The Washington Township Zoning Commission met in regular session on February 22, 2005 in the Meeting Room of Washington Township Government Center. Members of the Commission present were Mr. Rogers, Mr. Drain, Mrs. Zobrist, and Mr. Anderson. Mrs. Winwood was excused.

Call to order at 7:00 p.m.

The Pledge of Allegiance was recited.

Mr. Drain introduced Larry Anderson as the new Zoning Commission member.

All in attendance were duly sworn in.

MOTION - Mr. Rogers moved the minutes of January 18, 2005 be approved subject to: 1) checking the word "intensity" on Page 5.

Motion seconded by Mrs. Zobrist.

VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, abstain.

CASE Z-663 - Riverain Ltd. Partnership & Yankee Center Ltd.

Request is for a change in zoning from the current Industrial (I-1) to Planned Development Transition (PD-T) and for first stage approval for a residential development containing 265 units on approximately 86 acres located on the west side of Yankee Street, south of Austin Pike.

Tom Toberen, Deputy Administrator, presented revisions to the plan.

Applicant represented by Bo Gunlock of RG Properties, 8163 Old Yankee Road; and Jeff Hyman of Burnside Homes, 2400 Wisconsin Avenue, Downers Grove, Illinois. Mr. Gunlock is representing the developer for the southern portion of the property. He discussed the density of 3.08 units per acre and feels this is a good transition from the densities in Springboro. Mr. Gunlock would like to propose the connection to E. McDaniels Road in Springboro be for emergency access only.

Mr. Drain - Asked how many total units in the Tradition project?
Mr. Hyman - 178.

Mr. Drain - Asked if it was possible to reduce the density to 2.5 units per acre?
Mr. Hyman - Losing another 20 or so units will not make the project feasible.

Mr. Hyman - Responded to the letter received from Linda Ramey via email.

Mr. Drain - Asked Mr. Hyman if he was aware that the property to the north is zoned Light Industrial?
Mr. Hyman - Yes. They are aware of that zoning. Mr. Hyman indicated there will be mounding and landscaping to buffer the property and wrought iron fencing.

Mr. Drain - Are you aware this property is under the flight path of Dayton General Airport?
Mr. Hyman - Yes, they are aware.

Mr. Drain - Discussed his reasoning for maintaining the 2.5 units per acre for this property.

Citizens voicing concerns, questions and comments included:

Amy Fish, 1578 Waterbury Woods Lane - Questioned the access into Springboro and whether Springboro emergency vehicles would ever use it. Ms. Fish stated that overall, she liked the project.

Barry Bunn, 1720 Rockleigh Road - Likes the project; however, he is concerned about the density. Would be in favor of limited access into Springboro. If the density can't be reduced he would like to see a buffer maintained between this project and Yankee Terrace.

Rachel Berry, 245 E. McDaniels Lane - Concerned with additional traffic through her development. Asked about maintaining any of the existing trees in the southern portion.

Mr. Gunlock - Responded to the concerns. Stated that the property owner of the southern portion is willing to lower the density to 2.82 units per acre to be consistent with the Tradition portion.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Rogers - Feels it is an improvement over the Industrial zoning and is agreeable to the 2.82 units per acre.

Mrs. Zobrist - Feels the township needs this type of development and is in agreement with the proposed density.

Mr. Drain - Is accepting of the 2.82 units per acre for the Burnside Homes product but would like to see 2.5 units per acre for the southern portion.

MOTION - Mr. Rogers moved in Case Z-663 to approve applicant's request for a change in zoning from the current Industrial (I-1) to Planned Development Transition (PD-T) and for first stage approval for a residential development containing 265 units on approximately 86 acres subject to: 1) staff comments; and 2) density in both sections at 2.82 units per acre.

Motion seconded by Mrs. Zobrist.

VOTE - Mr. Rogers, yes; Mr. Drain, no; Mrs. Zobrist, yes; Mr. Anderson, abstain.

Case Z-663 approved with modifications.

CASE Z-541M - Mulqueen & Sons, LLC (Super Wash, Inc.)

