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Planning Commission Minutes 09/20/05
VILLAGE OF EVENDALE
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 20, 2005
EVENDALE MUNICIPAL BUILDING

The regular September Evendale Planning Commission (EPC) meeting was called to order by Chairperson Jim Guthrie at 6 PM on September 20, 2005 with the following members present:

Chairperson Jim Guthrie
Secretary Dick Shaffer
Susan VanAmerongen
Michael Schwartzman
Chris Schaefer, Council Representative

Village Staff present were Pam Morin, Clerk for the Bldg. Dept. and James Jeffers, Village Engineer. Assisting the EPC were Ralph Terbrueggen, Architectural Review Board, and Cathy Farro, Manley Burke.

NEW BUSINESS

1)      Cingular Wireless, 10475 Reading Road ( Jewish Hospital Building )

Tim Sturm from Burgess and Niple, representing Cingular, reviewed the proposed accessory building supporting their wireless facility. The building is 12 ft. wide, 20 ft. long, and 10 ft. high and is proposed to be located at the rear of the hospital facility. The footprint of the accessory building represents about 1/100th of the first floor of the hospital facility. The proposed building will have a textured, dark brown granite look and will be screened from the rear entrance to the hospital by 4 columnar arbor vitae of 3-4 ft. height. The building will be located on a leased parcel of 35 ft. by 22 ft. and be 10.5 ft. from the nearest façade of the 1st floor of the hospital. After discussion the EPC approved the accessory building subject to two conditions being met. The color of the building shall not conflict, but be complementary to that of the main building to the satisfaction of the Village Engineer and the screening shall be 3 evergreens of 8 ft. in height instead of arbor vitae. The accessory building plans were approved by a unanimous vote of the EPC.

2)      United Rentals, Inc., 2521 Glendale Milford Road

The Applicant was before the EPC requesting approval for similar use of the United Rentals, Inc. which primarily rents heavy construction equipment to contractors, but does up to 20% of their business in equipment sales.

Tom Breidenstein from Barrett and Weber, acting as attorney for United Rentals, recounted the history of the status of this property before various Village entities. Their request for a variance to the Zoning Board of Appeals was approved at their July 12, 2005 meeting. The Applicant’s request for conditional use approval at the EPC meeting the same date was deferred until the next EPC meeting to give time to gather material from a detailed site plan, read the ZBA reasons and stipulations for granting the variance, obtain clarification of the criteria for conditional use permits in our Zoning Code, and obtain more details of the amount and size of the outdoor storage of equipment. Subsequent to the ZBA’s and EPC’s decisions, the Mayor appealed the ZBA variance approval on the grounds of procedural grounds. United, at this point, requested that their appeal to Council be tabled so that United Rental’s could request approval from the EPC for a similar use ruling at the next meeting ( September 20, 2005 ).

Andy Kosko explained that United targets the businesses of Formica, GE, and Ford which is an advantage for this location. He also stated that their Springdale facility rented larger equipment than contemplated at this location. It was expected that the business would employ 10 employees initially with potential growth to 25 or so in future years. United stated that their lease would be for a maximum of five years due to future plans for the property by the owner.

Lee Ward reviewed the acceptance of various municipalities with this type of business with their Zoning Codes. Hamilton County, Butler County, and others permit this type of business in their Codes.

The Village Engineer, when asked, stated that this property is located 5-7 ft. below the current 100 yr. flood plain and that any addition to the building would have to comply with the requirement to be a least 1 ft. above the flood plain. The Applicant stated that the plans do not call for any additions to the building and that changes would be limited to inside the current facility and cosmetic changes to the outside.

It was United’s contention that their use of this site met all four standards for similar use interpretations contained in the Zoning Code Section 1280.05. It was brought to the attention of the Applicant by the EPC that 1280.05 (a) was, in fact, the case where use is permitted in the HC Section 1248.08 (a) (13) Permissible Uses. The Applicant respectfully disagreed with that interpretation. A motion to recommend to Council that the request for a similar use permit for United Rentals be denied was made by Chris Schaefer and seconded by Dick Shaffer. After some discussion the motion to Council recommending to deny was approved by a 4 to 1 vote with member VanAmerongen voting no.

INTERNAL BUSINESS

1)      Discussion of potential Zoning Code amendment to Section 1248.08. There is conflicting language in the HC District 1248.08 (b) (4) and the preferred (b) (9) regarding automotive gas stations and garages. It was agreed that there would have to be a public hearing on this matter as well as the subject of placing heavy commercial rental equipment in the ITC District. Both were unanimously voted to recommend to Council that these two recommendations be addressed. Cathy Farro will draw up language to amend the Zoning Code for Council to consider.

2)    Michael Schwartzman gave a brief summary of the most recent CIC meeting regarding potential business   
       expansions and relocations. It was decided that member Shaffer represent the EPC for the next two Tuesday
       meetings where Council will interview candidates for the Branding Initiative and Traffic Access studies.

3)    The minutes from the August 9, 2005 meeting were approved as amended (Mr. Jeffers was not present,      
        whereas Mr. Terbrueggen was present) by a 5 to zero vote.

On a motion by Mr. Schaefer with a second from Mr. Guthrie the meeting was adjourned at 8 PM by a 5 to zero vote.

Jim Guthrie
Chairperson, Evendale Planning Commission

Attest:

Dick Shaffer
Secretary, Evendale Planning Commission