Meeting at 3292 US Rt 22 & 3                DEERFIELD TOWNSHIP

ZONING COMMISSION

Deerfield Township Meeting Room             7:00 PM – April 10, 2006

MINUTES

        

CALL TO ORDER:                     John Richardson, Chairman

 

ROLL CALL:                             Scott Evans, John Richardson, Don de Reynier, and new alternate member, Cherry Linder were present. Matt Evans was absent with notice. Also present was Township Legal Advisor, Daniel Hendy.

New Business                          John Richardson asked about the expiration of Mr. Giesse’s term. Lois said the selection process is on going and we have received applications through last Friday. Lois McKnight explained that Robert Giesse’s term on the board expired March 31st but according to the Ohio Revised Code he is allowed to continue until a new person has been appointed.

 Minutes of Zoning Commission Meeting of 03/13/06

 

Motion                                     Motion by Scott Evans to approve the minutes of 03/13/06. There was a 2nd by Don de Reynier.

                                                Roll Call Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Abstained, Cherry Linder-Abstained. The motion was approved.

 Lois McKnight announced that the surrounding property owners were not notified as is our normal practice. She suggested another special meeting be held to hear this case. A notice will be mailed to surrounding property owners. There was discussion on which date to hold the special meeting. The board agreed to hold the meeting on April 27, 2006, at 7:00 PM. Mr. Richardson said following the discussion on this case tonight there will be a motion continuing this case to April 27, 2006, at 7:00 PM.

 

Township Attorney, Daniel Hendy administered the oath to those planning to give testimony.

 

CASE 2006-108                         The Woods @ Long Cove, R-MF PUD

 

Staff Report                             Hayfaa Wadih explained the location of the proposed 19.88 acre condo development. The plan calls for 26 condominium buildings with four (4) units per building. The density is 5.23 dwelling units per acre. She said the planned building setback is 35 feet and buildings would be 30 feet apart. The plan shows a swimming pool and a clubhouse. Two ponds are proposed for storm water detention/retention. A bio-infiltrations swale is proposed near the south end of the site.

 She described the landscaping plan and parking plan. She gave the agency reports. WCRPC recommended approval. Warren County Soil & Water Conservation District reviewed the plan and made comments. Warren County Water & Sewer Department indicated that there is sufficient capacity and pressure for water service and sufficient capacity for sanitary sewer. The Warren County Building Department suggested a geo-technical study be done at the developer’s expense prior to final site plan approval. Warren County Engineer’s had no comments. The Deerfield Township Fire Rescue orally approved the site but must submit a letter. Metropolitan Sewer District reviewed the plan and stated that sanitary sewer is not available for the development.

                       

Ms. Wadih reviewed the 23 conditions recommended by Staff as follows:

 

The Zoning Commission shall approve, approve with modification, or deny the submitted Stage 2, Preliminary Site Plan based on Section 19.06 of DTZR, unless additional information is deemed necessary to make an informed decision. In the event of approval, staff recommends the following conditions:

 

  1. Compliance with the rezoning Resolution (still pending as of this date), as determined by the Deerfield Township Trustees.

 

  1. Prior to issuance of the zoning certificate a letter of approval of points of intersection by the Warren County Engineer including turn lane, sight distance analysis and frontage improvements is required.

 

  1. Improvements shall comply 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.

 

  1. Approval of interior circulation, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department. Fire and rescue apparatus access shall be demonstrated, utilizing a 40-foot school bus template. “No Parking” sings shall be installed as determined by the Township Fire Department.

 

  1. Fire hydrant distribution, spacing, main size and looping, as determined by the Deerfield Township Fire Department.

 

  1. Prior to issuance of the zoning certificate a letter of approval of the stormwater drainage plan by the Warren County Engineer and compliance with the Rules and Regulations for the Design of Storm Water Management Systems shall be required. In order to address storm water quality, bio-retention areas, wetland pre-treatment and/or extended detention shall be provided.

 

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

 

  1. Prior to issuance of the zoning certificate a letter of approval of an erosion and sediment control plan by the Warren County Soil & Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations, prior to earth disturbance shall be provided.

 

  1. Submission of a Geotechnical Study, at developer expense, subject to approval by the Warren County Chief Building Official, regarding proposed building placement in locations associated with soils noted on Site Plan drawing C1 as being sloped C, D and E, prior to approval of the Stage 3 plan.

 

  1. Approval of an overall pedestrian circulation plan by the Deerfield Township Trustees, prior to final site plan approval. Sidewalk shall be installed along Wilkens Boulevard and Irwin Simpson Road.

