DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, Suite 180

ZONING COMMISSION

7:00 PM – November 19, 2007

 

MINUTES

 

CALL TO ORDER:                    John Richardson, Chairperson

 

ROLL CALL

PRESENT:        John Richardson, Scott Evans, Matt Evans and Donald De Reynier.

ABSENT:          Robert Giesse and Cherry Linder were absent with notice.

STAFF:             Lois McKnight, Hayfaa Wadih, and Marilyn Arnold  Also present was township

                        legal counsel, Joe Walker.

 

Minutes of 07/09/07  Motion by Don de Reynier to approve the July 9, 2007,minutes as printed.  2nd by Scott Evans.  The motion was approved on the following vote:  AYES:  Donald De Reynier, Matt Evans. Scott Evans, and John Richardson.  NOES:  None.  ABSENT:  Robert Giesse and Cherry Linder.  ABSTAIN: None.

 

Joe Walker, Township Attorney, administered the oath to those planning on giving testimony.

 

Counsel for the applicant, Richard Paolo, 425 Walnut Street #2200, Cincinnati., 45202, introduced himself.  He said he was there to provide counsel but not to give any testimony.

 

John Richardson asked those who wanted to speak to fill out a form so he would have their name.

 

Case #2007-427 Long Cove Pointe, T & G Hensley, Freedom Farm Lot 1 & 2, Zone Change from R-SF to N-B PUD

 

Staff Report 

 

Project Description  Hayfaa Wadih explained the location of the subject property, the current zoning and described the type of zoning surrounding the property.  She described current businesses and developments near by.  The plans showed three (3) tracts: one, two and three.  Applicant is proposing a mix of retail, restaurants (30 to 40%), and office uses.  There will be multiple building heights shown arranged around a common “Town Center,” intended as a focal point for the development.  A residentially compatible plan for the buildings was shown with pedestrian oriented streetscapes, landscaped parking areas, and project buffering.

 

Ms. Wadih described the plans for each of the three tracts.  Tract one (1) was 2.26 acres, Tract two (2) was 9.42 acres, and Tract three (3) was 2.01 acres.

 

Agency Reports  Ms. Wadih gave the following report from various other governmental organizations.

 

Warren County Regional Planning Commission (WCRPC): Reviewed on September 27, 2007 and recommended approval subject to ten conditions.

 

Warren County Sanitary Engineer: WCRPC report of September 27, 2007 indicates that the water and sewer services are available to serve the property.

 

Warren County Engineer’s Office: On November 15, 2007, Staff received an email from Warren County Engineer’s Office stating that the County Engineer’s Office contracted for a traffic impact study for the intersection of Wilkens/Irwin Simpson/Deerfield Boulevard based on the relocation of Irwin Simpson Road which included the impact of the proposed development.  The study concluded that the traffic can be accommodated with improvements of Wilkens Boulevard and Irwin Simpson Road.

 

Staff Findings  Ms Wadih said this proposal did not conform to the Deerfield Township Land Use Plan from 1997.  The land use plan of 1997 is archaic especially considering the fast growth the area has undergone in the last ten years.  The shift in land use along Mason-Montgomery Road created overflow traffic that required the creation of the north-south collector thoroughfare of Wilkens Boulevard.  The applicant planned a mixed use development which was less intense as a transitional use between two incompatible uses.  Staff did not believe the drive thru facility shown was compatible with the adjoining residential uses.  Staff realized that the Long Cove residents were made aware, while in the process of buying their homes, that it was the intent of the property owners to request a zone change to permit nonresidential development in this area.  Staff commended the developer for planning a pedestrian friendly environment.  Staff asked for elimination of the planned drive thru since that defeated the pedestrian friendly concept.

 

In case of approval, staff recommended 11 conditions.  Ms. Wadih concluded the staff report by reading the conditions and  then asked the board if they have questions.  Matt Evans asked what was planned for the existing Irwin-Simpson Road.  Lois McKnight said she thought it was the intent of the Warren County Engineer that the road cease to be a through street for safety purposes and provide for access to the Woods on Wilkens condo development.  Matt Evans asked if a traffic light would be located there for that intersection of Irwin-Simpson and Wilkens.  Lois McKnight said the engineers traffic study did determine that Plan A would be for a traffic signal.  Matt asked if there were any height restrictions on Tract 1.  Lois said they had not placed any height restrictions at this point. 

