MINUTES
CALL TO ORDER: John Richardson, Chairperson
PRESENT: John Richardson, Robert Giesse, Scott Evans, Matt Evans, Donald de Reynier and Cherry Linder.
ABSENT: None.
STAFF: Lois McKnight, Hayfaa Wadih, Marilyn Arnold.
Motion Donald De Reynier moved, seconded by Scott Evans, to approve the minutes of 05/12/08, 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. ABSTAIN: Robert Giesse.
Motion Donald De Reynier moved, seconded by John Richardson to approve the minutes of 05/19/08 including a suggestion by Don de Reynier to change his statement on the 2nd paragraph, 2nd page , 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. ABSTAIN: Robert Giesse.
Case #2008-032 Amendment to the Zoning Resolution establishing Residential Transitional (R-TR) District
The motion to deny was approved on the following vote: AYES: John Richardson, Scott Evans, and Don de Reynier NOES: Matt Evans, Cherry Linder ABSTAIN: Robert Giesse.
Case #2008-034 Amendment to the Zoning Map, rezoning certain properties from Residential Single Family to Residential Transitional R-TR)
Motion Matt Evans moved, seconded by Cherry Linder, to deny Case 2008-034 for the Map Amendment.
The motion to deny was approved on the following vote: AYES: John Richardson, Scott Evans, Matt Evans, Donald de Reynier and Cherry Linder. NOES: None. ABSTAIN: Robert Giesse.
Scott Phillips, Township Attorney, administered the oath to those giving testimony.
Case #2007-196 Stage 2 Approval for Kings Mills Restaurant and Retail Lots located at the northeast corner of Kings Island Drive & King Avenue
Staff Report Hayfaa Wadih said the applicant was applying for Stage 2 approval. She explained the proposal for the 3 restaurants and a retail center on 7.275 acres which is zoned G-B PUD. The plan showed 3 access roads from Kings Mills Road and one from Kingsview Drive to the north. She said two of the access roads off Kings Mills Road were right-in and right-out only. The plan showed 83 parking spaces for the retail lot, 6 of which were for handicapped. A total of 30 parking spaces were proposed for the restaurant on Lot 2, and 31 spaces for the restaurant on Lot 3. There were 102 spaces shown for the restaurant on Lot 4, 7 of which were for handicapped. The parking spaces were shown 10 feet by 18 feet. The plan showed catch basins and pipes directed to a detention pond. She gave the history of the property.
She explained several reports she had from Warren County. Hayfaa said WCRPC recommended approval with 17 conditions. Warren County Engineers suggested a traffic study, a variance for spacing in relation to Columbia Road, and an access easement necessary to serve the adjacent parcel located on the corner of Columbia and Kings Mills Road. Warren County Water & Sewer would provide water service. The sewer service would be the developer’s responsibility to extend the pipes across the properties to be served. Capacity may be limited. Warren County Soil & Water Conservation District said an erosion and sediment control plan was required. Deerfield Township Fire Rescue asked for a 40 feet school bus turn space and wanted to see the proposed fire hydrants.
Use Hayfaa said the proposed use was permitted in the G-B zone and an appropriate fit. Access & Parking Staff agreed with the access configuration and the Warren County Engineers comments. The DTZR required 251 parking spaces and 246 were shown on the plan. Staff believed the square footage for the outdoor seating was not included in the calculation but staff thought the number of spaces was adequate.
Landscape & Open Space The landscape plan was in compliance with the PUD and DTZR requirements. Signage Detailed wall sign information will be required for Stage 3 submittal. The material of the sign shall match the building materials and colors. Lighting A photometric analysis will be required and elevation drawings will be required for Stage 3. Miscellaneous Hayfaa said that a 10 feet wide sidewalk shall be provided along Kings Mills Road and Columbia Road, frontages like the one shown at the Merklinger Insurance Office on Columbia Road. The common access necessitates the provision of a property owners’ association for maintenance. Staff recommended that the retention pond be a wet basin with additional temporary capacity. She said the applicant would be requesting Stage 3 approval in phases as the restaurants are developed. Hayfaa said staff suggested that they put in common elements which would tie the development to the Hamlet of Kings Mills. In the event of approval staff had19 conditions as follows:
1. Compliance with prior Resolution of record applicable to the subject property.
2. Site access and cross access to adjoining properties as determined by the Warren County Engineer in conjunction with the Deerfield Township Fire Rescue based on a traffic impact study (TIS) for turning movement, turn lane lanes and traffic distribution provided by the developer prepared in accordance with Warren County Access Management Regulations and approval of a variance by the Board of County Commissioners for drive spacing in relation to Columbia Road .
