Meeting at 3292 US Rt 22 & 3                DEERFIELD TOWNSHIP

ZONING COMMISSION

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

MINUTES

CALL TO ORDER:                     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. Also present was Assistant Law Director, Daniel Hendy.

Minutes of Zoning Commission Meeting of 05/08/06

Motion by Don de Reynier to approve the minutes of 05/08/06 as written.

                                                 2nd _by Scott Evans.

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

Minutes of Zoning Commission Meeting of 06/12/06

Motion by Robert Giesse to continue the recommendation on the minutes of 06/12/06 to the next regularly scheduled meeting.  2nd by Scott Evans

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

Assistant Law Director Daniel Hendy administered the oath to those giving testimony.

CASE #2006-257                       Landen Ace Hardware, Site Plan Review, 2898 Landen Drive W, Maineville

                                                                                   

Staff Report                             Hayfaa Wadih explained the plan for 2,000 square feet Garden Center addition for the Ace Hardware Store to open soon in Deerfield Township. She showed photos as she explained the location of the Garden Center. She said the staff recommended approval including 2 conditions regarding possible future lighting and limitation on outside storage.

Mr. Giesse asked the Zoning Commission if they had questions. There were none. He asked for any proponents to come forward.

Bill Schalk, KDE Architects, 9561 Country Trail, Loveland, OH 45140, noted that parking spaces will remain and they will not eliminate any parking spaces or change the traffic pattern. A former drive-thru area will be removed and replaced with grass.

Don de Reynier asked what the Garden Center would look like in the winter. Mr. Schalk said they had no discussion with him on what would occur there in the winter.

Matt Evans asked him if there would be any canopies added. Mr. Schalk said no there is already an overhang on the shopping center.

Don de Reynier asked if storage would be a problem with this type of arrangement. Ms. McKnight said any storage or display which would be outside the fenced area could be a problem. Mr. de Reynier said in our Zoning Resolution, 25.05 A 4, states that items should be screened by an opaque fence not to exceed 8 feet in height. Ms. McKnight said accessory uses are permitted within the General Business District and the Garden Center would be an accessory use. Mr. de Reynier didn’t want this to become an “eyesore.”

Mr. Giesse asked for more questions. There were none. There were no public comments.

Discussion                                Discussion was held on potential problems with out of season storage in the garden center area. The Commission agreed to the original 2 conditions with a change to Condition #2 and added a 3rd condition.  

Motion                                     Motion by Matt Evans to approve Case 2006-257 with 3 Conditions. 2nd by Don de Reynier

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.

 2)       No outside sale racks, mulch, salt or any other kind of display is permitted on the site outside of the fenced area.

 3)       Fenced in area shall be used for retail sales only.

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

CASE #2006-278                       Crème de la Crème Day Care Center, Stage 2 Preliminary Revised Site Plan Review, Natorp Blvd

Staff Report                             Hayfaa Wadih explained the location of the proposed day care center. The building would be 21,000 square feet. She pointed out the entrance and the location of the proposed access to the property. There are 54 proposed parking spaces of which 2 are handicapped. Ms. Wadih explained recommendations from county agencies and the fire department. She explained parking, bufferyards and landscaping, lighting, signage, and elevation including the information which had been submitted. She talked about these items with reference to township zoning requirements.

Proponent                                David Wright, Duke Realty, 4555 Lake Forest Drive, Cinti., OH 45242, said he wanted to talk about Crème de la Crème, a new high end day care facility they would like to put in Deerfield Crossing. He introduced Brent Tuley of Kleingers & Associates and Rob Humasm. He said this day care would be their first facility in Ohio. He described the facility which includes a fire place in the lobby with a stream and live fish, a computer lab, arts & crafts studio, library, dance studio, gymnasium, mock TV studio. Outside there will be basketball and tennis courts. The plan shows closed circuit TV monitors, and a security system. He showed a photo of the building and said this one would have a brick exterior. 

Mr. Wright said the eastern access would line up with the main entrance of Deerfield Crossing. The hours would be 6:00 AM to 6:00 PM. There would be no one playing outside at night. Duke has built one of these facilities before in the Chicago area.

Mr. Giesse asked the size of the staff and they said around 50.

Scott Evans asked what would be the ages of the children. Lyle Styles, Duke Construction, said children’s ages would be 2-3 months up to 2nd grade. He explained the drop off / pick up traffic flow system. He said the pick up / drop off times would vary.