 

Don de Reynier asked if there was any chance that there would not be a realignment of Irwin-Simpson at Wilkens.  Lois said there was probably always a chance it wouldn’t happen.  She said the Warren County Engineer has been working towards this improvement for many years.  She said she understood they would start working on that this summer after Home-A-Ramah.  John Richardson asked for more questions.  There were none so he asked the proponent to come forward to talk.

 

Proponent Tim Hensley, T & G Hensley, LLC, 1182 Mason-Montgomery Road, Cinti., OH 45249, said he was a Warren County and Deerfield Township resident and that he has been developing in the area for the last 23 years.  He said he has built many homes in Long Cove so he cares about what would be going in around it.  He said this project was unanimously approved by the Warren County Regional Planning Commission.  He said he had met with the residents of Long Cove to give them an opportunity to voice their opinions.  He pointed out the surrounding developments.  He said these three parcels have become an island.  He went on to explain the plan for pedestrian access and the bike paths.  He complimented Deerfield on the pedestrian friendly developments.  He said this development would be a “village atmosphere.”  Mr. Hensley explained that this type of mixed use development is the most desirable at this time.

 

Jose Castrejon, Vice President Landscape Architecture & Planning from McGill Smith Punshon, Inc., 3700 Park 42 Drive, #1908, Cinti., OH 45241, said he is excited about this unique development with a village type setting.  He said the triangle shape of the development was a challenge.  He said parking would be included inside with a street system oriented inward.  He said they could have art shows and community events there.  The office would be used during the week and the retail would be used on evenings and weekends.  Jose Castrejon said they hope to put architectural features around a central clock tower or something like that.  He said they hoped to have a bank facility with a drive thru for convenience to the community; banks need a drive thru as would a coffee shop.

 

Jose Castrejon said on Condition #10, concerning the100 feet buffer requirement, there is an overflow ditch for the Long Cove water way system that must be maintained.  He said they would be glad to create that required landscape buffer. 

 

Tim Hensley said they may decide to have some condos included according to what the market demands at the time of building this development.  Financial institutions were suggested for this and a drive thru would be important to that.  He said we are not talking about fast food restaurants here, just a bank and coffee shop.  He asked for approval with stage 1. 

 

John Richardson asked the board if they had questions.

 

Matt Evans said we are seeing phase one and they are already defining what the buildings are going to look like.  This is too early for that.  He asked about the view of the buildings and that there would not be a rear to them because all sides would be seen.  Jose Castrejon said they studied hard and visited some developments which have the same situation.  He said they would try to make all 4 building facades look nice.  Tim Hensley said they thought about how unique this was so that is why they showed more details than required at this stage.  He said this idea presented challenges which would be expensive to create but the rent would not be low cost there.  Matt Evans said sometimes residents get nervous about others from outside using the walking paths.  Do you have concerns about that?  Mr. Hensley said the residents liked this development being a plus and only one street would be crossed from their neighborhood to get there.

 

John Richardson asked if there was a vote taken when they met with the Long Cove residents.  Mr. Hensley said they had discussion but no vote was taken.  He said they hope to make the buildings which are located closest to Long Cove have a residential look and that may help block the view of the Regal Cinema.  Jose Castrejon said the plan showed a landscaping mound with lots of plants on it.

 

Concerned Citizens

 

Dr. Chin Wie Chow, 8678 Hampton Bay Place, Mason, OH, said the planned development does not promote the general welfare and he objected the development  due to nuisance, noise, health, safety, morals, and air pollution.  He quoted Section 19.02 and 19.09 from the Deerfield Township Zoning Resolution.  He quoted Section 15.01 and said this proposal would hurt home values of the surrounding residential areas.  He said we have enough banks, offices, restaurants, and condos.  He asked the board to deny this case.

 

Mike Stearns, 8680 Emerald Isle, Mason, OH, also a resident of Long Cove, said he liked the development around his neighborhood.  He said he and his family liked to walk over to the Deerfield Towne Center to shop and go to the movie theater. 

