MINUTES
CALL TO ORDER: John Richardson, Chairperson
PRESENT: John Richardson, Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder.
ABSENT: Robert Giesse.
STAFF: Lois McKnight, Hayfaa Wadih, Marilyn Arnold.
John Richardson said the board would be taking public comments on the first two cases tonight. The public comment on Cases 2008-032 and 2008-034 text and map zoning amendment has already been heard and the public comment portion of those two cases was closed. There will be no more public comment or testimony and the board will either continue those cases or vote on them.
Motion Scott Evans moved, seconded by Matt Evans, to approve the minutes of 04/14/08, 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. ABSENT: Bob Giesse. ABSTAIN: None.
Motion John Richardson moved, seconded by Scott Evans, to approve the minutes of 05/05/08 Work Session, 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.
Scott Phillips, Township Attorney, administered the oath to those giving testimony.
Case # 2008-084 Site Plan Review for hh Gregg at .Kings Mall, located at 4794 Fields Ertel Road
Staff Report Hayfaa Wadih explained the location and zoning of the proposed hh Gregg Store. She explained the parking requirement and the plan they submitted was in compliance. The landscape plan was in compliance with the Deerfield Township Zoning Resolution. The applicant was unable to comply with the 24 feet buffer due to the location of an existing ATM and the need to maintain a clear drive aisle around the machine.
There had been a variance granted by the Township Board of Zoning Appeals (BZA) regarding the signage. The submittal proposed one wall mounted sign 144 square feet on the main elevation which was less than the 164 square feet proposed for Fresh Market. Staff commended the applicant on the proposal to modify the pylon sign at the main entry since the old sign is unsightly. Ms. Wadih reminded the applicant that the signage size shall comply with the BZA approved conditions.
Ms. Wadih said the building is in need of a face lift and staff was encouraged that the applicant in planning for Fresh Market presented real improvements to the old looking shopping center. She said the current plan shows a building protruding 75 feet out of the main building line and she said the size will negatively impact the tenants to the east and west.
There was no clear direction shown for the implementation of a pathway plan. Ms Wadih said previously this developer has brought many high quality developments to Deerfield Township but this proposal does not meet the standard of those developments. She said staff welcomes hh Gregg but would like to see the store housed in a better setting and building arrangement than the one which is proposed. Staff felt the current design limited the visibility of any tenant west of the proposed hh Gregg. Staff believes that the building should be relocated to the extreme west end of the property creating an L-shape configuration. She reminded the Board that it is their responsibility to consider the proposed plan in light of DTZR, Chapter 8, Section 8.01.3a.b.c and d.
In the event of approval the staff had conditions as follows:
6. 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.
7. 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 if they had questions. Matt Evans asked Ms. Wadih about Condition #1, that the Chinese Restaurant tenant move and that they be relocated. She said yes.
Proponent Greg Malone, Casto, 8280 Montgomery Road, distributed his written response to the staff suggestions to the board. He introduced Jack Esselman from hh Gregg, Tom Tepe, and Bob Garlock. He described the history of the shopping center which was built in the 1980’s. He said they have been trying to redevelop this center since 2004. He said since they lost the anchor store, Kroger which was replaced by Toyota, they have been trying to find another anchor store. He said the smaller tenants can’t survive unless there is an anchor store.
He showed photos and talked about Mike’s Car Wash and the high volume of business they have. He talked about how they block the view of shopping center. He said their front retaining wall goes to the right-of-way so if a sidewalk was installed it would have to stop at their property. He talked about the landscape issue at Fields-Ertel Road. He explained how they came before the BZA to try and get a variance to allow smaller parking spaces, 9 x 18, in order to improve landscaping along Fields-Ertel Road. The BZA denied this even though there is thousands of parking spaces this size in developments throughout Deerfield Township. Mr. Malone said behind the center is only 24 feet for service vehicles and dumpster, because of a retaining wall. The Chinese Restaurant tenant on the end of the building still has years on his lease. He explained the material of the store front and the type of face lift for the shopping center. The front drive aisle was changed by making it straight. The hh Gregg would be a new structure and the front of the smaller units will have new materials.
He explained changes to the existing pylon sign which would be removed. The plan showed the hh Gregg name on the top and the other tenants listed on it.
Mr. Malone addressed the following conditions: Condition # 1, he said they could not move the building. Condition # 2 regarding the entrance, would not work with hh Gregg and their plan. Condition # 5 regarding outside sale racks; he said they would only have temporary sales. Condition # 8 Mr. Malone said DTFR reviewed the plan. Condition # 13 regarding the bike path, he said it would have been possible if it were included in the landscaping. John Richardson asked about the other tenants. John Richardson asked if the Zoning Commission would be allowed to approve 9 x 18 parking spaces. John Richardson asked Mr. Malone if thought parking spaces near the street would be used. Mr. Malone said some of those spaces out by the street are being used at the Deerfield Towne Center. John Richardson said there was a lot more space between the parking spaces out by the street at the Deerfield Towne Center than there would be here. Mr. Malone said there had been more buffers near Fields-Ertel Road before they added the other lane. The county took that right-of-way.