Mr. Giesse asked for any public who wanted to speak. There was none. He asked for board discussion.

Motion                                     Motion by Don de Reynier to approve Case 2006-278, the Stage 2, Preliminary Revised Site Plan including the 16 conditions as recommended by staff.   2nd by Scott Evans.

  1. Compliance with all prior applicable Warren County and Deerfield Township Resolutions applicable to Deerfield Crossing, except as herein modified.
  1. Compliance with all conditions of approval for Stage 2, as stated in the September 20, 2005 approved conditions of the Deerfield Township Board of Trustees except as herein modified.
  1. Approval of site access and interior vehicular circulation, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department. An auto turn analysis is necessary prior to final site plan approval, demonstrating adequate fire apparatus movement of 40 foot bus template.
  1. Public improvements to Natorp Boulevard as determined by a Traffic Impact Study acceptable to the Warren County Engineer. The improvements shall comply with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, with appropriate latitude, within sound engineering principles.
  1. Approval of a stormwater drainage plan, including pre-treatment and/or extended detention, by the Warren County Engineer prior to Stage 3 approval, in compliance with the Rules and Regulations for the Design of Stormwater Management Systems.
  1. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
  1. Approval of an erosion and sediment control plan including pretreatment and/or extend detention, in compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil & Water Conservation District, prior to issuance of the zoning certificate.
  1. The developer shall expand and/or upgrade the water system and water treatment and storage facilities, sanitary sewers and wastewater treatment facilities necessary to serve the development, as determined by the Warren County Sanitary Engineer.
  1. Provision of sufficient hydrants for fire suppression activities, at developer expense, as determined by the Deerfield Township Fire Rescue, prior to final site plan approval.
  1. Submission of building elevation drawings for Stage 3 submittal.
  1. Compliance with Chapter 20, Parking and Loading Regulations, of the Deerfield Township Zoning Code.
  1. Submission of a detailed lighting plan for Stage 3 approval, including lighting specifications and photometric analysis. Illumination along the Wilkens Boulevard right-of way should not exceed 0.2 footcandles.
  1. Detailed signage size and materials plan is required for Stage 3 submittal and shall be in Compliance with Chapter 22, Signs, of the Deerfield Township Zoning Resolution.
  1. Compliance with Chapter 21, Bufferyards and Landscaping, of the Deerfield Township Zoning Resolution. Full screening of the trash dumpster with materials to match the building and including gates. shall be demonstrated with the Stage 3 submittal..
  1. Existing vegetation along Natorp Boulevard and the north property line that is not to be disturbed shall be identified as such on the final site plan and construction drawings.
  1. Compliance with the Warren County Subdivision Regulations.

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

New Business                          Lois McKnight read a letter from Darrell Holdeman, who requested a code revision and his concern was the definition of lock as it pertains to swimming pools. DTZR Section 25.09 A 2, requires a gate and lock. Ms. McKnight said a latching gate has been acceptable. He is asking for the lock to require a key or combination.

Matt Evans said the state changed the requirements on pool latches. Mr. Evans said if something happens, children must be able to get out of there quickly. Mr. Evans said if we start defining a lock then it will lead to other definitions.

Mr. Giesse said there are reasons that you don’t have a key to get out. Daniel Hendy said it is better off to keep the code vague.

Matt Evans asked why this has been brought up. Ms. McKnight said there are concerns about a special needs child and he is concerned about pools in the area.

Mr. Giesse said he should address this with the neighborhood. He explained how he had a lock installed to prevent some neighborhood children from getting into his pond. He was willing to do that to prevent a tragedy. The board all agreed that the code should stay as it is. Ms. McKnight said she would convey that to Mr. Holdeman.

Lois McKnight read a letter from Robert Reichert of the Kenwood Dealer Group regarding the action of the board at the last meeting. Ms. McKnight said she has a meeting scheduled this Wednesday with the adjacent land owner.

Mr. Giesse said we gave them 60 days to get the landscaping and bike path done. Mr. Giesse said at the next meeting we may have more information to consider.

Old Business                            Bufferyards & Landscaping – Chapter 21 Lois McKnight gave the board a copy of the chapter with minor changes proposed, some language changes, etc., for review and consideration. The Commission conducted a brief review of the proposed changes and agreed to consider it in more detail at the next meeting.

Adjournment                            Motion by Matt Evans to adjourn. 2nd _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 Chair Person                    Date                             Marilyn Arnold, Secretary          Date

 

 

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