as exposed neon tubing.
14.
The use of sidewalk area within the retail portion
of the development for outside sale or merchandise display shall be in
a safe and clean manner and not restrict pedestrian movement along
the sidewalk and defined pedestrian ingress/egress areas.
15. All the roof-top mechanicals and roof-top light wells shall be screened from public view by parapet walls, as viewed from any adjoining public right-of-way (ROW).
16. Compliance with the Warren County Official Thoroughfare Plan.
17. Road improvements, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Trustees, in compliance with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities. Dedication of right-of-way (ROW) shall be as required by Warren County Engineer’s Office.
18. Any changes to the approved points of access and interior circulation shall be reviewed for approval by the Warren County Engineer’s Office and the Deerfield Township Fire Department.
19. Any changes to the approved fire hydrant distribution, spacing, main size and looping, shall be reviewed for approval by the Deerfield Township Fire Department.
20. Approval of stormwater drainage plan by the Warren County Engineer’s Office and Henderson and Bodwell in strict compliance with all governmental regulations including, but not limited to, the Warren County Rules and Regulations for the Design of Stormwater Management Systems, Simpson Creek/Landen Lake Watershed Study and Model, United States Army Corps of Engineer’s regulation, and United States Environmental Protection Agency regulations.
Parking lots shall be drained using best management practices for quality. The area required for these shall count towards the required parking lot landscaping. Any conflicts between the requirements of best practice planting in bio-infiltration areas and planting requirements of the landscaping chapter of the Deerfield Township Zoning Resolution shall be resolved by the Deerfield Township Community Development Director. The bio-infiltration measures shall not be required to reach any numerical target.
21. The Stormwater Drainage Plan shall be approved by Henderson and Bodwell based on the Simpson Creek Stormwater matrix. All future improvements shall substantially comply with the approved Stormwater Drainage Plan. All the future improvements shall provide a letter of approval from the Warren County Engineer’s Office and Henderson Bodwell for use in the Stormwater matrix.
22. Erosion and sediment control, as determined by the Warren County Soil & Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations. Additionally, stormwater quality controls are required. Bio-infiltration and extended detention as per NPDES general permit shall be required.
23. Compliance with Warren County Subdivision Regulations.
24. Approval by the Warren County Water and Sewer Department for adequate pressure and capacity in those systems
25. All project landscaping shall substantially comply with the approved Landscaping Plan.
26. The entire project shall substantially comply with the approved Sidewalk Plan.
27. Signage prohibiting parking shall be placed on Quincy Court, Leland Court, Newberry Alley North and South, Charles Drive, Hayden Alley North and South, Boylston Drive and the access road parallel to Beacon Street. Signage on Quincy and Leland shall be adjacent to the approved parking spaces.
28. Prior to the issuance of the Zoning Certificate, an agreement shall be drafted between affected property owners and approved by the Deerfield Township Law Director concerning the construction of Parkway Drive or other means of emergency access to Wilkens Boulevard as approved by the Deerfield Township Fire Department to ensure that the roadway is installed prior to any construction south of the Common Wealth Boulevard entry.
Roll Call Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes,
Robert Giesse-Yes The motion was approved.
Motion by John Richardson to take a 5 minute break. 2nd by Scott Evans. Vote was unanimous yes.
Motion by John Richardson to come back into session. 2nd by Scott Evans. Vote was unanimous yes.
Law Director, Andrew Gleason, administered the oath to those giving testimony in Case 2005-028.
CASE 2005 -028 Site Plan Review, Lot 21, Arbor Square North
Staff Report Mayank Kumar presented the staff report including agency comments from Warren County Engineer, Warren County Sanitary Engineer, Warren County Soil & Water Conservation District, and the Deerfield Township Fire Rescue. Specific items within the report included: future Curb Cut to Wilkens; buffering Harbour Watch Condos; compliance with Stage 2 approved size of building; compliance with Stage 2 parking; and landscaping. In the event of approval, Staff recommended 10 conditions for consideration.
Matt Evans asked Mr. Kumar about the extension of Wilkens Boulevard and the possibility of signage at that location.
Proponent Dean Miller, Developer, Miller-Valentine Group, introduced his team, Jim Hawthorne from Hawthorne & Associates and Mike Lang from CDS Associates. Mr. Miller discussed the conditions of approval proposed by Staff, specifically Condition #2, they would like to have a sign on Wilkens Boulevard when that road goes in; #3, the center of the circle is a decorative design feature and he believes it is not necessary to make it one way and asked that the “a” and “b” on Condition #3 be deleted; #5, he asked that the 9 x 18 size parking space be allowed; #6, he has concerns about the 3 to 6 feet high mounding because of the space required for it which would impact parking; and #7, he said they believe they have planned some attractive buildings and chose materials which they thought would be “compatible with” the Arbor Square Shopping Center but not necessarily match the center.
Mike Lang, CDS Associates, said that the parking lot is a lower grade than Socialville-Fosters Road. They are planning a mound with landscaping 3 to 4 feet high along the parking lot. In any area which the mound was lower they would put additional plantings on the mound to make it higher.
