DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, Suite 180

ZONING COMMISSION

7:00 PM – MAY 19, 2008

 

MINUTES

 

SPECIAL MEETING

 

CALL TO ORDER:      John Richardson, Chairperson

 

Roll Call:

 

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 talked about the cases and said that the public comment portion of the meetings we have already had, has been closed.  He said he had the impression that this board would like to move forward with this case.  John said this evening we would be hearing from our consultants and they would confirm what the consensus of this board has been during the meeting process.

 

Tom Swope, Township Law Director, administered the oath to those giving testimony.

 

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

 

Wendy Moeller, McBride, Dale, Clarion, went over the Zoning Resolution Amendment explaining all of the changes that she understood were suggested from all of the public hearings.

 

Ms. Moeller said they re-named the zone to Business Redevelopment District.  Within the B-RD District there were 3 Sub-areas, A, B, and C.  Page 3 - The minimum front yard setback was changed to 50 feet.  There are no maximum height restrictions for properties in this district, however for each foot that a building exceeds 45 feet in height, all minimum yard requirements shall be increased by one foot. 

 

Ms. Moeller explained Development Standards.  She said they added graphics illustration figures.  They were provided for illustrative purposes only and should not be construed as regulations.  Where there is a conflict with text, the text would be the correct thing to go by.  She said they have changed Zoning Inspector to Zoning Commission with regards to Architectural Review Authority.  Page 4 – The review procedure had been changed.  Ms. Moeller said they have divided things up to minor and major changes.  She said staff would be reviewing any sign applications or lighting applications.  Zoning Inspector will forward any application for minor changes or modifications to the Zoning Commission for review. 

 

She corrected some typos.  Ms. Moeller explained some changes regarding cross access easements to adjacent parcels.  Page 6 - Parking spaces may be reduced in size to a minimum size of 9 x 18 feet.  Page 8 – Separated out architecture guidelines which were things they may or should be required to do.  Page 9 – Under architectural guidelines they added architectural themes and there were styles, materials, texture, color, and scale of buildings.  These were just a guideline or suggestion.  Under building relationship they eliminated the word “enclosed” and maintained the word “framed.”  Page 11 – Under building transparency they changed the “shalls” to “shoulds.”  It is supposed to be a guideline.  Ms. Moeller said they eliminated the text that said this language should only be applicable to sides facing a public road.  Pages 12 & 13, where they talk about offsets they have changed it to say façade offset.  On Page 13 they called it instead of 4 sided architecture, they changed it to say multi-sided architecture.  On Page 14 they said all roof types where any non-architecture roof materials such as tar and paper were utilized, such roofing should be concealed with parafit walls.  So they allow flat roofs so long as the tar and paper is not seen.  On number 9 they define customer entrances.  On Page 15 under signage, they per the discussion they had, prohibited back lit, light box styles.  They included an illustration of that.   Ms. Moeller said they had eliminated the language that said the style of all signs shall reflect the architectural styles of all buildings because that was stated elsewhere.  Page 23, #6, outdoor display areas may be permitted provided that the merchandise they display be on the sidewalk, walkway adjacent to the building, or side yard.  On Page 24 they added a definition of primary façade.  Ms. Moeller said that was a summary of the changes.  John Richardson asked the board for questions or discussion.

 

 

Discussion  Don de Reynier said these changes will only apply to these zones.  He said if someone wanted to change their zoning and it would not be along Fields-Ertel, this would not apply to them.  Lois said this could apply to other commercial areas.  Ms. Moeller said this would apply to other commercial areas seen on the Comprehensive Plan.  Don de Reynier said that someone else other than the Deerfield Township Trustees could come forward and request this zoning district.  Ms. Moeller said that was correct.  Lois said the purpose of the zoning district was to encourage appropriate redevelopment and reinvestment.  Don asked if a property owner in the sub-areas A, B, or C, could come for rezoning?  Ms. Moeller said they could come forward or ask for PUD zoning.  Matt Evans said he didn’t think the sub-areas should be included in the text but only on the map.  He said we should not show the sub-areas there.  Tom Swope said 29.02 refered to sub-areas.  Ms. Moeller said including the map, is becoming increasingly popular, and is being used more in zoning codes.

 

Don de Reynier suggested making the sub-areas, conditional use only.  He said that would be a way to handle it.  That would save a lot of administration.  Lois said if you use a conditional use, you are saying that use could be decided on by the BZA.  John Richardson started talking about making a motion. 

 

Lois suggested he take a ”‘straw poll.”  John Richardson asked all of the board who were interested in moving forward to say “aye.”  The vote was unanimous to go forward.  Cherry Linder said this district has received a lot of attention.  She suggested that they put in a sentence that said in the future there would be more sub-areas.  Ms. Moeller said that would require another text amendment.  Lois said if they wanted to make a change, they would submit paperwork requesting that the map and text be amended to add a sub-area D with a list of proposed and permitted uses.  Lois said it is not uncommon for a resident to submit these requests.  Scott Evans said the township could submit the application that Landen Station be redeveloped and become a sub-area.  Tom Swope said this board and the trustees would have to make the change.  There was more discussion.  Lois gave the purpose statement as follows:  “The purpose of this district is to encourage the appropriate redevelopment and reinvestment of commercial properties consistent with goals and objectives and recommendations of the Fields-Ertel Corridor Study and the Deerfield Township Comprehensive Plan.”  Cherry Linder was concerned about there not being any height requirements.  Lois explained how the setback must increase with the additional height of the building.  Don de Reynier asked if this would really help to have more attractive development in the older areas.  Matt Evans said property owners can go the BZA if they need to. 

 

Motion John Richardson moved, seconded by Scott Evans, to approve Case 2008-032 adopting the amendment to the Zoning Resolution establishing the Business Redevelopment District with the minor changes as discussed tonight.

 

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)

 

There was discussion by Zoning Commission regarding the map.

 

Motion Matt Evans moved, seconded by Cherry Linder to approve Case 2008-034 adopting the map change incorporating the Business Redevelopment District on the map.

 

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.

 

New Business  Lois McKnight said on June 9th, there will be discussion by this board on the Residential Transitional and then 2 other cases.

 

John Richardson said he hoped to have that meeting be organized the same way this meeting was tonight. 

 

Motion to Adjourn Scott Evans moved, seconded by Donald De Reynier, to adjourn, 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.

 

________________________________________________________                      ________________________________

John Richardson, Chairperson                                                      Date                Marilyn Arnold, Secretary               Date

 

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