 

Matt Evans asked him to point out his lot on the map.  Don de Reynier asked him if he would be interested in going to this proposed development.  Mr. Stearns went on to say that he liked the area so well that he was considering having his office move out here.

 

Patrick Meredith, 5361 North Shore Drive, Mason, OH, said Tim Hensley built his home in Long Cove, and he trusted that they would continue with these good types of developments.  He said that he was pleased this would be a known developer who would do a nice development.  He said that he owns a hair salon in Anderson Township and was considering putting another one here.  He said he has lived in the area for 12 years and in Long Cove for a year. 

 

John Richardson asked about the acreage of Woods on Wilkens and he was told it was 20 acres.  Matt Evans asked the developer about another parcel owned by the Matthews.  Tim Hensley said the Matthews property has always been part of the Long Cove development.   However this is not the case about his property as home buyers were asked to sign that these lots would be developed for non- residential uses. 

 

Ken Natorp, 5798 Irwin-Simpson Road,  said that he was one of the developers involved in Long Cove.  Robert Rhein and himself realized that this area would not be conducive to residential.  He said Neil Tunison, Warren County Engineer, from the very beginning wanted to do something to re-align Irwin-Simpson Road and then that made this a very odd piece of property.  Mr. Natorp said Tim Hensley has a vested interest in making this a nice development since he has developed so many homes in Long Cove.

 

Motion by John Richardson moved, seconded by Scott Evans, to take a 5 minute recess, as recommended.  The motion was unanimously approved.

 

Motion by John Richardson moved, seconded by Scott Evans, to reconvene, as recommended.  The motion was unanimously approved.

 

Alice Chow, 8678 Hampton Bay Place, Mason, OH, Mrs. Chow pointed out the location of her home.   She said from their house they would be looking at the back of this proposed development.  She said they were not informed that all the developments would be near her home.  She said she didn’t want to live behind a 2 story building.  She said she doesn’t like living near restaurants and bars.  She asked if the restaurants and bars would be open until 2:30 AM.  She said we already have ample retail, office space, restaurants, banks, coffee shops, car washes, furniture stores, fitness centers and we don’t need anymore.  She said they are all of these are very close to Long Cove and we don’t need more.  Why is there a need to rezone?  She said more homes would be better than more businesses.  She asked the board to consider her request for no more development near her home.

 

Diana Halligan, 4071 Brookside Court, said the Chow’s were very eloquent and she couldn’t say it better than they did.

 

Tim Hershner, 8576 Lake Chetac Drive, said the Land Use Plan called for residential but Tim Hensley had a good idea of making the buildings near the homes look like a home.  He also liked the way they plan to make all four sides of the building look finished and not loot like the back.  He said the development could be scaled down and there could be a residential component to the development.

 

Tim Hensley, T & G Hensley, LLC, 1182 Mason-Montgomery Road, Cinti., OH 45249, said maybe the Matthews property will go residential.  He said there could be some loft condos in place of the office space in the 3 story buildings. 

 

John Richardson asked if condos would be allowed under Neighborhood Business.  Lois McKnight said the use would be allowed. 

 

Tim Hensley said there will be a traffic light.  He said on either parcel they would look at a condition where they would put in 2 buildings near the Long Cove homes instead of the one larger one.

 

Scott Evans asked Mr. Hensley if they had a copy of the covenants for Long Cove.  Yes they said they have a copy to view tonight.  Mr. Hensley said all of the current homeowners signed this at the closing.  Mrs. Chow said she saw hers after she had moved in.

 

Richard Paolo, 425 Walnut Street #2200, Cinti., 45202, said it would be very unusual to not have the covenants read or available before the closing.  He said he had not ever seen an incidence of that.

 

John Richardson read Section 7 of the covenant and gave it to Lois McKnight to be entered in the record.  He closed the public portion of the meeting and asked for board discussion.

 

Discussion & Recommendation

 

Don de Reynier said this is a nice development but he thought Tracts 1 and 2 were a problem.  He said Tract 2 could be residential since a couple Long Cove lots back up to Tract 2.  Mr. de Reynier said he felt Wilkens Blvd. provided a good buffer between the Residential Single Family and non-residential areas.

