Planning Commission Meeting

MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION February 21, 2024 The regular meeting of the Indian Hill Planning Commission was held on February 21, 2024 at 7:00 p.m. in Council Chambers of the Village Administration building. Members Present: Richard Wiggers Joseph Rhodenbaugh Rita Stolper Barrett Tullis Donald McGraw Members Absent: Shayne Manning Officials Present: Jonathan West, Assistant City Manager Visitors Present: Kevin Spector, SMP Design, Inc. Clint Oliver, Bayer Becker, Inc. Jim Nichols, Indian Hill Exempted Village School District Adam McCuistion, 7285 Tangleridge Lane Item Number 1: Minutes from the November 15, 2023 Indian Hill Planning Commission meeting: Mr. Rhodenbaugh made a motion to approve the November 15, 2023 minutes. Mrs. Stolper seconded, and the motion was approved by a unanimous voice vote. Chairman Wiggers asks for anyone planning to speak this evening to please stand, raise their right hand, and be sworn in prior to presentation of the case. Item Number 2: Case #24-001: The Indian Hill Exempted Village School District is requesting special exception approval for the construction of a new indoor sports/recreation field house. The IHEVSD is also requesting a variance from Section 74 of the Indian Hill Zoning Ordinance to increase the non-conforming lot coverage from 40.37% to 42.56% (2.19% increase) where a maximum lot coverage of 25% is permitted in zoning District “C”. The subject property is located at 6865 Drake Road. The IHEVSD operates under the continuing jurisdiction of the Planning Commission as an approved special exception. Mr. Tullis announces that he is recusing himself from the case involving the IHEVSD. Mr. Jim Nichols, Chief Human Resources and Operations Officer for IHEVSD, states that this project is unique in that the community approached the school regarding the need for additional recreational indoor space. He notes that currently some recreation Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 2 programs are at the school until 9:30 – 10:00 at night due to the limited gym space. With all the sports programs offered, there’s just not enough space to accommodate all the students who want to participate. Mr. Nichols points out that the community has raised over $8,000,000 of a $10,000,000 project. If approved, this project will serve the students of the school, district recreational sports programs, and the community at large. Mr. Nichols adds that they’ve worked really hard to design a building that fits in with the neighborhood, as they want to be good neighbors. They’ve designed the building to set down into the ground so it doesn’t exceed height limitations and have also been cognizant of lighting and sound as well. Mr. Kevin Spector, with SMP Design, Inc., comes before the Commission and explains that they have positioned the two-story building into the hillside facing Drake Road so that it appears as though it’s only one-story if viewing from Drake Road. They will be using geothermal wells which will allow for the heat pumps to be located below grade in the basement, essentially eliminating any sound from transferring to the property line. Due to the size of the building, a couple of heat pumps will be located on the roof; however, any transfer of sound will be below 50 dBA at the nearest property line. Mr. Spector notes that all lighting will be full cut-off fixtures that are of the same type as what’s used for the rest of the campus. Light bollards will be used along the entry drive and sidewalks which are consistent with the lighting approved for the middle school. Mr. Clint Oliver, with Bayer Becker, Inc., indicates that they are providing a landscape buffer on the Drake Road side of the building as well as on the east side of the property to provide additional screening. Mr. Oliver explains that there is an existing above ground detention basin at the rear of the property behind the softball and baseball fields that will be enhanced to meet current zoning regulations as well as Ohio EPA water quality controls. Mr. Oliver states that they are also requesting approval to increase the non-conforming lot coverage by 2.19% for a total of 42.56%. This additional lot coverage is needed for the building and surrounding sidewalk. Staff Report: Mr. West states that the IHEVSD is requesting special exception approval for the construction of the new indoor sports/recreation field house. The building will be approximately 160' x 250' with a first-floor area of 37,888 SF, and the second-floor track area will be 12,830 SF. The field house will be setback 100' from the Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 3 front lot line and 200' from Drake Road and will be screened with the green area property and an additional landscape buffer. The east end of the building facing Drake Road will be 27'-8", and the west end of the building facing the high school will be 37'-5" (building height is measured to the midpoint of the roof). The zoning code permits a maximum height of 40' (midpoint of the roof). The building exterior will be brick and vertical metal siding with a standing seam metal roof. The colors will match the other buildings on campus. The IHEVSD operates under the continuing jurisdiction of the Planning Commission as an approved special exception. Section 101.481 per the Indian Hill Zoning Ordinance requires the Commission to review and approve all applications for site clearance. Mr. West notes that the “12 Standards for Special Exception” along with staff’s comments are listed in the staff report previously distributed to the Planning Commission and available this evening. Regarding Standard (7), Mr. West points out that adequate access and parking are provided by the existing facilities. The field house use will be outside regular school hours. The request meets all other requirements, with the exception of the request for a variance to the existing non-conforming lot coverage. Related to Standard (10), the applicant is requesting variance approval to increase the non-conforming lot coverage from 40.37% to 42.56% (2.19% increase) where a maximum lot coverage of 25% is permitted in zoning District “C” per Section 74 of the Indian Hill Zoning Ordinance. Mr. West reviews the lot coverage summary as follows: Existing hardscape = 13.37 acres Existing buildings = 6.62 acres Existing lot coverage = 19.99 acres (40.37%) Proposed field house = 1.09 acres Total lot coverage = 21.08 acres (42.56%) Proposed increase in lot