 

  1. Compliance with Chapter 21 (Bufferyards and Landscaping) of the Deerfield Township Zoning Code. Transitional buffering along the western property line, as determined by the Deerfield Township Trustees.

 

  1. Approval of a detailed lighting plan by the Deerfield Township Trustees, prior to final site plan approval. Illumination along the western property line shall not exceed 0.2 footcandles, subject to photometric analysis.

 

  1. Trash disposal, including appropriate screening, shall be addressed on Stage 3, final site plan.

 

  1. Compliance with underlying residence Multi-Family (R-MF) zone required setbacks.

 

  1.  Compliance with Chapter 22 Subdivision Signs.

 

    1. One freestanding or wall sign shall be permitted per dedicated street entrance;
    2. The maximum height shall be five (5) feet;
    3. The maximum area shall be thirty (30) square feet;

 

  1. Compliance with Chapter 20 (Parking and Loading Regulations) of the Deerfield Township Zoning Code.

 

  1. Approval of submitted building elevation drawings by the Deerfield Township Trustees.

 

  1. Prior to final site plan approval, a homeowner’s association shall be created to own and provide perpetual maintenance for all common property and improvements.

 

  1. In compliance with the Warren County Subdivision Regulations, submission of an Alternative Record Plat, dedicating necessary public right-of-way, utility, drainage, and common access easements.

 

  1. A one-time fee charge of $15 per unit for all review and inspections is required to be paid to the Warren County Regional Planning Commission and is in addition to all other applicable fees.

 

  1. Approve directional signs for the development to keep the spirit and intent of a Planned Unit Development (PUD) zoning designation of the property. The developer shall prepare a schedule of directional signs for the entire development in compliance with Chapter 22 of DTZR.

 

  1. The landscape plan shall be revised to show October Glory Red Maple planted fifty (50) feet on center along Wilkens Boulevard, Irwin Simpson Road and along the south side of the development and submitted with Stage 3, detailed final plan.

 

  1. The landscape plan shall be revised to replace White Pine with another species from Plant List C Evergreen Trees of the DTZR.

 Mark Bruggeman, CDS Associates Engineering and Architecture Firm, reminded the board that CDS had been here before for Stage 1 and that this project has the same types of buildings as The Maples at Twenty-Mile Farm. He said on Condition #2 they have been working with Dave Mick to see whether additional turn lanes are required. He said on Condition #4 that they are working with the DTFR regarding fire hydrants and the school bus radius space for turning around. Mr. Bruggeman told the board that this product is geared to “empty nesters” and they don’t anticipate many children. On Condition #6 he said they will be in compliance and they are using the recommendations for storm water management from the City of Lebanon which was suggested as a guideline to them at the previous meeting. He said they will use bio-filtration and swales. Condition #10 they agree with the sidewalk construction along Wilkens but a sidewalk along Irwin-Simpson would go no where due to the future re-alignment of Irwin-Simpson Road. Mr. Bruggeman respectfully requested this item be removed. Condition #11, Mr. Bruggeman said Mr. Gates has met with the adjoining property owner and said they plan to add more buffering and landscaping materials along the westerly property line. He said they plan a berm and a two to three feet high keystone type fence along the property line. The intention would be to try and save the existing tree line along the westerly property line and utilize them and where there are no trees, add more trees. This effort would be to try and work with the property owner. They plan to add 33 trees.

 Mike Gates, Gridiron Development, 4455 Bethany Road, Mason, said his company developed The Maples at 20 Mile Farm down the street. He said he has met on several occasions with the neighbor, Mr. Freeman. He said one landscaping option for buffering was some type of pine, and Mr. Freeman thought the Arborvitae Evergreen would be better. Mr. Gates said the addition of the berm and keystone fence closes the gap between his house and the development.

 Mark Bruggeman, CDS Associates Engineering and Architecture Firm, said on Condition 15, they propose three signs, a monument type sign at Wilkens and Irwin-Simpson and then at the two entrances, placard type signs as part of the pillars. He requested that the total square footage of the three signs would be 60 square feet. He said on the landscaping materials, they agree to Conditions #22 and #23. He asked for board questions.

 John Richardson asked him regarding Condition #22 what size maples does he plan to use? Mr. Bruggeman said they plan for 2 ½ inch caliper. Don de Reynier asked him about density at Stage 1 and whether the size of the units has changed. Mr. de Reynier asked if the buildings would still be 30 feet apart because these buildings seem larger. Mr. Bruggeman said these are the same size units but the garages are larger. Mr. Gates said they made the garages a little larger for more storage. The living space has stayed the same.

