DEERFIELD TOWNSHIP

ZONING COMMISSION

7:00 PM – October 13, 2008

MINUTES

CALL TO ORDER: John Richardson, Chairperson

Roll Call

PRESENT: John Richardson, Robert Giesse, Scott Evans, Matt Evans, & Donald de Reynier.

ABSENT: Cherry Linder.

STAFF: Lois McKnight, Hayfaa Wadih, & Marilyn Arnold

Also present was township legal advisor, Joe Walker.

MINUTES Robert Giesse moved, seconded by Scott Evans, to approve the minutes of 09/08/08.

The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans & Matt

Evans, NOES: None. ABSENT: Cherry Linder. ABSTAIN: Donald de Reynier

Joe Walker, Township Attorney, administered the oath to those giving testimony.

Case #2008-326 Stage 2, Preliminary Site Plan Review, Property located at the northwest corner of Wilkens Boulevard and existing Irwin-Simpson Road owned by Natorp, LTD, Long Cove LLC and Long Cove Pointe Office.

Staff Report Hayfaa Wadih described the proposal for the 15.2382 acre mixed use development. She said there are three (3) development tracts planned. The pan for Tract 1 proposes three (3) single story office buildings which would be residential in character. The plan for Tract 2 proposes three (3) two story buildings and one (1) three story building. Tract 3 is proposed as open space providing buffer and storm water management, retention/detention, and drainage. Mixed use is allowed under this Neighborhood Business zoning. The uses were general office and mixed retail such as restaurants, cafes, sandwich shops, and specialty shops.

Ms. Wadih explained the plan for access & parking, landscape & open space, signage, and the lighting plan. She spoke of “transparent” buffering and Mr. de Reynier asked her to explain. She said the buffering would still be there but it would be used to show connectivity with the residential area. Hayfaa Wadih concluded the staff report and stated that staff recommended approval.

Ms. Wadih asked the board if they had any questions. Matt Evans asked about the height of the buildings. Ms. Wadih explained that the height of the buildings proposed for Tract one is 30 feet in height each. The height of the buildings on Tract No.2 will vary from 35 to 45 feet for two story and 45 to 55 feet for the three story building. She said since they are abutting the residential, the staff recommended Tract # 1 be 15 feet to the building line/eave. Matt Evans said the buildings are to be residential in character. She said they are proposing gable and hip roof. Matt said those high roofs will make a big difference. Lois McKnight said our code says height to the eave. Matt didn’t like determining the height by the eave and was concerned about controlling the height of the roof. He preferred another method of measurement. Lois said she agreed.

Proponent Tim Hensley, 3081 Fosters-Maineville Road, Morrow, OH. said they hope this is a “crown jewel” for Deerfield Township. He said they have been working closely on the realignment of the roads with Warren County Engineers and hope now they have included medians. He said the project is mixed use in nature. They are farther along with Tract #1. He said they want to resolve and get clarification on some items.

Jose Castrejon, McGill Smith Punshon, 3700 Park 42 Dr., Suite 190B, Cincinnati, OH 45241, said he is a landscape architect. They are creating a unique development. There will be shared parking. Transparency was mentioned. One of the unique and interesting things is how to provide adequate buffering but also provide an inviting place so people will want to go there. There will be buffering to screen the front end of parked cars. They will try to screen Duke electric boxes from the public view. He said there were many things to address.

On Condition #7 they will work closely with DTFR. They would prefer a 22 feet access instead of the 24 feet access and they have a meeting scheduled with the fire rescue to review the access. Doug Smith, McGill Smith Punshon, 3700 Park 42 Dr., Suite 190B, Cincinnati, OH 45241, said they would like to keep their options open. They are trying to reduce the impact on the buffer in the northwest corner. Final approval would be with the discretion of the fire department. There will be parallel parking and angle parking as part of the streetscape. Don de Reynier said so we would leave it as it is written down at 24 feet in width. John Richardson said we could leave it up to the fire department. Mr. Castrejon said a similar development in West Chester had 22 feet. Doug Smith said there are grading issues they are working with also.

On Condition #12, Tim Hensley said they would like to add two additional ground mounted signs on Irwin-Simpson Road coming from west to east on the south side and Wilkens Blvd on the west side going south. Both would be located where there would be right in and right out turn lanes. Hayfaa Wadih said staff would like to weigh on the decision on the sign. There was more discussion on signage.

On Condition #16, Tim Hensley said this proposal complies with the bike path on the Master Plan of Paths 2004.

In regard to the height of the building, Tim Hensley stated that staff recommended restriction on the buildings height. He explained the element (tower clock/cupola) they would like put on the corner in Tract 1. Many of the Long Cove homes have this type of feature even on the ranches and he would like that this to be a focal point element. He stated that there is a grading issue as well that might necessitate that the building would be higher than the number staff recommended.

Mr. Hensley said on Tract 2 the Staff Report limits 2 story buildings to 30 feet but the code says 35 feet. They needed enough height allowances for the parapet wall to hide the mechanicals. Mr. Castrejon suggested the board go to Union Center in West Chester to see a similar development they have designed. He tried to explain how all of the elements add up to the height they need. Tim Hensley said the Casto buildings near Regal Cinema are around 35 feet in height.

