DRAFT
MINUTES
CALL TO ORDER: John Richardson, Chairman
present. Also present was township legal counsel, Bridget McGraw.
Minutes of Zoning Commission Meeting of 10/17/05
Motion by Don de Reynier to approve the minutes of 10/17/05. 2nd by Scott Evans.- Roll Call Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes The motion was approved.
Minutes of Zoning Commission Meeting of 11/14/05
Motion by Scott Evans to approve the minutes of 11/14/05. _2nd by Matt Evans
Motion _by Don de Reyier to approve the minutes of 01/09/06. _2nd by Robert Giesse - Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Abstained The motion was approved.
Administering the oath to those giving testimony by the Township Attorney, Bridget McGraw.
CASE 2006-017 Zone Change for Robertson’s Property, 1.5 acres, Corner lot on Mason- Montgomery Road & Old Irwin-Simpson Road
Staff Report Hayfaa Wadih said the case was a request to rezone the subject property from Residential Single Family to Neighborhood Business PUD. She gave the history of some proposed zone changes to the property. She described the 1.5141 acre property and the zoning of the properties of the surrounding area. Ms. Wadih told about the plan for parking, access, set backs, landscape buffer, and pedestrian access.
Agency Comments In January the Warren County Regional Planning Commission recommended approval for the rezoning request even though the staff recommended denial.
Staff Findings Regarding the compliance with the land use plan, the current request is not in compliance with the 1997 Deerfield Township Land Use Plan. Even though much of the plan has not been adhered to, the Deerfield Township Trustees still use this plan. The applicant has raised a question about The Child’s Place facility being commercial, and we believe that should be considered a different matter. She talked about The Village Church, Liberty Bible Academy, and The Child’s Place being conditionally permitted uses which are allowed under Residential Family Zoning. Regarding accessibility, there are only 2 points, both from Mason-Montgomery Road. The staff recommended denial of this proposal. Ms. Wadih asked for questions from the board. Matt Evans asked what would be considered a Neighborhood Business. Lois McKnight said a dry cleaner or a beauty salon would both be a Neighborhood Business. John Richardson asked for the applicant to come forward.
Proponent Jonathan Wocher, AICP, MdBride Dale Clarion, 5725 Dragon Way, Cincinnati, OH 45227, representing Ethan Allen Global said he knows the board has reviewed this property a couple other times. He said he has submitted a Stage 1 Plan. Mr. Wocher said Ethan Allen has a contract to purchase this property. He said the store would have limited hours. Mr. Wocher said that Ethan Allen is not the typical furniture store but more of an interior design studio. Products come from a separate warehouse. The products would not be stored here, just displayed here. He said this business would be a “low trip generator.” He said the peak hours of vehicles going to this store is not the same as the businesses around it. Mr. Wocher said the current R-SF zoning is not appropriate for this site. He said 3 houses could go on this lot but Mr. Wocher said there is no market for homes along Mason-Montgomery Road corridor due to the Deerfield Towne Center and other development along there.
He said this board is being asked to determine what is right for the Robertson property. Mr. Wocher said The Child’s Place day care is not a permitted use there. If it were a conditional use and if it were appropriately zoned, that commercial use would be our neighbor not R-SF. He said there are many issues which say this lot is not for R-SF.
He described the showroom and gallery. Mr. Wocher said this is an appropriate land use and by having the PUD it allows the board to have more control. He asked the board to approve this project. Mr. Wocher asked for questions. Don de Reynier said that Neighborhood Business allows businesses which are primarily used by the local neighborhood but this furniture store would go bankrupt if they only had support from the local residents. Mr. Wocher said it is not uncommon for Ethan Allen to locate in an area such as this. Mr. de Reynier said it does not seem like a Neighborhood Business. Matt Evans asked about environmental impact and how it would affect the residents to the south. Mr. Wocher said this development will generate no more traffic and the access would be from Old Irwin-Simpson Road. He said they have a landscape screen and the hours are restrictive. John Richardson asked if there were any more proponents. John Richardson asked for any opponents to come forward.
Concerned Citizens Faye Smith, 5474 Old Farm Drive, said she didn’t live in Montgomery Fields but she said she has been affected by decisions made by this board. Ms. Smith said she was worried about the “domino affect” and that some others may decide to seek other zoning if this board allows the zoning to be changed. She said she looked at the zoning code and read about General Welfare and felt like this zone change would not be for the General Welfare.
Steve Wendel, 4701 Woodland Drive, said we should be here to determine what is right for all of the property not just
the Robertson property. Mr. Wendel said this is all about money and they are not considering the welfare of the 100 families who would be affected by this change. Mr. Wendel said this is a bad development. He said there is no guarantee this business will stay in this building. He said this building is too large for this lot. Mr. Wendel said the board should not allow this zone change because it is not in the best interest of the residents.
Tonya Hines, 9041 Fields Drive, said this is a 15,000 square feet building and said this is as unacceptable for the neighborhood as the propsosed bank and the jewelry store. She said this neighborhood was here first. The Thompson Evers Group has been going door to door down the street trying to get other to sell. She said The Child’s Place is a school and is more pleasant and more harmonious with the neighborhood than many other uses would be. Ms. Hines said the Davidsons should be asked how hard they have tried to sell the property for Residential Single Family.
Linda McKeoun, 2937 Old Irwin-Simpson Road, said she lives across the street from this property and said she wanted
this board to know that she is not in favor of this zone change and development.
Mark Splawinski, The Village Church, 8936 Mason-Montgomery Road, said although this looks like a beautiful facility the way it sits on the property, the people at the church would be looking at the back. John Richardson closed the open portion of the meeting and asked the proponent to come back.
Michael Manes, Ethan Allen Drive, Danbury, CT 06813, said that most of their stores are larger than this one, 18,000-20,000 square feet. He said this is a good location for this type of business because of the Deerfield Towne Center being there. He said their current store near Fields-Ertel has been a temporary location. He said there would be UPS trucks coming and going but no delivery trucks for furniture. He said this would have the least commercial impact for this area.
Motion Motion _by Matt Evans to deny Case 2006-017. 2nd _by Scott Evans
Roll Call John Richardson-Yes, Robert Giesse-Yes, Matt Evans-Yes, Don de Reynier-Yes, Scott Evans-Yes The motion was approved.
Old Business Zoning Code Update.