DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, Suite 180

ZONING COMMISSION

7:00 PMSeptember 08, 2008

 

MINUTES

 

CALL TO ORDER:                    John Richardson, Chairperson

 

Roll Call

PRESENT:        John Richardson, Robert Giesse, Scott Evans, Matt Evans and Cherry Linder.

ABSENT:          Donald de Reynier.

STAFF:             Lois McKnight, Hayfaa Wadih, Marilyn Arnold

 

Minutes of 08/11/08

 

Scott Evans moved, seconded by Matt Evans, to approve the minutes of 08/11/08, as recommended.

 

The motion was approved on the following vote:  AYES:  John Richardson, Robert Giesse, Scott Evans, Matt Evans and Cherry Linder.  NOES: None.  ABSENT:  Donald de Reynier.  ABSTAIN: None.

 

 

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

 

Case #2008-285  Site Plan Review for a dental office, Lot #30 of Arbor Square PUD located along the north side of Socialville-Fosters Road, east of Wilkens Boulevard

 

Staff Report  Hayfaa Wadih said the proposal showed a single, two story Class A Office building of 30,000 square feet with a 15,000 square feet footprint each.  She described access via a curb cut off Socialville-Fosters Road to service the development with interior access ways of 24 feet in width, and a proposed curb cut of the future expansion of Wilkens Boulevard.   The plan showed an existing 15 feet public utility easement and a 6.5 feet landscape easement.  A total of 128 parking spaces (9’ x 19’) were proposed five of which for handicap use.  Ms. Wadih described the stormwater management plan, the utility plan, the landscape plan, signage, lighting, and the façade of the building. 

 

On the agency comments the Warren County Engineer approved all the access points.  There were no comments from the Warren County Soil & Water Conservation or the Deerfield Township Fire Rescue.  There was court approval on October 24, 2005 changing the plan.  On the original plan, there were 4 similar office buildings of 24,000 square feet each.  The parcel was recently re-plated to 4 lots 28 to 31. One office building was constructed on Lot 28.  Two smaller office buildings of 10,800 square feet each were approved by the Zoning Commission for Lot 29 at their meeting on August 11, 2008.  This Lot 30 is located north of Lot 29.  Applicant is requesting a revision to the approved site plan to allow the construction of a two story office Class A office building.

 

Ms. Wadih said Stage 2 approved 121 parking spaces for each office building which is 7 spaces in excess of our requirement.  Staff believed that was acceptable since the water quality was addressed through swales, rock channel protection, and sediment traps.

 

She explained the number of plants and trees required along the parking lot, and in the parking lot islands.  Ms. Wadih said that a revised landscaping plan must be submitted prior to the issuance of the Zoning Certificate showing compliance with the Resolution and with the approved Stage 2 conditions as explained in the staff report. 

 

She explained the proposal for signage and said the proposed ground sign was not in compliance with Stage 2 approved conditions and a revised drawing would be required prior to the issuance of a Zoning Certificate.

 

The elevations for this submittal vary from what was approved in Stage 2 but this submittal showed a building with better materials such as limestone and brick which match the buildings in the area.  Staff believed that the proposed two story building will only be appropriate to the site if there is a building to match its scale and balance the site.  The plan must be in compliance with the reservation of easement as stated in the Arbor Square North Declaration of Covenants, Conditions & Restrictions, and Reservation of Easements.  This proposed development is not in the Simpson Creek Watershed.

 

In the event of approval, staff recommended the following conditions:

 

  1. Adherence with all prior approved conditions and Resolutions applicable to the Arbor Square Development, except as herein modified.

 

  1. Prior to the issuance of the Zoning Certificate, a letter of approval of stormwater management and compliance with the Rules and Regulations for the Design of Stormwater Management Systems, as determined by the Warren County Engineer, is required.

 

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

 

  1. Compliance with the Warren County Erosion and Sediment Control Regulations, as determined by the Warren County Soil & Water Conservation District.

 

  1. The number of parking spaces is approved as proposed.

 

  1. Permitted signage shall be as follow:

a)       One wall sign for all tenants occupying a minimum of 10,000 square feet of floor area. The size of said wall sign shall be no greater than one square feet of sign face area for every linear square foot of business front with a maximum sign area not to exceed 150 square feet, to allow a single sign not to exceed 150 square feet or 2 equal size signs not to exceed 75 square feet each, symmetrically located on the building façade.  The wall sign shall be not exceed 36 inch in height. No more than one (1) wall sign to be installed on any building façade less than 200 feet in length.

b)       One ground mounted sign which shall not exceed three (3) feet in height and the size of the sign panel shall not exceed 2`6” in height and 4`6” in width to be located at the building.

c)       No more than two (2) address markers of maximum eight (8) square feet each per door/entryway.

 

  1. Revised landscape plan is required prior to the issuance of the Zoning Certificate illustrating buffer yard along the north property line with deciduous trees planted 30 feet on center. The trees along the rest of the property lines shall be planted 30 feet on center in accordance with Stage 2 approved conditions.

 

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

 

  1. Dumpster enclosure material and color shall match the building material and color.

 

  1. The photometric plan shall be revised to show the illumination level along all property lines. Illumination level shall not exceed 0.0 footcandles along north and west property abutting residential use. Light poles height shall not exceed 24 feet from the ground level; no light bulb or lens shall protrude below the housing of any canopy light fixtures. Fixtures shall match those in place in the office development. Any direct light from the commercial properties toward residential properties shall be shielded from resident view. Illumination level shall not exceed 0.2 footcandles along the public and private right-of-way.

