MINUTES OF MEETING - The Village of Indian Hill
MINUTES OF MEETING - The Village of Indian Hill
MINUTES OF MEETING - The Village of Indian Hill
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<strong>MINUTES</strong> <strong>OF</strong> <strong>MEETING</strong><br />
INDIAN HILL PLANNING COMMISSION<br />
MAY 15, 2007<br />
<strong>The</strong> regular meeting <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Planning Commission was held on Tuesday, May<br />
15, 2007 at 7:30 p.m. in the Council Chambers <strong>of</strong> the <strong>Village</strong> Administration building.<br />
Members Present:<br />
Members Absent:<br />
Officials Present:<br />
Visitors Present:<br />
Paul F. Madden<br />
Jane G. Koppenhoefer<br />
Charles E. Reynolds<br />
David T. Ottenjohn<br />
Richard C. Wiggers<br />
Michael W. Burns, City Manager<br />
David M. Couch, Assistant City Manager<br />
George C. Kipp, <strong>Village</strong> Project Manager<br />
John Lanier, Hannibal Development Company<br />
Addison Lanier, Hannibal Development Company<br />
Michael McInturf, Michael McInturf Architects<br />
T.J. Ackermann, 6670 Wyman Lane<br />
Lee Nordloh, Nordloh & Associates<br />
John & Ann Kean, 6415 Miami Road<br />
David Rhodenbaugh, 6385 Miami Road<br />
James Schloemer, 8075 Remington Road<br />
Scott & Emily Blackwelder, 6325 Miami Road<br />
Doug & Susan Grosse, 7595 Shawnee Run Road<br />
Ron Roberts, Roberts Engineering<br />
Frank & Connie Woolard, 6240 Shawnee Run Road<br />
Stephen Smith, Stephen Smith Associates<br />
Steve & Sarah Steinman, 8905 Shawnee Run Road<br />
Craig & Marcia Standen, 6280 Shawnee Pines Drive<br />
Troy Blackburn, 5155 Stonebarn Road<br />
Sourushe Zandrakili, 7950 <strong>Indian</strong> <strong>Hill</strong> Road<br />
Chairman Madden called the meeting to order and asked for comments or corrections<br />
to the April 17, 2007 Planning Commission minutes. <strong>The</strong>re being none, Mr. Ottenjohn<br />
made a motion to approve the minutes. Mrs. Koppenhoefer seconded, and the minutes<br />
were approved by a unanimous voice vote.<br />
Item Number 1: <strong>The</strong> Hannibal Development Company is requesting approval for the<br />
consolidation <strong>of</strong> the Conceptual and Preliminary Plans for Phase 2A <strong>of</strong> the Twin Fences<br />
at Peterloon Subdivision.
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 2<br />
Mr. Madden asks for anyone planning to speak on behalf <strong>of</strong> this case, to please stand,<br />
raise their right hand, and be sworn in prior to speaking.<br />
Mr. Ron Roberts, with Roberts Engineering, comes before the Commission on behalf <strong>of</strong><br />
Hannibal Development. Mr. Roberts states that most <strong>of</strong> Phase 1 has been developed.<br />
<strong>The</strong>y are here to receive approval <strong>of</strong> the Conceptual and Preliminary Plans for Phase<br />
2A. Phase 2B, which will be located at the north end <strong>of</strong> the cul-de-sac, will follow in the<br />
future.<br />
Mr. Roberts comments that there is one lot in District “A” and eight lots in District “B” in<br />
Phase 2A. <strong>The</strong>re have been only minor adjustments that have been made to this plan<br />
from the originally approved Concept Plan.<br />
Staff Report: Mr. Couch notes the previous actions that have been taken by the<br />
Planning Commission related to Phase I <strong>of</strong> Twin Fences at Peterloon Subdivision as<br />
follows:<br />
• <strong>The</strong> Concept Plan <strong>of</strong> Phase I was approved on November 18, 2003.<br />
• <strong>The</strong> Preliminary Plan was approved on February 26, 2004.<br />
• <strong>The</strong> Final Subdivision Plat <strong>of</strong> Phase I was approved on July 20, 2005.<br />
<strong>The</strong> applicant is requesting a consolidated approval <strong>of</strong> the Concept Plan/Preliminary<br />
Plan approval for Phase 2A <strong>of</strong> the Twin Fences at Peterloon Subdivision. Phase 2A has<br />
a gross area <strong>of</strong> 26.46 acres and includes nine (9) building lots with eight (8) lots to be<br />
located in District “B”, and one (1) lot to be located in District “A”.<br />
<strong>The</strong>re are only a few minor revisions to the original Concept Plan that was approved in<br />
2003, which include lots #38, #35, #37, and #39. A revision to lot #38 allows for an<br />
additional 1.5 acres to be added to the original Concept Plan. Lots #35, #37, and #39<br />
have been revised to relocate resource protected areas as part <strong>of</strong> storm water<br />
detention.<br />
<strong>The</strong> proposed public road (Stirrup Cup Drive) will provide access to all nine lots, with<br />
lots #34 and #38 being served by forty (40) foot ingress/egress easements. Seven <strong>of</strong><br />
the nine lots will front Stirrup Cup Drive, with lots #34 and #38 being rear lots with no<br />
frontage.<br />
Stirrup Cup Drive will extend from Larking Drive, in a direction <strong>of</strong> north to south. <strong>The</strong><br />
length <strong>of</strong> the proposed public road will be approximately 1,050' with a pavement width <strong>of</strong><br />
20' and a public right <strong>of</strong> way <strong>of</strong> 50'. <strong>The</strong> terminus for Stirrup Cup Drive is a “T”<br />
turnaround design in preparation for the future extension <strong>of</strong> the road. Our police and fire<br />
have reviewed the temporary terminus and find it acceptable.