 John Richardson said the 40 feet school bus template should stay in place because in the future more children may live there. Ms. McKnight said that the school bus turning radius allowance is the same for fire trucks. John Richardson asked about Condition #6 regarding the storm water management and bio-retention and whether this would this become a maintenance problem. Mr. Bruggeman said the plants being used in that area would be attractive and no water should be standing for long periods of time due to a 2% slope. He said these types of plants are made to absorb water. Don de Reynier asked about Condition #10, and sidewalks. Mr. Bruggeman said his company was involved in the Deerfield Towne Center and every plan called for the realignment of Irwin-Simpson Road. Ms. McKnight said when this issue came up at Regional Planning, they said that properties which front on Irwin-Simpson may not front there after the realignment. She said they do not know the timing which this re-location would occur. She said additional sidewalks have been installed from Squiresgate to Cottel Park and this would be an opportunity to eventually to get another piece of sidewalk to connect. Cherry Linder said if there is a change in the road, the developer would not have to pay to build another sidewalk after one has been installed with the development. Don de Reynier asked why the staff put that in as a condition. Ms. McKnight said they were following the indication which they received from Warren County.

 John Richardson asked for public comments.

 Richard Freeman, 5437 Irwin-Simpson Road, said he was concerned that neighborhood children may come over to his property and get hurt on the cliffs near the creek. He wanted a barrier. He said he would like dense evergreens planted close together in the buffer area all along the property line. He said from his house and barn out to Irwin-Simpson he will be losing his privacy. He was concerned about his property values. He said there are berms everywhere throughout the township and he wanted one. He explained the nature habitat his home has been over the years. John Richardson asked him about the 33 evergreens in the open area and if berming was discussed with Mr. Gates. Mr. Gates pointed out on the map, landscaping which has been planned. John Richardson said berming can kill old trees because if you cover the roots will too much soil, they will die. John Richardson said he would not vote for anything which would kill the old trees on the tree line. Mr. Richardson asked him if there is a current problem with children coming there from Squiresgate Subdivision. Mr. Freeman said there wasn’t a problem.

 

Faye Smith, 5474 Old Farm Drive, said she didn’t get notified. Mrs. Smith asked Mr. Bruggeman why they are removing the pond. She was told they are removing it and re-doing it to help with storm water. She asked him if he had to contact the EPA. She said the drainage goes to Polk Run. She liked the sidewalk idea for people to walk up to the park. She said nobody knows what is going on with the realignment of Irwin-Simpson Road. Mrs. Smith said the natural tree line being discussed is mostly on her property. She said on the west side she would like the lighting to be minimal. She said she agreed with the staff and said she not like White Pines.

 Township Attorney, Daniel Hendy administered the oath to those additional people planning to give testimony.

 Diana Halligan, Brookside Court, talked about the buffer yard. She compared this plan with Fox Hollow. They have a 58 feet buffer on 2 sides and an earth mound 6 feet high and 2 rows of trees on top. She said the condition should be more specific. She said the old trees should be evaluated and marked so the good ones could be preserved. Ms. Halligan said she was glad to hear they are using the City of Lebanon guidelines for storm water management. She said bio-filtration plants can be used for landscaping. She said she would like to see a more detailed green space report so we could see if the retention pond is added into green space requirement.

 Gary Rasmussen, 5520 Homecrest Lane, said he would rather wait to give his opinion at the next meeting on this case.

 John Richardson wanted to know why the Hamilton County Sewer would be considered. Mr. Bruggeman said they were investigating all their options and the property to the south is in the Hamilton County jurisdiction.

 Motion                                     Motion by John Richardson to table Case 2006-108 to April 27, 2006, at 7:00 PM. 2nd by Scott Evans.

                                                Roll Call Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Don de Reynier-Yes, Cherry Linder – Yes. The motion was approved.

 Old Business                        Zoning Code Update.

                                                Motion by John Richardson          2nd Don de Reynier

                                                Roll Call S. Evans-Yes, J. Richardson-Yes, R. Giesse-Yes, Cherry Linder-Yes, Don de Reynier-Yes. The motion was approved.

 Adjournment                            Motion Scott Evans 2nd Don de Reynier

                                                Roll Call J. Richardson-Yes, R. Giesse-Yes, Cherry Linder-Yes, Don de Reynier-Yes,

                                                S. Evans-Yes The motion was approved.

 ______________________________________________    ___________________________________________

John Richardson, Chairperson              Date                                Marilyn Arnold, Secretary                       Date

 H 04_10_06.MIN