Don de Reynier commented that the amount of parking is twice what is recommended by the code. Mr. Miller said medical offices require more parking than other offices.
Matt Evans asked about the parking spaces. Mr. Miller said they tried to disperse the parking spaces around the development.
Discussion was held on the traffic flow within the site and the proposed number of parking spaces.
There was no Public Comment.
a. Vehicular movement in the “roundabout” shall be limited to one-way traffic.
b. One-way traffic shall be required between the entrance to Wilkens Boulevard and roundabout.
c. A minimum of twenty-four (24) feet wide driveway shall be required between the perpendicular parking space and the landscaping island for one-way traffic between the Socialville Foster entrance and roundabout. An eighteen (18) feet wide driveway between parking and landscaping island shall be allowed if the parking is angled parking with 60 degree or more.
d. Reconfigure the eastern most parking stalls, east of the north dumpster pad, for proper vehicular circulation.
New Business
Law Director, Andrew Gleason, administered the oath to those giving testimony in Case 2005-447.
CASE 2005-447 Stage 2, Site Plan Review, Deerfield Crossing
Staff Report Mayank Kumar presented the staff report including agency comments from Warren County Regional Planning Commission, Warren County Engineer, Warren County Sanitary Engineer, and Warren County Soil & Water Conservation District. In the event of approval, Staff recommended 24 conditions.
Staff Findings
Parking & Loading – Graeter’s- code required 37/ proposed is 38, Hotel -code required 104/proposed is 104, and Office- code required 300/proposed is 474 One loading space is shown for each use which is in compliance.
Open Space - The staff suggested an additional 8.66% of open space to achieve the requirement.
Landscaping – Mayank Kumar said that now calculations or count of trees has been provided. Mr. Kumar said in order for them to comply with the Deerfield Township Zoning Code there must be buffering along the west property line, along Natorp Boulevard, perimeter landscaping, and parking lot landscaping. He said the proposed buffering along the north property line for the hotel site is acceptable. The remaining site landscaping requires screening of the loading space, dumpsters, and any service or utility structure.
Sidewalk – A minimum 6 feet wide sidewalk is required along Natorp Boulevard. A mid-block pedestrian crosswalk along Natorp Boulevard is required. Streetscaping elements such as textured concrete crosswalks, decorative lighting fixtures, and benches are encouraged on the Graeter’s and hotel site.
Signage – The Graeter’s site shall be allowed 2 wall mounted signs, one on south side and one on east side of the building. The hotel shall be allowed 1 ground mounted sign and 2 wall mounted signs. On the office site only directional and informational signs shall be allowed.
Lighting – The maximum height of light post fixtures shall be 24 feet. The allowed height for any building mounted light fixture shall not exceed 15 feet. All lighting fixtures shall be full cut off except for decorative lighting fixtures. The lamination level must not exceed 0.2 footcandles.
Applicant Dave Wright, Duke Realty, thanked the board for allowing them to be here and introduced others, Rich Graeter from Graeter’s, Frank Raeon, Mike Finn from PFB Architects for Graeter’s, Greg Lang from Centerline Architects, for the Hotel. Mr. Wright said they came tonight to allow for the modification to the PUD by allowing Graeter’s to come to this site making this a mixed use site. He discussed the Staff’s recommendations with the following comments:
#2 - he would like to eliminate the reference to the WCRPC. Mr. Kumar said this language is coming from the Planning Commission but you don’t have to go back to the Planning Commission. Ms. McKnight said that condition is there to tie that back to the source where it came from.
#14 - what are the requirements for submittal? Mr. Kumar said in Stage 3 they must provide a line drawing of the proposal and then submit samples of materials to be used and color renderings.
#17 - there is a 60-70 feet right of way on Duke Boulevard and there would be ample screening. The building will be 200 feet from Wilkens Boulevard. Mr. Kumar said those conditions are for typical minimum landscaping when a parking lot abuts a public street. Mr. Wright said he would like some language added to allow for mounding.
#20 - regarding the Pedestrian Plaza, Mr. Wright questioned the size required. Mr. Kumar said we would be looking for something similar and equivalent to what is described in Condition #20.
#23 - the Graeter’s sign is unique, not be the same as Carrabba’s or Copeland’s, since the Graeter’s store would be located off the main road. He requested a 5’ x 7’ sign.
Mike Finn, PFB Architects, said when they were looking at the Graeter’s project and they realized they would only have 2 signs they were surprised. He said most people from Cincinnati know what you get at Graeter’s but people from out of town would not know what Graeter’s is all about. That is why they said they need that information on a tastefully done, ground-mounted sign. That was their argument for asking for that ground mounted sign.
Matt Evans asked about the location of the handicapped access on this site. It is shown in the back. There is a sidewalk shown to the back of the structure. Mr. Finn said the 2 entrances are on the back. The one on the east is the entrance to the back. Mr. Finn said the sign on the east is an access out to the patio. When people are at the Amerisuites and at the hotel look out he wanted them to know that Graeter’s is there. Matt said he was concerned about the handicapped entrance. Mr. Finn said that on Stage 3 there will be more detail and you would be able to more easily discern where that will be.