John Richardson said the buildings on Tract 2 are proposed to be different than the buildings are on Tract 1. Mr. Smith said the Tract 1 has the more residential look. Tim Hensley said 2^nd floor offices don’t rent as well so Tract 1 will be one story and tie directly to Long Cove. Matt Evans said Mariemont has mixed use and is the Tudor look with steep roofs. Matt said there is a depth to the structure and all he sees is a lot of roof. Mr. Hensley said Tract 1 must go through the review process for Long Cove. Long Cove suggested steeper roofs. He said Mariemont has simplicity in the design of it. Simplicity is what they seek. Mr. Castrejon said they want to create some uniqueness to each building. The buildings will not be identical.

Matt asked him about Tract 3 and the buffer space which is the spill way for the pond. Mr. Hensley explained they will improve the material on that mound. Matt said Tract 3 mounding and trees are the best way to buffer Tract 1. He proposed adding lower bushes and use the mound. Mr. Hensley said they will improve the plants on the mound. Matt said why put plantings in Tract 1 when you have Tract 3 there anyway and use that as a place to put the landscape. Matt asked how they proposed to buffer the roof mechanicals on the steep roof. Mr. Castrejon said they would be ground mounted. Seeing no public in attendance, John Richardson closed this portion of the meeting and asked for board discussion.

Discussion Don de Reynier said he didn’t like signs and after they receive approval for signs, it would be difficult to go back and let them have fewer. He said he believed the board should go along with what the code required. Matt Evans said that some signs such as monument signs could be very attractive, with one placard in the center. He emphasized that good signs could add a certain class to the development as do the fences on a Kentucky horse farm. There was discussion on the location and number of signs. Matt Evans elaborated on how a sign could be an attractive feature which would be a positive thing for a development. Don de Reynier said if the sign had no lettering that would be fine. Don de Reynier asked, how did the staff come up with the proposed signs. Hayfaa Wadih said signs serve a purpose to provide direction. Lois McKnight said on Tract 2 we weren’t considering the buildings. Ms. Wadih said they have not given us any sign proposals except for Tract 1 but they mentioned in the description document the number of four (4) signs planned for Tract 2. Lois McKnight said we did consider what they submitted for Tract 2, four (4) freestanding signs, having a maximums area of 150 square feet, per face, maximum height of 20 feet. Don de Reynier said this will be a neighborhood business so it will attract those close by. Scott Evans asked if they will have dedicated streets, and how would the addresses be? Lois McKnight said that Warren County Engineer assigns addresses. Tim Hensley said they would do some type of street signage in the development and directional signs.

John Richardson said on Condition #7 the fire department will have to agree to that one. Hayfaa Wadih reminded the board that the fire department reviewed the plan and requested the 24 feet. If need to, the DTFR would meet with the applicant and work with him. Rob Giesse said we could add that on Condition #7 that the circulation and access must be decided by DTFR. Lois McKnight said to add “or as determined by DTFR.”

John Richardson said our decision must be based on the code regarding the heights of the buildings. There was more discussion regarding Condition #17 on the height issue and the consensus was the following:

A Tract 1 1-Story shall not exceed the average 20 feet maximum height to eave line from average grade.

B Tract 2 2-Story shall not exceed the average 35 feet maximum height to eave line from average grade

C 3-Story shall not exceed the average 50 feet maximum height to eave line from average grade

The board agreed on these heights but said the clock tower feature would be proportionately designed, and may be taller but would not be included in the other restrictions.

Lois McKnight said the cinema is taller but that is a different zoning. Matt Evans said the architectural features such as clock towers are usually taller. John Richardson said he knows the next door farm is owned by someone else but did Mr. Hensley know their intentions. Tim Hensley said he has spoken with them and they do plan to sell it. There was more discussion on various other conditions and the Board asked if they will be reviewing Stage 3. Hayfaa Wadih reminded the board that they don’t usually get involved in Stage 3 review but if they decide to, they should add that as another condition.

MOTION Matt Evans moved, seconded by Scott Evans, to approve Case 2008-236 including the following 21 conditions as recommended in the staff report modifying Conditions # 7 & 17:

Adherence with Deerfield Township Resolution 2008-21 and all previously approved conditions except as herein modified.

A revised preliminary site plan is required for Tract No.2.

3. Approval of stormwater drainage plan by the Warren County Engineer in compliance with the Rules and Regulations for the Design of Stormwater Management Systems.

4. Compliance with the Ohio Environmental Protection Agency (OEPA), National Pollutant Discharge Elimination Systems (NPDES) permit for stormwater discharges associated with construction.

5. The existing Irwin-Simpson Road right-of-way shall be reserved for a multi-use pathway alignment.

6. Approval of site access, in compliance with the Warren County Access Management Regulations, as determined by the Warren County Engineer.

7. All interior access ways shall be a minimum of 24 in width, enabling effective two way traffic circulation and access for fire and EMS purposes or as determined by Deerfield Township Fire Rescue. Fire lanes, as determined by the Deerfield Township Fire Rescue, are required. An Emergency Action Plan shall be developed in conjunction with the Fire Department, prior to final site plan approval.

