WASHINGTON TOWNSHIP ZONING COMMISSIONMINUTES

May 16, 2006

The Washington Township Zoning Commission met in regular session on May 16, 2006 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.

MOTION – Mr. Rogers moved the minutes of April 18, 2006 be approved with modification.

Motion seconded by Mrs. Winwood.

VOTE - Mr. Rogers, yes (abstained from the minutes of Case Z-541O); Mr. Drain, yes; Mrs. Winwood, yes; Mrs. Zobrist, abstain; Mr. Anderson, yes.

All in attendance were duly sworn in.

CASE Z-541O – K&A Architecture, Inc. ( Midwest Vein Center)

Request is for a change in zoning of a Planned Development Business 2 (PD-B2) second stage and final plan and approval to construct a new single story medical office building with associated off-street parking on .81 acres located at 8101 Miller Farm Lane.

This case was tabled at the April 18, 2006 Zoning Commission meeting.

Mrs. Zobrist and Mr. Rogers abstained from hearing this case.

Greg DeLong , Senior Planner, presented the case.

Mr. Drain – Indicated that it appears the developer did not change the building elevation materials even though the Zoning Commission did not like the split face block.

Mr. DeLong – Stated that is correct and the township staff has been working with our Law Director to determine if split face block meets our definition of brick, which it appears it may.

Mr. Anderson – Noted the plans don’t show a screening wall around the dumpsters and mechanicals.

Mr. DeLong – Stated they are screening with landscaping which is permitted according to our code. The applicant originally had cedar fencing but did change the screening to landscaping. Take note the dumpster is not a commercial dumpster but the same size as a residential container.

Applicant represented by Don Kiley, Architect, 581 S. Alpha Bellbrook, Bellbrook, Ohio. Mr. Kiley addressed the Commission by stating that the building has been designed with the approval of the owner and feels it is harmonious and compatible with the surrounding area as the Flower Factory contains split face block.

Mr. Drain – Questioned if Mr. Kiley was willing to change the building materials.

Mr. Kiley – No, because we feel it meets the township’s code and the needs of his client. Township review of the brick definition does allow for split face block.

Mrs. Winwood – What is the composition of split face block?

Mr. Kiley – Portland cement, aggregate and water.

Mrs. Winwood – Does split face block contain shale and clay?

Mr. Kiley – Stated it contains clay, but is not sure of the total composition.

Staff, including Law Director Bob Surdyk, interjected and discussed our interpretation of the brick definition and staff stated that based on the current brick definition, it appears split face blocks meets the definition.

Mr. Anderson – Will the block be painted or integral in color?

Mr. Kiley – It will be integral in color.

Mr. Drain – Indicated at the last meeting Mr. Anderson mentioned he would like to see ground face block. Mr. Drain asked if they would consider using this material.

Mr. Kiley – No, because it is glazed and shiny and texture wise it would not be compatible with other building textures. Also ground face block is typically used in car washes due to its protective glazing.

Citizens voicing concerns, questions and comments included: None.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain – Likes the use for this location. Feels it is a very visible location and is concerned with the use of split face block as a building material. Also would like to see a permanent wall screen for the mechanicals and the trash can instead of landscaping. Wants to see brick or stone used.

Mrs. Winwood – Concurs with Mr. Drain on the split face block and also doesn’t think it is asking too much to put up a brick wall for screening.

Mr. Anderson – Would like to see a brick screening wall to screen mechanicals and the trash can since the area will be visible from the Flower Factory parking lot.

MOTION - Mr. Anderson moved in Case Z-541O to approve applicant’s request for a change in zoning of a Planned Development Business 2 (PD-B2) second stage and final plan and approval to construct a new single story medical office building with associated off-street parking on .81 acres, subject to: 1) staff comments; and 2) masonry screening for trash and mechanical area.

The motion was not seconded.

