WASHINGTON TOWNSHIP ZONING COMMISSION MINUTES
June 27, 2006
The Washington Township Zoning Commission met in special session on June 27, 2006 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 7:04 p.m.
The Pledge of Allegiance was recited.
MOTION – Ms. Zobrist moved the minutes of May 16, 2006 be approved with modifications.
Motion seconded by Mr. Anderson.
VOTE - Mr. Rogers, yes (abstaining from minutes related to Cases Z-541O, Z-674, and Z-674A); Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.
All in attendance were duly sworn in.
CASE Z-688B – Simms Maple Run, Ltd., 1337 W. Spring Valley Pike
Request is for approval of a Planned Development Multi-Family (PD-RM) second stage and final plan to allow, as an option, the rear patios of the previously approved multi-family building plans to be enclosed with screened porches.
Mr. Rogers – Excused himself from hearing the case due to a conflict of interest.
Greg DeLong , Senior Planner, presented the case.
Applicant represented by Mike Keller, Simms Development, 2785 Orchard Run Road, Dayton, Ohio.
Mr. Anderson – Have you considered wood framing versus the aluminum material being proposed?
Mr. Keller – Yes we did, but through extensive research, the proposed material is the highest rated on the market and will withstand various weather conditions.
Citizens voicing concerns, questions and comments included: None.
Public hearing closed
Commission remarks, concerns and comments included:
Mrs. Zobrist – Likes giving the residents the option to enclose their porches.
Mr. Drain – Does not have a problem with what is being proposed.
Mr. Anderson – Concurred with Mr. Drain.
MOTION - Mrs. Zobrist moved in Case Z-668B to approve applicant’s request for approval of a Planned Development Multi-Family (PD-RM) second stage and final plan to allow, as an option, the rear patios of the previously approved multi-family building plans to be enclosed with screened porches, subject to: 1) include all staff comments and recommendations from Case Z-668A be applied.
Motion seconded by Mr. Anderson.
VOTE - Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.
Case Z-668B approved with modifications.
CASES Z-676 & Z-676A – Tobias Funeral Home, Inc., 5471 Far Hills Avenue
In Case Z-676, the request is for a change in zoning from the current Special Use (SU) zoning district to Planned Development Office (PD-O2) two stage to allow for the construction of a new single-story detached 4-car garage to be used to store funeral home vehicles.
In Case Z-676A, the request is for approval of a change in zoning to Planned Development Office (PD-O2) second stage and final plan to allow for the construction of a new single-story detached 4-car garage to be used to store funeral home vehicles.
Greg DeLong , Senior Planner, presented the cases.
Mr. Drain – Which side of the garage will be vinyl?
Mr. DeLong – The south side.
Mr. Drain – What is the side yard setbacks shown?
Mr. DeLong – Fifty feet (50’) from the southwest corner and forty-six feet (46’) from the northwest corner and the difference in distances is based on the configuration of the lot line.
Mr. DeLong – The setbacks meet the zoning requirements with the exception of the rear yard setback, which the Washington Township Board of Zoning Appeals granted approval for at their April 24, 2006 meeting.
Mr. Drain – Are there any mechanicals for the garage?
Mr. DeLong – Based on the submitted plans, I am unaware of any but would like for the applicant to verify this.
Mr. Drain – Can we require the dumpster to be screened?
Tom Toberen , Deputy Administrator – They would have to comply with the new zoning district regulations, but staff will verify this with our Law Director.
Applicant represented by John Koverman, Attorney, 1281 Cedar Creek Circle.
Mr. Drain – Would you screen the dumpster?
Mr. Koverman – We would need to look into it, but we will if we are required.
Mr. Anderson – I noticed the existing garage has a wooden door. What type of garage doors will be used on the new garage?
Mr. Koverman – They would prefer vinyl pre-colored insulated doors as they are more readily available and meet their needs.
Mr. Anderson – Stated his concern of setting a precedent by allowing all vinyl siding on the rear of the garage.
Mrs. Zobrist – Questioned whether the installation of the future sanitary sewer line will remove the wooded area along the creek making the rear of the garage visible.
Mr. Koverman – Indicated the limits of the sewer easement and does not feel much of the wooded area would be lost.
Citizens voicing concerns, questions and comments included: None.
Public hearing closed.
Commission remarks, concerns and comments included:
Mr. Rogers – Not concerned about the rear of the garage being vinyl. Likes the project.
Mr. Anderson – Concerned about setting a precedent of the lack of brick on the rear.
Mr. Drain – Does not have a problem with the vinyl siding on the rear of the garage and does not feel we are setting a precedent because each request for such a waiver can be handled case by case. Would like a legal opinion on the screening of the dumpster.
Mrs. Zobrist – Hopes Mr. Koverman is correct in stating minimal trees will be removed if the sanitary sewer project runs behind the garage. States she is agreeable to the project.
MOTION - Mr. Rogers moved in Case Z-676 to approve applicant’s request for a change in zoning from the current Special Use (SU) zoning district to Planned Development Office (PD-O2) two stage to allow for the construction of a new single-story detached 4-car garage to be used to store funeral home vehicles.
Motion seconded by Mrs. Zobrist.
VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.
Case Z-676 approved as submitted.