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 3<br />
In following the specific procedures <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Subdivision Ordinance regarding<br />
Conceptual/Preliminary Plan requirements, the following submissions have been<br />
submitted and reviewed:<br />
Ohio Environmental Protection Agency – Approved original Concept Plan stating that<br />
a centralized sewage collection is feasible and practical, and the fifty-four (54) sewer<br />
credits are available for development use.<br />
Metropolitan Sewer District – Submitted letter stating that a gravity sanitary sewer is<br />
approved for the proposed nine (9) lots <strong>of</strong> Phase 2A.<br />
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong> Health Department – Agree with the proposed sanitary sewer<br />
design.<br />
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong> Police and Fire Departments – Both departments have<br />
reviewed the plans and approve the designs. However, the Fire Department requests<br />
that the water main be looped starting at Perin Road, Phase I, to the proposed water<br />
main for Phase 2A.<br />
<strong>Indian</strong> <strong>Hill</strong> Water Works – <strong>The</strong> proposed water main for Phase 2A shall be looped from<br />
Perin Road, Phase I, (Cincinnati Water Works) to Phase 2A, Stirrup Cup Drive, meeting<br />
the <strong>Indian</strong> <strong>Hill</strong> Water Works standards for installation.<br />
Traffic Engineering and Study – Previously approved during Phase I at the November<br />
18, 2003 meeting.<br />
Storm Water Review – A proposed detention basin is shown on lot #35. An existing<br />
detention basin is located on lot #32 and was approved during Phase I.<br />
In review <strong>of</strong> the storm water report, it calls for a retaining wall to be constructed along<br />
the right <strong>of</strong> way <strong>of</strong> Stirrup Cup Lane as part <strong>of</strong> the detention basin labeled “detention<br />
basin #3”. Staff requested that the developer relocate the structure outside the<br />
resource protected area. <strong>The</strong> developer has done so.<br />
Utility Easements – <strong>The</strong> plan calls for a 5' wide utility easement located just outside the<br />
right <strong>of</strong> way on the east side <strong>of</strong> Stirrup Cup Drive. <strong>The</strong>re’s also a 20' wide sanitary<br />
sewer utility easement located along the west side <strong>of</strong> Stirrup Cup Drive, connecting to<br />
an existing 8" sanitary sewer that is located along the side lot lines on lots #31, #32, and<br />
#34.<br />
Green Areas and Bridle Trail Easements – <strong>The</strong>re are no green area gifts proposed<br />
for Phase 2A. <strong>The</strong>re is a bridle trail easement shown along the side lot lines <strong>of</strong> lots #34<br />
and #32 crossing Stirrup Cup Drive. Originally the easement traveled across the fronts
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 4<br />
and sides <strong>of</strong> lots #36 and #37. It has been since revised and shown along the sides<br />
and rear <strong>of</strong> lots #36 and #37.<br />
<strong>The</strong> Green Area Advisory Committee visited the site and request that an effort be made<br />
to save a few climax trees (trees that are 150 years old). Otherwise, the committee was<br />
very pleased with the overall layout.<br />
Natural Resource Protection Analysis – <strong>The</strong> following natural resource protection<br />
analysis calculations are complete and have been verified.<br />
• Kope Formation and Flood Plain 0.00 acres<br />
• Slopes 20% or Greater 3.10 acres<br />
• Mature Canopy Forest 0.98 acres<br />
• Young Canopy Forest 7.58 acres<br />
Engineer’s Review – <strong>The</strong> engineer’s report includes the following areas <strong>of</strong> review.<br />
‣ Lot area and layout<br />
‣ Roadway and design<br />
‣ Storm water calculations and design<br />
‣ Utilities – Water main and sewer<br />
‣ Grading plan<br />
‣ Verification <strong>of</strong> Natural Resource Protection Standards<br />
‣ Subdivision fee schedule<br />
<strong>The</strong> <strong>Village</strong> Engineer finds the Concept/Preliminary plans to be acceptable.<br />
Subdivision Review Fee – Mr. Couch notes that the <strong>Village</strong>’s subdivision review fee,<br />
per Section 5.7 <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Subdivision Ordinance is $3,350.00.<br />
Mr. Couch concludes by stating that Staff has properly notified neighbors. Staff finds<br />
that the consolidation <strong>of</strong> the Concept/Preliminary Plan meets the requirements <strong>of</strong> the<br />
<strong>Indian</strong> <strong>Hill</strong> Subdivision Ordinance and recommends approval.<br />
Mrs. Koppenhoefer questions how long the Commission should allow the “T” turnaround<br />
at Stirrup Cup Drive.<br />
Mr. Burns comments that the Commission may want to put a condition on the Final Plat<br />
approval concerning the length <strong>of</strong> time that the end <strong>of</strong> the drive can remain a “T”<br />
turnaround. He suggests that a term <strong>of</strong> fives years may be appropriate. Mr. Burns<br />
mentions that the <strong>Village</strong> has had “T” turnarounds for periods <strong>of</strong> four to five years.