John Richardson asked Mr. Malone if the owner of the Chinese Restaurant knew about this proposal. Greg Malone said yes he has been notified. John asked if Greg could say that the restaurant fellow won’t have an issue with blocking the visibility of his space. Mr. Malone could not confirm that. Matt Evans asked about the restaurant lease. Matt asked about the canopy, entrance way into the building. Mr. Malone explained about the columns and he said they do not extend beyond the curb line. Matt asked about the rest of the development. Mr. Malone explained those improvements. Matt asked about 4 rental spaces to the left of hh Gregg and 3 to the right. He asked about the Chinese Restaurant being located right behind Mike’s Car Wash. Mr. Malone said they have been located there for many years. He said they would prefer to have the Chinese Restaurant stay there and do the plan as shown. Matt Evans asked about the possibility of having two story. Mr. Malone said it is all one story. He said two story retail doesn’t work. Scott Evans asked about the interior of the hh Gregg. Mr. Malone said Mr. Esselman will be explaining that. Don de Reynier asked if they are trying to keep the building out in front of the open parking area. Mr. Malone said yes, and the further west the building would be moved, there would be issues with width and depth. There are depth limitations to a building which would go behind Mike’s Car Wash. Don de Reyner said he could see where it would be a problem to have half of hh Gregg behind Mike’s Car Wash.
Jack Esselman, hh Gregg, 9000 Keystone Crossing, Indianapolis, IN, asked if the board had been inside of the hh Gregg. He said talked about how Sun purchased the former Steinberg Stores and that is how they got started in the Cincinnati area. He said they want to duplicate what they have in Easton. That store is the only store in Columbus which has the “Fine Line” section to the store. That is a part of the store which has a collection of higher quality, and more up scale, items. He distributed brochures. He explained the way the store is organized. He explained the way the door must be placed. He asked the board for questions. John Richardson asked reasoning behind the size. Greg Malone said they went to great lengths to try and come up with this plan. Don de Reynier asked about Condition # 5, temporary outside sales. He said by doing those sales so frequently, the temporary display becomes permanent. Mr. Esselman said they do 100 promotions per year. Scott Phillips asked if the Easton store allows tents. Mr. Esselman said they allow small tents. Matt Evans asked if the store in Easton is a “Fine Line” store. Mr. Esselman said yes and explained the concept again and described several different locations around the country. Mr. Malone said since September, 2007 they have been appearing before this board and they have had no one from the adjoining property owners to come forward and be against this. He reminded the board that they developed the center with the new JC Penny Store in Symmes Township. He told the board they could address technical questions to Bob Garlock. John asked if there were any public comments. There was none so he closed the public portion of the meeting.
Discussion John Richardson asked for clarification on the “moratorium” and how that would affect this proposal. Scott Phillips said the BZA was presented with that issue some months back. They directed that the moratorium prohibits the issuing of a zoning certificate while the moratorium is in place but they agreed that an applicant may still go through the process for approval. If you follow the BZA’s directive, you are to make your decision. John asked how this board can make a decision when they don’t know what the new zoning rules would be. Scott said the BZA said the applicant can come forward and make their presentation. John asked if the Zoning Commission would be allowed to override the BZA ruling on the 9x 18 parking spaces. Scott said this board could not make variances. Matt Evans said they are looking at the parking lot with the smaller spaces in the attempt to refurbish an old run down shopping center. He was told since this is not a PUD they must adhere to the zoning code. Don de Reyneir said he was sympathetic to this because it is like urban renewal and this change would be a vast improvement. John Richardson said they should move that the Chinese Restaurant tenant. Scott Evans asked about the electrical service. Mr. Malone explained it. Greg Malone said most tenant contracts do not have relocation clauses. He was asked what would be the plan if the restaurant owner would decide to leave. Mr. Malone said there are almost 5 more years on his lease. Matt Evans asked what they could comment on. Scott Phillips quoted the zoning code that they should consider the impact on the surrounding property occupants, considering the location of all buildings. Cherry Linder said what about the impact of Mike’s Car Wash.
There was more discussion on the lack of visibility for the Chinese Restaurant. Matt Evans cited examples of two story buildings which are successful, Barnes & Noble, IKEA. Scott Phillips said the board could table this rather than try to redesign this.
Motion Donald De Reynier moved, seconded by Cherry Linder, to approve Case 2008-084 including the 14 conditions, eliminating Condition 1, 2, and 6 as recommended.