MOTION – Mr. Rogers moved in Case Z-676A to approve applicant’s request for approval of a change in zoning to Planned Development Office (PD-O2) second stage and final plan to allow for the construction of a new single-story detached 4-car garage to be used to store funeral home vehicles, subject to: 1) staff comments, and 2) that the applicant work with staff and the Township Law Director on the requirements of screening the dumpster.
Motion seconded by Mr. Drain.
VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, no.
Case Z-676A approved with modifications.
CASE Z-677 – NRC Properties, LLC, 7245 Far Hills Avenue
Request is for a change in zoning from the current Special Use (SU) to Planned Development Business 2 (PD-B2) two stage to allow for a proposed jewelry store to be located at the subject property.
Greg DeLong , Senior Planner, presented the case.
Mr. Drain – Will the second story on the proposed addition be used as residential?
Mr. DeLong – The uses in the building would need to comply with the permitted B2 uses.
Mr. Drain – Asked about putting in an access point to the north or somewhere else on the property to allow for better traffic flow in the area. Would like to see the uses along Far Hills Avenue have access to traffic lights to allow for safer left-hand turns from the properties onto Far Hills Avenue.
Mrs. Zobrist – I don’t know how we could make that work considering the closest traffic light to the property is at Williamsburg Lane by Incarnation School.
Mr. Drain – Is there plans for additional traffic lights on Far Hills Avenue?
Mr. Toberen – At this time, no there is not.
Applicant represented by Rick Beatty, 650 Miamisburg-Centerville Road.
Mr. Beatty – Addressed Mr. Drain’s question of residence on the property. No, that will not occur and the upstairs will be private office space.
Mr. Beatty – The proposed building addition and improvements of the existing structure include removing 1,000 square feet and replacing it with the 2-story, 1,800 square foot addition.
Mr. Beatty – Materials on the building will be like Voss Cadillac, as we are trying to raise the architectural bar along Far Hills Avenue.
Mr. Drain – Wants to know the parking calculations.
Mr. DeLong – At this time, this is a rezoning case only. We will get into the site specific details during the second and final stage application.
Mr. Rogers – This is a rezoning case only?
Mr. DeLong – Yes, but if there are any items or input about the site, this is the time to let the applicant know this feedback so they are better prepared when they come back for second stage and final plan approval.
Citizens voicing concerns, questions and comments included:
Scott Wright, 433 Windsor Park Drive – As a partner of property ownership nearby, he asked if the applicant can disclose the name of the jeweler. Concerned about a chain jeweler.
Mr. Beatty – The jeweler is independently owned. They are presently located on Wilmington Pike in Sugarcreek Township. The name of the jeweler is Elizabeth Diamond.
Public hearing closed.
The Commission commented on what they would like the developer to address during the second stage and final plan application pending approval of the subject case. Comments included:
Mr. Anderson – The elevation renderings indicated louvers in the dormers. Keep in mind that the mechanicals need to be screened.
Mr. Drain – Would like to see extensive landscaping. Would like to see the dumpster enclosed. Would like to see the parking lot surface addressed as it is showing signs of wear.
Mrs. Zobrist – Would like to see samples of building materials for the second stage.
Mr. Drain – Would like to see the applicant also work with the property owner to the south about sharing the access point onto Tranquil Trail.
Other Commission remarks, concerns and comments included:
Mr. Drain – What is the height of the building? What is allowed in the B2 zoning district?
Mr. Beatty – The height of the proposed building would be twenty-eight feet (28’).
Mr. DeLong – Indicated B2 zoning allows building heights up to forty-four feet (44’).
Mr. Rogers – Questioned if the wholesale portion of the business is permitted in the B2 district?
Mr. DeLong – The zoning manager reviewed the proposal and feels the small percentage of wholesale would be permitted by accessory.
The Commission members all made comments in favor of the rezoning.
Hearing closed.
MOTION - Mr. Anderson moved in Case Z-677 to approve applicant’s request for a change in zoning from the current Special Use (SU) to Planned Development Business 2 (PD-B2) two stage to allow for a proposed jewelry store to be located at the subject property, subject to: 1) comments made for the second stage application.
Motion seconded by Mr. Rogers.
VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.
Case Z-677 approved with modification.
CASE Z-675 - Washington Township Board of Trustees, 8200 McEwen Road
Request is for text amendments to Article 9 of the Washington Township Zoning Resolution.
Greg DeLong , Senior Planner, presented the case.
Mr. Drain – Questioned why the setbacks are being changed.
Mr. DeLong – To be consistent with the other office districts.
Citizens voicing concerns, questions and comments included: None.
Public hearing closed.
Commission remarks, concerns and comments included: None.
MOTION - Mrs. Zobrist moved in Case Z-675 to approve applicant’s request for text amendments to Article 9 of the Washington Township Zoning Resolution.
Motion seconded by Mr. Rogers.
VOTE - Mr. Rogers, yes; Mr. Drain, yes; Mrs. Zobrist, yes; Mr. Anderson, yes.
Case Z-675 approved as submitted.
In other business:
Mr. DeLong discussed the July agenda.
Meeting adjourned at 8:35 p.m.. A tape recording of this proceeding is on file in the Zoning Office.
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Harry Drain, Chairman
Washington Township Zoning Commission