MINUTES
CALL TO ORDER: John Richardson, Chairman, called the meeting to order.
ROLL CALL: John Richardson, Robert Giesse, Don de Reynier, and Matt Evans were present. Scott Evans
was absent. Also present was Bridget McGraw, Township Attorney.
Election of Officers for 2006
Motion to nominate & elect Chairperson
Motion by _Robert Giesse to nominate John Richardson as Chairperson of the Zoning
Commission for 2006. 2nd by _Matt Evans
Roll Call Matt Evans-Yes, Don de Reynier-Yes, Robert Giesse-Yes, John Richardson-Yes
The motion was approved.
Motion to nominate & elect Vice-chairperson
Motion by Don de Reynier to nominate Robert Giesse as Vice-chairperson for 2006
2nd by Don de Reynier
Roll Call Don de Reynier-Yes, Matt Evans-Yes Scott Evans-Yes, John Richardson-Yes,
Robert Giesse-Yes The motion was approved.
Minutes Minutes DT Zoning Commission Meeting of 11/14/05
Administering the oath to those giving testimony by Bridget McGraw, the Township Attorney.
CASE 2005-726 Stage 2 Site Plan Review, Lifetime Fitness, Arbor Square, Wilkens Blvd
Staff Report Lois McKnight said the property is owned by Cincinnati Contractors and the application was filed by Richard Young of Henderson Bodwell. The Stage 1 was approved in October, 2005. There was a re-zoning of 24.13 acres from Office Warehouse with a PUD overlay to General Business with a PUD overlay. Lois said that they have included in their submission a map showing Soil and Erosion Control Plans. Lois gave the description of each section of the development and the amounts of open space. She described the number and size of signs for the fitness center. An outdoor pool area was included. She described the landscape plan which included a 10 feet wide asphalt bike path. There were several issues which Lois explained regarding signage, lighting, and road improvements. She said the Warren County Engineers were requiring modification to the plan with regard to the creation of turn lanes and accommodations for future road widening.
There were 17 Conditions from the Staff if the board decided to approve the subject case as follows:
Don de Reynier asked about the square footage of the proposed signage. He asked if the total was about 380 square feet. John Richardson asked Lois to clarify the sign requirement. Lois said in a straight Generral Business Zone they would be permitted 140 square feet by code, each sign would be 35 square feet. Matt Evans asked about the timing on Wilkens and this project. Lois said they should occur about the same time. John Richardson closed this portion of the meeting and asked for the proponent to come forward.
Proponent Bill Mees, CUC, Mason, said his company was the owner of the subject property and he was the official spokesperson for the property. Jeff Melby, Life Time Fitness, Eden Prairie, MN 55344, said they agreed with most of the conditions but wanted to talk about the signage. The actual sign is 40 square feet not including the base of the monument. Mr. Melby said it is their intent from a sign standpoint to let the board know that one sign was for Lifetime Fitness and the other two were for \tenants. On Condition #12, regarding Tract B, C, and D, they were comfortable with that condition. At some point in time they hope to sell off the other lots and they would come back for Stage 3. Lois said Stage 2 is for the entire site and then they can come back for the Stage 3 Lifetime Fitness section only and Stage 3 could be submitted for each outlot. Mr. Melby thanked Lois for that clarification. He told the board if there
were questions he would answer them. There were none. John Richardson asked for other proponents or opponents. There were none so he closed the open portion of the case and asked for board discussion.
Administering the oath to those giving testimony by the Township Attorney, Bridget McGraw.
CASE 2005-722 Stage 2, Lot 5, Building 8, Shoppes of Deerfield North located at 8467 Mason-
Montgomery Road
Staff Report Lois McKnight said the board is considering the revised Stage 2 plan for this lot along with the Stage 3 detailed plan for this lot. The Stage 2 was approved by the Deerfield Township Trustees on 9/04. The proposal is for a 9,000 square feet retail multi-tenant single-storey building. They are proposing a 4 feet wide sidewalk, 70-9 x 18 parking spaces, a 20 x 10 feet loading area, a dumpster enclosed by an 8 feet masonry screen wall, a 12 x 12 feet utility room to house mechanical features, providing an 18 feet uncovered patio on the south side of the property, approximately .7 acres of open space on the 1.7 acre site. The landscaping shows Norway Spruce and White Pines planted 13 to 15 feet on center along the north property line near the residential. She described the other various areas with different types of plants. The lighting plan shows 7-24 feet tall lighting fixtures with acceptable photo metric foot candle and illumination shown. She continued description of awning, decorative lights, and the signage for the building.
