Meeting at 3292 US Rt 22 & 3               DEERFIELD TOWNSHIP

       ZONING COMMISSION

Deerfield Township Meeting Room               7:00 PM – AUGUST 14, 2006

   MINUTES

CALL TO ORDER:                   by Robert Giesse, Vice-chairperson

ROLL CALL:                             Scott Evans, Robert Giesse, Don de Reynier, Matt Evans, and Alternate Cherry Linder were present.  John Richardson was absent with notice.  Don de Reynier said that he would not be at the September meeting.  Also present was Daniel Hendy, township attorney.

Minutes                                     Motion  by Don de Reynier to table the minutes of 06/12/06.  2nd by Cherry Linder.

                                                  Roll Call Don de Reynier-Yes, Scott Evans-Yes, Cherry Linder-Yes,

                                                  Robert. Giesse-Yes, Matt Evans-Yes  The motion was approved.

Minutes                                    Motion  by Don de Reynier to approve the minutes of 07/10/06  2nd  by

                                                  Robert Giesse.

                                                  Roll Call Scott Evans-Yes, Cherry Linder-Yes, Robert Giesse-Yes, Matt Evans-

                                                  Yes  Don de Reynier-Yes  The motion was approved.

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

CASE  2006-392                     Kings Mall Site Plan Review, 4794 Fields-Ertel Road, Cinti., OH 45249                                  

Staff Report                              Hayfaa Wadih said the subject property was zoned General Business.  They plan to remodel the Kings Mall and include a 20,809 square feet Fresh Market in the former Gold’s Gym location.  She described the location of the property and the surrounding zoning.  She said the number of parking spaces shown on the plan was in compliance with the Deerfield Township Zoning Resolution.  Ms. Wadih described the landscaping, parking, stormwater management, loading, and signage for the site.  She said the staff recommended approval subject to 11 conditions.   

Ms. Wadih asked the board for questions.  Don de Reynier asked under the landscaping, substantial expansion is a 20% increase and this is not going to be substantial.  Ms. Wadih said, “Correct.”  Mr. Giesse closed this portion of the meeting and asked for the applicant to come forward.

Proponent                                Greg Malone, 9280 Montgomery Road, Cinti.,agent for the owner, introduced others here for the case.  Bob Garlock, Josh Rexhausen, and Erica Seaquist from Bayer Becker Engineers were also in attendance.  Mr. Malone pointed out the Toyota Showroom in the old Kroger location.  He explained how the old Gold’s Gym space would be enlarged and replaced by a Fresh Market.  Mr. Malone showed how the entrances and exits would stay the same but the old Gold’s Gym would be razed and enlarged to a 20,400 square feet Fresh Market.  A portion of the old shopping center would remain but be remodeled with aesthetic enhancements to coordinate with the Toyota showroom.  Landscaping features would be added to the front of the building and along the entrance driveway.  Mr. Malone discussed each condition from the staff.  He said regarding Condition #3, the Fresh Market stores display a lot of fresh vegetables outside.  On one side of the Oakley store it opens up and there is no wall between the parking lot and the products.  On Condition #4 regarding signage, there is a case already for the BZA in September because they  would not be in compliance with the sign code.  Mr. Malone said they need the larger signs for smaller tenants.  He said if the BZA submittal is not approved, Fresh Market will not be going in at this site.  Mr. Malone said some of these tenants have been here since 1988 and their signs may not be in compliance right now.  The short monument sign in front needs to be redone and Fresh Market would have a panel and 1 panel for each of the other 4 tenants.  The size would not change but the color must be re-done to coordinate with the Fresh Market color scheme.  He said on Condition #5, 6, 7, and 8 they would be in compliance.  Regarding Condition #11, if the bike path is good for the township they could do it.  Mike’s Car Wash has a concrete wall so the pathway would stop there.  Mr. Malone said he must get BZA to approve the signage for this to be affective.

Board Questions                    Matt Evans asked where the outside sales would occur.  Mr. Malone said it would be on the sidewalks on each side of the door but it is according to where they decide to put the front door.  Mr. Evans asked if the products would out there for permanent display or be taken in at night.  Mr. Malone said they would be taken in when the store is closed.  Mr. Malone said they have lease language which keeps things looking nice.  Lois said the Zoning Resolution regulates outside display and storage areas under Section 25.05.  We could just modify that particular condition to say that outside display areas must comply with 25.05.  Don de Reynier asked about Toyota having 24 feet of buffer and you have 19 feet because of an ATM.  Mr. Malone said he must have 300 or more parking spaces.  The green space and islands has taken some parking spaces.  Mr. Giesse said since there was no public to speak; he would close this portion of the meeting.  He asked for board discussion.

