MINUTES
CALL TO ORDER John Richardson, Chairman
ROLL CALL Scott Evans, John Richardson, Don de Reynier and Matt Evans were present. Robert
Giesse was absent with notice. Also present was Township Attorney, Daniel Hendy.
Minutes of Zoning Commission Meeting of 02/13/06 Don de Reynier asked that on Page 3 of the minutes at the end of the last sentence of the paragraph at the top of the page the words, “as currently zoned” be added.
Roll Call Don de Reynier-Yes, Scott Evans-Yes, John Richardson-Yes, Matt Evans-Yes. The motion was approved.
John Richardson introduced and welcomed the new Assistant Law Director, Daniel Hendy.
CASE 2006-072 Fuel Station at Wal-Mart Super Center, 5303 Bowen Drive
Staff Report Hayfaa Wadih presented the staff report for the project. She described the zoning of the surrounding properties. The site is located on the southeast corner of the Wal-Mart parcel. The only access to the fuel center is through the Wal-Mart parking lot. The site improvements include a fuel pumps with a canopy and sales kiosk, a trash enclosure, two underground fuel tanks, an ice box, pay phone, and air vacuum. The landscaping consists of the plantings to be installed for the Wal-Mart with additional landscaping around the trash enclosure. The only lighting proposed for the site are located under the canopy. Signage is proposed on the canopy, kiosk and fuel pumps. No ground sign is proposed. Stormwater will be drained to the Wal-Mart’s storm inlets adjacent to the site.
In the event of approval, staff recommended ten conditions.
Deerfield Township Fire Rescue reviewed and approved the plan.
Ms. Wadih said the façade on the sales kiosk as proposed does not match Wal-Mart’s brick and Murphy Oil is proposing a different shade of green from that used at Wal-Mart. Staff suggested additional landscaping plantings around the Ice Box, Pay Phone, and Air/Vacuum Station. The logo and price signage on the canopy is appropriate as is the logo signage on the kiosk. Staff visited an existing Murphy USA Gas Station in a nearby area. The staff felt the use of spanners and banner signs would clutter the space and would not look good. Staff suggested not allowing any additional outside sales or display at the fuel station such as bulk material (mulch).
Proponent Erickson Mendosa, Kimley-Horn and Associates, Civil Engineers, said that they had met with the staff before they submitted the site plan. He said they will work with staff and be willing to comply with what they require. Mr. Mendosa said that staff would like to reduce the lighting so the lights would not exceed 15 foot candles outside the canopy. He said they have a concern about safety and liability. He would prefer to have the planned lighting and not change it. All the lighting is under the canopy and there are no light poles.
Matt Evans asked if the Murphy Oil sign is back lit or internally lit. Mr. Mendosa said it is back lit.
Don de Reynier asked Ms. McKnight what is the basis for specifying 15 foot-candles. She said there is no standard in our code and this number would provide adequate lighting for the area outside the canopy. Staff has compared the photometric plan from Wal-Mart to the Murphy Oil plan. The Wal-Mart lighting would spill over and provide additional light for the fuel center.
Scott Evans asked about the hours of operation. Mr. Mendosa said they plan to be open 6:00 AM to midnight. Mr. Evans asked if the lights would go off when it closes. Mr. Mendosa said yes.
The oath was administered to those giving testimony by the Township Attorney, Daniel Hendy.
Concerned Citizens Virginia Hartshorn, 8575 Charleston Woods Drive, was concerned about traffic and the four way stop at Irwin-Simpson Road.
Kate Olsen, 8704 Charleston Woods Drive, said that there is a plan to widen the road near the 4 - way stop and that would make it even more complicated with more people at that 4-way stop. Ms. Olsen said she supports that the staff wants the colors to match Wal-Mart but the price sign should not be red. Ms. Olsen said regarding the signage on the canopy, no signage on the canopy should go above the canopy. She suggested a ground monumental sign. She liked it that the staff recommended no banners, no clutter, and no outside storage. She said Wal-Mart said 3 months after the Deerfield Towne Center opened they would provide a new traffic impact study. She asked the board to continue this case and not vote on it tonight. She said a 6 pump fuel center without a convenience store would generate 176 cars per hour from 4:00 to 6:00 PM. She said they need a light at the 4-way stop. She said she had two suggestions 1) Install 2 stop lights at the end of Bowen. 2) Ask Dan Evers to meet with the Warren County Engineers, State of Ohio, Long Cove Developer, and Wal-Mart and get the S curve installed. Ms. Olsen said Dan Corey suggested a “round about” plan for the S curve. She distributed a drawing of the “round about.”