MOTION - Mr. Drain moved in Case Z-541O to deny applicant’s request for a change in zoning of a Planned Development Business 2 (PD-B2) second stage and final plan and approval to construct a new single story medical office building with associated off-street parking on .81 acres. The current design is not compatible with the area and the applicant is unwilling to compromise on building materials and screening.

Motion seconded by Mrs. Winwood.

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

Case Z-541O denied.

CASE Z-672A – Synergy Development, LTD ( Grandview Hospital & Medical Center)

Request is for a change in zoning to Planned Development Office 3 (PD-O3) second stage and final plan and approval to construct a new two-story (79,953 square feet) medical office building and associated off-street parking on the Southview Medical complex which is 23.40 acres of land located at the southwest corner of Yankee Street and Leona Lane.

CASE Z-236C – Synergy Development, LTD ( Grandview Hospital & Medical Center)

Request is for approval of a modification to a previously approved site plan to allow for 45 off-street parking spaces as a part of a new 105 space off-street parking lot and associated drive isles. The proposed off-street parking lot is part of the overall development of the Southview campus under Case Z-672A.

These cases were tabled at the April 18, 2006 Zoning Commission meeting, because the case rezoning the property to PD-O3 was not yet approved by the Township Trustees.

Mr. Drain – Stated that all five Zoning Commission members will participate in these cases.

Mr. Anderson – Stated he has dealt in the past with the law firm representing Southview, but he does not feel it will affect his decision process.

Greg DeLong , Senior Planner, presented the case.

Mr. Drain – Questioned the staff comment from the Township Engineer, John Davies concerning the 75’ buffer text.

Mr. DeLong – That has been addressed and the buffer is 150’, so that comment can be eliminated.

Mr. DeLong – Stated that in Case Z-475 and Case Z-236, the Township supported and approved an access point on Yankee Street.

Mr. Drain – Will the applicant be responsible for road improvements along Yankee Street?

Mr. DeLong – Yes, but would like the applicant to address the exact requirements.

Mrs. Zobrist – Questioned the Montgomery County Sheriff’s Office comment regarding the height of handicap signs.

Mr. DeLong – Signs are to be 5’ high in order to be enforceable.

Applicant represented by Jerad Barnett, Synergy Development, 2689 Commons Boulevard, Beavercreek; and Scott Krebel, LJB Traffic Engineer, 3100 Research Boulevard, Kettering.

Mr. Anderson – Could it simply be stated how much additional traffic will come from the south to the north?

Mr. Krebel – In the morning peak hour it will be approximately 98 vehicles turning into the site.

Mr. Anderson – Has a concern with a two-story building. Asked if an analysis has been done as to the effect of having a three- or four-story building which would require a smaller footprint and possibly save some of the existing trees?

Mr. Barnett – The two users for this building so far need approximately 40,000 square feet of ground level space.

Mr. Drain – Questioned the building design and whether it is harmonious with the other buildings on the campus.

Mr. Barnett – Southview feels the building is harmonious as it has characteristics of other buildings on the site (flat roof) and Southview is trying to achieve a campus feeling and they feel this design does meet the goals.

Citizens voicing concerns, questions and comments included:

John Amarante, 7525 Eagle Creek Drive – Concerned with the building height and access on Yankee Street. Feels there are wetlands in the wooded area that should be addressed. Feels the character of Yankee Street will change with more traffic on it. Wants to make sure the buffer remains as it helps protect noise and lights. Concerned about the lowering of the neighborhood’s property values. Concerned that the traffic study does not speak the truth as it was done during the winter months and not during the busy season of the park or Woodhaven. Believes putting more traffic on Yankee Street during the winter months, especially at the overpass of I-675 will cause more wrecks because the overpass gets icy during the winter. Offered two solutions: 1) Maintain the existing access point on SR725; and 2) Put the entrance from Leona Lane and not Yankee Street.

Mr. Drain – Asked the citizens to try not to repeat already stated comments but to address new items.

