VILLAGE OF EVENDALE
PLANNING COMMISSION MEETING MINUTES
March 20, 2012
EVENDALE MUNICIPAL BUILDING
The regularly scheduled meeting of the Evendale Planning Commission (EPC) was called to order by EPC Chairman (Council Representative) Doug Lohmeier at 6:00 PM on February 21, 2012. Attending were EPC members Natasha Cavanaugh, Chris Patterson, and provisional member Mark Ferguson. Supporting the EPC were Jack Cameron (Assistant to the Mayor), James Jeffers (Village Engineer), Pam Morin (Building Department Clerk), James Dobrozsi (Architectural Review Board Member), Ralph Terbrueggen (Architectural Review Board Member), and Kathy Farro (Legal advisor to EPC).
New Business:
1. Dave and Debbie Dourson, 9703 Otterbein Road, Review of Residential lot split
The Doursons daughter owns the property and would like to subdivide the lot into two completely separate residential lots. Site plans show a 20’ ingress / egress easement through the middle of the property to a site located directly behind the current structure. There will also be an addition to the rear of the current structure that will be completed in conjunction with the proposed lot split. There were multiple issues raised from panhandle lots, drainage, erosion, site planning and neighborhood feedback, specifically adjoining neighbors. One neighbor Rick Herzog spoke. Mr. Herzog does not mind an additional structure being placed on the property but would like drainage issues solved as existing trees preserved. On a motion by Mr. Patterson, seconded by Ms. Cavanaugh the application was tabled for 30 while staff investigates certain
requirements and adjoining neighbors are contacted.
2. Village of Evendale, Consideration of a text amendment to the Village of Evendale Zoning Code section 1272.04(f,) establishing penalties for violations of the Zoning Code
A number of issues were discussed including the choice between a fine schedule and the penalties of minor misdemeanors, the ability of the Village to delay applications until fines are paid, and the impact of fines on violators. Kathy Farro and Pam Morin told PC that the Prohibitions section had been in place for some time but the enforcement mechanism was purposely left out of the last revision of the Zoning Code. A motion was made by Ms. Cavanaugh, seconded by Mr. Patterson to recommend the amendment as presented without modification. The motion passed 3-0.
Old Business:
1. Chris Patterson continued to present the recommended draft amendments from the ZCoWG.
a. Review of previous sections.
i. The PUD section was reintroduced and described. The aim of the section is to more clearly identify the uses, administrative processes, review criteria and required documentation within individual PUD districts, to more closely align the PUD process with the underlying zoning district and to create an allowable mixed use district which can flexibly address the more diverse and flexible nature of development west of I-75.
ii. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier to recommend the proposed draft amendment dated 2/21/12 for the Planned Unit Development district (PUD.) The motion passed 3-0.
b. Review of new sections
i. Title, Purpose, Applicability, Interpretation and Legal Effect (Chap.1240.) This section ties the new code more closely to the Comprehensive Master Plan. Other than that change language and intent are identical to the current Zoning Code.
ii. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier, to recommend the proposed draft amendment for Title, Purpose, Applicability, Interpretation and Legal Effect (Chap. 1240) dated 3/20/12. The motion passed 3-0.
iii. Administrative and Decision Making Bodies and Officials (Chap. 1270.) The major changes in this chapter were to align the option of Planning Commission to hear sworn testimony with BZA’s requirement that testimony be sworn, to abolish the Sign Variance committee and to replace the Architectural Review Board with staff recommendation as is now done. Jack Cameron informed PC that while the Sign Variance committee meets infrequently they consider themselves a buffer for applicants against a process that is driven by more determinative criteria. Other issues were raised as to whether this “buffering” could be provided for in other ways while streamlining the process.
iv. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier, to hold this section for 30 days pending review by staff on how to amend sign variance criteria. The motion passed 3-0.
v. The Applications (Chap. 1270) section was reviewed. The only change in this section was the modification that an applicant will have only 90 days to remedy a deficient application rather than the current 180 days.
vi. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier, to recommend the proposed draft amendment for Applications (Chap. 1270) dated 3/20/12. The motion passed 3-0.
vii. The Public Hearings (Chap. 1278) section was reviewed. There were no changes to the chapter, public notice was discussed however in light of the residential lot split earlier in the meeting. Staff will look at the current subdivision regulations (Chap. 1222) to possibly modify the public notification section for residential lot splits.
viii. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier, to recommend the proposed draft amendment for Public Hearings (Chap. 1278) dated 3/20/12. The motion passed 3-0.
ix. The Similar Use Interpretation (Chap. 1280) section was reviewed. There were no changes in the section.
x. A motion was made by Ms. Cavanaugh, seconded by Mr. Lohmeier, to recommend the proposed draft amendment for Similar Use Interpretation (Chap. 1280) dated 3/20/12. The motion passed 3-0.
2. The meeting minutes from February 21, 2012 were reviewed. A motion was made by Mr. Patterson, seconded by Ms. Cavanaugh to approve the minutes without amendment. The motion passed 3-0.
Adjournment:
On a motion made and seconded, the meeting was adjourned at 7:25 pm on a 3-0 vote.
The next regular meeting is scheduled for Tuesday, April 17, 2012 at 6:00 PM.
Douglas A. Lohmeier
Chairperson, Evendale Planning Commission
Attest: Chris Patterson
Secretary, Evendale Planning Commission
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