MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION MAY 17, 2011

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1 MINUTES OF MEETING INDIAN HILL PLANNING COMMISSION MAY 17, 2011 The regular meeting of the Indian Hill Planning Commission was held on Tuesday, May 17, 2011 at 7:00 p.m. in the Council Chambers of the Village Administration building. Members Present: Members Absent: Officials Present: Visitors Present: Paul F. Madden Jane G. Koppenhoefer Richard C. Wiggers Laura S. Raines Abbot A. Thayer Michael W. Burns, City Manager David M. Couch, Assistant City Manager Tom Breidenstein, Law Office of Thomas W. Bosse, PLLC Mike LaGue, Cincinnati Bell Wireless Sarah Davis, 5050 Drake Road Steve Carr, Cincinnati Bell Wireless Chairman Madden called the meeting to order and asked for comments or corrections to the February 15, 2011 Planning Commission minutes. There being none, Mrs. Koppenhoefer made a motion to approve the minutes. Mrs. Raines seconded, and the minutes were approved by a unanimous voice vote. Item Number 1: PBM Wireless Services, LLC, on behalf of Cincinnati Bell Wireless, LLC, is requesting special exception approval to co-locate a PWS facility on an existing tower or existing support structure. The PWS facility will be located inside the Armstrong Church steeple at 5125 Drake Road. Mr. Steve Carr, with PBM Wireless Services, comes before the Commission to request special exception approval per the Village s wireless ordinance. Mr. Carr explains that the antennas will be concealed within the existing steeple of Armstrong Church, and that no new structures will need to be constructed in order to improve the wireless coverage in the area. Staff Report: Mr. Couch states that PBM Wireless Services, LLC is acting as an agent on behalf of Cincinnati Bell Wireless, LLC. The applicants are requesting special exception approval to co-locate a PWS facility on an existing tower or support structure located in the Armstrong Church steeple at 5125 Drake Road.

2 Page 2 Mr. Couch notes previous actions by the Planning Commission: December 17, 1996 The Commission approved a special exception request by GTE Mobilnet to install a PWS antennae and necessary equipment inside the Armstrong Church steeple. It was also noted that the existing steeple would be replaced with a new steeple constructed of a material conducive to the PWS facility. Mr. Couch reviews the Federal Telecommunications Act of 1996 which requires that local zoning authorities allow for the development of high quality personal wireless service facilities. Village Council passed an ordinance on December 17, 1997 that amended Section Special Exceptions Authorized by adding number (14) Personal Wireless Facilities. Prior to amending Section , the zoning ordinance permitted public utility towers without regulating height, location, or addressing the issue of co-location. The regulations and standards set forth in the PWS ordinance were enacted to protect the value of private property and provide for the protection of health, safety, and general welfare of the Village residents. The Commission must make a written finding of fact and conclusions that in each case the application for special exception complies with regulations, standards, and adopted land use objectives and policies as set forth in the ordinance. Applications Required: 1. Special exception application for a PWS facility located on an existing structure. 2. Application for co-location or for a PWS facility on an existing tower or existing support structure. Staff finds that all application requirements have been met and are complete. Staff Findings: The applicant s request is based upon the need to increase or provide comprehensive PWS network coverage to the residents of Indian Hill. The proposal calls for the antennas and telecommunications equipment to be hidden within the church s steeple. There are no outside PWS shelters or facilities required, and no variances are being requested. The only visible evidence of Cincinnati Bell Wireless service will be a small GPS antennae approximately 7" X 2" and a small generator plug mounted to the wall of the building approximately 3' high with a box. The site will remain unchanged with no exterior lighting, change in parking, or landscaping needed. Staff also finds that the proposal clearly meets the Village of Indian Hill Personal Wireless Service Facilities Ordinance regarding Section V. Co-location - A. In an effort to avoid the proliferation of PWS Facilities in the Village, the Village has

