DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, Suite 180

ZONING COMMISSION

7:00 PM – April 14, 2008

 

MINUTES

 

CALL TO ORDER:         John Richardson, Chairperson

 

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

ABSENT:                      Robert Giesse.

STAFF:                         Hayfaa Wadih, Lois McKnight, Marilyn Arnold

 

MOTION Scott Evans moved, seconded by Matt Evans, to approve the minutes of 02/11/08, as recommended.

 

The motion was approved on the following vote: AYES: Scott Evans, John Richardson, Matt Evans, Donald De Reynier and Cherry Linder. John Richardson, NOES: None. ABSENT: Robert Giesse. ABSTAIN: None.

 

 

MOTION Matt Evans moved, seconded by Scott Evans, to approve the minutes of 03/10/08, as recommended.

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans and Cherry Linder. NOES: None. ABSENT: Robert Giesse. ABSTAIN: Donald De Reynier.

 

 

Township Attorney, Scott Phillips, administered the oath to those planning on giving testimony.

 

Case #2008-024 Stage 2, Revised Preliminary Site Plan for Section 7, Lot # 15 of Deerfield Crossing for Hilton

Garden Inn, located on Natorp Blvd.

 

Staff Report Hayfaa Wadih explained the location for the proposed four (4) stories, 72,958 square feet structure for Hilton Garden Inn for 104 guest rooms. She explained the review of this project by the Warren County agencies.

 

She explained the requirements for parking, landscaping, and signage. There is a 15 feet drainage easement along the north property line and their plan showed encroachment into it with a sidewalk. Ms. Wadih said staff will reserve the right to make suggestions regarding this after they hear from Warren County. She explained the various county agency suggestions and offered suggested conditions in the event this board would approve the case.

 

Ms. Wadih asked the board for any questions. John Richardson asked regarding the request for additional gallons per day on the sewer (Condition 9), if that happens often? Ms. Wadih said in her 2 years here, this was the first time this has happened but it is not that unusual. John Richardson asked about the encroachment into the easement and whether this has been permitted before.  Ms. Wadih explained that the other developments in the area Holiday Inn Express and Crème de la Crème did not encroach into the easement.  However, the WC Engineer is looking into it and he is supposed to get back with her this week. John Richardson asked if the applicant must comply with what the county says. Ms. Wadih said yes. Matt Evans asked if the encroachment was just paving. Ms. Wadih said this is correct. No structure is proposed to encroach into the easement.  John Richardson asked the proponent to come forward.

 

Proponent James. Riebolt, SIA Architects, 6507 Stewart Road, Cincinnati, OH 45236, said that Hayfaa did a good job on the report. He said if the encroachment was not allowed, they didn’t feel this would affect the plan that much. They may just loose 2 parking spaces and they will still be in compliance with the number of parking spaces. He said they are waiting on the Warren County Engineers decision on that. John Richardson asked for questions for the applicant. There were none. There was no other public comments.

 

Discussion Matt Evans asked what was north of the site. John Richardson said that was vacant land. Cherry Linder asked if the board should wait on the decision from Warren County regarding the encroachment. John Richardson said it is in the condition that they must abide by the ruling of Warren County. Don de Reynier said this was based on a pending decision from Warren County. Matt Evans said underground storm easements are very common. Cherry said the issue is the access. She said we can get rid of the condition. Matt Evans said he was fine with the language as it is, and this board should leave it up to the engineer. Scott Phillips stated that if the County Engineer may want this easement for the right-of-way for future capacity and they sure can work this out with the owner. However,  the owner must be aware that any work done on this part might cause damage to his paved area and that he is the one to bear the cost to repair it. There was more discussion.  Matt Evans asked for the proponent to come back and asked them how the plan came about.

 

James. Riebolt, SIA Architects, 6507 Stewart Road, Cincinnati, OH 45236, said they had submitted another plan earlier with larger parking spaces. Then they reconfigured it to the current plan with smaller parking spaces like Crème de la Crème. They gained 3 more parking spaces and had more room for landscaping. John Richardson said he would only have a problem if it would restrict the water flow and if the vegetation must be removed. The vegetation has not been disturbed all along there. Mr. Riebolt said if they would disturb or damage the vegetation, they would replace it.

