Planning Commission Meeting

MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION September 18, 2024 The regular meeting of the Indian Hill Planning Commission was held on September 18, 2024 at 7:00 p.m. in Council Chambers of the Village Administration building. Members Present: Joseph Rhodenbaugh Rita Stolper Shayne Manning Barrett Tullis Donald McGraw Members Absent: Richard Wiggers Officials Present: Jonathan West, Assistant City Manager Visitors Present: Addison Lanier, Hannibal Land Development John Hensley, Hensley Custom Building Group Tim Hensley, Hensley Custom Building Group Scott Lucke, Robert Lucke Group Aaron Bey, 8500 Remington Road Michael Chandler, Viox & Viox Mike Hines, 7 Creekside Drive Kent Morris, 8250 Remington Road Ben Beshear, 7 Larking Drive Item Number 1: Minutes and findings from the August 21, 2024 Indian Hill Planning Commission meeting: Mrs. Stolper made a motion to approve the August 21, 2024 minutes and findings. Mr. Tullis seconded, and the motion was approved by a unanimous voice vote. In the absence of Chairman Wiggers, Mr. Rhodenbaugh asks for anyone planning to speak this evening to please stand, raise their right hand, and be sworn in prior to presentation of the cases. Item Number 2: Case #24-010: Robert Lucke Homes, on behalf of Vijay and Reena Sethi, is requesting authorization to construct a new single-family residence on a non- conforming lot of record per Section 81 of the Indian Hill Zoning Ordinance. The subject property is located at 6165 Miami Road. Mr. Scott Lucke, with Robert Lucke Group, comes before the Commission on behalf of his clients, Vijay and Reena Sethi. Mr. Lucke states that they would like to raze the existing home and construct a new two-story home. Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 2 Staff Report: Mr. West states that the Indian Hill Zoning Ordinance, Section 81. Lot of Record states: On any lot of official record, as defined in Section 3 of this ordinance, at the time of the enactment of this ordinance, even though a smaller area and/or frontage than required by this chapter in the district in which it is located, a one-family dwelling with its customary accessory structures may be authorized by the Planning Commission provided that the owner of the lot does not own any adjacent land and provided that all structures are so designed and located as to conform as closely as possible to the yard and distance from lot line requirements of this ordinance for the district in which the lot is located. The subject property is located in District “C” – one acre minimum and is a non- conforming lot of record. The lot frontage is 100', and the required minimum frontage for District “C” is 150'. The net lot area is 1.0672 acres, and the required lot area for District “C” is 1.0 acre. The existing septic system will be removed from the property as part of the demolition of the existing home and accessory building. Sanitary sewer is available on the east side of Miami Road. The proposed two-story dwelling will be located 75' from the Miami Road right-of-way line, 21.66' from both side yard lot lines, and 283' from the rear lot line. Staff finds that per Section 81 of the Indian Hill Zoning Ordinance: 1. The lot is an official lot of record. The applicant submitted title work back to 1941 showing this property existed in the same form since prior to the adoption of the zoning ordinance in 1945; 2. The owner of the lot does not own any adjacent land; and 3. All structures are so designed and located as to conform as closely as possible to the yard and distance from lot line requirements of the zoning ordinance for District “C”. The proposed improvements meet all requirements of the zoning ordinance. Staff properly notified the adjacent property owners and has not been contacted regarding the request. After brief discussion, Mr. Manning made a motion to approve the request. Mrs. Stolper seconded, and the motion was approved by a unanimous roll call vote with all in favor of approval. Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 3 Item Number 3: Case #24-011: Hensley Custom Building Group, on behalf of William and Suzanne McBrayer, is requesting a resource protection area swap for the construction of a pool, patio, and retaining wall behind the new home. The subject property is located at 2 Markin Lane, Lot 38 of Twin Fences at Peterloon Farm Subdivision, Phase 2B-1. Mr. Tim Hensley, with Hensley Custom Building Group, notes that they originally requested this swap estimating to have 34 caliper inches of trees; however, they have revised the plan to include 74 caliper inches of trees. Mr. Hensley explains that they plan to swap out 2,837 SF of vacant land for 2,806 SF of existing resource protection area so they can build a retaining wall behind the new home. Mr. Hensley notes that they spoke to the home owner behind this property who was originally questioning the original plan, but is now acceptable to the revised plan which includes more trees to increase screening. Staff Report: Mr. West states that the request is to relocate 2,806 SF of the existing resource protection area (Young Canopy Forest) for 2,837 SF of vacant land with no resources to accommodate the construction of a pool, patio, and retaining wall behind the new home. Mr. West indicates that staff received a revised planting plan which provided 74 caliper inches of trees. This includes planting additional trees in the existing resource protection area as well as planting in the area disturbed from the construction of the retaining wall. The Village Arborist has reviewed and approved the proposed planting plan. The plan also noted that trees that could be saved would be left in place in the resource protection swap area. Staff mailed out the legal notice and was contacted by the adjacent property owner to the east at 4 Markin Lane, Rick and Jenny Housh, who originally were not in favor of the request. However, since the revisions to the planting plan were made, Mr. and Mrs. Housh provided staff with an updated response, stating that the new plan is acceptable to them. Staff was also contacted by the adjoining property owner to the south at 8 Stirrup Cup Drive. The property owner stated he was glad to see they were adding new trees on the south side and wishes there were some evergreens to block the view in the winter. Staff notes that the Planning Commission has been favorable to resource protection area swap requests when: Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 4 1. The Village ends up with more resource protection area; and 2. The Village receives higher quality resources protected. The proposed request meets the Planning Commission standards for a resource protection area swap based on the revised planting plan, as the Village will receive more area protected, and the tree replacement is equal to what’s being lost. Mr. Tullis made a motion to approve the resource protection area swap. Mr. Manning seconded, and the motion was approved by a unanimous voice vote with all voting in favor of approval. Item Number 4: Case #24-012: Hannibal Development Company is requesting revised Concept Plan approval for Phase 3 of Twin Fences at Peterloon Farm Subdivision. The proposal will subdivide 61.39 acres into twelve single-family residential building lots and two green area gifts totaling 5.99 acres. The property is located at the terminus of Larking Drive, Parcel ID No. 619-0320-0137. Mr. Addison Lanier, with Hannibal Land Development, comes before the Commission and states that they are here for Concept Plan approval although they do not anticipate developing the land in the immediate future. Staff Report: Mr. West reviews previous Planning Commission actions as follows: • November 18, 2003: The Planning Commission approved the Concept Plan for Twin Fences at Peterloon Farm for 47 lots plus the area that makes up Phase 3. • December 15, 2020: The Planning Commission conditionally approved the Concept Plan for Phase 2B, 2C, and 3 of Twin Fences at Peterloon Farm Subdivision, subject to the information contained in the December 15, 2020 staff report, the engineering review report, and the following specific conditions: 1. The easement across Lots 41 and 42 from Perin Lane to the Emery property shall be shown on the plat with the recorder’s book and page information. This comment was related to Phase 2B and 2C. 2. Remington Road right-of-way shall be dedicated (40' half width). Shown on the Concept Plan. 3. A site distance study shall be completed for Lots 4 and 5 (Phase 3) for access to Remington Road (based on the 85 th percentile speed). An alternative would be to extend a private drive from Larking Drive. This was completed and an access location has been approved by staff. Final details to be worked out during construction plan review. 