3. Improvements shall comply with the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, with appropriate latitude within engineering principles, as determined by the Warren County Engineer.
4. Dedication of public rights-of-way in compliance with the Warren County Official Thoroughfare Plan or greater as determined through review of the required TIS.
5. Compliance with the Rules and Regulations for the Design of Stormwater Management Systems, as determined by the Warren County Engineer. Due to the percentage of impervious surfaces, bio-retention, wetland pretreatment and/or extended detention will be required.
6. Compliance with the Ohio Environmental Protection Agency (OEPA) National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges associated with construction activities.
7. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil and Water Conservation District.
8. Prior to final site plan approval, 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.
9. Prior to the issuance of zoning permit, applicant shall secure and submit a letter of approval from Deerfield Township Fire Rescue.
10. A detailed lighting plan including fixture types and photometric analyses is required with Stage 3 submittal. Illumination shall not exceed 0.2 foot candles along site boundaries zoned and/or used for residential purposes.
11. Existing mature vegetation shall be maintained to the greatest degree possible and shall be so identified on the final site plan. Providing information on the total percentage of the open space. The number of parking is approved as provided.
12. Compliance with Chapter 22, Signs of the Deerfield Township Zoning Resolution, General Business District which permits each occupant two signs; one ground mounted sign and one wall sign with the following requirements:
a. The maximum height for a ground mounted sign shall be seven (7) feet with a maximum are of 35 square feet.
b. The maximum height for wall sign shall be no higher than the wall on which it is erected with a maximum cumulative sign face area 150 square feet. Wall sign square footage shall be computed by permitting up to one (1) square foot of sign area for each linear foot of building frontage.
c. Ground mounted signs shall be located on the same lot to which it is an accessory use and shall be located no closer than five (5) feet from the right-of-way.
d. Wall signs 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.
13. Sidewalks 10 feet in width shall be installed along the Kings Mills Road and Columbia Road frontages.
14. All roof-top mechanicals and light wells shall be screened from public view by parapet walls and from the right-of-way.
15. Creation of a property owners’ association of the purposes of ownership and maintenance of common stormwater, signage and landscaping features.
16. Submission of building elevation drawings is required for Stage 3 approval.
17. The proposed detention pond shall be engineered as a retention pond.
18. Compliance with Warren County Subdivision Regulations including dedication of public rights-of-way, common access, drainage and public utility easements as well as creation of individual lots.
19. Applicant is granted partial approval of Stage 2, Preliminary Site Plan. Final Stage 2 approval will be granted upon review and approval by the Zoning Commission of a design package for the entire development which includes details on design elements such as signage, landscaping, hard-scaping, pedestrian points, and architectural theme.
Hayfaa asked for questions. Matt Evans said the elevations are Stage 3, so what is the staff asking for in the elevations. Hayfaa said they are asking for some coherent development. Matt said are you looking for some type of theme instead of design. He asked about one part of the property near the corner of Columbia Road. Hayfaa said the applicant would explain that part of their property. Lois McKnight said eventually we hope to get sidewalks throughout the township. Matt asked if there is any plan for crosswalks or lights because he often sees students running across the road there to get food at McDonalds. Lois said that Warren County has been looking at “safe routes to school” programs and they may want to look into that. Lois said there is a lot of rush hour traffic in that area.
Proponent Mike Paolucci, Select Strategies, LLC, 7250 Beechmont Avenue, Cinti., OH came forward and he introduced Shawn Mason, Engineer with EMH&T, 8790 Governors Hill Drive, Suite 110, Cinti., OH 45249 . He said the reason this is a year old is that they have gone through 15 site plans. A week ago he heard of the Comprehensive Plan so now according to Condition #19, they must come up with some elements which would be consistent with the hamlet and the history of Kings Mills. He said they were frustrated by the situation. He said Kings Mills has many types of houses and there are no features he could see which would make a development look like Old Kings Mills.