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 5<br />
Mrs. Koppenhoefer made a motion to approve the consolidation <strong>of</strong> the Conceptual and<br />
Preliminary Plans for Phase 2A <strong>of</strong> the Twin Fences at Peterloon Subdivision. Mr.<br />
Reynolds seconded, and the motion was approved by a unanimous voice vote.<br />
Mrs. Koppenhoefer recused herself from the following case involving the <strong>Indian</strong> <strong>Hill</strong><br />
Swim Club.<br />
Item Number 2: <strong>The</strong> <strong>Indian</strong> <strong>Hill</strong> Swim Club, at 7585 Shawnee Run Road, is requesting<br />
special exception approval under the Continuing Jurisdiction <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Planning<br />
Commission to replace the existing swimming pools and primary building.<br />
Mr. Madden asks for anyone planning to speak on behalf <strong>of</strong> this case, to please stand,<br />
raise their right hand, and be sworn in prior to speaking.<br />
A model <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Swim Club is moved to the table before the Commission.<br />
Mr. T.J. Ackermann, residing at 6670 Wyman Lane, comes before the Commission on<br />
behalf <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Swim Club. Mr. Ackermann states that he is a six year member<br />
<strong>of</strong> the club and is on his second term as president.<br />
Mr. Ackermann states that the club has been in existence since 1957. <strong>The</strong>y currently<br />
have two pools and three accessory structures on the site. <strong>The</strong> club has a total <strong>of</strong> 376<br />
full time family members, 11 senior members, and 8 single members.<br />
<strong>The</strong> club has been looking at options for rebuilding the entire structure due to<br />
deteriorating conditions <strong>of</strong> both pools and the buildings. After through review, the club<br />
has come to the conclusion that the current placement <strong>of</strong> the pools and the tennis<br />
courts utilize the site in a fashion that is best for the members and surrounding<br />
neighbors.<br />
Mr. Ackermann announces that the club has hired Mr. Michael McInturf, with Michael<br />
McInturf Architects, and Mr. Ron Roberts, with Roberts Engineering, to assist them with<br />
this project.<br />
Mr. Michael McInturf, with Michael McInturf Architects, residing at 5905 Sentinel Ridge<br />
Lane, comes before the Commission and comments that they have studied several<br />
different schemes and have decided that the best option is a complete replacement <strong>of</strong><br />
the existing pools and buildings.<br />
Mr. McInturf refers to the model <strong>of</strong> the property and states that the club has 11.6 acres.<br />
<strong>The</strong> proposal is to remove all <strong>of</strong> the buildings as they exist separately on the structure<br />
and replace them with one singular structure. In addition, two tennis courts are to be
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 6<br />
removed and replaced with a play field and detention area. <strong>The</strong> other two tennis courts<br />
will remain where they are currently located.<br />
<strong>The</strong> club currently has a competition pool, recreation pool, and a wading pool. <strong>The</strong><br />
lower competition pool has an adjacent shower/bathroom facility and the main bathroom<br />
facility is located up in the concession building with the dining area. <strong>The</strong> new plans<br />
show the lower bathrooms being tucked under the building.<br />
<strong>The</strong> next floor includes the main entrance, check in desk, administration, a<br />
meeting/storage room and the concession area. On the south side <strong>of</strong> the site there will<br />
be an outdoor dining terrace. <strong>The</strong>re will be restroom facilities and additional storage<br />
area on the west side <strong>of</strong> the building.<br />
Mr. McInturf states that all <strong>of</strong> the parking area remains the same. <strong>The</strong>re will be an<br />
additional graveled area for some staff parking.<br />
<strong>The</strong> club originally wanted to push the wading pool closer to the west property line.<br />
<strong>Village</strong> Staff has expressed concern over this and has encouraged the club not to allow<br />
the pool to impede more than 50' from the corner. <strong>The</strong> club has made this adjustment<br />
to resolve this matter.<br />
Mr. McInturf notes that the club has met with a number <strong>of</strong> neighbors in an effort to listen<br />
to their concerns and resolve any issues.<br />
Mr. McInturf explains that much <strong>of</strong> the undergrowth by the wading pool will remain as a<br />
buffer to the neighbors. However, a retaining wall will be needed that will also function<br />
as a guard rail/fence for the pool itself. Water run<strong>of</strong>f will be directed down to the<br />
detention basin.<br />
Staff Report: Mr. Couch states that the <strong>Indian</strong> <strong>Hill</strong> Swim Club, located at 7585<br />
Shawnee Run Road, is requesting special exception approval under the Continuing<br />
Jurisdiction <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Planning Commission to replace the existing swimming<br />
pools and primary building in the same location.<br />
<strong>The</strong> <strong>Indian</strong> <strong>Hill</strong> Swim Club has been in existence and operated as an approved special<br />
exception since 1957. <strong>The</strong> Planning Commission is required to review and authorize<br />
special exception applications before the issuance <strong>of</strong> a site clearance per Section<br />
101.48 Continuing Jurisdiction <strong>of</strong> Planning Commission; Reconsideration and<br />
Revocation <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Zoning Ordinance.<br />
<strong>The</strong> <strong>Indian</strong> <strong>Hill</strong> Swim Club is a private membership only non-commercial club. It’s<br />
seasonally operated, opening on Memorial Day through Labor Day each year. <strong>The</strong>ir<br />
normal hours are from 10:00 a.m. to 9:00 p.m. daily. <strong>The</strong>re may be a few events each
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 7<br />
year that will extend beyond normal operating hours. Approximately forty (40) part-time<br />
employees are hired to work at the club during the season.<br />
<strong>The</strong> club is also licensed to operate a swimming pool and a food service under the<br />
jurisdiction <strong>of</strong> the Ohio State Health Department and the Hamilton County Health<br />
Department.<br />
<strong>The</strong> property is located in District “C” – one acre and has a lot area <strong>of</strong> 11.6 acres. <strong>The</strong><br />
property is accessed by a private drive from Shawnee Run Road via Dot Avenue.<br />
<strong>The</strong> applicant is proposing to raze and replace the existing pool house including the<br />
deck and overhang, the member’s pool, the competition pool and deck, wading pool and<br />
