The Washington Township Zoning Commission met in regular session on April 19, 2005 in the Meeting Room of Washington Township Government Center. Members of the Commission present were Mr. Rogers, Mr. Drain, Mrs. Winwood, Mrs. Zobrist, and Mr. Anderson.

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 March 15, 2005 be approved with modifications.
Motion seconded by Mr. Anderson.

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

CASE Z-664 - Washington Development LLC and Jack Workman

Request is for a change in zoning from the current Agricultural (A) to Residential 4 (R-4) for single family residential lots with a minimum area of 20,000 square feet. This property is approximately 14 acres located at 9600 Paragon Road.

Mr. Rogers was excused from hearing this case due to a conflict of interest.

Tom Toberen, Deputy Administrator, presented the case.

Mr. Drain - Asked about any trees on the tree lines on the property.
Mr. Toberen - There are no trees inside the property. There is a row of trees along the south property line and along the east property line.

Applicant represented by Brent Fraley, Developer, 6372 Trenton Franklin Parkway, Middletown, Ohio. Mr. Fraley indicated the owner has agreed to dedicate the right-of-way along Paragon. But since they are only developing the rear of the property, they take exception to the comment requiring the road improvements along Paragon Road.

There was extensive discussion regarding the right-of-way improvements. The general consensus was to have the right-of-way dedicated at this time but not require road improvements until the front portion develops.

Citizens voicing concerns, questions and comments included:

Robert Lamport, 9713 Rose Arbor - Questioned what would be on the lots adjacent to his home.

Jim Finke, 9753 Rose Arbor - Asked about drainage improvements along the rear property line. He has not seen any improvements in that area.
Mr. Fraley - The grading in this area is presently underway.

Public hearing closed.

Commission remarks, concerns and comments included:

Mrs. Winwood - Likes the larger size lots.

Mr. Drain - Likes the layout and larger lots. He would like to see the dedication of the right-of-way.

Hearing closed.

MOTION - Mrs. Zobrist moved in Case Z-664 to approve applicant's request for a change in zoning from the current Agricultural (A) to Residential 4 (R-4) for single family residential lots with a minimum area of 20,000 square feet subject to: 1) staff comments, with the exception of the comment requiring road improvements at this time; and 2) the attempt to save existing trees where possible; and 3) the dedication of the right-of-way.

Motion seconded by Mr. Anderson.

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

Case Z-664 approved with modifications.

CASE Z-663A - Riverain Ltd. Partnership & Yankee Center Ltd. (Traditions at Yankee)

Request is for a change in zoning from the current Planned Development Transition (PD-T) to Planned Development Transition (PD-T) second stage final approval for a residential development containing 178 units on approximately 63.18 acres. This property is located on the west side of Yankee Street south of Austin Pike.

Tom Toberen, Deputy Administrator, presented the case.

Applicant represented by Jeff Hyman, Developer, Burnside Construction, 2400 Wisconsin Avenue, Downers Grove, Illinois.

Mr. Drain - Questioned the staff comment concerning township turnarounds at dead end roads.
Mr. Hyman - They typically provide hammer head turnarounds.

Mr. Drain - What are the building materials for the clubhouse?
Mr. Hyman - They are going to revise the clubhouse elevations. The front will be 100% brick and the sides and rear will be 42% brick and the remainder will be vinyl siding.

Mr. Drain - Asked why the entire clubhouse could not be all brick?
Mr. Hyman - Will offer to go up to the eave line of the sides and rear of the building.

Mr. Drain - Asked about adding brick up to the eave line on the sides and rear of the dwelling units.
Mr. Hyman - Feels the units are only 15' apart and will not be that visible unless you are standing in between them.

Mr. Anderson - Feels you would see the sides from the roads and it would be a better project with more brick.
Mr. Hyman - Feels they are providing a consistent look. They have done a market study and this pricing is higher than originally anticipated. They don't want to get too high of a price that would make the units less marketable.

Mrs. Winwood - Feels that since this will be for older residents, more brick will mean less maintenance.
Mr. Hyman - All exterior maintenance will be provided to the residents and they feel the vinyl requires less maintenance than brick.

Mr. Hyman submitted a fiscal impact study.

Citizens voicing concerns, questions and comments included:

John Puslat, 12943 Newburg Court - Questioned how Newburg Court would connect since this land sits lower than the end of Newburg Court. Is concerned how their detention basins will be affected. Concerned with the building materials of the sunroom.

Jim Peth, 12918 Newburg Court - Asked about the extension of Newburg Court.