Mr. Paolucci said that the 1.06 acre, corner section of the property is not under contract with them. Mr. Paolucci was emphatic that no development would occur there and that they were not including it in the purchase from Great American Insurance. He said it is currently shown as part of the site plan. The lot was a former site of a gas station and they do not want to clean that up. He said they cannot do Stage 3 until they learn who the tenants would be and he didn’t believe tenants would be interested in coming if they had to try and change their facility to match Kings Mills.
Mr. Paolucci said they didn’t know what to do with Condition #19. John Richardson said the tenants would want their specific building. Mr. Paolucci said they have their own identity. John Richardson said he was concerned with all of the accesses but the Warren County Engineers came up with that plan. John said they should only have one access not all of the others. Mr. Paolucci explained the right-in right-out lanes. He said Great American, who owns the vacant lot across the street, requested that the one entrance lane be lined up a particular way so in the future when their lot develops, they could have a traffic light. Matt Evans asked about a drive through area shown. Shawn Mason explained that they hope to have a bank or a fast food building which has a need for the drive through area. John Richardson closed the proponent part of the meeting and asked for any public who wanted to comment. There was none.
Discussion Lois McKnight said they have been working on the Comprehensive Plan for about a year now. She said this area is the entertainment/hospitality area to draw folks in. She said it is close to Kings Mills which is one of the most historic areas in the township. She said they could look at this to say who we are. Lois said the Comp Plan said when you pull off of I-71 it would show that we are in a historic area. The Comp Plan is not finished yet for them to be able to read. She said there is nothing that the staff can mandate. Lois said this would be an opportunity for the township to try to establish that character in some way. She said she knew the applicant was frustrated. By doing a partial approval, the staff wanted to give them enough time so they can talk to tenants. Staff hopes to establish some standards, which would tie the new buildings to the historic character of Kings Mills. She said that they probably have worked on other developments where tenants would have the same signs, and similar characteristics. Lois said they are looking for some type of consistency.
John Richardson said that in Arbor Square we asked for complimentary colors and features. He said it is hard to define. He asked what would they do with a “partial” approval. Don de Reynier said they are concerned because we are not specifying what they should do. Lois said she wanted to give them enough variety to choose from so the can market the site. John Richardson asked Lois if this was approved would staff be able to tell them in a couple weeks what the guidelines are. Hayfaa Wadih said they took photos of Kings Mills areas and showed the applicant some ideas of what they would be suggesting. Matt Evans said he applauds the idea but they are not close enough to Kings Mills. He said the clap board, box gutters, etc. at Kings Mills are not something to use at that location. Maybe they could match the nearby Kings High School.
Motion John Richardson moved, seconded by Donald De Reynier, to approve Case 2007-196 including the 19 Conditions from Staff changing the last word in Condition #19 to read “theme” instead of “design.”
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Matt Evans, Donald de Reynier. NOES: None. ABSTAIN: None.
Administering the oath to those giving testimony by Scott Phillips, Township Attorney.
Case # 2008-161 Site Plan Review for a Religious Place of Worship at 8801 Columbia Road
Staff Report Hayfaa Wadih said this was a site plan review to build a Russian church on Columbia Road. She explained the setbacks which were 360 feet front, 79 feet back and 25 feet on each side. The building is 6500 square feet and is one-story. The landscape plan showed a 25 feet buffer planted with various types of plants. She described the building as limestone and stucco with a dark trim. The gable roof was shingle. The building is 10 feet high to the building line and 20 feet to the peak of the roof.
Warren County Engineers said there was no traffic impact study necessary. Warren County Sanitary Engineer had no comments. Warren County Soil & Water Conservation District had no comments. Deerfield Township Fire Rescue asked for an auto-turn template and sufficient hydrants to be provided for fire suppression.
The use as a conditionally permitted use was approved by the BZA, February 14, 2008, which is allowed under the current zoning. Applicant is providing a place of assembly for 188 people and 47 parking spaces. The currently attendance is 70. Each parking space will be 10 x 18 feet. The provided landscape plan exceeded the DTZR requirements in the quantity provided; however, the row of bushes is to be 6 feet high. The wooded area to the west is to be undisturbed.