8. Approval of public improvements, per the Requirements and Standards for the Design and Construction of Streets and Roadway Facilities, as determined by the Warren County Engineer, with appropriate latitude, based upon sound engineering principals.

9. The applicant assumes all liability regarding any traffic signs, pavement markings and any other traffic control devices proposed on private property that do not comply with the Manual on Uniform Traffic Control Devices (MUTCD), as applicable.

10. A wastewater flow allocation of 4,000 gallons/acre/day is applicable, per the 1993 Upper Simpson Creek Sewer Area Study.

11. Approval of erosion and sediment control by the Warren County Soil & Water Conservation District, in compliance with the Warren County Erosion and Sediment Control Regulations, submission of bonding and applicable fees, prior to earth moving activities.

12. Signage shall be in compliance with the DTZR, Chapter 22, Section 22.08 B. The following sign shall be permitted:

Two ground mounted sign for Tract No. 1 at each entrance with a maximum height not to exceed nine (9) feet and maximum width of 15, as proposed;
Three ground mounted signs for Tract No. 2 to be located at the main entry from future Irwin Simpson Road, the northeast corner of Wilkens and Irwin Simpson and the southeast corner of Wilkens and Deerfield Boulevard with a maximum height not to exceed nine (9) feet and maximum width of 15;
Each business shall be permitted one projecting sign except for business on a building corner shall be permitted one projecting sign on each side. Sign face area shall not exceed 15 square feet.
No more than two (2) address marker of maximum eight (8) square feet each per door/entryway;
Multi-story buildings shall be permitted no more than two wall signs above the first floor. Signs shall be limited to individually mounted letters or logos and shall not exceed 30 inches in height;
Single story buildings shall be allowed two wall signs with a maximum height of 30 inches high and a maximum face area of 70% of the tenant’s storefront.

13. Required photometric plan for Stage 3 review. Illumination shall not exceed 0.2 footcandles along common boundaries of the PUD with adjoining residential properties (Long Cove Subdivision, Freedom Farm Subdivision, the Woods on Wilkens condominiums, and Freeman property). Light pole shall not exceed 12 feet in height.

14. Required detailed landscape plan for Stage 3 review in compliance with Chapter 21 Bufferyards and Landscaping of the Deerfield Township Zoning Code, emphasizing landscape in the parking lot areas and along the right-of-way according to Sections 21.08 and 21.10. Applicant shall work with staff to find the best method to create a transparent buffer from the right-of-way.

15. The number of parking is approved as proposed. Standard parking spaces shall comply with the Deerfield Township Zoning Code requirement of 180 sq. ft. in size. Shared parking is approved, with the goal of minimizing impervious surface coverage. Handicapped parking, in compliance with the Americans with Disabilities Act (ADA). Bike Racks are required.

16. Installation of sidewalks, hiker/biker paths, and approval of pedestrian circulation through and between (shared) parking areas in accordance with the Master Plan of Paths 2004.

17. Required building elevation drawings for Stage 3 review illustrating the following height restrictions:

Tract 1: A maximum height from average grade of 20 feet to the eave line.
Tract 2: Two story buildings shall have a maximum height from average grade of 35 feet as measured to the top of the parapet and three story buildings a maximum height from average grade of 50 feet as measured to the top of the parapet.
Clock tower / cupola shall be proportionately designed to create an integral focal point.

18. All roof-top mechanicals and light wells shall be screened from public view by parapet walls and from the right-of-way.

19. Dumpster enclosure material and color shall match the building material and color and shall be screened by adequate plants from the public view.

20. Compliance with the Warren County Subdivision Regulations, as applicable.

21. The developer shall submit a letter demonstrating compliance with the Simpson Creek Storm Water Matrix.

The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Matt

Evans, & Donald de Reynier. NOES: None. ABSENT: Cherry Linder. ABSTAIN: None.

New Business Lois McKnight said she checked with Greg Dale regarding the workshop that he will be conducting for the Zoning Commission. Dates to be considered were November 20, 24, and 25^th. John Richardson said he would be unable to attend November 20^th. Lois asked board to e-mail whether they preferred the 24^th or 25^th.

Scott Evans asked when they would be reviewing the Zoning Resolution. Joe Walker said to write down suggested changes or problems. He said they will be looking for any consistencies or definitions which need to be corrected. Lois said the trustees are taking comments on the Comprehensive Plan and will make the final decision by the end of the year. She said after the Comp Plan is wrapped up we hope to start working on the Zoning Resolution.

Adjournment Motion John Richardson moved, seconded by Matt Evans, to adjourn.

The motion was approved on the following vote: AYES: John Richardson, Robert Giesse, Scott Evans, Matt

Evans, Donald de Reynier. NOES: None. ABSENT: Cherry Linder. ABSTAIN: None.

_______________________________________________ ____________________________________________

John Richardson, Chair Person Date Marilyn Arnold, Secretary Date

K & H & G 10_13_08.MIN