Don De Reynier asked whether all the discussion on the traffic control and improvements are in the scope of a “Site Plan Review” and whether this should be discussed by this Zoning Commission. Ms. Olsen said on Stage 3 this should be considered for the Fuel Station because the traffic will increase and this is adjacent to the property, and because Wal-Mart already legally promised to get the traffic impact study and give it to this Zoning Commission. Ms. Olsen said there is $300,000 for road improvements held in escrow for the township at the county. John Richardson said we already approved within this site, the fuel station. Mr. Richardson asked if there is a legitimate document which states that after the development of the Deerfield Towne Center a traffic impact study would be done. Lois McKnight said she had a copy of the Deerfield Township Trustees approved Stage 2 Conditions for Shoppes of Deerfield South and Stage 3 for the Wal-Mart portion. Condition 16 is prior to Stage 3 approval and it says, “The fuel center shall be subject to site plan review by the Zoning Commission.” Condition 17 says, “Approval of Bowen property traffic impact study by CDS Associates, Inc. by the Warren County Engineer in conjunction with the Deerfield Township Trustees.” She said she looked and saw no references to the opening of the Deerfield Towne Center which was approved by the trustees June 23, 2004.
Kate Olsen read from the Bowen Property Development Traffic Impact Study, something which stated that the intersection of New Irwin-Simpson and Wilkens Boulevard be controlled by stop sign. There was a recommendation that there be a re-evaluation and re-counting of traffic 3 months following the completion of Wilkens Boulevard and Bowen Drive at that location. Lois said one of the conditions said that internal circulation must be evaluated by the Warren County Engineer.
Ms. Olsen again mentioned a “round about” be used to control traffic there. She asked for this case to be continued so they could address the infrastructure problem.
Matt Evans said he wanted to address Lois and the law director tonight and he came to this meeting after reviewing the materials he has in front of him. He said he had no idea traffic would be discussed and that is beyond the scope of what he prepared for this meeting tonight. Matt asked if this traffic thing has anything to do with this gas station. Township Attorney, Daniel Hendy, said this board does not have the authority to allow a “round about” even if they wanted one. Mr. Hendy said the best move would be if there are outstanding traffic issues, is to approve or deny and place a condition on it referring to traffic. Matt Evans said when we approve this parcel we cannot say there must be a “round about.” Matt Evans said we are put in a position to leverage a gas station by making Wal-Mart do something. Lois said we are not here to re-evaluate the Wal-Mart approval. Lois agreed with the numbers regarding traffic generation but she said we can’t tie that into the gas station approval. Matt said we can’t leverage something from happening. John Richardson said we have a Stage 2 approval and Stage 3 doesn’t deal with traffic. John Richardson said if the condition states there must be a traffic impact study, one should be done.
Tim Hershner, 8576 Lake Chetac Drive, said the board should make sure that all the lighting is down directional. He said the township has had a previous policy that did not permit signage on the canopy.
Faye Smith, 6574 Old Farm Drive, asked the board to work to make this the best possible. She said she liked monument signs.
Tonya Hines, 9041 Fields Drive, said they couldn’t talk about the gas station until it came before this board. That is why they are here tonight. She said that gas stations cause more traffic and left turns. She said much of the current development was not open when the last traffic impact study was done.
Diana Halligan, 4071 Brookside Court, said she is concerned there would be run-off from the parking lots which would drain into bio-retention areas and that there could be a leak from the storage tanks.
At 8:20 PM Mr. Richardson closed the public portion of the meeting.
Board discussion Matt Evans said on with regard to signage, we should add no free standing signs. He said the gas station should have a monument sign. He also raised concerns about containment in the event of a leak.
Mr. Mendosa said they plan two, 20,000 gallon tanks with a detection system with alarms and automatic shut-off valves which are required by law. The tanks are double walled fiberglass and they are weighted so they stay down. Murphy Oil is aware of all of the state mandated requirements.
The board discussed the list of conditions and agreed to the following:
Motion Motion by Matt Evans to approve Case 2006-072 , for Murphy Oil USA including the Conditions 1-10. 2nd by John Richardson
Roll Call S. Evans-Yes, J. Richardson-Yes, Matt Evans-Yes, Don de Reynier-Yes. The motion was approved.
Lois McKnight said this case will go before the Deerfield Township Trustees April 4th.
New Business Lois McKnight said she would discuss the Land Use Plan and changes for the short term with the Deerfield Township Trustees at the next work session.
Old Business Zoning Code Update.
____________________________________________ ________________________________________
John Richardson, Chairman Date Marilyn Arnold, Secretary Date
03_13_06.MIN