Discussion                            Cherry Linder said they should talk about the bike path.  Matt Evans said because of the retaining wall the path would have to go back into the parking lot.  Lois said they have spoken to the county about the path.  She said and maybe someone would want to ride bikes to get coffee or something.  They have considered putting the path along the road but the road may get widened and they aren’t sure yet of the location and the timing.  Ms. McKnight said the zoning permits would not be withheld because they hadn’t installed the  bike path.  Cherry Linder said she sees people walking to Target.  She asked would a sidewalk work and are there plans for a sidewalk.  Ms. McKnight said the pathway would take the place of a sidewalk.  Ms. Linder asked about the Toyota space and when Toyota will install a pathway.  Ms. McKnight said the bike path was a requirement but they have not installed it.  Rob Giesse asked how far along is the county on this plan.  Ms. McKnight said there is a request to get qualified firms to prepare a study of the improvements to that area. 

Mr. de Reynier said each condition should be discussed.  Don de Reynier said to delete Condition #3.  Mr. Giesse asked if this board could recommend approval of the signs to the BZA.  Daniel Hendy said this board could not make that recommendation to the BZA.  Don de Reynier said Condition #4 should stay as is.  There was some discussion on Condition #8, regarding the Ohio EPA.  Bob Garlock, Bayer Becker Engineers said said on Condition #8, if more than 1 acre is disturbed, we must do what the EPA asked but this site is smaller than that.  Greg Malone explained their loading provisions for the site and said since that area would be new construction the loading would be in compliance.  Greg Malone said if he is required to do any of the utilities, he must use the space in the landscaped area.  Rob Giesse suggested the last sentence in Condition #5 be deleted.  Mr. Giesse said Condition #10 should be deleted.  Matt Evans suggested changes to Condition #11.  There was discussion on Condition #11 regarding the bike path.  Matt Evans said the path can’t go in past the Car Wash since the retaining wall is along the right-of-way unless you increase the right-of-way.  Rob Giesse asked if there were more comments.

In the event of approval, staff recommended the following:  

  1. If lighting is to be added to the site, a lighting plan and a photometric analysis shall be submitted to ensure the lighting does not exceed 0.2 footcandles at the right-of-way.
  1. If wall mounted light fixtures are proposed, they shall be cut-off style to eliminate the light source from direct view.
  1. Signage shall be in compliance with Chapter 22 of the Deerfield Township Zoning Resolution.

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.

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.

6.        A letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Warren County Soil and Water Conservation District for Soil and Erosion Control Plan shall be submitted prior to issuance of the Zoning Certificate. The development plan shall also address the storm water quality controls as recommended by Warren County Soil and Water Conservation District.

  1. Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction activities.
  1. Compliance with loading provisions of Chapter 20 (Parking & Loading Regulations) of the Deerfield Township Resolution.
  1. There shall be a minimum of eight (8) feet wide asphalt bike path in compliance with Deerfield Township Concept Pathway Plan, location and timing of which shall be mutually determined in good faith by Warren County Engineer’s Office and Deerfield Township and the property owner.

Mr. Malone asked how does this site plan approval relates to the signage and the BZA.  Mr. Hendy said the BZA must approve a variance for your signage or you must be in compliance with Chapter 22.  Mr. Malone said what would he do with an approved site plan if the BZA doesn’t approve the variance.  Mr. Malone said there would be no Fresh Market if the variance wasn’t approved.  Lois quoted the Zoning Resolution which said the approved site plan would be good for two years.

Motion                                   Motion by Scott Evans to approve Case 2006-392 with the 9 conditions as modified  2n by

                                               Matt Evans.

                                               Roll Call Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, Cherry Linder- Yes,

                                               Robert Giesse-Yes  The motion was approved.

New Business                       Ms. McKnight said she would be unable to attend the regularly scheduled meeting of September 11th and asked the board if the date could be changed.  The board agreed to meet Wednesday, September 20th, 2006.

Old Business                        Ms. McKnight said regarding the site plan for the Toyota, the pathway was required.  She said both property owners were supposed to turn in a plan.  Dan Hendy said that would be a minor modification and Lois could write a letter to the property owner regarding the pathway. 

Adjournment                          Motion  by Matt Evans to adourn.    2nd  by Robert Giesse

                                                Roll Call Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes, Cherry Linder-

                                                Yes, Robert Giesse-Yes  The motion was approved.

__________________________________________________                     ______________________________________

Robert Giesse, Vice-Chairperson                                 Date                 Marilyn Arnold, Secretary                    Date

H:08_14_06.MIN