The Washington Township Zoning Commission met in regular session on March 15, 2005 in the Meeting Room of Washington Township Government Center. Members of the Commission present were Mr. Rogers, Mr. Drain, Mrs. Winwood, and Mr. Anderson. Mrs. Zobrist was excused.

Call to order at 7:00 p.m.

The Pledge of Allegiance was recited.

All in attendance were duly sworn in.

MOTION - Mr. Rogers moved the minutes of February 22, 2005 be approved as submitted.
Motion seconded by Mr. Anderson.

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

CASE Z-633D - Simms Twin Lakes Ltd.

Request is for a change in zoning from Planned Development Residential Multi-family (PD-RM) to Planned Development Residential Multi-family (PD-RM) second stage and final plan approval for revised building elevations. This property is approximately 26 acres located at the northeast corner of Spring Valley Pike and Washington Church Road.

Tom Toberen, Deputy Administrator, presented the case.

Mr. Drain - What is the height of the units?
Mr. Toberen - The buildings scale at approximately thirty-two feet (32').

Mr. Anderson - Are the previous units wood or vinyl?
Mr. Toberen - They were approved with vinyl.

Applicant represented by Charles Simms, 571 Eagle Circle.

Mrs. Winwood - Would recommend that the vinyl units be changed so that they have the dormers above them.

Mr. Anderson - Feels the roof line of the previous units had more character. The new roof line is just a straight line across the length of the building.

Mr. Drain - How much higher are these buildings over the previous buildings?
Mr. Toberen - They are approximately eight feet (8') higher.
Mr. Simms - Indicated that the new buildings are six feet (6') higher.

Mr. Anderson - Asked about moving the dormers on the end unit to the unit that has siding.
Mr. Simms - They are trying to make each unit unique and would like to keep the design the same.

Mr. Drain - Is concerned that the rear of the buildings would be visible from the street and would look too plain.
Mr. Simms - Reviewed the possible units that would be visible.

It was agreed to add dormers and gables on the rear of buildings 4, 13, 20, and 21 which would be similar to the front.

Mr. Anderson - Would suggest adding dormers over the vinyl units for the 5 unit buildings.

Citizens voicing concerns, questions and comments included:

Holly Channell, 9236 Clyo Road - Agrees that the buildings need balance.

Al Milam, 912 Cedar Creek Circle - Questioned if the additional floor was for another family or just additional square footage.

Bill Bittner, 9233 Clyo Road - Asked if it was a common attic or separated by fire wall.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Rogers - Thinks it looks fine and he would approve the plan as is.

Mr. Drain - Likes the use of colors to make it a more pleasing appearance. Would like to see more design on the rear of the units that are visible from the road.

Mrs. Winwood - Feels it is an improvement over the previous design.

Mr. Anderson - Feels the colors chosen will fit in with the landscaping.

MOTION - Mr. Anderson moved in Case Z-633D to approve applicant's request for a change in zoning from Planned Development Residential Multi-family (PD-RM) to Planned Development Residential Multi-family (PD-RM) second stage and final plan approval for revised building elevations subject to: 1) adding 2 dormers to the 5 unit building; 2) adding dormers and gables to the rear of buildings 4, 13, 20 and 21; 3) previous approval in Z-633C; and 4) staff comments excluding #1 and #2 from Andy Ehrhart, Washington Township Zoning & Code Enforcement Coordinator.

Motion seconded by Mr. Rogers.

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

Case Z-633D approved with modifications.

CASE Z-660A - Morgan Rhoads Green, LLC (Saddlecreek)

Request is for a change in zoning from the current Planned Development Residential (PD-R) to Planned Development Residential (PD-R) second stage and final plan approval for a residential development containing 277 single family dwelling units on approximately 197.5 acres. This property has frontages along Clyo Road and Nutt Road east of Meadow Woods Drive.

Tom Toberen, Deputy Administrator, presented the case.

Applicant represented by Jim Sullivan, Vice President of Great Traditions, 10123 Alliance Road, Cincinnati; Steve Lisle and George Reinke, Reinke Group, 959 Congress Park Drive.

Mrs. Winwood - Asked about the staff comment concerning the erosion?
Mr. Toberen - Some residents along the west side of this development have experienced erosion along the creek. At the first stage, it was indicated that the developer might be willing to add bank stabilization.

Mr. Drain - Asked if there was a reduction in the number of villa lots?
Mr. Sullivan - They are at the same number of units as was presented in the first stage.

Mr. Drain - Asked if they can conform to all staff comments and the setbacks?
Mr. Sullivan - Yes, with the understanding that the estate homes meet that requirement (5' minimum side yard with 27' between houses versus the standard 13.5' side yard).
Mr. Toberen - Staff interprets that they do meet the setback requirements.

Mr. Drain - Likes the fact that they have reduced the density and set architectural standards.

Mr. Drain - What phase of the project would be developed first?
Mr. Sullivan - They would come in off Clyo Road first and go far enough to have access to all four product lines.

Mrs. Winwood - Asked about traffic accident data on Clyo Road and if the county has access to that information?
Mr. Reinke - Montgomery County Sheriff's Office should have that information.