deck, basketball court, and the south tennis courts.<br />
<strong>The</strong> existing parking area in the north end <strong>of</strong> the property is to remain. <strong>The</strong> tennis<br />
courts located on the northwest corner <strong>of</strong> the property and the tennis courts located on<br />
the west side <strong>of</strong> the property will also remain. <strong>The</strong>se tennis courts are located in nonconforming<br />
locations, but have been previously approved by the Planning Commission.<br />
Also shown on the site plan are several structures and renovations to the facility<br />
including a new pool house. <strong>The</strong> proposed pool house has approximately 8,350 square<br />
feet and includes an outdoor dining area, outdoor terrace, food service area, meeting<br />
room, reception area, restrooms, and storage area for maintenance and pool<br />
equipment.<br />
<strong>The</strong> proposed general pool is approximately 84' X 65' and is surrounded by a concrete<br />
deck. Mr. Couch reminds the Commission that decks are not subject to setbacks. A<br />
new competition lap pool, shown in the same location as the existing lap pool, is<br />
proposed at approximately 84' X 60' with a concrete deck.<br />
A wading pool is to be located on the northwest side <strong>of</strong> the property. As Mr. McInturf<br />
mentioned earlier, Staff had some discussions with the engineer and architect relative to<br />
where they had originally positioned the pool. It was proposed about 35' <strong>of</strong>f the side lot<br />
line. Staff asked them to move the location <strong>of</strong> the pool back to a minimum <strong>of</strong> 50', which<br />
they did.<br />
Staff was also concerned by the slopes that were created by the wading pool. Some <strong>of</strong><br />
the slopes would have been less than a three to one ratio. However, this problem has<br />
been eliminated by the repositioning <strong>of</strong> the pool.<br />
Staff is also very pleased with the proposal <strong>of</strong> the retaining wall and the drainage being<br />
directed to the proposed detention basin. Mr. Couch comments that this should<br />
eliminate the run<strong>of</strong>f problems.
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 8<br />
Mr. Couch adds that any additional screening through plantings that can be provided in<br />
that area would be encouraged by Staff.<br />
<strong>The</strong> existing driveway from Shawnee Run Road will remain the same until you reach the<br />
area <strong>of</strong> the new building entry. <strong>The</strong> circular entry will change slightly with the addition <strong>of</strong><br />
seven (7) new parking spaces. Within the circular drive is a fire hydrant that both the<br />
fire department and <strong>Indian</strong> <strong>Hill</strong> Water Works are requesting to be replaced with a new<br />
hydrant, meeting the <strong>Indian</strong> <strong>Hill</strong> Water Works specifications. <strong>The</strong>re is an existing 6"<br />
water main serving the facility. Both the fire and water departments feel the existing<br />
main will be sufficient.<br />
An existing sanitary sewer owned by MSD will provide sufficient sewer needs to the<br />
property.<br />
As part <strong>of</strong> the approval <strong>of</strong> the special exception request, per Section 101.431 <strong>of</strong> the<br />
<strong>Indian</strong> <strong>Hill</strong> Zoning Ordinance, the Commission shall not grant a special exception<br />
unless, in each case, it makes written findings <strong>of</strong> fact and conclusions, directly based on<br />
and supported by the particular evidence presented in the application and at the<br />
hearing, that the proposed special exception meets the following twelve (12) standards:<br />
1) <strong>The</strong> establishment, maintenance, or operation <strong>of</strong> the special exception will not<br />
be detrimental to or endanger the public health, safety, convenience, comfort,<br />
morals, or general welfare;<br />
Granting the special exception will improve and enhance the general welfare <strong>of</strong><br />
the <strong>Village</strong> by upgrading the buildings, along with providing compliance to all<br />
current <strong>Indian</strong> <strong>Hill</strong> zoning requirements and Hamilton County’s requirements.<br />
2) <strong>The</strong> special exception is not inconsistent with the <strong>Village</strong>’s adopted Land Use<br />
Objectives and Policies;<br />
Granting this special exception is not inconsistent with the <strong>Village</strong>’s adopted<br />
Land Use Objectives and Policies, but in fact promotes the recreational<br />
enjoyment that the Swim Club provides to the <strong>Indian</strong> <strong>Hill</strong> residents.<br />
3) <strong>The</strong> special exception, either alone or in conjunction with other special<br />
exceptions previously granted or otherwise existing, will not injure, diminish, or<br />
impede the use, enjoyment, or normal and orderly development <strong>of</strong> other<br />
property in the immediate vicinity for uses permitted in the zoning district;<br />
Granting the special exception will not injure, diminish, or impede the use,<br />
enjoyment, or normal and orderly development <strong>of</strong> other property in the<br />
immediate vicinity for uses permitted in the zoning district, but will improve the
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 9<br />
use and enjoyment <strong>of</strong> others. Improvements to the existing facility will promote<br />
a higher level <strong>of</strong> service and maintenance.<br />
4) <strong>The</strong> special exception is consistent with the residential character <strong>of</strong> the<br />
immediate vicinity <strong>of</strong> the parcel proposed for development;<br />
<strong>The</strong> special exception is consistent with the residential character <strong>of</strong> the<br />
immediate vicinity for development, meeting all zoning requirements for<br />
setbacks, buildings, and structures. Swimming pools and tennis courts are also<br />
consistent accessory structures located on <strong>Indian</strong> <strong>Hill</strong> properties for recreational<br />
activities.<br />
5) <strong>The</strong> special exception will not substantially diminish or impair property values<br />
within the neighborhood;<br />
Granting the special exception request will not substantially diminish or impair<br />
property values within the neighborhood, but will protect these values through<br />
structural improvements.<br />
6) Adequate utilities, drainage, wastewater treatment, and/or other facilities<br />
necessary to serve the proposed special exception already exist or will be<br />
provided;<br />
Adequate utilities already exist. Engineered storm water calculations have been<br />
submitted to support the proposed drainage improvements, which include storm<br />
water detention. A new fire hydrant is to be installed, meeting fire code<br />
standards.<br />
7) Adequate access roads, entrance and exit drives, and <strong>of</strong>f-street parking spaces<br />