coverage = 1.085 acres (2.19%) The variance application is based on exceptional practical difficulty. To help support the Commission’s decision to approve or deny the requested variances, Staff has prepared written findings of fact per Section 101.53 Standards for Variances – Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 4 The Commission shall not grant a variance as authorized in Section 101.52 unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which supports written conclusions that: 1) The variance request arises from physical conditions of the lot which are very unusual, that is, conditions which are rarely found in the same district, and the conditions are created by the provisions or requirements of this ordinance and not by an action or actions of the property owner or the applicant, such that the literal interpretations of the ordinance would deprive the property owner or the applicant of rights commonly enjoyed by other properties in the same district; The variance is being requested due to the existing non-conforming lot coverage which limits the school district’s ability to provide new and state of the art facilities for the students and community by limiting expansion potential. The literal interpretation of the ordinance may deprive the property owner of rights commonly enjoyed by other properties in the same district. Therefore the Planning Commission shall determine whether the request meets Standard No. 1. 2) The particular physical surroundings, shape, or topographical condition of the specific property involved would cause undue hardship or exceptional practical difficulty for the owner, lessee or occupant, as distinguished from a mere inconvenience, or would conflict with the Village’s adopted land use objectives and policies, if the provisions of this ordinance were strictly enforced; The non-conforming lot coverage condition of the property causes exceptional practical difficulty for the school district. The request would not conflict with the Village’s adopted land use objectives and policies. There is a nexus between the 50.431-acre school district property and the approximately 67-acre green area property surrounding the school. Therefore the Planning Commission shall determine whether the request meets Standard No. 2. 3) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the Village streets, increase the danger of fire, endanger the public safety or Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 5 substantially diminish or impair property values within the neighborhood; and Granting the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood; will not impair an adequate supply of light or air to adjacent property; will not increase the congestion in the Village streets; will not increase the danger of fire, public safety or diminish or impair property values within the neighborhood. Therefore the request meets Standard No. 3. 4) The variance desired will not conflict with the general purpose and intent of this ordinance. Because of the nexus between the 50.431-acre school district property and the approximately 67-acre green area property surrounding the school, the variance desired will not conflict with the general purpose and intent of the ordinance. Therefore the Planning Commission shall determine whether the request meets Standard No. 4. Regarding special exception Standard (11), Mr. West notes that all exterior building lighting fixtures will be full cut-off fixtures or recessed. Light bollards will be provided along the sidewalk on the south side of the building consistent with the lighting approved for the middle school. As related to special exception Standard (12), a landscape plan has been provided to help screen the building from Drake Road and the properties to the east. Mr. West notes that staff has not received any comments from adjacent property owners regarding the request. Mr. Rhodenbaugh comments on the difficult terrain in the area of the detention basin and asks if the planned construction will be done without compromising the adjacent green area. Mr. Oliver replies that they are proposing to extend the basin to the south, which will not disturb the existing green area. Mrs. Stolper asks about the timeline for completion of the project. Mr. Nichols replies that if all goes well they are planning to start using this space by August 1, 2025. Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 6 Mr. McGraw comments that during the presentation it was mentioned that the facility would serve the school district and Village of Indian Hill residents. He asks for clarification on how this facility will be serving the residents, other than students. Mr. Nichols states that there is a walking track that could be utilized by residents during times when it’s not in use by students. Mr. McGraw inquires about staffing during these times when residents would be using the facility. Mr. Nichols replies that staff from the existing athletic department would be present during these times. There would not be a need for additional employees. Mrs. Stolper asks if the school property and the Village green area were one parcel, would adding this project still exceed the 25% lot coverage maximum. Mr. West replies that it would be well below the 25% maximum lot coverage if the two were one parcel. Chairman Wiggers notes that although the zoning code does not recognize specific situations as this, it is unique because it’s a school and because the Village owns a large piece of land adjacent to the property. A lengthy discussion followed among Planning Commission members and staff which focused on the nexus between the school district property and the surrounding green area property based on the 1960 ordinance and agreement between the two parties, which makes this a unique situation. The Planning Commission comes to the conclusion that the requested variance does meet all four standards based on this nexus between the properties. Mrs. Stolper made a motion to approve the requested variance and special exception based on this conclusion. Mr. Rhodenbaugh seconded, and the motion was approved by a unanimous roll call vote. There being no further business to come before the Commission, Mrs. Stolper made a motion to adjourn. Mr. Rhodenbaugh seconded, and the motion was approved by a unanimous voice vote. Respectfully submitted, Village of Indian Hill Minutes of Planning Commission Meeting February 21, 2024 Page 7 Richard Wiggers, Chairman ATTEST: Jonathan D. West, Secretary Pro-tem