Lois said the difference between this revised Stage 2 and this plan is that the previous one was 7,000 square feet restaurant and this is for a 9,000 square feet multi-tenant retail building. The elevation is similar to the one approved for Shoppes of Deerfield South, however, Staff suggested that a modification consisting of the addition of a brick veneer to the two columns which are located on the East elevation, proposed as EIFS, would create harmony with the other four columns that are shown with the brick veneer. The conditions included this suggestion.
The Zoning Commission shall recommend approval, approval with modification, or denial of the submitted Stage II and Stage III Site Plan application based on Section 19.06 and 19.07 of Deerfield Township Zoning Resolution, unless additional information is deemed necessary to make an informed decision. In the event of approval, staff recommends the following conditions:
NINE Building elevation shall be modified on
the east elevation to show all column features as brick veneer,
eliminating the two EIFS columns.
shall not be used.”
Don de Reynier asked about 19.06 and 19.07 of the zoning code. He asked about the WCRPC’s report in the packet from December. There was discussion on the Zoning Code books the board had in hand and decided that they need new zoning code books.
Matt Evans asked about the right-in and right-out and the traffic flow of the access drive. Lois said the original Stage 2 stated that there would be no parking between the buildings but now that is changed.
Proponent Katie Bollmer, CDS Associates, said that when they were redesigning this outlot, they made every effort to comply with previous requirements. She said there is no problem with the any of the conditions and they will comply with those. Matt Evans said his concern at this site was the storm water and the problem with silt downstream from this. Ms. Bollmer said they have erosion control measures during the construction and the storm water would go into a detention pond after construction. John Richardson said there is a major difference going from 7,000 square feet, single tenant to 9,000 square feet multi-tenant. Ms. Bollmer showed him the previous plan so he could compare it to the current plan. John Richardson asked for any proponents or opponents. He closed the open portion of the meeting and asked for board discussion.
CASE 2005-783 Site Plan Review, 7572 Butler-Warren Road
Staff Report Lois said the zoning is General Business and this is a 2.48 acre lot. She described the surrounding zoning to the east which is G-B and to the south which is R-SF. Across the street is Butler County. The applicant is proposing constructing a 50 by 101 feet building to be located to the east of Butler Warren Road.
Lois said the property is being used for automotive service. There have been complaints from surrounding property owners about the condition of the property. The zoning code prohibits the accumulation of junk and junk vehicles (Section 25.14) outside of an enclosed area. No details have been provided on the proposed fencing to the rear of the new building. Staff suggested the fencing be opaque either, wood or chain link with visual barrier slats and be a minimum of 8 feet high. She said any vehicles which are inoperable should be located within that fenced area/
Lois explained the staff ‘s 8 conditions.
The Township Zoning Commission shall approve, approve with modification, or deny the submitted Site Plan Review based on Section 8.01 of Deerfield Township Zoning Resolution, unless additional information is deemed necessary to make an informed decision. In the event of approval, staff recommends:
1 Photometric analysis of the proposed lighting be submitted to ensure the lighting does not
exceed 0.2 footcandles at the right-of-way.
2 The wall mounted light fixtures be cut-off style to eliminate the light source from direct view.
3 Signage shall be in compliance with Chapter 22 of the Deerfield Township Zoning Resolution.
4 The proposed screen fence be a minimum of eight (8) feet in height and be constructed of a durable opaque material and persistently maintained and preserved in accordance with Section 1.01 of Deerfield Township Zoning Resolution. The section states the conservation and protection of property and property values to secure the most adequate and economical provisions for public improvement.
5 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. The site plan shall accommodate additional right-of-way and or utility easement, if required, in compliance with Warren County Thoroughfare Plan.
6 A letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Deerfield Township Fire Department for interior circulation, emergency access, and location of fire hydrants shall be submitted prior to issuance of the Zoning Certificate.
7 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.
8 Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction activities.
9 Landscape shall be maintained according to Section 21.05 of Deerfield Township Zoning Resolution. The section states that existing vegetation shall be preserved in accordance to acceptable nursery industry procedures.
