AGENDA
CALL TO ORDER: John Richardson, Chairperson
Roll Call John Richardson, Don de Reynier, Matt Evans, Alternate Cherry Linder were present. Scott Evans and Robert Giesse were absent with notice. Also present was township legal advisor, Joe Walker.
Minutes of 12/10/07 Motion by Don de Reynier to approve the minutes of 12/10/07 with a change to one letter on the second page. 2nd by John Richardson.
Joe Walker, Township Attorney, administered the oath to those giving testimony.
Case #2007-543 Stage 2 approval for Kings Veterinary Hospital located in the Smyth Center along US 22 & 3
Staff Report Hayfaa Wadih described the proposed one story, 5,218 square feet building. Storm water management was proposed with drainage catch basins and pipes that would connect to the proposed detention pond under the parking area to the south and west of the site.
Warren County Regional Planning Commission reviewed the case and recommended approval subject to 11 conditions. The Warren County Engineer approved the storm water detention calculations and an as-built drawing must be submitted and approved prior to issuance of the zoning certificate. ODOT asked that a permit from them be obtained to allow storm water discharge into their right-of-way. Warren County Sanitary Engineer said the sewer and water systems are sufficient to serve the proposed development. The Warren County Soil & Water Conservation District said that a concrete washout area must be shown on the erosion and sediment control plan, and that plan review and site inspection and performance bonding are required. DTFR said there must be space to turn a 40 feet school bus for fire apparatus access and they need to see proposed or existing fire hydrants.
The proposed veterinary use is a principally permitted use in General Business. The access and parking was in compliance. The landscape and open space plan exceeded the requirement with more open space than required. The plan for the ground mounted sign was less than required. The wall sign shall adhere to DTZR allowing one square foot per sign area for each one linear foot of building frontage. The light pole of 24 feet with maximum of 0.2 foot-candles was
in compliance. The rural residential character would be a good fit with the surrounding buildings in the area.
The Deerfield Township Trustees have been encouraging a pedestrian friendly community. A sidewalk has been recommended by the Warren County Regional Planning Commission. The proposed plan showed a 5 feet wide concrete sidewalk and the county recommended a 10 feet wide asphalt bike patch. Staff suggested that the developer pay the cost of what the 5 feet sidewalk to be applied toward the total cost of the new pathway. The staff recommended approval including 14 suggested conditions.
There was some discussion on the sidewalk of bike trail along Route 22 & 3.
Proponent Allen Messer, 11120 Kenwood Road, Blue Ash, Unlimited Development, asked who the payments referred to in Condition #9, would go to. Lois McKnight said that hasn’t been worked out but she believed the payment would go to the township and a plan could be worked out by the next phase.
Mr. Messer was concerned about the 0.2 foot-candle lighting requirement because of the street lighting along Route 22 & 3. Lois McKnight said it was very important to achieve those levels around the building. She said those requirements only cover the parking lot, not what spills out from the parking lot. John Richardson said this board has never been flexible on the lighting. Lois said we need some additional information on the levels at the access road. John Richardson said we don’t know the light measurement beyond the actual site. Matt Evans asked about the fencing shown on the north east corner of the site.
Dr. Paul Lecompte, the veterinarian owner, came forward and explained the outside fenced area. He pointed out the fenced area which he said would be shielded from view and was secure. That would be a walking area for the dogs but they would not be left out there. He explained another fenced privacy area with a picnic table for the employees to have lunch. Matt Evans asked about the hours of operation. He said they open 7:30-8:00 AM until 7:00-8:00 PM. Matt Evans asked how late the parking lot lights would be on. The doctor said they could be put on a timer. Allen Messer said the Warren County Engineer wanted an “as built” storm water detention system constructed and in place prior to the zoning permit being given. John Richardson asked for more questions. There were none. He asked for public comments there were none.
Discussion John Richardson talked about the wording of Condition #9 and allowing the applicant to pay the “5 feet sidewalk” amount towards the cost of the 10 feet asphalt bike trail. There was discussion regarding that and making sure there would be an agreement regarding it. The conditions were as follows:
1. Adherence with all previous Warren County and Deerfield Township resolutions of record applicable to the subject property.
2. Approval of vehicular access and interior traffic circulation and proposed cross connection with the Peter Demas PUD by the Warren County Engineer in conjunction with the Deerfield Township Fire Rescue.
3. Recording of necessary cross access easements prior to final site plan approval.
4. Compliance with all requirements of the Ohio Department of Transportation (ODOT) prior to the issuance of the Zoning Certificate:
1. A permit will be required to discharge underground detention into the U.S. Route 22 & 3 right-of-way.
2. No direct access from U.S. Route 22 & 3 shall be permitted.
3. The site should be responsible for storm water management for the proposed development, as well as parcels that utilize the existing above ground basin. Legal easements should be executed to ensure this occurs.
5. Prior to the issuance of the Zoning Certificate, a concrete washout area shall be shown on the erosion an sediment control plan, to the satisfaction of the Warren County Soil and Water Conservation District.
6. Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges associated with construction activities, as determined by the Warren County Soil and Water Conservation District.
7. Approval of an erosion and sediment control plan by the Warren County Soil and Water Conservation District, prior to issuance of the Zoning Certificate.
8. 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 and approved on the final plan.
9. In recognition of the Deerfield Township Trustees’ desire to have a 10 feet wide hiker/bike trail along Route 22 & 3, the developer shall pay to Deerfield Township the equivalent cost for a five (5) feet concrete sidewalk along the U.S. Route 22 & 3 frontage to be applied toward the total cost of the new 10 feet asphalt bike path.