No lighting plan was provided but there are regulations on what the township allows. One freestanding or wall sign is permitted at maximum 25 square feet size. Hayfaa said the applicant is presenting a nice looking building with a feature over the windows and a stained glass window at the front of the building.
In the event of approval, staff recommends the following conditions:
1. Prior to the issuance of the Zoning Certificate, a letter of approval of storm water drainage plan by Warren County Engineer, in compliance with the Rules and Regulations for the Design of Storm water Management Systems is required.
2. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for storm water discharges associated with construction.
3. 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
4. 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.
5. 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.
6. Provision of sufficient hydrants for fire suppression activities, at developer expense, as determined by the Deerfield Township Fire Rescue, prior to issuance of the Zoning Certificate. An auto turn analysis is necessary, demonstrating adequate fire apparatus movement of 40 foot bus template.
7. The number of parking spaces and the size are approved as proposed.
8. All parking for the users of the facility shall be limited to on-site and shall not be permitted within the right of way.
9. Sign shall adhere to the DTZR which requires one freestanding or wall sign for this development. The total face area shall not exceed 25 square feet. Signage requires separate zoning permit.
10. A photometric plan shall be submitted prior to the issuance of the Zoning Certificate. All project lighting fixtures shall be down directional and full cut off, directed away from the adjoining residential properties. The maximum height of lighting fixtures including wall mounted light fixtures shall not exceed 15 feet. The maximum illumination intensity shall not exceed 10 foot candles and a minimum of 0.2 foot candles at the property lot lines.
11. Prior to the issuance of the Zoning Certificate, a revised landscape plan is required showing proposed bushes of six (6) feet in height. Wooded area to the west is to remain.
12. Compliance with the Warren County Subdivision Regulations.
13. All air conditioning units must be against the building on the west elevation.
14. A letter of approval indicating compliance with the Simpson Creek Stormwater matrix
John Richardson asked about Condition #5. Hayfaa said that is a standard condition. Matt Evans asked about how the parking calculation was done. Hayfaa said she counted the number of seats in the sanctuary.
Proponent Architect William Fiedler, Milford, OH, introduced Jonathan Evans, Site Engineer, who can answer site and storm water questions and Attorney Shawn Sheuter. He said the pastor of the church was here also. He said the site was a challenge for the engineer, due to the long narrow shape. What they were concerned about, was to develop the site so it collects and stops water flow to surrounding property owners. The footprint, 50 x 130 hasn’t changed. They wanted to explain to staff the materials and colors they plan to use. There are sidewalks coming from the sides of the sanctuary. There is an EFIS type material being used and a stone design area on the front. A stained glass section is planned to go on the front of the building. He talked about the sign. He said they wanted to put some lighting along the sidewalk in the landscape area. The parking lot lights are 7-8 feet talk with down directed lamps. Mr. Fiedler said the light fixtures being used are residential not commercial. The light by the entrance door is shielded from the residential area. There is a stucco trim around the windows. The downspouts will be piped to the storm water system on the property to the detention pond.
Jonathan Evans, Site Engineer, Cinti., OH, said most of the storm water is from the east. There is an existing catch basin, and they will tie all of the storm system into that. Everything to the west, the woods and trees, will not be disturbed. All water will be directed to the pond in the front of the property. Mr. Evans said they did the plan according to the Warren County regulations. He said they oversized the detention pond. There is a radius in the right-of-way. There used to be a residence there with a 6 inch tap but they did not use it. He asked for questions from the board. There were none.
Architect William Fiedler, Milford, OH, explained the floor plan, stair way, basement, location of 4 furnaces, water heater, etc. John Richardson closed the proponent portion of the meeting and opened the meeting to public comment.
Concerned Citizens Lee Eldridge, 8821 Columbia Road, complained about the storm water and that this proposed church would make it worse. He didn’t like the way his driveway was cut off. John Richardson asked Jonathan Evans to come back up and talk about the storm water. Jonathan Evans, Site Engineer, Cinti., OH, said they will not dam up the flow of the storm water.
Lois McKnight said this applicant would provide an easement to the property line, so others along Columbia Road can get access that way. Scott Phillips said you cannot take away anyone’s access.