 

MOTION by Donald De Reynier, seconded by Matt Evans, to approve Case 2008-024 including the 19 conditions from staff modified Condition #18, “Any disturbed vegetation must be replaced and the surface drainage must not be adversely affected.”

  1. Compliance with all prior applicable Warren County and Deerfield Township Resolutions applicable to Deerfield Crossing, except as herein modified.

 

  1. Approval of stormwater drainage plan by Warren County Engineer, in compliance with the Rules and Regulations for the Design of Stormwater Management Systems.

 

  1. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.

 

  1. Approval of erosion and sediment control by the Warren County Soil and Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations, prior to earth moving activities

 

  1. Approval of site access and interior vehicular circulation, as determined by the Warren County Engineer, in conjunction with the Deerfield Township Fire Department, per the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities and the Warren County Access Management Regulations.

 

  1. The applicant assumes all liability regarding any traffic signs, pavement markings and any other traffic control devices proposed on private property that do not comply with the Manual on Uniform Traffic Control Devices (MUTCD), as applicable.

 

  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. The size of the water lateral must be identified, and the water service from the main to the meter pit must be relocated, eliminating all bends.

 

  1. Based upon the estimated wastewater flow, it is necessary that applicant request that the Warren County Commissioner assign an additional 1,052 gallons per day to the property for development to proceed as proposed.

 

  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. An auto turn analysis is necessary prior to final site plan approval, demonstrating adequate fire apparatus movement of 40 foot bus template.

 

  1. Submission of building elevation drawings for Stage 3 submittal.

 

  1. The number of parking spaces and the size are approved as proposed.

 

  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 Stage 2, Condition 23b as explained in this report in the signage paragraph.

 

  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 trees along Natorp Boulevard and the north side of the property shall be protected

 

  1. Sidewalk shall be installed along the Natorp Boulevard frontage.

 

  1. Applicant is forewarned that the indicated encroachment into the easement along the north property line may be prohibited, based on pending clarification of the easement language. Any disturbed vegetation must be replaced and the surface drainage shall not be adversely affected.

 

  1. Compliance with the Warren County Subdivision Regulations.

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Robert Giesse. ABSTAIN: None.

 

 

Case #2007-196 Stage 2, Preliminary Site Plan Review for King Mills Restaurants & Retails, located near Kings Mills Road & I- 71

 

MOTION John Richardson moved, seconded by Cherry Linder, to table Case 2007-196 to the May 12, 2008, meeting as recommended.

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Robert Giesse. ABSTAIN: None.

 

 

Township Attorney, Scott Phillips, administered the oath to those planning on giving testimony.

 

Case #2008-032 Amendment to the Zoning Resolution establishing the Business Transitional (B-TR) District

 

John Richardson said that this case was continued from the March meeting and that anyone who wanted to give testimony was invited to come forward and give their testimony.

 

Concerned Citizens Tom Tepe, attorney with Keating Muething & Klekamp, One East Fourth Street Suite 1400,Cincinnati, OH 45202, said he was here representing Bestcorp, owners of 9950 Fields-Ertel Road, and 9966 Kings Automall Road. He introduced David Wright with Kleingers & Associates. He said there are other properties which are in close proximity and are not included in the “moratorium” area. He said if the text amendments are adopted in the form we have before us, this makes them at a significant competitive disadvantage. He said Waterstone is not included in this. There will be additional requirements which would not apply to the property behind PetSmart. The properties are next to one another. There were restrictions on trade mark signage. He said he has read our code and these changes and many questions need to be answered. He said this was not good for this area or good for the township. He said they have concerns. He said this could result in litigation. Don de Reyneir asked Mr. Tepe if he would view the new suggested text and district as being helpful, neutral, or detrimental to his clients. Mr. Tepe said if all of the surrounding properties were included, and this was uniformly applied, he would view the change as coming with a price tag. The parking requirements and signage changes could cause some problems. Mr. Tepe said this may have the opposite affect. John Richardson asked Mr. Tepe to point out the location of the property he was representing.

