MINUTES
CALL TO ORDER: John Richardson, Chairperson
PRESENT: John Richardson, Robert Giesse, Scott Evans, Donald De Reynier and Cherry Linder.
ABSENT: Matt Evans
STAFF: Lois McKnight, Hayfaa Wadih, Marilyn Arnold.
Also present was Township Attorney Joe Walker.
Donald De Reynier moved, seconded by John Richardson, to approve minutes of 06/09/08, as recommended.
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Matt Evans. ABSTAIN: None.
Joe Walker, Township Attorney, administered the oath to those planning on giving testimony.
Case #2008-206 Site Plan Review for 3700 Fields-Ertel Road, owned by Brenda Mullins
Staff Report Hayfaa Wadih, explained the location of the 2.66 acre parcel which is zoned General Business. The site had been used an auto detailing shop. After the owner passed away, his family wanted to lease out the space for the same use requesting to add a total of 50 parking spaces which prompted the request for this Site Plan Review. The agreement to lease the property fell through and now the applicant is proposing to add 14 parking spaces to help her in marketing the property. There is on the site a structure with two bays and an existing concrete driveway. Ms. Wadih explained all that the applicant must do in order to receive approval from various government agencies.
Deerfield Township Zoning Commission has reviewed the site plan application for the Mullin’s Property at 3700 Fields Ertel Road and recommended approval on subject to eleven (11) conditions listed below:
4. 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 Storm water 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.
5. A letter of approval in accordance with Section 8.01 (E) (2) of Deerfield Township Zoning Resolution from Deerfield Township Fire Rescue for interior circulation, emergency access, and location of fire hydrants shall be submitted prior to issuance of the Zoning Certificate.
6. 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.
Ms. Wadih asked the board for questions and showed photos of the property. She explained where the parking would be located and the location of the handicapped parking spaces. There were no questions so John Richardson asked for the applicant to come forward.
Proponent Tom Craven, Landscape Architect representing Brenda Mullins, the owner, explained that the property was used by Mr. Mullins for car sales. The structure is approximately 3300 square feet. He said the only parking is a concrete driveway leading to the 2 existing bays. Mr. Craven said proposed parking we have is for 16 parking spaces, plus the 2 existing. He said the grade is 2% east to west and they plan the storm water to be directed towards Meijer’s retention basin. John asked the board for questions. There were none.
Concerned Citizens Mary Wortham, 9753 Snider Road, asked how the property is currently being used and what is planned for the future. She was told that it is currently vacant and they don’t know what will be there until it is leased. Seeing no others who wanted to speak, John Richardson asked for board comments and questions.
Motion John Richardson moved, seconded by Robert Giesse, to approve Case 2008-206 including the 11 Conditions as recommended by the staff.
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Donald De Reynier, and Cherry Linder. NOES: None. ABSENT: Matt Evans. ABSTAIN: None. The motion was approved.
Joe Walker, Township Attorney administered the oath to those giving testimony.
Staff Report There have been 4 previous attempts to rezone this 1.514 acres property. She said there have not been many attempts to market the property without the zone change from R-SF to Neighborhood Business with a Planned Unit Development Overlay. She described the surrounding zoning. She said this rezoning would be in conflict with the Land Use Plan. She said the introduction of the bank there would not be good for the neighborhood. The allowance of this would be detrimental to the residential area. Through the Comprehensive Plan process the proposal is for public use. The requested rezoning is undesirable and has no merit from a land use standpoint. Several residents of this area have raised concerns. Staff feels that any commercial encroachment will be a detriment to the residential area.
Upon reviewing the first rezoning request at their meeting on March 15, 2005, the Deerfield Township Board of Trustees, in Resolution 2005-28, denied the request to rezone the property to accommodate a bank and a jewelry store based on the following five (5) findings for denial:
1. That there was no evidence presented before the Board that the property owner made a good faith effort to market the property as it is currently zoned;
2. The Property owner rejected a bona fide offer for the property for its appraised value as it is currently zoned;
3. The zone change request is not in compliance with the Township land use plan and such a zone change would have no broader land planning objective or benefit to the surrounding property owners;
4. Economic viable use of the Property has not been denied to the property owner; and
5. There is no evidence that the Property owner cannot construct a single family residence on the Property as it is zoned for a reasonable return on its investment in the Property.
