VILLAGE OF EVENDALE
PLANNING COMMISSION
SPECIAL JOINT MEETING with the ZONING BOARD of APPEALS
MINUTES
May 19, 2009
EVENDALE MUNICIPAL BUILDING
The regular May meeting of the Evendale Planning Commission (EPC) was called to order by Chairperson Dick Shaffer at 6 PM on May 19, 2009. Attending were EPC members Doug Lohmeier (Council Representative), Dick Shaffer, Susan VanAmerongen, Rob Adams and Dan Frank. Supporting the EPC were Tim Burke (Solicitor) James Jeffers (Village Engineer), Jack Cameron, Pam Morin, Kathy Farro, James Dobrozsi (Architectural Review Board Member) and Ralph Terbrueggen (Architectural Review Board Member). Attending for the Zoning Board of Appeals (ZBA) were Dave Harwood, Lynn McCarthy, Mike Reed, and Tom Lippert.
Joint Public Hearing:
1. Arcadia Towers, LLC, 10209 Plainfield Road, Rest Haven Memorial Park - Amended Wireless Communications Facility Application
Comments:
Lynn Nordstrom; Blue Ash commented on the aesthetics of the amended plan especially on the chain link fence and would like to see the support structure resemble the existing architecture of the mausoleums.
Chris Patterson, Fawn Run commented that this is the kind of solution the ‘we’ were looking for. Arcadia/Rest Haven have done a nice job. Chris agreed with Lynn Nordstrom on the aesthetics issue and he believes Evendale shall honor ‘our’ word by approving the new location.
The public meeting was closed at 6:35.
Zoning Board of Appeals - Old Business:
1. Arcadia Towers, LLC, 10209 Plainfield Road, Rest Haven Memorial Park - Wireless Communications Facility: Permission for location of a wireless communications facility on lot with nonconforming use per §1263.09
A motion was made by Mike Reed and seconded by Lynn McCarthy to make Dave Harwood acting chairman for the night and to table everything except the Arcadia Towers request.
Tim Burke recommended to the ZBA to make a motion about the Arcadia Towers request and the non-conforming use of the site. Tim recommended that there are currently 3 lawsuits against the village and that the ZBA can go into an executive session.
The motion passed by a 3 yes 0 no vote. (Tom Lippert was not present at the time)
Planning Commission - Old Business:
1. Arcadia Towers, LLC, 10209 Plainfield Road, Rest Haven Memorial Park - Wireless Communications Facility: Review of Proposal per requirements of Chapter 1263.
Joe Trauth, representing Arcadia and Rest Haven gave an update on the history. The previous application was denied by both the EPC and ZBA; Arcadia went back to Rest Haven and took advice from the residences, EPC and ZBA to relocate the pole. It was moved approximately 2200’+/- to the entrance of Rest Haven as per plans dated 04/15/2009. The pole will now become a flagpole which will be lit. The support structure will be to the Right of the entrance. Mr. Trauth explained what drawings are part of the appeals to the Federal and Hamilton County Courts. Arcadia agreed to a 60 day ‘stay’ to work out the differences between the Village of Evendale and the applicant. Mr. Trauth is asking the ZBA to approve the new plans based on non-conforming use and he is asking the EPC to approve the
new plans based on the setback issue.
Dick Shaffer addressed the issue that the pole is now located 65’ higher due to the ground elevation from the previous location and that the pole is still 150’and the lowest co-locator will still be at 110’. The reason the pole was kept at this height was due to relocating it approximately 2200’+/- and it is further away from the ‘need’ area. Dick reiterated that the EPC still has not received information on ‘Crickets’ needs, and the EPC has not seen lost coverage or dropped coverage as demonstrated by some Evendale home owners.
Rob Adams commented that the EPC was previously told that the original location was the ‘only’ location that would work.
Per zoning code 1266.04 this has already too many accessory buildings for a residential zone.
Sam Johnson, Arcadia explained that the sizes of each support structure are different due to the standards of each company and that the compound will be 40’ x 60’. Mr. Johnson mentioned that 2 support structures would be built within the compound immediately and the other 3 would be built at a later date.
The 40’ x 60’ compound meets the right-of-way setback for Plainfield Road.