10. The developer shall pay to the township the equivalent cost for five (5) feet concrete sidewalk along the U.S. Route 22 & 3 frontage to be applied toward the total cost of the new 10 feet asphalt bike path.
11. The number of parking spaces is approved as proposed.
12. Landscape plan is approved as proposed.
13. The sign are approved in compliance with Chapter 22, Signs of the Deerfield Township Zoning Resolution in General Business District which permits one ground mounted sign and one wall sign:
a. The ground mounted sign is approved as proposed.
b. The wall mounted sign shall have a total face area of one square foot per one linear foot building frontage.
c. Wall sign shall be located on the building or structure to which it is an accessory use and shall not project more than 15 inches from the building wall.
14. Illumination shall not exceed 0.2 foot-candles along the site boundaries and the right-of-way. The total height of light pole fixture shall not exceed 24 feet from ground level.
15. All roof-top mechanicals and light wells shall be screened from public view and from the right-of-way by parapet walls.
Motion by Don de Reynier to approve Case 2007-543 including the 15 Conditions as suggested by the staff with a modification to Condition #9 stating:
9. In recognition of the Deerfield Township Trustees’ desire to have a 10 feet wide hiker/bike trail along Route 22 & 3, the developer shall pay to Deerfield Township the equivalent cost for a five (5) feet wide concrete sidewalk along the U.S. Route 22 & 3 frontage to be applied toward the total cost of the new 10 feet wide asphalt bike path.
Case #2007-565 Site Plan Review for Landen Offices located east of I-71 and south of Corporate Way
Staff Report Hayfaa Wadih described the property and the location of the 4.687 acre parcel along I-71 near the east side of Socialville-Fosters Road. The proposal shows four office buildings 9,000 square feet each.
Warren County Engineers said they must still submit a storm water management plan including the calculations. There were no comments from Warren County Sanitary Engineer. Warren County Soil & Water Conservation district suggested a plastic lined storm water retention area. The DTFR recommended there must be turning space for a 40 feet school bus and they must show the proposed or existing fire hydrant.
Access to the development is via Corporate Way, a private road. There were 77 more parking spaces than what the township required but the applicant said that would help since they were trying to lure medical office use. The township code required a 20 feet setback when office land use abutted residential. This plan does not meet that requirement. The building #3 and building #4 were closer than 20 feet to the neighbors. Ms. Wadih said they must change the plan or come back to the BZA and ask for a variance. The building 1 and 2 had the allowable setbacks and they were seeking approval for those two tonight.
There were no landscaping islands in the parking lot with plantings as the code required and the amount of open space was less than the requirement. No sign information was provided at this time. There was no lighting plan provided. The building materials presented were the type used for a Class A office building. The staff recommended approval including 17 conditions and Ms. Wadih added an 18th condition regarding the Simpson Creek Watershed.
1. Adherence with all Warren County and Deerfield Township resolutions of record applicable to the subject property
2. Recording of an access easement in order to connect to Corporate Way is required.
3. Road improvements, as applicable, shall comply with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, as determined by the Warren County Engineer, with appropriate latitude, within sound engineering principles.
4. Approval of interior circulation by the Deerfield Township Zoning Commission, in conjunction with the Deerfield Township Fire Department.
5. Approval of a stormwater drainage plan by the Warren County Engineer, in compliance with the Rules and Regulations for the Design of Stormwater Management Systems is required prior to the issuance of the Zoning Certificate.
6. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollution Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.
7. Approval of an erosion and sediment control plan by the Warren County Soil and Water Conservation District, prior to issuance of the Zoning Certificate.
8. 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.
9. Provision of sufficient hydrants for fire suppression activities, at developer expense, as determined by the Deerfield Township Fire Rescue.
10. Revised landscape plan is required prior to the issuance of the Zoning Certificate showing landscaped bufferyards of 20 feet in width to the north and south sides in accordance with DTZR, Section 21.10 and some interior landscaped isles in the parking area in accordance with Section 21.08.
11. Prior to the issuance of the Zoning Certificate, submission of signage drawing is required showing the number of signs, height and width in compliance with Chapter 22 Signs, 22.09 Signs permitted in the Office District.
12. Prior to the issuance of the Zoning Certificate, staff requires to see a photometric plan for the site showing a maximum illumination intensity of 10 foot candles and 0.2 foot candles along residential area and the right-of-way and along I-&71 to the west. Light poles height shall not exceed 24 feet from the grade level.
13. Wall mounted lights shall be down directional.
14. Building height shall not exceed 45 feet in the Office District.
15. All roof-top mechanicals and light wells shall be screened from public view and from the right-of-way by parapet walls.
16. Dumpster enclosure material and color shall match the building material and color.
17. Compliance with the Warren County Subdivision Regulations.
18. Applicant shall submit a letter demonstrating compliance with the Simpson Creek Storm Water Matrix.
John Richardson asked for questions from the board. There were none so he asked the applicant to come forward.
Proponent Rick Seever, Keisland Development, said they had verbal consent from Chuck Petty from the Warren County Engineer regarding the storm water management, that they were allowed to tie into the regional detention facility to the east.. He asked whether staff can approve those conditions or must he come back to this board again. He said they would be coming back to BZA to get the variance for Buildings 3 and 4, for the set back. John Richardson asked for public comments. There was none.
Old Business Don de Reynier mentioned receiving a copy of Chapters 3 and 22 from the zoning resolution, and he suggested that the next time a date be put on them.
New Business Lois McKnight reminded the board of the Comprehensive Planning Meeting on January 24 John Richardson said typically at the first meeting of the year, this board chooses the chair person for the year. He said that business will be taken care of next month.