 

David Wright, Kleingers & Associates, West Chester, OH, distributed written materials. He said they have been comparing the old code with the proposed code. 1) He said one of his concerns was that one person would be making decisions on architecture review standards of buildings. He said the decision should be through a board as it is now.

2) He was concerned about the code not allowing a drive through facility. He said there were many Starbucks with drive through.  He said that placed a limit on their ability to develop a building. 3) Mr. Wright said it was unclear when the new regulations would “kick in.” He asked if they would have to replace the façade on each tenant as the building was leased or on the whole building. 4) Mr. Wright was concerned about signage and he said current existing signage would not be allowed with corporate logos according to the text change.

 

Lois McKnight said that for Site Plan Review with a 25% modification the new rules would come into affect. He was not happy with “non conforming use” and he referred to Chapter 27. There was discussion on the signage requirement that the signage be individual letters, no box signs. Scott Phillips said they can always come in and ask for a variance. Scott Evans said it sounds like we are pushing them to go to a PUD zoning. Scott Phillips said it is not unusual for a large development to not have a PUD. Matt Evans said we can have owners go to a PUD. Scott Phillips said look at Mason-Montgomery Road to see what a PUD looks like. Don de Reynier said these are large buildings and are multi-buildings. Cherry Linder asked if there were examples of other developments that have the rules that signs must be individual letters. Lois McKnight said the intent is to get more attractive signs. Cherry Linder said we can’t deny that businesses have their own logos like Best Buy and others. She said most of them don’t have individual letters. Cherry said we are making it difficult and we do want to encourage developers to bring businesses to the area.  John Richardson said we are just trying to prohibit back lit box signs. Don de Reynier said Best Buy is a back lit box sign and that could be another obstacle. Greg Dale of McBride Dale Clarion said that this change has never been considered as an all or none proposition. He said they as consultants are open to making changes and they would be willing to accept suggestions from the board. John Richardson asked Mr. Dale to create language that would go along with that. Lois said they were taking ideas from our discussion tonight. Scott Phillips said he was cringing at the thought of going over all of the concerns tonight. He said we could initially run into some issues down the road and we are spending time and money to get this done right. John Richardson said they would continue to take public comments tonight and we will ask them to take note of our suggested changes. Matt Evans asked about the code reference to “drive through”. Our code calls it “drive in” instead of drive through.

 

Mary Altenbach, McDonalds Kings Island, asked the board about Case 2008-196 which was not heard tonight. John Richardson told her that case was tabled and it will be heard on May 12, 2008.

 

Greg Malone, Casto, 8280 Montgomery Road, Cincinnati, said acknowledge some positive issues about the text changes and that the desire for all to have attractive buildings. However, the properties along Fields-Ertel must be developed around an anchor store. The small stores don’t generate the traffic which would provide enough customers. The Kroger did that but the Toyota does not. He said we need to create space for another anchor to attract people to the smaller spaces. Mr. Malone said brand image is important; it takes 1 to 3 years to attract tenants. He stated that he e-mailed some changes to the text to staff. He said they cannot comply with many of the requirements. Scott Evans asked Mr. Malone about the square footage of the Fresh Market which was proposed. Mr. Malone said it was a 21,000 square feet building and it was going to be the anchor for the center. Mr. Malone said they were going to demolish it and build a new building. Fresh Market decided not to come, which was not anyone’s fault. Scott Evans said the anchor store must be a store which draws many people.

 

Brad Price, 5862 Timber Rail Lane, Mason, OH, said he needed more clarification on Conditionally Permitted Uses. He had some concerns about sexually oriented businesses, and adult entertainment. He said that they don’t want those near their homes. Lois McKnight said that has been removed by the Deerfield Township Trustees. He said that Waterstone development should be included in the zone change area. He said there is a vacant restaurant there and he believed the Hummer dealership probably won’t be there much longer. He said not including Waterstone seemed inconclusive.