3 Page 3 established, as part of its Land Use Objectives and Policies, a clear policy in favor of colocation. Each tower proposed as a part of a PWS Facility shall be required to accommodate a maximum of three (3) additional Personal Wireless Service providers and shall make space available on the tower to federal, state and local emergency service providers as requested. In review of the special exception request, the applicant must meet twelve (12) standards as specified in Standards of the Indian Hill Zoning Ordinance. Below Staff provides a finding to each standard. Standard 1 The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, convenience, comfort, morals or general welfare; The special exception request will provide an improved cellular service and greatly improve coverage issues within the area. Co-location prevents proliferation of PWS facilities and hidden equipment promotes the Village s Land Use Policies and Objectives. Standard 2 The special exception is not inconsistent with the Village s adopted Land Use Objectives and Policies; The special exception meets Standard 2 by utilizing an existing PWS facility and minimizing the need for a new facility, meeting the Village s Land Use and Objectives Policy under Objective C. Policy 5 and Policy 6. Policy 5 states Minimize, to the extent possible, the construction of new towers in the Village. Policy 6 states Encourage and provide incentives for the improvement of existing towers or other buildings or structures suitable for use as a personal wireless service facility as an alternative to the construction of a new personal wireless service facility tower. Standard 3 The special exception, either alone or in conjunction with other special exceptions previously granted or otherwise existing, will not injure, diminish, or impede the use, enjoyment or normal and orderly development of other property in the immediate vicinity for uses permitted in the zoning district; Hidden antennas and equipment will have no negative impact upon other property in the immediate vicinity. Standard 4 The special exception is consistent with the residential character of the immediate vicinity of the parcel proposed for development;

4 Page 4 The proposed equipment will be located inside the church steeple and will have no impact on or diminish property values. Standard 5 The special exception will not substantially diminish or impair property values within the neighborhood; The proposed equipment will be located inside the church steeple and will have no impact on or diminish property values. Standard 6 Adequate utilities, drainage, wastewater treatment, and/or other facilities necessary to serve the proposed special exception already exist or will be provided; Adequate utilities already exist, and there is no need to address drainage or wastewater regarding the request. Standard 7 Adequate access roads, entrance, and exit drives, and off-street parking spaces already exist or will be provided and designed so as to prevent traffic safety hazards, to minimize traffic conflicts and congestion in the streets, and to maintain the rural residential character of existing roadways in the Village, without requiring improvements that will increase the capacity of existing roadways or will encourage their use by through traffic; The request has no effect on existing drives and parking. Standard 8 The special exception will not adversely affect a known archaeological, historical or cultural resource; There are no known archaeological, historical, or cultural resources associated with this request. Standard 9 The applicant has presented to the Commission that it has the capacity to complete, maintain and operate the special exception as proposed and approved, and has made or will make adequate legal provision to guarantee the provisions and development of any buffers, landscaping, public open space and other improvements associated with the proposed development; Cincinnati Bell Wireless has the capacity to complete, maintain, and operate the special exception as proposed. There are no buffers or landscaping needed. Standard 10 The special exception shall in all other respects conform to the applicable regulation of the zoning district in which the property is located, except where the Planning Commission in a particular case grants a variance from the regulations pursuant to Section or, if the regulations are of the type that may not be varied

5 Page 5 under Section , where the Council in a particular case waves or modifies the regulations pursuant to the recommendation of the Commission; There are no variances needed or requested, and the proposed special exception conforms to all applicable zoning requirements. Mr. Wiggers joined the meeting at 7:15 p.m. Standard 11 All exterior lighting fixtures will be designed, directed or shaded so that no direct light is cast upon any other property; and all driveways and off-street parking areas will be designed and screened to minimize the illumination of adjacent residential properties by automobile headlamps; There are no exterior lights or lighting being proposed for the project. Standard 12 All building and structures located within twenty-five (25) feet of the minimum front yard, side yard or rear yard required under Section 63.1 or Section 73.1 will be screened by landscaping of a type, natural and seasonal character that will ensure that privacy of adjacent dwellings and will ensure that the visible character of the use will be compatible with surrounding uses; and all accessory outdoor areas, mechanical equipment and waste disposal facilities will be screened from the view of adjacent dwellings; There are no shelter facilities or buildings required for the special exception, and no landscaping is required since the telecommunications equipment is housed inside the church steeple. In closing, Staff finds that the special exception request meets the requirements of the PWS Ordinance and conforms to all applicable zoning. The Village has properly notified the adjacent property owners. The notice was also advertised in the local paper thirty (30) days prior to the hearing date. Staff has received numerous letters in support of the request and none against. Staff finds that the proposal will improve cellular coverage in the area and is in the best interest of the Village of Indian Hill. After a very brief discussion, Mrs. Koppenhoefer made a motion to approve the special exception for the application by Cincinnati Bell Wireless and the co-location on the Armstrong Church steeple. Mrs. Raines seconded, and the motion was approved by a unanimous voice vote.

6 Page 6 There being no further business to come before the Commission, Mr. Wiggers made a motion to adjourn. Mrs. Raines seconded, and the motion was approved by a unanimous voice vote. Respectfully submitted, Paul F. Madden, Chairman ATTEST: Michael W. Burns, Secretary