 

Scott Evans said these parcel were considered to not be residential way back when we were hearing the Walmart case.

 

Matt Evans liked the pedestrian friendly aspects of the proposal.  He said this development would benefit the Woods on Wilkens and Squires Gate Subdivisions.  He said it is accessible to Long Cove but the other neighborhoods would benefit from this development. 

 

Don de Reynier said he doesn’t think of this as a town center gathering place because it is west of the main development.

 

Matt Evans said it looks residential in nature and he said he would be in favor of the structures shown on the rendering.  He said he didn’t like the drive thru.

 

John Richardson said he would hope there would be some residential piece to that.  He thought there should be no drive thru on Tract 1.  On Tract 2 he said there should be two building instead of one large one.

 

Matt Evans said Tract 2 should be limited to offices so no restaurants would be near Long Cove.  This type of zoning can be a Neighborhood PUD and many neighborhoods can benefit from this development.

 

Don de Reynier said other residents would be looking at those buildings, not just Long Cove people.

 

John Richardson was interested in the traffic count in the study regarding the flow from the current Deerfield Blvd.-Irwin-Simpson intersection.  Lois explained what she understood from the report.  Lois said all of the Warren County’s efforts are proceeding toward getting that realignment completed.  John Richardson said since the Walmart development there has always been the intention for a traffic light to go there.

 

There was discussion on a possible motion and changes to Condition #6.

 

Motion by John Richardson to recommend approval to the Deerfield Township Trustees for Case 2007-427 including the 11 Conditions with modifications to Condition #6.  There was a 2nd  by Scott Evans

 

  1. Approval of a planned unit development (PUD) overlay shall only mean approval of land uses and shall not include approval of a site plan, as this is a matter for Stage 2 and 3 of the PUD.

 

  1. Mr. Jose Casterjon shall be designated project spokesperson for the PUD regarding all dealings with Deerfield Township. Mr. Casterjon may delegate his role as spokesperson to another individual and shall notify the Township Community Development Director of such event. Only one spokesperson will be recognized by Deerfield Township as representing the PUD.

 

3.        There shall be approval of Stage 2, Site Plan, in accordance with Section 19.06 and approval of Stage 3, Final Detailed Plan, in accordance with Section 19.07 of the Deerfield Township Zoning Resolution.

 

  1. Compliance with all conditions and requirements that may be set forth by resolution granting the PUD overlay and compliance with requirements of Chapter 19 of the Deerfield Township Zoning Resolution.

 

  1. The developer shall expand and/or upgrade the water system, 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. Permitted uses for the development shall be as follows:

 

    1. Tract 1: Offices and/or residential with a minimum of two buildings, limited to two and a half (2.5) stories in height and residential in nature and proportion.

 

    1. Tract 2: Offices, personal services, financial institutions, medical and dental clinics, retail businesses, residential, restaurants, and taverns with a total of one drive thru concealed from public view and traffic.  Residential component is to be limited to second and third floor only.

 

    1. Tract 3: Open space including buffer area, stormwater management, pedestrian pathways, and identification feature.

 

  1. Road improvements, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Trustees, in compliance with the requirements and standards for the Design and Construction of Streets and roadway facilities.

 

  1. Proportional contribution by the developer toward improvements indicated necessary by Traffic Impact Study including offsite improvements.

 

  1. Open space shall be preserved as proposed with a minimum of 35% of the gross area of the entire property.

 

  1. Preserve 100 feet of buffer evergreen trees and shrubs where abutting Long Cove Subdivision to the north.

 

  1. Compliance with Warren County Subdivision Regulations.

 

The motion was approved on the following vote:

 AYESJohn Richardson, Scott Evans and Matt Evans. 

      NOES:  Donald De Reynier.  The motion was approved.

 

New Business Hayfaa Wadih said there is one case for next month.

 

Adjournment Motion by Scott Evans to adjourn.  2nd by John Richardson.  The motion was unanimously approved.

 

                                                                                                 

_________________________________________________                      ______________________________________

John Richardson, Chairperson                                        Date                  Marilyn Arnold, Secretary                         Date

 

                                                                                                                                                            G 11_19_07.MIIN