John Richardson asked for the applicant to come forward.
Proponent Mike Hellman, Edge Real Estate Group, 8154 Montgomery Rd., Suite 200, Cinti., OH 45236, said his company has the contract to market this property. He said on the staff report it mentioned that the 3 sides around the property are Residential Single Family. However 2 of the 3 sides have a non-residential use and only one has homes located there. He said earlier this year the Deerfield Township Trustees gave approval at Irwin-Simpson Road and Wilkens Boulevard to change the zoning from Residential Single Family to Neighborhood Business PUD. Mr. Hellman said the staff mentioned that R-SF is not a proper use for the property but at 1 ½ acres it is too small for a church or school. He said they tried to do several things which would work and they planned for a large buffer which they hoped could be used for an entrance turn lane. He mentioned working something out with the Village Church next door for an entrance. He said there are issues with the small size of the property. He said he would answer questions.
Don de Reynier asked him if he had been the agent marketing this lot. Mr. Hellman said Thompson Real Estate has been taking care of that. Mr. de Reynier asked him if there was interest shown in purchasing the lot. He said he didn’t know if there were offers. The Elders had made an offer before they built the new school on Duke Blvd.
Joe Hodge, Edge Real Estate Group, 8154 Montgomery Rd., Suite 200, Cinti., OH 45236, said he had met with John Thompson and the Robertson’s. He had 4 or 5 users who expressed interest. There were day care and commercial use offers. John Richardson asked him if the access shown on the plan through the church had been approved with them. Mr. Hodge said they have made overtures to them but they did not have an agreement. John Richardson said that is speculation that you have access. Don de Reynier asked if there would be a 24 hour ATM on the bank site. Mr. Hodge said they pulled information from the 7 locations nearest to this and said there is drastically less usage in the evening and night hours. He said that would be a minimum impact on the residential area. John Richardson asked for public comments.
Jim Rogers, 4937 Old Irwin-Simpson Road, said there would be bright lights shining on the homes along Irwin-Simpson Road. He said he didn’t believe the church would give the permission for them to drive across their property and tie in to the access road. He said he heard them say that when they Robertson’s came the last time for approval.
Concerned Citizens Joe Hodge, Edge Real Estate Group, 8154 Montgomery Rd., Suite 200, Cinti., OH 45236, said they have customer information from Chase Bank. Their transactions are about 10 customers per hour. They are open 9:00 AM to 6:00 PM. This use is a better weekend neighbor than the Ethan Allen Gallery which was proposed for the site before.
Norma McKuen, 4937 Old Irwin-Simpson Road, said she lives in the 4th house. She said if they thought the developer should go to the homeowners along the first several homes near Mason-Montgomery Road on Irwin-Simpson and purchase those houses. That way there would have more land to work with. She suggested they put some low rise medical buildings there. She was concerned that the bank could be robbed.
John Richardson asked for more public comments. There were none so he closed the public portion of the meeting and asked for Board Discussion.
Motion Donald De Reynier moved, seconded by Robert Giesse, to deny Case 2008-178 for the Zone Change from Residential Single Family to Neighborhood Business PUD.
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans and Donald De Reynier. NOES: Cherry Linder. ABSENT: Matt Evans. ABSTAIN: None. The motion was approved.
New Business There was no new business.
Old Business Lois McKnight said she would appreciate this board’s attendance at the Deerfield Township Trustee’s Work Session.
Motion John Richardson moved, seconded by Robert Giesse, to adjourn as recommended.
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Donald De Reynier and Cherry Linder. NOES: None. ABSENT: Matt Evans. ABSTAIN: None.