Lois asked the board if they had any questions. Matt Evans said even though these 2 lots are owned by the same person, doesn’t this property need an easement agreement. What if the property would change hands? Bridget McGraw said now it is not necessary but if he decided to sell it, there would not be any value to the lot if the lot could not be accessed. At the time he would sell the property, an easement agreement should be in place.
Proponent Steve Hammell, 7572 Butler-Warren Road, Mason, OH 45040, said he was the owner of the subject property. John Richardson asked him if he is in agreement with the conditions. He said he was planning on putting a stone face on 3 sides of the building. Matt Evans asked him about this stone. Mr. Hammell said it would be like a brick veneer. John Richardson asked about his plans for the fence and for the cars on the property. Mr. Hammell said that he was planning to have a chain link fence with barrier slats. He also said he plans landscaping materials and planting some trees or shrubs to create a barrier from Butler-Warren Road. John Richardson asked for any public who wanted to talk.
Concerned Citizens Tim Hershner, 8576 Lake Chetac Drive, Mason, OH, said on the subject property, the
house has become an office. Therefore the office adjacent to the residential requires a 20 feet buffer. He explained the
landscaping requirement of the two rows of trees that are 7 ˝ feet on center. He said the code calls for an additional
setback distance based on the building height. Mr. Hershner said in addition to what is in the chart when a business is
adjacent to a residential area the buffering should be in place. Lois said it is not required GB to GB. Bridget McGraw said
there is a 30 feet setback requirement. Ms. McGraw said the setback based on the building height would be twice the
building height. Lois said the building height is 16 so the setback would be 32 feet.
Board Discussion John Richardson said he regularly drives past that property and he would like to add that
this would be a vast improvement. John asked if they could put in the conditions that the landscaping be maintained in a
professional manner. Bridget said this could be added. Lois read Section 25.05. John asked if that could be added as a
#9h condition. Bridget said it could. John asked on condition #4 regarding the fence can there be a requirement for
maintenance of that fence? Bridget said yes a maintenance condition could be put on that. She said in Section 1.01 said
regarding the general welfare this allows the Zoning Commission to add this. John Richardson asked how that could be
worded. Bridget said it should be stated that the fence be in good repair per Section 1.01. Don de Reynier said all this
should apply whether or not we add these conditions. There was more discussion on the wording of Condition #4 and the
new Condition #9. John Richardson asked for more questions. Tim Hershner, 8576 Lake Chetac Drive, Mason, OH,
spoke up again about setback requirement and said it should be a 40 feet minimum buffer. John Richardson said the
buffer doesn’t have to include plants. It could just be green space. Matt Evans said this goes well beyond the required
amount of parking. Lois discussed the parking requirement and said they have more than required.
Motion Motion _by John Richardson to approve Case 2005-783, the property located at 7572
Butler-Warren Road, including the 8 Conditions from the Staff, amending Condition # 4
and adding Condition #9 as follows:
4 The proposed screen fence be a minimum of eight (8) feet in height and be constructed of a durable opaque material
and persistently maintained and preserved in accordance with Section 1.01 of Deerfield Township Zoning
Resolution. The section states the conservation and protection of property and property values to secure the most
adequate and economical provisions for public improvement.
9 Landscape shall be maintained according to Section 21.05 of Deerfield Township Zoning Resolution. The section states that existing vegetation shall be preserved in accordance to acceptable nursery industry procedures.
2nd by Robert Giesse
Bridget said they are currently reviewing the Zoning Code and they will have a portion for review at the next meeting. She said they will be available for this board to review by the end of this month. She said they are looking a particular sections which must be changed immediately. She said the Land Use Plan must be done. Don de Reynier asked what is the basis. Bridget said the changes first will be in keeping with the current zoning code. For next month Lois said there is one case scheduled for next month, the rezoning of the property at the corner of Old Irwin-Simpson Road and Mason-Montgomery Road to Neighborhood Business. That would go before this board and the Board of Trustees.
Bridget said if there are questions why we are doing this she would be glad to address this.
Don de Reynier said this board would review the minutes of October, November, and this meeting at the next meeting.
Adjournment Motion _to adjourn by Matt Evans. 2nd _by Don de Reynier
John Richardson, Chair Person Date Marilyn Arnold, Secretary Date
H 01_09_06.MIN