Request is for a change in zoning and approval of a Planned Development Business 2 (PD-B2) second and final stage plan for a car wash located on approximately 0.8 acres located on Miller Farm Lane.

Tom Toberen, Deputy Administrator, presented the case.

Applicant represented by Barry Weaver, 195 Byers Road.

Mr. Drain - Discussed the staff comments.

Mr. Drain - Asked how many car washes they have around the country?
Mr. Weaver - Approximately 1,000 car washes in 33 states.

Mr. Drain - Has a concern with the type of use this is and that it is not a compatible use with the area.
Mr. Weaver - Feels it is completely in keeping with the character of the neighborhood. The project is not a traffic generator.

Mr. Weaver - Addressed the staff comments.

Mr. Drain - Asked how the vacuum and trash cans would be enclosed?
Mr. Weaver - Indicated it would be a concrete structure.

Mr. Drain - What are the hours of operation?
Mr. Weaver - It would be open 24 hours per day.

Mrs. Zobrist - Could the vacuum and trash enclosure be wrapped in brick to match the building?
Mr. Weaver - That would be acceptable.

Mr. Anderson - Questioned whether this car wash is a permitted use since the B2 requirements are that the activity be in an enclosed building?
Mr. Drain - Asked if it was staff's position that it is permitted?
Mr. Toberen - We have approved other car washes in a B2 zoning district. It is my position that the use is permitted.

Citizens voicing concerns, questions and comments included:

Forest Worthom, 358 Sentinel Oak Drive - Is concerned with property values, traffic and speeds in the neighborhood, trash and pollution. Feels this car wash is in the wrong location.

Charles Stansell, 96 Gershwin Drive - Concerned that this is an all night facility and they could be hearing the sound of vacuum cleaners at 2:00 a.m.

Laura Sanboski, 8100 Julian Place - Feels this car wash is nothing more than a nuisance and the noise and lights going all night are too close to the residential areas.

Prashanth Kumar, 8159 Normandy Creek Drive - Children bike and walk to school in this area. Doesn't feel this is an appropriate use.

Joe Pellettiere, 8300 Cornerstone Court - Concerned with the bright lights. The other car washes mentioned are in more of a business area.

Bruce Deerhake, 351 Sentinel Oak Drive - Stated his opposition to the project.

Mike Fain, 449 Isabella Circle - Too intense of a business use to be open all night. Feels it will lower his property values.

Phil Herman, 1619 Stafford Springs Place - Is developing the medical office buildings across the street from this project. Mr. Herman is concerned with water from the car wash freezing in the road during the winter months. Feels it is not acceptable for this area.

Jim Bauman, 55 Hillside Court, Englewood - Concerned with traffic flow into the car wash and there are no details provided for the storm water control. Not enough information was provided for landscaping.

Bill Deas, 1983 Woodson Court - Feels the car wash is a step backwards as far as development is concerned in this area.

Skip Schafer, 7071 Corporate Way - Discussed the history of the development of this property.

Barb Bromberg, 451 Deauville - In addition to water runoff there will also be dirt and grime runoff.

Charles Stansell, 96 Gershwin Drive - Questioned whether the existing storm sewer system can handle the additional runoff from this site.

Mr. Weaver - Responded to the concerns and comments made.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain - Does not have anything against the car wash but doesn't feel it is in character with the surrounding area.

Mr. Anderson - Feels it is an appropriate use of the land; however, Miller Farm Lane is a gateway into the residential area and this use is not appropriate.

Mrs. Zobrist - Does not feel it is appropriate. Flower Factory does not generate a lot of traffic on to Miller Farm Lane. Most of its traffic comes and goes off SR725.

Mr. Rogers - Feels that the car wash is inconsistent with the surrounding uses.

MOTION - Mr. Drain moved in Case Z-541M to deny applicant's request for a change in zoning and approval of a Planned Development Business 2 (PD-B2) second and final stage plan for a car wash.

Motion seconded by Mr. Rogers.

VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.

Case Z-541M denied.

Meeting adjourned. A tape recording of this proceeding is on file in the Zoning Office.

________________________________
Harry Drain, Chairman
Washington Township Zoning Commission

ZC\Minutes\February 22, 2005