4. The developer and residents shall talk and try to resolve the concerns of the 3 acre lots along Larking Drive. Staff sent the plan to the adjoining Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 5 neighbors, and they have stated that they are satisfied with the new Concept Plan. • March 21, 2023: The Planning Commission conditionally approved the Preliminary Plat for Lot 12, Phase 2D subject to: 1. Provide on-site storm water detention to be reviewed when the permit for the new home comes in. 2. Will require a fire hydrant within 400' of the new home, measured along hard surface as the fire department would lay hose. The property is located in zoning District “A” – 5 acre minimum and is made up of mature and young canopy forest and open fields. There are several streams that run through the property from west to east, and the topography ranges from steep slopes along the stream corridors to gently sloping. The revised Concept Plan is very similar to the December 15, 2020 conditionally approved plan which includes the extension of Larking Drive to the east that will serve Lots 2, 3, 10, and 11. A private drive will extend east from the end of Larking Drive to serve Lots 6-9. Lots 4 and 5 will share a single drive out to Remington Road per the approved site distance study, and Lots 1 and 12 will be served from Stirrup Cup Lane. Two green area gift lots are proposed totaling 5.99 acres on the NE and SE corners of Larking Drive at Stirrup Cup Lane. Section 86. Green Area Development - Lots 1, 2, and 11 are proposed for lot reductions per Section 86. Green Area Development which permits the reduction of lots in the 5 acre zone down to 3 acres in exchange for Green Area gifts as summarized below: Green Area Gifts Total = 5.99 Acres Lot Reduction Total = 5.97 Acres Lot A (NE corner) = 1.77 acres Lot 1 = 1.99 acres Lot B (SE corner) = 4.22 acres Lot 2 = 1.99 acres Lot 11 = 1.99 acres All lots will be served by Indian Hill Water Works and MSD sanitary sewer, and all utilities shall be placed underground. Storm water calculations will be provided as part of the Preliminary Plat and/or Construction Plan Review stages and shall comply with the Village of Indian Hill storm water regulations. Storm water detention is proposed on Lots 5 and 6. Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 6 The Resource Protection Analysis has been submitted and meets the required standards per Section 14. Natural Resource Protection Standards of the Village of Indian Hill Subdivision Ordinance. Below are the totals of the resources being protected as shown on the Concept Plan: Natural Resources Floodplain & Kope (100% protected): 4.50 acres Slopes 20% or Greater (80% protected): 12.86 acres Mature Canopy Forest (70% protected): 18.68 acres Young Canopy Forest (40% protected): 3.32 acres Total 39.36 acres Note: Some resources overlap (Ex: 20% Slopes and Mature Canopy Forest). The Green Areas Advisory Committee reviewed and recommended approval of the Resource Protection Area analysis. Mr. West states that staff and the Village Engineer have reviewed the proposed Concept Plan and find the proposed plan as shown meets the Village of Indian Hill Subdivision Ordinance, Section 6.1 Concept Plan Approval and Section 14. Natural Resource Protection Standards. 6.1.5 Planning Commission Review and Action. …The Planning Commission shall…approve, conditionally approve or disapprove the Concept Plan. Should the Planning Commission choose to conditionally approve the request, staff would recommend the approval be subject to the information contained in this staff report and the following specific conditions: 1. Extend 20' stream buffer from top of bank on Lots 1 and 10. 2. Provide on-site storm water detention on Lot 12, to be reviewed when the permit for the new home comes in. 3. Lot 12 will require a fire hydrant within 400' of the new home, measured along hard surface as the fire department would lay hose. After brief discussion, Mr. Manning made a motion to approve the proposed Concept Plan subject to the staff recommended conditions listed above. Mr. Tullis seconded, and the motion was approved by a unanimous roll call vote with all members present voting in favor of approval. Village of Indian Hill Minutes of Planning Commission Meeting September 18, 2024 Page 7 There being no further business to come before the Commission, Mrs. Stolper made a motion to adjourn. Mr. Tullis seconded, and the motion was approved by a unanimous voice vote. Respectfully submitted, Joseph Rhodenbaugh, Chairman Pro-tem ATTEST: Jonathan D. West, Secretary Pro-tem