 

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

 

Ms. Wadih asked for questions from the board.  Scott Evans was concerned if there would be space for the fire department to have access.  She said the fire department usually works closely with the designer/developer.   Since she had no report from them, she said sometimes the fire department is waiting for the final plan.  John Richardson asked for the applicant to come forward.

 

Proponent  Ken Geis, Cincinnati United Contractors, 7870 East Kemper Road, said that on the footprint of the building, the 15,000 square feet building may be smaller than the signage requirement.  He said the 2 story building was not anticipated.  He said there is a need for two signs since the building with one wide sign would make the sign very unattractive.  He asked for the board to allow 2 signs, one on each end.  He said they would comply with the landscaping requirement.  He asked the board for any questions.  John Richardson asked him about the sign.  He explained that the building is symmetrical and having one sign on one side would make it look unbalanced.  Mr. Geis said this Class A building would enhance the site.  Matt Evans asked if all the mechanics would be on the roof top.  Mr. Geis said yes they would be shielded by a parapet wall or pent house round.  Matt asked about fire access and if there is a fire exit on the back side of the building.  Mr. Geis said he didn’t believe the back of the building would be used by pedestrians but he would do what the fire department required.  Matt asked if they would be putting a sign on the other side of the building if Wilkens Blvd. gets more developed.  Mr. Geis seemed to think the current sign plan would work.  John Richardson asked about the length of the building.  He said it is approximately 150’ x 100’.  John Richardson asked for more questions.  There were none.  There were no public in attendance so John Richardson asked for board discussion.

 

Discussion Matt said he thought it was a nice looking building.  John Richardson said with the flexibility of the PUD, we can look at the sign.  Ms. Wadih said many developments in the area requested two signs.  Lois McKnight said they could recommend that the PUD be changed to allow for 2 signs but you would have to come before the DTT.  John Richardson told the board that this board is making a recommendation to the trustees.  John said the PUD says only one sign to be allowed on each side of the building.  Lois McKnight said only one wall sign per building is allowed.  John said they could have one large sign which would be 1/3 the length of the building.  John said he didn’t have a problem with 2 signs which would be less than 150 square feet.  Mr. Geis said he would like to balance the building.   Matt Evans said we could put a condition on it.  That way the two signs would be the same size. 

 

Matt Evans said he would like to make a motion to approve Case 2008- 285 including the 11 Conditions but modifying Condition #6 regarding signage stating, “to allow a single sign not to exceed 150 square feet or 2 equal size signs not to exceed 75 square feet each, symmetrically located on the building facade.”  Scott Evans said he would like to add another condition stating that the final building in the development shall be of similar height and size as the subject building.  Matt Evans said he didn’t think they could put in a condition on a site before there is a plan.  Joe Walker asked Scott for clarification.  Scott referred to the statement in the Staff Report under the second paragraph under Elevation.  Lois McKnight stated that we can put the condition but it may be unenforceable.  Hayfaa Wadih said it was approved as a 4 building one story development.  She explained why staff suggested another building in the development be similar to this one.  Lois McKnight said the second building on the site is different from the first one.  She said two buildings that look similar could anchor the site.  John Richardson said since there are 4 lots, how can we dictate what goes in.  Joe Walker said the landscape of the plan is changing but I think that affects everything else that comes before this board.

 

Lois McKnight asked Matt Evans if he was striking other parts of Condition #6.  Matt explained where in Condition #6 that he wanted to add the additional verbiage. 

 

Motion     Motion by Matt Evans and 2nd by Scott Evans to approve Case 2008- 285 including the 11 Conditions but modifying Condition #6 A regarding signage after “not to exceed 150 square feet, to allow a single sign not to exceed 150 square feet or 2 equal size signs not to exceed 75 square feet each, symmetrically located on the building facade.”

   

The motion was approved on the following vote:  AYES:  John Richardson, Robert Giesse, Scott Evans, Matt Evans and Cherry Linder.  NOES: None.  ABSENT:  Donald de Reynier.  ABSTAIN: None.

 

 

New Business Lois McKnight told the board they have an updated Zoning Resolution.  She suggested to the board that they have a training session this fall.  She said they had a training session for the BZA with Greg Dale of McBride, Dale, Clarion.  They discussed best date that would work for all, and the consensus was that Monday nights would be the best for them for the meeting.  Lois McKnight said she would get with Greg Dale.

 

Ken Geis, Cincinnati United Contractors, 7870 East Kemper Road, said that in Condition #6 there is minimum 10,000 square feet occupancy of floor area mentioned.  He said when leasing this building they may have a tenant who uses more than 10,000 or less than, maybe 8,000 and 14,000 for example.  He said they would like to have some consideration on that.  Lois McKnight said usually when they have 10,000 square feet that entitles them to a wall sign installed on any wall that is less than 200 feet in length.  Once they have 10,000 square feet unless the building length is 200 feet or greater there can only be one sign.  John Richardson said that is in the PUD and he is not inclined to change that.  Matt said if there are 8 tenants there would be no sign because they would be less than 10,000 square feet.  Robert Giesse said they could go to the BZA to try and change that?  Lois McKnight explained that any request of PUD modification is reviewed by the Board of Trustees.  

 

Adjournment  Motion by Scott Evans 2nd by Matt Evans to adjourn.

 

The motion was approved on the following vote:  AYES:  John Richardson, Robert Giesse, Scott Evans, Matt Evans and Cherry Linder.  NOES: None.  ABSENT:  Donald de Reynier.  ABSTAIN: None.

 

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John Richardson, Chairperson                                              Date                        Marilyn Arnold, Secretary                       Date

 

                                                                                                                                                       K & H  09_08_08.MIN