Judith Keegans, 7570 Yankee Street – Have existing drainage problems in the yards along the east side of Yankee Street since I-675 was built. Concerned the proposed development may cause additional drainage problems. Also concerned with additional traffic on Yankee Street and speed on Yankee Street will cause accidents. Feels the SR725 access point adequately serves the hospital. Would like to restrict the proposed Yankee Street access point to emergency vehicles only and it could be controlled by a remote control gate.

Mary Sipple, 1711 Provincetown – Concerned with removal of trees outside of the 150’ buffer as this will draw out the wildlife onto I-675 and Yankee Street which would cause safety problems. Doesn’t like the Yankee Street access point. Increased Yankee Street traffic will cause safety issues for those using the swim club.

Laura Lovins, 7513 Eagle Creek Drive – Concerned that a final wetlands study has not been done. Concerned future mall expansion traffic was not taken into consideration as part of the traffic study.

Sue Love, 10605 Falls Creek Lane – Feels there should be signage at the Yankee Street and I-675 off ramp to direct people to the Dayton Mall so they don’t get lost and have to turn around in the drives of people on Yankee and Penbrooke subdivision. Also does not like the access point on Yankee Street.

Bill Polk, 7624 Eagle Creek Drive – Discussed that he would like to see additional trees placed on the site to replace those being removed.

Greg Adkins, 7718 Eagle Creek Drive – Asked if anything will be removed from the 150’ buffer.

Martha Boice, 7712 Eagle Creek Drive – Stated that the medical complex at Indian Ripple and I-675 only has one access point; therefore, she doesn’t believe Southview needs to have two.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain – Asked if the township can require a wetland study be conducted?

Mr. Barnett – As part of the due diligence to construct on the property all the proper paperwork has been submitted and the Ohio EPA and the Army Corp of Engineers have stated there are no designated wetlands at this location.

Mr. Barnett – Traffic counts were done during the winter because that is when the process began but required study testing is also used so the traffic counts take all aspects into account. ODOT adamantly stated they would not allow access from Leona Lane.

Mr. Anderson – Asked who has authority to grant access to Yankee Street.

Staff – Montgomery County.

Mr. Rogers – Feels it is a good project and does not feel the access point is a detriment.

Mrs. Zobrist – Thinks it is a nice looking building and project. Feels the Yankee Street access is needed. The existing SR725 access should be widened.

Mrs. Winwood – Feels the access point on Yankee Street will be a safety concern and is not in favor of the project.

Mr. Anderson – Would like to see an increase in the percentages of brick to bring the building closer to 65% brick.

Mrs. Winwood – Calculated the quantity and without the glazed windows the building will be over 65% brick.

Mr. Drain – Feels it is a good location for this development and feels the additional traffic will stop at the new access point and not affect the Penbrooke plat.

MOTION - Mr. Drain moved in Case Z-672A to approve applicant’s request for a change in zoning to Planned Development Office 3 (PD-O3) second stage and final plan and approval to construct a new two-story (79,953 square feet) medical office building and associated off-street parking on the Southview Medical complex, subject to: 1) staff comments with final drawings to the Trustees; 2) Montgomery County approval of Yankee Street access; 3) developer is responsible for Yankee Street roadway improvements; 4) waive the 15 parking spaces not within 50’ of a deciduous tree; 5) 9’ x 18’ parking spaces are acceptable; 6) mechanicals to be screened with harmonious materials; and 7) maintain 150’ buffer along the north property line. The buffer is to remain in its natural state with the exception of routine maintenance (removal of dead or diseased trees, bushes, shrubs, mowing or weeding).

Motion seconded by Mr. Rogers.

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

Case Z-672A approved with modifications.

MOTION - Mrs. Zobrist moved in Case Z-236C to approve applicant’s request for approval of a modification to a previously approved site plan to allow for 45 off-street parking spaces as a part of a new 105 space off-street parking lot and associated drive isles, subject to: 1) staff comments; 2) 9’ x 18’ parking spaces are acceptable.