Mr. Richardson asked for public comment. There was none.
The Board of Zoning Commission shall approve, approve with modification, or deny the submitted Site Plan Review based on Section 19.06 © of Deerfield Township Zoning Resolution, unless additional information is deemed necessary to make an informed decision. In the event of approval, staff recommends the following conditions:
1. Adherence with all prior approved regulations applicable to the subject property.
2 The Deerfield Crossing traffic impact study (TIS) shall be updated at developer expense at a reasonable time as determined necessary by the Warren County Engineer’s Office. Developer participation in the proposed Mason Montgomery Road widening project as recommended by Warren County Regional Planning Commission.
3 Approval of site access, sight distance, and interior vehicular circulation, prior to Stage 3 Final Detailed Plan Approval, by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department. An auto turn analysis shall be included in the Stage 3 submittal to justify adequate fire apparatus movement using a 40 foot school bus template.
4 Compliance 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.
5 Approval of stormwater management and compliance with the Rules and Regulation for the Design of Storm Sewer and Stormwater Management Systems, as determined by the Warren County Engineer prior to Stage 3, Final Detailed Plan Approval. Due to the large percentage of the site proposed with impervious surfaces, post construction stormwater quality must be addressed.
6. Compliance with Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction and post construction water quality run off.
7. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil and Water Conservation District. Bio-retention areas, wetland pre-treatment and/or extended detention shall be required for permanent on-going stormwater and shall be reviewed in Stage 3, Final Detailed Plan Approval process.
8. Wastewater flow is limited to 3,740 gallons/day/acre. It is the owner’s responsibility to extend sanitary sewer to the property.
9. Prior to final plat approval, 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.
10. Prior to Stage 3, Final Detailed Plan Approval, applicant shall provide plans for water mains, hydrants and pumps (as necessary) for review to Deerfield Township Fire Department.
a. A minimum of twenty (20) feet wide bufferyard shall be required along Wilkens Boulevard in compliance with Section 21.10 of Deerfield Township Zoning Resolution. The planting material in the said bufferyard shall include a row of trees and a double row of hedge or a double row of staggered evergreen trees per Section 21.10 of Deerfield Township Zoning Resolution.
b. A minimum of 6½ feet wide buffer shall be required between the parking spaces and any public or private street. Said bufferyard shall be placed outside the fifteen (15) feet utility easement and shall include a row of trees planted @ thirty (30) on-center along with a row of three (3) feet high bushes planted @ three (3) feet on-center.
c. Perimeter site landscaping along the parking lot for rest of the site shall includes a row of trees planted @ thirty (30) feet on-center along with a row of three (3) feet high bushes planted @ three (3) feet on-center. A combination of minimum 3 feet high mound and bushes shall be acceptable in lieu of a row of bushes.
d. Parking lot landscaping shall require a minimum of five (5) percent of vehicular use area to be developed as parking lot landscaping islands. These parking lot landscaping islands shall be planted with trees and bushes. The count of trees shall be one (1) tree per 5,000 square feet of impervious area.
e. The buffering along north property line for Hotel site as shown on Landscape Plan dated 07-01-05 is acceptable.
f. All service and utility structures including loading docks, and dumpsters shall be screened in compliance with Deerfield Township Zoning Resolution. Any existing vegetation along north property line and Natorp Boulevard that is not to be disturbed should be identified as such on the Landscaping Plan.
g. A planting schedule shall be shown on the plan identifying the species, type, and size of all proposed plantings at the time of installation.
a.
The Graeter’s site shall be allowed two (2) wall
mounted signs, one on south elevation and the other on east elevation. The size
of said wall mounted signs shall not exceed 26 square feet (south elevation) and
18 square feet (east elevation) respectively. No One ground
mounted sign ,not to exceed 35 sq. ft. based on the elevation drawing
dated July 26, 2005, shall be allowed for this site. Any exterior
graphic area shall be subject to Stage 3 review and approval process.
b. The Hotel site shall be allowed one (1) ground mounted sign and two (2) wall mounted signs. The ground mounted sign shall be maximum seven (7) feet high with a maximum thirty (35) square feet of sign face area. The design of said ground mounted sign shall be subject to Stage 3 review and approval process. Out of the two (2) permitted wall signs, one shall be installed on south elevation and the other shall be installed on east or north elevation at the discretion of the applicant. The wall sign on the south elevation shall not exceed 150 square feet in size and the other sign shall not exceed 96 square feet in size.
c. No signage for the office site shall be allowed for identification and/or advertisement of individual tenants. Only directional and/or informational signs shall be allowed including any ground mounted sign which shall be reviewed and approved during Stage 3 process.
Old Business
Zoning Code Update
New Business There was some discussion by the board about expressing to the Deerfield Township Trustees their process of decision making.
ADJOURNMENT Motion by Scott Evans to adjourn 2nd by Robert Giese.
The motion was approved.
___________________________________________________ ______________________________________
John Richardson, Chairperson Date Marilyn Arnold, Secretary Date
H 08_15_05.MIN