already exist or will be provided and designed so as to prevent traffic safety<br />
hazards, to minimize traffic conflicts and congestion in the streets, and to<br />
maintain the rural residential character <strong>of</strong> existing roadways in the <strong>Village</strong><br />
without requiring improvements that will increase the capacity <strong>of</strong> existing<br />
roadways or will encourage their use by through-traffic;<br />
Adequate access to the facility already exists, and there will be no traffic<br />
increase or change in the service driveway to the facility. Adequate parking also<br />
exists and an additional seven spaces are included as part <strong>of</strong> the project.<br />
8) <strong>The</strong> special exception will not adversely affect a known archaeological,<br />
historical, or cultural resource;
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong><br />
Minutes <strong>of</strong> Planning Commission Meeting<br />
May 15, 2007<br />
Page 10<br />
<strong>The</strong>re are no known archaeological, historical, or cultural resources on the<br />
property.<br />
9) <strong>The</strong> applicant has represented to the Commission that it has the capacity to<br />
complete, maintain, and operate the special exception as proposed and<br />
approved, and has made or will make adequate legal provision to guarantee the<br />
provision and development <strong>of</strong> any buffers, landscaping, public open spaces, and<br />
other improvements associated with the proposed development;<br />
<strong>The</strong> application and facilities have been in existence since 1957 as an approved<br />
special exception. <strong>The</strong> proposed improvements are needed. <strong>The</strong> project has<br />
been properly engineered, and there are no proposed changes to the existing<br />
easement agreement.<br />
10) <strong>The</strong> special exception shall in all other respects conform to the applicable<br />
regulations <strong>of</strong> the zoning district in which the property is located, except where<br />
the Planning Commission in a particular case grants a variance from the<br />
regulations pursuant to Section 101.5 or, if the regulations are <strong>of</strong> a type that<br />
may not be varied under Section 101.52, where the Council in a particular case<br />
waives or modifies the regulations pursuant to the recommendation <strong>of</strong> the<br />
Commission;<br />
<strong>The</strong> special exception conforms, in all other respects, to the applicable<br />
regulations <strong>of</strong> the zoning district in which the property is located.<br />
11) All exterior lighting fixtures will be designed, directed, or shaded so that no direct<br />
light is cast upon any other property; and all driveways and <strong>of</strong>f-street parking<br />
areas will be designed and screened to minimize the illumination <strong>of</strong> adjacent<br />
residential properties by automobile headlamps;<br />
<strong>The</strong>re are no exterior lighting changes shown or proposed for the project, and<br />
the club is open only during daylight hours. Additional screening and landscape<br />
buffers may be added to prevent any sweeping <strong>of</strong> headlights.<br />
12) All buildings and structures located within twenty-five (25) feet <strong>of</strong> the minimum<br />
front yard, side yard, or rear yard required under Section 63.1 or Section 73.1<br />
will be screened by landscaping <strong>of</strong> a type, nature, and seasonal character that<br />
will ensure the privacy <strong>of</strong> adjacent dwellings and will ensure that the visual<br />
character <strong>of</strong> the use will be compatible with surrounding uses; and all accessory<br />
outdoor storage areas, mechanical equipment, and waste disposal facilities will<br />
be screened from the view <strong>of</strong> adjacent dwellings.
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<strong>The</strong> <strong>Indian</strong> <strong>Hill</strong> Swim Club intends to maintain the existing character <strong>of</strong> the land,<br />
and that no structures or buildings are in conflict with the <strong>Indian</strong> <strong>Hill</strong> Zoning<br />
Ordinance. <strong>The</strong> Commission also finds that granting the special exception is<br />
consistent with the <strong>Indian</strong> <strong>Hill</strong> Zoning Ordinance and the <strong>Indian</strong> <strong>Hill</strong> Land Use<br />
Objectives and Policies, and that the improvement are in the best interest <strong>of</strong> the<br />
<strong>Village</strong> <strong>of</strong> <strong>Indian</strong> <strong>Hill</strong> and their residents.<br />
Staff finds that the special exception request by the <strong>Indian</strong> <strong>Hill</strong> Swim Club meets the<br />
twelve (12) standards for Planning Commission approval, but Staff recommends the<br />
approval be subject to the applicant providing a detail <strong>of</strong> how construction traffic,<br />
including the drive entrance and parking areas are to be maintained during construction.<br />
Staff would also like to receive a time schedule for construction, including starting and<br />
ending dates for this project. This information will need to be provided prior to the start<br />
<strong>of</strong> the project.<br />
Mr. McInturf notes that the project is an eight month project beginning the day after<br />
Labor Day and being completed by Memorial Day.<br />
Mr. Frank Woolard, residing at 6240 Shawnee Run Road, comes before the<br />
Commission on behalf <strong>of</strong> the Shawnee Pines Homeowner’s Association.<br />
Mr. Woolard notes that Mr. Ackermann and Mr. McInturf have taken the Homeowner’s<br />
Association on a tour <strong>of</strong> the area and have kept an open dialogue with the<br />
Homeowner’s Association regarding this project.<br />
<strong>The</strong> Homeowner’s Association’s major concerns involve drainage issues and how their<br />
properties may be affected by the construction and placement <strong>of</strong> the Swim Club. <strong>The</strong><br />
last time the Swim Club renovated the parking lot and courts, the residents <strong>of</strong> two<br />
adjacent dwellings incurred $14,000 - $18,000 in drainage control that they were not<br />
expecting. Mr. Woolard still has concerns but does feel that the Swim Club has<br />
addressed the Association’s drainage concerns.<br />
Mr. Woolard also has concerns about sediment from construction running down the<br />
channel into the Association’s lake, causing the lake to fill in at a much higher rate than<br />
would normally occur.<br />
Mr. Woolard expresses disappointment with the plan to remove three (3) large maple<br />
trees that serve as a backdrop to the Association’s properties. He would like the Swim<br />
Club to review the design to see if there is some way to keep from eliminating these<br />
trees.<br />
Mr. Couch comments that with the run<strong>of</strong>f from the wading pool being directed to the<br />
proposed detention basin, it should eliminate the drainage issues in this area.