Bryan Edens, 8927 Lea Place, pointed out the location of his property. He said this plan presented tonight is different from what was submitted at the Board of Zoning Appeals. He said the buffer is smaller. He said the paved parking area will cause more storm water. They said they would put in a raised buffer. He was told there is an 18 inch high mound with trees on top. Mr. Edens said the removal of trees would make more storm water. He said this plan has changed since the BZA approved it in February.
Steve Freeze, 8820 Lea Place, said it affects his front yard. He said the problems are on the sides and why did they put the entrance there? He was concerned that he would hear heating / air conditioning units running. He asked about the
Warren County pipe along Columbia Road and if it is clear and open or not. He said Towne Properties didn’t do a good job when they built the subdivision and that is why they have drainage problems. He said Berrywood did a good job with their storm water management. Mr. Freeze said the new trees need to be taller. He didn’t like the reader board sign at 20 Mile House. He was concerned about lighting in the parking lot. John Richardson asked about buffers. Lois said the side is 25 feet less the sidewalk. John asked where the ac units were located. Robert Giesse asked about whether the storm water plan was evaluated by the Simpson Creek Watershed. Jonathan Evans explained how Warren County made recommendations for him to follow. He said they are going beyond the requirement and they did look at the 42 inch pipe at the street. John Richardson asked if the plan is different from the one seen by the BZA. Hayfaa Wadih said the concept plan was shown to the BZA but they do not approve site plans. She said the design of the building was about the same. Scott Phillips said they were not required to submit a final plan.
Architect William Fiedler, Milford, OH explained the location of the air conditioning units.
Steve Freeze, 8820 Lea Place said the air conditioning units are on the side near the residential area and it would still be noisy.
Pat Lester, 8872 Pollard Place, pointed out where she lives. She said this is a difficult location for the whole community. She was concerned about the size of the building compared to the acreage. She asked how the garbage would be handled and if there would be a dumpster. She was told there would not be a dumpster.
George Williams, 8824 Lea Place, said he was concerned about noise. He said his perception is that churches are noisy. He pointed out where his house was located. He explained that he has a 16 month old baby.
Bryan Edens, 8927 Lea Place, said when you put that many people back there, it will be noisy. He and his wife work shift work and would be sleeping odd hours. He said he moved there because he thought it would be R-SF. What if they come back and want to extend the building? He said there would be noise and light pollution.
Christina Schriever, 8850 Pollard Place, said that around the Lakeview Church there is a lot of space but not this one.
John Richardson closed the public portion of the meeting. He asked for board discussion. Hayfaa read a condition from the BZA meeting. Scott Evans asked how long the church has owned the land. He was told 3 years. Matt Evans said there is a noise ordinance in Deerfield Township. Lois said the Noise Resolution is used by the Warren County Sheriff’s Office.
Scott Evans asked about the hours of the services. He was told 11:00 AM and 1:00 PM on Sundays. Bryan Edens, 8927 Lea Place, said at the BZA meeting the church gave different hours. John Richardson asked about the BZA approval so we cannot deny it for being a church. Scott Phillips said the issues which have been raised are not in the jurisdiction of this board. Scott said they should look at whether they have complied with setbacks, buffers, etc. The noise and the storm water issues are not issues this board should work on.
Robert Giesse said they should comply with the Simpson Creek Watershed Matrix. Lois McKnight said that could be added as a condition. Don de Reynier said if we are only supposed to look at adherence to the existing code, why do we have all of the other conditions from the staff. Scott Phillips said the code allow conditions which are consistent with the site plan review process. Robert Giesse talked about the traffic problem. Hayfaa said the Warren County Engineer seemed to think there would be no increase to the problems. Scott Phillips said the real question is whose responsibility is it.
Motion John Richardson moved, seconded by Matt Evans, to accept Case 2008-161, including the 12 Conditions from Staff and adding to Condition #13 “All air conditioning units must be against the building on the west elevation.” and Condition #14 “A letter of approval indicating compliance with the Simpson Creek Stormwater matrix must be submitted.”
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, and Matt Evans. NOES: None. ABSENT: None. ABSTAIN: Donald de Reynier.
The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Matt Evans, Donald de Reynier and Cherry Linder. NOES: None. ABSENT: None. ABSTAIN: None.
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John Richardson, President Date Marilyn Arnold, Secretary Date