The motion was approved on the following vote: AYES: Scott Evans, Matt Evans, Donald De Reynier and Cherry Linder. NOES: John Richardson. ABSENT: Robert Giesse. ABSTAIN: None.
Motion by John Richardson, seconded by Don de Reynier to take a 10 minute break. The vote was all AYES.
Motion by John Richardson, seconded by Don de Reynier to go back into session. The vote was all AYES.
John Richardson said since it was already past 9:00 PM and the second case has not been heard so he suggested continuing the last 2 cases on the agenda tonight.
Motion by John Richardson, seconded by Scott Evans to continue Case 2008-032, the Amendment to the Zoning Resolution, and Case 2008-034, the Amendment to the Zoning Map, to be continued to the next regularly scheduled Zoning Commission meeting on June 9th. The vote was all AYES.
As some of the public who were in the audience were leaving, Lois McKnight explained the procedures and the Ohio Revised Code law regarding how residents are notified.
Scott Phillips, Township Attorney, administered the oath to those giving testimony.
Case #2008-111 Stage 2, Preliminary Site Plan Review for a Value Place Hotel located northwest of Kings View Drive in the Kings Mills Area
Staff Report Hayfaa Wadih explained the Stage 2 Preliminary Site Plan Review for the Value Place, 4 storey hotel. She explained the plan and materials to be used on the exterior and the comments from various county agencies. Hotels are permitted in the General Business PUD zoning. Staff suggested additional parking spaces to accommodate the employees when there is full capacity. Staff suggested landscape aisles be added to the parking lot. Staff recommended the hotel be permitted 4 wall signs, one on each façade and no electronic message board be permitted. She described the use of brick and siding with red, olive, and tan colors. Staff suggested adding shutters to the windows on the east façade to make it the same as the west façade. She presented the 17 conditions as suggested by the staff.
In the event of approval, staff recommends the following conditions:
Proponent Dick Haglage, Terra Firma Associates, 425 Wards Corner Road, Loveland, OH 45140, introduced Matt Wells, 4739 North D. Street Shawnee, KS, with Value Place Hotel. He said the only problem they had with the conditions was the sign restrictions. He introduced Kyle Clements, Site Enhancement Services, 6001 Nymmes Parkway, South Bend, IN. Mr. Clements explained the reasons for using specific signs for specific areas. He said the total of the signs is 2% of the total surface of the building. He talked about other high pylon signs along I-71. He showed photos of some near the property.
Don de Reynier asked him if this hotel would get a sign on the state provided signs along the interstate. Mr. Clements said in this area the spots are all taken and there is not spot available for their sign. This is a very long process to try and get on that sign. John Richardson asked for board questions for the staff or applicant.
Concerned Citizens Eloise Pitstick, 5915 Timber Rail Lane, said that signs are very helpful when you are traveling.
Matt Wells explained the elevation at that location.
Kyle Clements explained the importance of signs.
Matt Evans asked if there is a maximum height. Lois McKnight said when things are high, the code increases the setback. Matt Evans made design suggestions. He said the cupola is a billboard sign on the roof and it doesn’t fit well with the residential style of the building. He suggested they increase the roof height and pitch and put the sign in the gable. Matt Wells said this is a prototype and changing the gable height would allow them to put a light up rainbow which changes color. Matt Wells said they might go to a hip roof. He talked again about the light up rainbow sign. Lois McKnight told him that type sign would not be allowed under our code. Matt Evans said that way the sign would be almost as high as a cupola. Kyle Clements asked if the rainbow sign would be allowed. Lois McKnight said it would not. Matt Evans said the building had a stark appearance and he agreed that the building needed shutters. He asked them to bring the brick up higher on both the back and the front. Matt said the pitch of the building is too shallow.
Regarding signage, John Richardson liked the idea of having up to 390 square feet total and up to 4 signs. Don de Reynier said Condition 13 should say, “No more than four wall signs are recommended for approval with a sign face area not to exceed a total of 390 square feet not to exceed 150 square feet per sign on each of the east and west façade and 45 square feet on each of the north and south façade. LED signage and electronic message boards are not permitted. No tower signs are allowed on the elevations.” John Richardson said we need to add that the first 2 stories must have brick exterior.
Don de Reynier moved, seconded by Cherry Linder, to approve Case 2008-111 for the Value Place Hotel including the 17 conditions from staff modifying #13, and #16 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 reminded the board of the Comprehensive Planning Meeting Wed., May 14, 2008, at 7:00.
Motion by John Richardson, seconded by Scott Evans to adjourn. The vote was all AYES.
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John Richardson, Chair Person
Date Marilyn Arnold,
Secretary Date