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May 15, 2007<br />
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Mr. Couch also mentions that part <strong>of</strong> Hamilton County’s storm water regulations<br />
requirement for construction would be to have a sediment fence around the perimeter <strong>of</strong><br />
the area prior to construction.<br />
Mr. Doug Grosse, <strong>of</strong> 7595 Shawnee Run Road (fronts Dot Avenue), states that he has<br />
not been contacted by the Swim Club concerning this project and would like to be<br />
updated as the project proceeds.<br />
Mr. Grosse expresses concern over the construction project, time <strong>of</strong> duration,<br />
construction hours, the effect <strong>of</strong> heavy construction equipment on Dot Avenue, mud on<br />
the lane, and run<strong>of</strong>f from the construction and improvements made to the Swim Club.<br />
Mr. Burns suggests that the Swim Club <strong>of</strong>ficials get together with Mr. Grosse to discuss<br />
and expand on some <strong>of</strong> his concerns.<br />
Mr. Burns explains that the <strong>Village</strong> does have strict standards in place for construction<br />
hours, which include no work being permitted on Sunday and reasonable hours on<br />
Saturday and through the week.<br />
Mr. Grosse asks for clarification <strong>of</strong> the placement <strong>of</strong> the retaining wall. Mr. McInturf<br />
explains that the wall will be placed as close to the parking lot as possible. <strong>The</strong>y also<br />
plan to maintain the heavy undergrowth between the properties.<br />
Mr. David Rhodenbaugh, who owns the properties at 6385 and 6345 Miami Road,<br />
expresses concern over the legal liability <strong>of</strong> property owners and the club since most <strong>of</strong><br />
the properties extend out onto Dot Avenue. He’s concerned about liability issues if a<br />
child is hit on the lane. Maintenance and expansion <strong>of</strong> the lane is also a concern.<br />
Mr. Burns replies that the <strong>Village</strong> does not have any control over these issues since Dot<br />
Avenue is a private lane.<br />
Mrs. Marcia Standen, residing at 6280 Shawnee Pines Drive, asks about drainage,<br />
mud, and erosion during construction.<br />
Mr. Burns replies that the Swim Club is required to maintain erosion control during<br />
construction.<br />
Mr. Ottenjohn asks for clarification concerning lighting since the current building will be<br />
demolished.<br />
Mr. Couch replies that he has been told by the architect that there will be no new<br />
lighting. <strong>The</strong>re are a few small lights on the current building, but no new lighting is<br />
being proposed.
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May 15, 2007<br />
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Mr. Burns comments that the Hamilton County Building Department will probably<br />
require some security lighting, but the <strong>Village</strong>’s lighting code will require that lighting to<br />
be shielded in a fashion so that it won’t reflect onto adjacent properties.<br />
Mr. McInturf comments that there is an extensive canopy at the club, and if a<br />
thunderstorm rolls in during a swim meet and it gets really dark, some incidental lighting<br />
would be used within the canopy. All lighting would be focused inward. <strong>The</strong>re will not<br />
be any exterior lighting.<br />
Mrs. Grosse and Mrs. Woolard inquire about the late parties that occasionally take<br />
place at the club. Mrs. Woolard asks if there is a certain hour that these parties should<br />
end by in an effort to reduce the noise.<br />
Mr. Burns states that there is not currently any condition on this special exception use<br />
concerning an ending time for parties, but the Commission could place one on the club<br />
with this approval.<br />
Mr. Madden asks if the club has a policy for ending times for parties. Mr. Ackermann<br />
states that the club typically tries to end parties by 11:00 p.m. <strong>The</strong>re is one member<br />
party and a swim team party that may have ended closer to 11:30 p.m.<br />
Mr. Madden reminds those in attendance that the Swim Club is classified as a special<br />
exception. <strong>The</strong>refore, there is ongoing monitoring by the Commission, so if there<br />
comes a time when the club and adjacent neighbors cannot work out their differences,<br />
you can petition Staff to come back before the Commission.<br />
Mr. Ackermann comments that the Swim Club did have a meeting with surrounding<br />
owners and is happy to work with them to address any other issues or concerns they<br />
may have.<br />
Mr. Madden encourages the Swim Club to notify property owners once a full set <strong>of</strong><br />
construction drawings are prepared and make the drawings available for property<br />
owners to view. <strong>The</strong> Swim Club will have to report back to Staff for review <strong>of</strong> all<br />
drainage and zoning issues and to obtain a site clearance release. <strong>The</strong> club will then<br />
have to receive a building permit from Hamilton County.<br />
Mr. John Kean, residing at 6415 Miami Road, questions the easements that are in affect<br />
and asks for clarification.<br />
Mr. Couch states that he has met with the attorney’s for the Swim Club and has worked<br />
with them to research this property. Mr. Couch has seen the easement rights and<br />
recalls that Dot Avenue was vacated in the early 1960’s. <strong>The</strong> properties do overlap into<br />
the center <strong>of</strong> Dot Avenue. <strong>The</strong>re was a private agreement with a number <strong>of</strong> residents
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that signed <strong>of</strong>f on the easement, with the exception <strong>of</strong> one property owner. However,<br />