James Jeffers inquired about how the support structures are placed. Some support structures are pad mounted, some are in an enclosed building as this depends on the user. Crickets is on a platform; Cincinnati Bell is on a concrete pad; Verizon is a 15’x25’ building/pre-fab shelter which could be up to 9’ high; T-mobile uses an outdoor cabinet; but most are about 6’ in height.
The fence is to be 8’ high but per code 1266.11 a (1) No chain link fence shall be erected; therefore there is a code issue about the height and style of the fence. Rest Haven would use simulated wrought iron to match their existing fence.
Arcadia proposed a wall to match the mausoleum but Rest Haven declined.
Arcadia in unsure if other co-locators’ support structures could change in size.
Construction would start as soon as possible and all current lawsuits would be dropped if approved.
Arcadia is still in need of FAA approval to build tower at the new proposed site and that there would not be a red flashing light on top of the flag pole.
A roll call was made by the ZBA to go into executive session with the 3 present members agreeing. Mike Lippert was not present at the time.
Ralph Terbrueggen requested that the wall material around the pole be a stone veneer and not a stamped concrete wall.
James Jeffers requested that we get in writing/drawing format exactly what they are proposing to use and that there should not be any prefabricated walls. He also recommends a solid screen around the support structure and that there should be a height limit of 6’ for pad mounted equipment. Mr. Jeffers also mentioned that no gates should be visible from Plainfield Road and that a solid wall is much more aesthetically pleasing.
It is the intent of Arcadia that the lowest 3 co-locations can be utilized since the pole is 2200+/- further away than in the previous plan.
Vehicular access would be once a month and the service technician would park in the Rest Haven parking lot in order to monitor and service the support structure.
Tom Lippert from the ZBA arrived at 7:25pm.
Cheryl Popp, Blue Ash Airport, requests that there be no hazardous-air up lights and would like to see a light on top of the flagpole. The airport itself is not against this location and it is recommended that a red flashing light be placed on top of the flag pole but it is not required for safety. It is the intention of Arcadia not to place a red flashing light on top of the flag pole.
ZBA adjourned from executive session. Mike Reed made a motion and was seconded by Lynn McCarthy that the ZBA pursuant to section 1263.09 (a) approves the monopole application conditioned upon the construction conforming to the plans as modified by this resolution and any condition imposed by the EPC.
The motion passed by a 3 yes 0 no vote. Tom Lippert abstained from voting.
A roll call was made by the EPC to go into executive session with the 5 members agreeing.
Further the ZBA approves screening the equipment compound with a fence or other structure which may be up to 8’ tall and is not required to have an open face area of not less than 70 percent as stated in section 1266.11 (a) (1) and landscaping all of which shall be subject to approval by the Planning Commission’s Architectural Review Board.
The motion passed by a 3 yes 0 no vote. Tom Lippert abstained from voting.
EPC adjourned from executive session. Dick Shaffer made a motion and seconded by Dan Frank that the EPC approves the plans with the following conditions:
• FAA approval of the location, height and lighting of the tower.
• The wall surround of the tower shall match the masonry material and construction of the entry pillars.
• The equipment compound shall be screened with a fence or wall and landscaping as agreed to by applicant and property owner which shall be subject to the approval of the Planning Commission’s Architectural Review Board.
The motion passed by a 5 yes 0 no vote.
A motion was made by Mike Reed and seconded by Lynn McCarthy for the ZBA to adjourn.
The motion passed by a 4 yes to 0 no vote.
Old Business:
There was no Old Business to discuss.
Internal Business:
1. Report from Village Engineer
James Jeffers updated the EPC on the status of the intersection of Glendale Milford and Reading Road; that there area 3 items left on the wiring of the cabinet. Sharondale area road improvements are on-going. Park Hills work is scheduled to begin between June 15th and 22nd.
2. Approval of Minutes - April 21, 2009
A motion was made by Susan van Amerongen and seconded by Rob Adams to approve the EPC minutes from April 21, 2009.
The motion passed by a 5 yes 0 no vote
On a motion to adjourn the meeting by Susan VanAmerongen and seconded by Rob Adams, the meeting was adjourned at 8:25 PM by a 5 yes 0 no vote.
The next regular meeting is scheduled for June 9, 2009 at 6:00 PM.
Dick Shaffer
Chairperson, Evendale Planning Commission
Attest: Dan Frank
Secretary, Evendale Planning Commission
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