 

Greg Dale said the section about Conditional Uses just refers to other areas of the code. We are not doing anything with Conditional Use codes at this time. Greg Dale stated that the Waterstone is an existing PUD and the standard uses are all defined.  Hayfaa said the Waterstone PUD has very high standards. Lois McKnight added that the frontage along Fields-Ertel in front of Waterstone are in Symmes Township and are not in our jurisdiction.

 

George Bishop, 5915 Timber Rail Lane, said B-TR indicates transition from one zone to another. That indicates the zoning is specific to Fields-Ertel Road. John Richardson said they could change the name. Mr. Bishop said the situation given to the Zoning Inspector should have the option of being heard by the whole zoning commission.

 

Keith McCluskey, McCluskey Chevrolet, 9673 Kings Automall Drive, said they are also under contract for 10000 Kings Automall Drive, the former Sibcy Cline building. He said Kings Automall Drive should be classified as a Conditionally Permitted Use area.

 

Linda Pritchard, Sibcy Cline Realtors, said they own the 6,000 square feet building which Keith McCluskey has under contract. Due to the moratoriums, that building has been sitting empty. She said we want to bring more businesses to the community. Over the last 10 years she has been involved in developing many buildings. She said these suggested changes to the code are not helping business owners. She said the code should show more interest in being business friendly. John Richardson closed the public portion of the meeting.

 

Discussion & Recommendation John Richardson said we need to discuss what areas of the code we are interested in changing.

 

Wendy Moeller, McBride, Dale, Clarion, said she has been trying to make a list of the things the board has been talking about.  She said that Don de Reynier has already proposed the name change of the district. He suggested calling it the Business Redevelopment District. Don de Reynier said this name would apply to other areas of the township, too. He said then sub-areas could be added under the main zone name. Wendy Moeller said she neededs direction. Greg Dale said parallel to this is to update the code and maybe we should keep it non-name specific. Wendy Moeller said some of the comments were about fast food restaurants. John Richardson said when we approved the Kings Toyota which did not allow for all of those cars to be parked out there. John said he would have never approved that use, if he had known cars would be parked all over like that. He said the automall was designed to be behind the retail. Matt Evans said if it turns out that the Toyota cars can stay where they are, would that change the surrounding use? John Richardson said why compound the situation? Wendy Moelller said they could come in for a PUD, zone change. Scott Phillips said the litigation would take a long time.

 

Wendy Moeller said Mr. McCluskey asked if Sibcy Cline building could become a Conditional Use. She said the current Business District has no height maximum restriction. We are proposing a 45 feet height limit. We may use the language which says if it goes over a certain height, the setback must increase. She said maybe there could be a major or minor project in having staff review something or go to the Zoning Commission. Scott Phillips said usually people don’t want to go to the commission. On the required sidewalk, Scott Phillips said if you don’t require them, you will never get them. Wendy Moeller said parking spaces are 10 x 18. John Richardson said we sometimes go to 9 x 18. Wendy Moelller said they need to work out the language on cross access. She also expressed the need to talk about Architectural Standards guidelines. She explained that most zoning codes are moving to more pictures and graphics. Greg Dale said normally people would say a picture is worth a thousand words. You can see what you are trying to achieve, Don de Reynier said they should have figure numbers designating the picture.

 

Wendy Moeller moved on to discuss the façade requirements. Matt Evans said by reading the text and trying to comprehend what they are talking about, he could see the need for drawings. Matt Evans said either the text should be changed or make sure to include the graphics. There was discussion on making the view of the sides and back of buildings look nice on 3 sides but if the back is very visible, making the back look nice like the primary side. There was more discussion.

 

Wendy Moeller went on explaining the various architecture standards.

 

Scott Evans asked if we could tell them where to put their satellite receiver. Greg Dale said we could tell them but if reception doesn’t work, there must be flexibility for them to be allowed to move it.