Mr. Anderson - Has a concern that the street trees are only 2" caliper (recognizing that that is what is called for in the zoning code).

Mrs. Winwood - What type of fencing would be used?
Mr. Sullivan - It is vinyl fencing.

Citizens voicing concerns, questions and comments included:

Mike Frazee, 1530 Old Beech Court - Concerned that the topography doesn't change along the creek which would affect flooding on his property. Mr. Frazee would recommend that anything with the 100-year flood zone not be altered.

Holly Channell, 9236 Clyo Road - Concerned with density and traffic. Ms. Channell would like the property to remain as it is now. She would also like to see more green space, especially along Clyo Road.

Carol Channell, 9236 Clyo Road - Concerned about the length of time to develop the property, and also if the property will still be farmed. Ms. Channell is concerned that all developments are beginning to look alike.

Mary McGirr, 9147 Woodstream Lane - Concerned with traffic in Payne Farm and is in support of not opening Payne Farm lane to vehicular traffic.

Claudia Bittner, 9233 Clyo Road - Feels it is a mistake not to connect Payne Farm because of the traffic problems on Clyo Road.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain - Feels it is the kind of development we like to see in Washington Township. Is in favor of the project and appreciates that they didn't try to maximize the density.

Mr. Rogers - Feels the township is fortunate to have a developer of this quality come before us.

Mrs. Winwood - Feels it is a blessing to get a developer who wants to develop at this low density.

Mr. Anderson - Likes this project. We need to look at whether the signage conforms to the zoning code.
Mr. Drain - Explained that the signs proposed in this development do not conform to the zoning code which is why the applicant needs to go before the Board of Zoning Appeals for a variance.
Mr. Toberen - Explained the type of signage allowable according to the zoning code.

MOTION - Mr. Drain moved in Case Z-660A to approve applicant's request for a change in zoning from the current Planned Development Residential (PD-R) to Planned Development Residential (PD-R) second stage and final plan approval for a residential development containing 277 single family dwelling units on approximately 197.5 acres subject to: 1) staff comments; 2) side yard and rear yard setbacks for lots that abut adjacent zones adhere to the zoning requirements as dictated by the Zoning Resolution, with the exception of those lots abutting the Agricultural zone to meet the R-4 requirements; and 3) establish an easement along creek line to the west of the property to be considered a "no build" zone.

Motion seconded by Mr. Rogers.

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

Case Z-660A approved with modifications.

CASES Z-665 & Z-665A - Sam's Real Estate Business Trust, 1111 Miamisburg-Centerville Road

Request in Case Z-665 is for a change in zoning from the current Special Use (SU) zoning district to Planned Development Business 2 (PD-B2) first stage.

Request in Case Z-665A is for second stage and final plan approval in a Planned Development Business 2 (PD-B2) zoning district to allow for a 21,279 square foot addition to the existing Sam's Club and the addition of a gas station.

Tom Toberen, Deputy Administrator, presented the case.

Mr. Drain - Discussed the lack of trees in the parking lot and the buffer along McEwen Road. He expressed his disappointment in the landscaping and feels this is not the vision they had for the site.

Applicant represented by David Oakes, CESO, 1700 Lyons Road.

Mr. Drain - Asked Mr. Oakes if he was asking that the Zoning Commission grant modification for all the comments that have a double star?
Mr. Oakes - Yes.

Mr. Anderson - Are you planning on removing all the trees along Lyons Road in front of the addition?
Mr. Oakes - Yes, and they would plant new trees.

Mr. Rogers - Who owns this building?
Mr. Oakes - Sam's Club owns the building.

Mr. Drain - Agrees that the required parking requirements are probably too high but the developer should evaluate the site to see if the 520 spaces proposed are sufficient.

Citizens voicing concerns, questions and comments included:

Al Milam, 912 Cedar Creek Circle - Concerned with the traffic flow at the Lyons Road and SR725 intersection.

Bo Gunlock, RG Properties, 8163 Old Yankee Street - Spoke in support of the proposed changes in the site plan. Mr. Gunlock encouraged the Zoning Commission to work with the Sam's Club in the request to expand because it is vital to the area, including the Washington Park Plaza Shopping Center.

Terry Krug, 988 Patriot Square Drive - Is in favor of the expansion and the addition of the gas station.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain - Would like staff to have a horticulturist and/or the Visual Improvement Program Committee review the landscape plan (type, size, trees to be removed, additional landscaping along McEwen Road and in front of the building). Mr. Drain would like to see a lighting plan as well as a better feeling for the right number of parking spaces. Mr. Drain requested staff input on the variances asked for. Also would like to see the amount of green space come close to 20%.

Mr. Rogers - Likes the changes to the traffic flow and is accepting to the addition of the gas station.

Mr. Anderson - Stated he would like to see a final landscape plan and maintenance plan.

Mrs. Winwood - Feels the building should have been designed with a front facade facing each road.

MOTION - Mr. Drain moved to table Cases Z-665 & Z-665A.

Motion seconded by Mrs. Winwood.

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

Cases Z-665 & Z-665A tabled.

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

________________________________
Harry Drain, Chairman
Washington Township Zoning Commission

ZC\Minutes\March 15, 2005