Sue Love, 10605 Falls Creek Lane - Questioned the use of the name Heritage Road since the township already has a road with a similar name.

Don Walker, 1752 Rockleigh Road - Asked about the square footage of the single family homes. Concerned with the trees being cut down and doubts they will get $300,000 for a 1,600 square foot house with vinyl siding.

Amy Fish, 1578 Waterbury Wood - Likes the project.

Mr. Hyman - Addressed the citizens concerns and stated that the connection to Newburg Court will be determined in the engineering design. Mr. Hyman assured that they will not disturb the existing detention basins in Yankee Terrace. They will be submitting color boards showing the proposed color packages as well as revised street names that are acceptable. As far as the cost of the units, they feel people are buying into the lifestyle (clubhouses, amenities, and landscaping), not just the house.

Mrs. Winwood - What type of windows will be used?
Mr. Hyman - Vinyl clad casement or double hung windows.

Mrs. Winwood - What are the requirements concerning having a grandchild live in this development?
Mr. Hyman - No child will be permitted to live in this development.

Mr. Rogers - Where are the restrictions on age found?
Mr. Hyman - They will be in the plat covenants.

Mrs. Winwood - Are there any restrictions on pets?
Mr. Hyman - Pets are allowed.

Mrs. Winwood - Will there be any fenced-in patios?
Mr. Hyman - No, just the fencing around the perimeter of the development.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Anderson - Is not in favor of the lack of brick on the sides and rears of the units. Would recommend brick up to the eave lines.

Mr. Drain - Would recommend that all ends and rears be brick up to the eave line on the perimeter of each pod.

Mrs. Winwood - Would like to see material samples since this is a second stage application.

MOTION - Mr. Drain moved in Case Z-663A to table applicant's request for a change in zoning from the current Planned Development Transition (PD-T) to Planned Development Transition (PD-T) second stage final approval for a residential development containing 178 units on approximately 63.18 acres to allow the applicant time to provide additional building material samples and to modify drawings.

Motion seconded by Mr. Rogers.

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

Case Z-663A tabled.

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.

These cases were tabled at the March 15, 2005 Zoning Commission Meeting.

Mrs. Zobrist was excused from hearing these cases.

Tom Toberen, Deputy Administrator, presented the major changes to the plans.

Applicant represented by David Oakes and Debra Sullivan, CESO, 1700 Lyons Road.

Mr. Anderson - What is the roof material on the gas station?
Ms. Sullivan - It will be a metal seamed roof.

Citizens voicing concerns, questions and comments included:

Sandy Spees, 5620 Hugh Drive - Thanked the Zoning Commission for asking for additional input and thanked the developer for being receptive to the comments made. She spoke in favor of the changes made.

Bo Gunlock, 8163 Old Yankee Road - Is satisfied with the proposed parking provided and feels the landscaping is very good even though it doesn't meet the letter of the code. This is a difficult site since every side of the building is visible from a main road.

Cal Love, 10605 Falls Creek Lane - Is concerned with the perpendicular parking versus the diagonal parking.

Bob Harrington, 6408 Imperial Woods Road - Commends Sam's Club for wanting to improve this site rather than moving to a new location and leaving a vacant building.

Terry Krug, 988 Patriot Square Drive - Is in favor of the project.

Mr. Oakes - Addressed the concern of the angled versus perpendicular parking layout. Sam's Club prefers angled parking but it reduces the number of spaces.

Mr. Anderson - What is the width of the parking areas?
Mr. Oakes - 61 feet.

Commission remarks, concerns and comments included:

Mr. Drain - The plan looks acceptable to him. Does not have a problem with granting the modifications from the code. Would like to include the comments made by Sandy Spees.

Mrs. Winwood - Wanted to thank Sandra Drain and Sandy Spees for attending the meeting tonight and also wanted to thank Sam's Club for being cooperative.

MOTION - Mr. Drain moved in Case Z-665 to approve applicant's request for a change in zoning from the current Special Use (SU) zoning district to Planned Development Business 2 (PD-B2) first stage.

Motion seconded by Mrs. Winwood.

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

Case Z-665 approved.

MOTION - Mr. Drain moved in Case Z-665A to approve applicant's request 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 subject to: 1) staff comments; 2) the revised plans as submitted; 3) the comments submitted by Sandy Spees; 4) agrees to granting design flexibility for comments 1, 2, 3, 5, 9 and 12 of Andy Ehrhart's review letter.

Motion seconded by Mr. Anderson.

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

Case Z-665 approved.

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

________________________________
Harry Drain, Chairman
Washington Township Zoning Commission

ZC\Minutes\April 19, 2005