Motion seconded by Mr. Rogers.

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

Case Z-236C approved with modifications.

CASES Z-674 & Z-674A – Crosstowne Properties ( Scarborough Village)

In Case Z-674, the request is for a change in zoning from the current Agricultural (A) zoning district to Planned Development Residential Multi-Family (PD-RM) two stage to allow for construction of a new condominium project and to maintain an existing single-family residence.

In Case Z-674A, the request is for approval of a change in zoning to Planned Development Residential Multi-Family (PD-RM) second stage and final plan and approval of a proposed development containing 16 new 4-unit ranch style condominiums and will maintain an existing single-family residence on approximately 15 acres of land.

Mr. Rogers and Mrs. Winwood were excused from hearing these cases due to a conflict of interest.

Greg DeLong , Senior Planner, presented the case.

Applicant represented by George Reinke, Reinke Group, 959 Congress Park Drive; and Craig Crossley, Developer, 1101 N. Franklin Ave.

Mr. Anderson – Concerned that the units along SR48 will be close to the future 5-lane roadway. Also feels the project is too dense.

Mr. DeLong – Stated the code allows a maximum of 6 units per acre and the proposed project is 4.3 units per acre. Other developments the developer has done in the township include Turnberry Village at 4.72 units per acre, Edinburgh Village at 4.61 units per acre and Birkdale Village at 5.12 units per acre and those numbers are informational and for the Commission to consider.

Citizens voicing concerns, questions and comments included:

Paul Kraemer, 6441 Harrison Court, Centerville – Concerned with drainage of the property onto the Morning Star Church property. Also concerned with the lack of playground/recreational equipment in this project and fears people would use the church property as a playground.

Bill Horst, 10165 Lebanon Pike – Concerned with access onto SR48 and the potential site distance. Concerned with traffic conflicts with his driveway. Concerned that the plans do not show roadway improvements on SR48.

Gregg Sisson, 7658 E. Von Dette Circle, Centerville – Acknowledged the letter he submitted and was in the Commissions’ packets. Wanted to purchase the subject properties in the past but was told by the Township Planner at the time multi-family is not viable for this area. Was told in the past that single family residences were required as a buffer for multi-family as was done at Birkdale and Edinburgh. Doesn’t like the double garage doors facing his single family development to the south.

Pat Beckermann, 10305 Virginia Lee – Concerned with additional traffic on SR48. Would like to see large single family lots like they have.

Public hearing closed.

Commission remarks, concerns and comments included:

Mr. Drain – Have the fire department comments been addressed?

Mr. Reinke – They have reviewed their comments and can comply with all but the requested second access point.

Mrs. Zobrist – Asked about restricting left turns out of the development.

Mr. Drain – Does not like the grid pattern design and would like to see more open space as the development is too dense.

Mr. Reinke – Create the Vision talks about providing housing choices in order to maintain residents in the community instead of relocating elsewhere to meet their housing needs.

Mr. Anderson – Believes the project is too dense.

Mr. DeLong – This issue comes up at most Zoning Commission meetings even though developments are well under the maximum density calculation, so I think it would be valuable for the Commission to tell the applicant what density you want so they have some direction before returning.

Commission – We don’t know what density we want until we see the plans. Layout and building types play a key role in density appearance.

Mrs. Zobrist – Would like to see the layout changed. Would like to see more than just a clubhouse and pool. Maybe add gathering places such as gazebos.

Mr. Drain – Would encourage the developer to meet with the residents.

Mr. DeLong – Stated he will fax him the sign-in sheet from tonight’s meeting.

MOTION - Mr. Drain moved to table Case Z-674 and Case Z-674A.

Motion seconded by Mr. Anderson.

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

Case Z-674 and Case Z-674A tabled.

Meeting adjourned at 11:45 p.m. A tape recording of this proceeding is on file in the Zoning Office.

________________________________

Harry Drain, Chairman

Washington Township Zoning Commission

ZC\Minutes\May 16, 2006