VILLAGE OF EVENDALE
PLANNING COMMISSION MEETING MINUTES
November 20, 2008
EVENDALE MUNICIPAL BUILDING
The regular November meeting of the Evendale Planning Commission (EPC) was called to order by Chairperson Dick Shaffer at 6 PM on November 20, 2008. Attending were EPC members Doug Lohmeier (Council Representative), Dick Shaffer, Susan van Amerongen, and Dan Frank. Rob Adams was absent. Supporting the EPC were James Jeffers (Village Engineer), Tim Burke (Solicitor), Kathy Farro (Manley Burke), Jack Cameron, and Pam Morin.
Public Hearing:
1) Arcadia Communications, 10209 Plainfield Road, Rest Haven Memorial Park
Wireless Communications Facility
Mike Behbehani, 3753 Monets Lane – expressed three concerns: 1. Co-location with other cell phone companies is impractical because of the lower placement on the tower. His fear is that this may lead to numerous towers being placed on this property; 2. The effects of the cell tower on property value; 3. The controversy of health issues relating living close to cell towers and electromagnetic fields.
New Business:
1) Evendale Commons Business Park
Preliminary review of office zone proposed tenant
The applicant withdrew their request.
Old Business:
1) Arcadia Communications, 10209 Plainfield Road, Rest Haven Memorial Park
Wireless Communications Facility
Joseph Trauth, representing Arcadia and Rest Haven Memorial Park, wanted it clarified that their submittal is for a communication mono-pole and not a cell tower, suggesting that this type of communication mono-pole is less intrusive than a tower.
Mr. Trauth has had discussions with Tim Burke and Jack Cameron regarding the question of a non-conforming use of the outdoor storage of burial vaults in conflict of Section 1263.09 of the Village of Evendale Zoning Code. He stated that the state law allows cemeteries the right to store burial vaults and argued that the storage of burial vaults is a principle permitted use for a cemetery under this law.
Sam Johnson, Arcadia, stated that their FAA consultant supplied data to the FAA showing that there were a number of registered obstacles providing greater impact to the flight paths at the Blue Ash airport than the proposed 150 foot mono-pole. The FAA issued a correction to their original denial.
Mr. Johnson described the proposed 150 square foot compound surrounding the mono-pole site. The base of the mono-pole is 275 feet from the nearest resident. Arcadia’s engineer stated that even if by the minuscule chance that the mono-pole did fall from the base, it would still be 125 feet from the nearest structure. It is buffered by a natural wooded area to the west. Rest Have has no intention at this time to remove any existing trees. Arcadia would install a shadow box fence around the compound with evergreens around the fence. The antennas will be interior mounted.
Kathy Farro questioned Mr. Johnson about the placement of the tower. She pointed out that Rest Haven has two adjoining parcels with a width of 1250 feet and the tower could be placed within the 600 foot required setback. Mr. Johnson argued that each parcel should be viewed separately.
It is Tim Burke’s opinion, that since Rob Adams was unable to attend this meeting and had not heard tonight’s entire discussion, unless the applicant waives it, Rob should not vote on this issue at any time.
Planning Commission had extensive discussion with representatives of the applicant and tower users. The applicant requested that the Planning Commission approve the application subject to the need to obtain permission of the Zoning Board of Appeals.
Upon motion made by Susan van Amerongen and seconded by Dan Frank, the Planning Commission declined to do that. Planning Commission expressed its position that given that the Evendale Building Commissioner has ruled that the outside storage of burial vaults on the Rest Haven property is a legal nonconforming use, the permission of the Board of Zoning Appeals (Section 1263.09(a)) is necessary before the tower may be constructed. The Planning Commission believes it is appropriate for the Zoning Board of Appeals to rule on its approval of the application before the Planning Commission issues its final decision. The motion passed with a vote of 4 yes, 0 no.
Upon motion made by Doug Lohmeier and seconded by Susan van Amerongen, it is the view of the Planning Commission that the intent of Section 1263.04(c) is that a cell tower be set back a minimum of 500 feet and an additional two feet for each foot the tower exceeds 100 feet in height from any property line of property on which a residential use is taking place. The proposed tower, therefore, would be required to be set back more than 600 feet from the adjacent property lines of lots containing residential homes. The motion passed with a vote of 4 yes, 0 no.
Internal Business:
1) Village Engineer Report
James Jeffers gave an update on the road work at the intersection of Glendale-Milford and Reading Roads.
2) Approval of the Minutes of October 16, 2008
A motion was made by Doug Lohmeier and seconded by Susan van Amerongen to approve the EPC minutes from October 16, 2008.
The motion passed by a 4 yes 0 no vote.
A motion to adjoin the meeting by Dick Shaffer and seconded by Doug Lohmeier, the meeting was adjourned at 8:15 PM by a 4 yes to 0 no vote.
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Dick Shaffer
Chairperson, Evendale Planning Commission
Attest:
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Dick Shaffer
Acting Secretary, Evendale Planning Commission
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