this is a private agreement between the <strong>Indian</strong> <strong>Hill</strong> Swim Club and the property owners.<br />
Mr. Madden explains that if a motion is passed to approve this special exception, there<br />
will be a “Finding <strong>of</strong> Fact” that will include approval <strong>of</strong> the twelve (12) standards that<br />
were discussed earlier. <strong>The</strong> Commission will review the items at the next Planning<br />
Commission meeting and vote on those twelve items.<br />
Mr. Ottenjohn made a motion to accept the special exception under the Continuing<br />
Jurisdiction <strong>of</strong> the Planning Commission subject to the following:<br />
‣ Review and approval <strong>of</strong> the “Findings <strong>of</strong> Fact”<br />
‣ A 50' setback for the wading pool<br />
‣ A schedule for construction from Labor Day 2007 to Memorial Day 2008<br />
‣ <strong>The</strong> <strong>Indian</strong> <strong>Hill</strong> Swim Club maintaining communication with the residents on Dot<br />
Avenue concerning construction equipment, traffic, parking areas, and the<br />
entrance and maintenance <strong>of</strong> Dot Avenue<br />
Mr. Reynolds seconded the motion, and the motion was approved by a unanimous<br />
voice vote.<br />
Mr. Madden notes that there will be a special meeting <strong>of</strong> the Planning Commission on<br />
May 29, 2007 at 7:30 p.m.<br />
Mrs. Koppenhoefer rejoined the Commission.<br />
Item Number 3: Mr. Steve Steinman, <strong>of</strong> 8905 Shawnee Run Road, is requesting<br />
Planning Commission approval for two variances. <strong>The</strong> variances requested are for the<br />
location <strong>of</strong> accessory structures within the front yard setback and a brick wall exceeding<br />
the maximum wall height permitted by the <strong>Indian</strong> <strong>Hill</strong> Zoning Ordinance.<br />
Mr. Madden asks for anyone planning to speak on behalf <strong>of</strong> this case, to please stand,<br />
raise their right hand, and be sworn in prior to speaking.<br />
Mr. Steve Smith, with Stephen Smith Associates, comes before the Commission on<br />
behalf <strong>of</strong> Mr. and Mrs. Steinman. <strong>The</strong> Steinman’s live at the old schoolhouse at the<br />
corner <strong>of</strong> Given and Shawnee Run Roads. Previously, the Steinman’s obtained a site<br />
clearance release to construct a swimming pool/spa combination in their backyard. <strong>The</strong><br />
swimming pool requires mechanical equipment, and the Steinman’s have also chosen<br />
to purchase a generator due to the extended electric outage last winter.
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May 15, 2007<br />
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Mr. Smith states that the Steinman’s would like to place the equipment within the front<br />
yard setbacks and construct a six foot high wall to conceal their pool equipment and<br />
generator on the west end <strong>of</strong> the building adjacent to the existing greenhouse.<br />
Mr. Smith comments that the initial thought was to go with some type <strong>of</strong> wood fence.<br />
However, there is an existing fieldstone masonry wall on the north end <strong>of</strong> the property<br />
along Shawnee Run. This wall is part <strong>of</strong> the language <strong>of</strong> the house, and the Steinman’s<br />
would like to use this same type <strong>of</strong> detail for the proposed wall.<br />
Mr. Smith distributes photos <strong>of</strong> the site to Staff and the Commission. He notes that this<br />
type <strong>of</strong> wall at a height <strong>of</strong> six (6) feet will provide the needed privacy, screen the<br />
accessory structures, and provide sound attenuation during the operation <strong>of</strong> the<br />
generator. Due to the existing elevations, a wall less than six (6) feet in height will allow<br />
a clear view into the property. Mr. Smith notes that the proposed wall will conceal the<br />
pool equipment and generator from the view <strong>of</strong> the public, along with adding privacy and<br />
security for the Steinman’s.<br />
Staff Report: <strong>The</strong> property is a non-conforming corner lot located in District “A” – five<br />
acre and has a lot area <strong>of</strong> 3.5 acres. <strong>The</strong> historic house is also non-conforming being<br />
located 51' from the front right <strong>of</strong> way line. <strong>The</strong> original portion <strong>of</strong> the house was<br />
constructed in 1869 and is known as the Franklin School House. <strong>The</strong> Steinman’s are<br />
requesting to construct a six (6) foot high wall to conceal pool equipment and a backup<br />
generator from view <strong>of</strong> the public, along with added privacy and security for the<br />
enjoyment <strong>of</strong> their property. <strong>The</strong> brick wall is described as being 60' X 30' X 6' with a<br />
combination <strong>of</strong> brick and stone to match the existing 9' wall located in the front <strong>of</strong> the<br />
house.<br />
Section 5. 59.5 <strong>of</strong> the <strong>Indian</strong> <strong>Hill</strong> Zoning Ordinance states “walls constructed at a height<br />
greater than four (4) feet in height are prohibited unless a variance is approved by the<br />
Planning Commission”. Staff finds that the elevation at Shawnee Run facing the house<br />
is at 830. <strong>The</strong> elevation from the front <strong>of</strong> the wall is at 824, thus a difference <strong>of</strong> 6'. With<br />
this elevation difference, the impact <strong>of</strong> the wall is probably going to be at eye level from<br />
Shawnee Run Road. <strong>The</strong> applicant suggests that because the existing elevations allow<br />