 

There was more discussion on prohibiting backlit box signs. Matt Evans wanted some changes made to location of entrances to buildings. He said it would help if one door was visible from the street.

 

Wendy Moeller addressed landscaping and buffer yards, they have discussed removing landscape medians between every four parking spaces. That is a change which we have been seeing around the area for a while. She said there was an illustration of that for the board to view.

 

Matt Evans suggested changing the word from style to character. Wendy asked him what “character” means. They decided to use the word “feature.”

 

Wendy Moeller said regarding lighting they suggested increasing the height to 12 feet for non-cutoff lights and 30 feet for cutoff lights. She suggested this since there are no residents there. John Richardson saw no reason to change what they have always used 10 and 24 feet and he said he suggested not to go any higher. Matt Evans when they do PUD’s he doesn’t recall using the term “cut off” bulbs. Hayfaa Wadih stated that we use the “down directional” term. Wendy said the more decorative lights usually are not cut off.

 

Outdoor bulk storage and display were next to be discussed, Wendy Moelller said they have heard comments about this issue and the it should be allowed just on the sidewalk adjacent to the building.

 

Wendy Moeller said they would go back and revisit this whole non-conforming use issue. She said they would try to clarify that. If they are going to replace a sign they must comply with new sign regulations. We allow drive thru in all 3 sub areas now but in the draft we have fast food as prohibited. Should we allow fast food in all 3 areas? Greg Dale said you could make the fast food approval a conditional use. Greg Dale said they received one submission which they have seen for the first time from Greg Malone and they haven’t had an opportunity to look at that yet. Wendy Moeller asked if there are others here who haven’t made comments and could we get that in writing. Cherry Linder said if we allow fast food, it would become just like it is across the street, with Taco Bell, KFC, and McDonalds. Wendy Moeller said fast food must go through the BZA and there are stacking requirements. John Richardson asked would we allow a kiosk.  Wendy Moelller said they could be allowed unless we spell out they are only allowed when they are an integral part of another principle such as a bank. Matt Evans asked do we limit the square footage. Greg Dale stated that the issue for them is in the building itself and allow drive through only when they are part of a main building.

 

Matt Evans said sometimes the outdoor eating section of restaurants can encroach into the public right of way. Scott Phillips said maybe they have some type of license agreement.

 

Matt Evans said we are trying to develop a corridor along here and we can try to control the development of them so that the buildings tie together. Greg Dale asked Matt Evans if he thinks they can allow drive thru. Matt Evans said yes.

John Richardson asked Lois McKnight to remind the board of upcoming meetings in May.  She stated that May 5th was a work session meeting for the Residential Transitional Text and Map Amendment and the regular meeting May 12th. John Richardson suggested another meeting May 19th.

 

Linda Pritchard, Sibcy Cline Realtors, asked if she would be allowed to use the building at 10000 Fields-Ertel Road, for auto sales. She was told that office building would not be allowed for car sales. Lois McKnight told her to look on the paper work where it was written out.

 

MOTION John Richardson moved, seconded by Matt Evans, to continue Case 2008-032 until a Special Meeting to be held May 19, 2008, at 7:00 PM, as recommended.

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Robert Giesse. ABSTAIN: None.

 

Case #2008-034 Amendment to the Zoning Map, rezoning certain properties from General Business (G-B) and General Business (G-B) with PUD overlay to Business Transitional (B-TR)

 

MOTION John Richardson moved, seconded by Don de Reynier, to continue Case 2008-034 until a Special Meeting to be held May 19, 2008, at 7:00 PM, as recommended.

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Robert Giesse. ABSTAIN: None.

 

Old Business Lois McKnight said the next Comprehensive Planning Forum will be Wednesday, May 14, 2008.

 

Adjournment MOTION John Richardson moved, seconded Scott Evans to adjourn.           

 

The motion was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder.                                                                                                              

_______________________________________________                          ______________________________________

John Richardson, Chair Person                                 Date                       Marilyn Arnold, Secretary                       Date