a clear view into the property, the proposed wall will conceal the accessory structures,<br />
including the greenhouse, spa, portion <strong>of</strong> the pool, along with the proposed location <strong>of</strong><br />
the generator and pool equipment. <strong>The</strong> landscape architect also noted that ivy would<br />
be planted to cover the wall and would match the ivy that’s on the existing front 9' wall.<br />
Staff asked the architect if he would consider moving the pool equipment and generator<br />
to the rear <strong>of</strong> the property, but concerns were raised related to noise and sound<br />
attenuation. Staff questioned if the height <strong>of</strong> the wall could be lowered to meet the<br />
zoning ordinance, but the applicant feels that due to the existing elevations, a six (6)<br />
foot wall would be the minimum height needed to conceal the accessory structures
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May 15, 2007<br />
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along with the pool. Staff does agree that the wall would need to be at a height <strong>of</strong> 6' in<br />
order to conceal the equipment due to the elevation issues.<br />
Staff finds that the existing accessory structures, along with the proposed accessory<br />
structures will indeed be in clear view <strong>of</strong> the traffic along Shawnee Run Road and Given<br />
Road, and that the proposed wall would conceal the accessory structures. It is the<br />
intent <strong>of</strong> the zoning ordinance to keep accessory structures out <strong>of</strong> the front, but it’s also<br />
the intent <strong>of</strong> the zoning ordinance to keep those out <strong>of</strong> view from the <strong>Village</strong>’s public<br />
roads and right <strong>of</strong> ways.<br />
Staff finds that this proposed wall will keep the noise from the generator within the<br />
property limits. <strong>The</strong> <strong>Village</strong> has received complaints in the past due to noise from<br />
generators that were not designed to keep the noise within the property limits.<br />
Considering the historical value and the character <strong>of</strong> this property, Staff feels that this<br />
wall will help shield those accessory structures from the view <strong>of</strong> the public right <strong>of</strong> way.<br />
In conclusion, due to the unique set <strong>of</strong> circumstances, Staff recommends that the<br />
variance for the wall height and the variance to the front yard setback for accessory<br />
structures be approved due to the non-conforming corner lot, non-conforming location <strong>of</strong><br />
the house, and in preserving the historical character <strong>of</strong> the home.<br />
Mr. Reynolds asks why these structures cannot be moved to the south or west.<br />
Mr. Couch states that they can be moved, but in moving those structures Staff is very<br />
concerned with the noise from the generator affecting adjacent property owners. Staff<br />
also feels that it’s better to have these accessory structures located in one area and<br />
concealed rather than scattered in order to be placed in a conforming location. Staff<br />
feels that this plan makes sense and is in the best interest <strong>of</strong> the <strong>Village</strong>.<br />
Mr. Couch remarks that he did place a call to the <strong>Indian</strong> <strong>Hill</strong> Historical Society to get<br />
their thoughts on this proposal. <strong>The</strong>y were in support <strong>of</strong> the wall in order to help hide<br />
these structures.<br />
Mr. Smith adds that they will be adding trees to s<strong>of</strong>ten the view, but this will not solve<br />
the problems that he feels makes a 6' wall necessary.<br />
Mr. Madden requests that when a landscape plan is decided upon, it be reviewed by<br />
Staff prior to the plantings.<br />
Mr. Reynolds notes that he does have major concerns with approving these variances.<br />
He comments that Staff has spent a lot <strong>of</strong> time reviewing this case, and he will go along<br />
with Staff’s recommendation for approval since they feel this is the best solution for the
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May 15, 2007<br />
Page 17<br />
<strong>Village</strong>. However, if it is approved, Mr. Reynolds states that he would like noted in the<br />
approval the conditions <strong>of</strong> the site that distinguish it from other cases. He believes if<br />
this case is approved, it warrants a distinct set <strong>of</strong> findings.<br />
After further review and discussion, the applicant makes a request to table the item until<br />
the May 29, 2007 Planning Commission meeting to allow time for preparation <strong>of</strong> other<br />
variations and drawings showing the wall at a lesser length than the 60 feet that are<br />
being requested.<br />
Mr. Burns suggests that the architect also place stakes on the property showing the wall<br />
at a length <strong>of</strong> 55'. This way the Commission can see it on paper and visualize it at the<br />
site.<br />
Mr. Madden adds that it would be nice to see the stakes at 6' high with a string running<br />
along the length <strong>of</strong> the fence in order to get a concept <strong>of</strong> the height.<br />
Mrs. Koppenhoefer made a motion to table the item, at the request <strong>of</strong> the applicant, until<br />
the May 29, 2007 meeting. Mr. Reynolds seconded and the motion was approved by a<br />
unanimous voice vote.<br />
<strong>The</strong>re being no further business to come before the Commission, Mrs. Koppenhoefer<br />
made a motion to adjourn. Mr. Reynolds seconded, and the motion was approved by a<br />
unanimous voice vote.<br />
Respectfully submitted,<br />
Paul F. Madden, Chairman<br />
ATTEST:<br />
Michael W. Burns, Secretary