CITY OF CRESTVIEW HILLS
SPECIAL COUNCIL MEETING
IN LIEU OF 2ND THURSDAY OF MONTH REGULAR FEBRUARY COUNCIL MEETING
TUESDAY, FEBRUARY 10, 2004
CALL TO ORDER - With the Pledge of Allegiance and a silent prayer, Mayor Paul W. Meier called the meeting to order at 7:30 PM.
ROLL CALL - Present were Mrs. Terri Jameson; Messrs. David Kramer, Ralph Laird, Joe Maloney, and Harold Ries. Absent: Frank B. Sommerkamp, Jr.
APPROVAL OF AGENDA - Mayor Meier stated that because this is a special meeting, the consensus by law is that the agenda must stand as presented. No motion is necessary.
APPROVAL OF MINUTES – The minutes were not received in a timely manner due to the rescheduling of the meeting, therefore, Mayor Meier asked that the minutes of the January 8, 2004 Regular Meeting and the January 26, 2004 Special Meeting be postponed until the March meeting.
Mr. Maloney suggested that the minutes be delivered at least a week in advance rather than a few days in advance of the meeting to give Council more time to read them and be prepared.
CITIZENS AND GUESTS
Travis Gettys, Kentucky Enquirer, Janet Buhr, Resident of College Park subdivision; Joan Trame, Resident of College Park subdivision, J.R. Anderson, J. R. Anderson Realty; Jay Bayer, Bayer/Becker Engineers.
None to report
A. First Reading of Ordinance 2004-2-1 – A text amendment concerning parking density changes in the Shopping Center (SC) Zone.
Mr. Kramer reported for the Economic Development Committee – The Committee met today and reviewed the proposal to change the parking density requirement in the SC zone from 5.5 spaces per thousand square feet of gross leasable area to 4.25 spaces per thousand square feet of gross leasable area. The KC&MP&ZC recommended that we change the density to 4.0 spaces per thousand square feet of gross leasable area. However, the Economic Development Committee suggested the higher number at the last meeting and the developer stated then that they could live with the 4.25 spaces as the density requirement. The Committee agreed to recommend the 4.25 spaces per thousand square feet of gross leasable area to Council.
Mary Ann Stewart, City Attorney stated that she will make the necessary changes to the Text Amendment Z-04-01-05/1661R to be adopted by Ordinance 2004-2-1 by the second reading at the next meeting.
reading of Ordinance 2004-2-2 -
A text amendment concerning signage in the Shopping Center (SC) Zone. Mayor Meier pointed out that on page 5
subsection B Item 3 – deleted under Accessory Uses – deleted will be
as regulated by Article XIV of this ordinance” and replaced with “The
location, height, size and type of all signs shall generally be in
accordance with Article XIV of this ordinance and as approved in the plan. Mr. Meier stated that there was some concern
on the Committee level about the wording.
Mr. Kramer reported that the Committee considered and voted to
conditionally approve the ordinance but obtain an opinion from the city
attorney as to whether the wording met legal requirements as far as specificity
and not leave cause for the wording to be overly vague or arbitrary. Ms. Stewart, City Attorney stated that the
word generally is vague – the language should perhaps state “shall be in
accordance with Article XIV of this ordinance or as approved in the Stage I
development plan. Mr. Kramer stated
that he and Mrs. Jameson were concerned about the wording “as approved in the plan”
would mean that an ad-hoc plan could be presented for every development.
Mr. Laird asked why all the permitted uses under Section 10.8 SC (Shopping Center) Zone are listed in the Amendment? Mayor Meier stated that the ordinance has always been that way. Mayor Meier and Ms. Stewart, City Attorney, stated that the matter should not be addressed at this time because that was not part of the public hearing. Mayor Meier stated that at some point in time if Mr. Laird has some recommendations the Committee can address them at that time. Mayor Meier explained that, as Mary Ann Stewart stated, you must hold to the letter of the law unless it is on that Stage I development plan.
Mayor Meier asked J.R. Anderson if there is a monument sign on the proposed plan for Building H and Building I. Mr. Anderson stated that it is on the plan.
City Attorney read the proposed wording.
Removed from Accessory Uses –subsection B, Item 3 shall be the
Signs, as regulated by Article XIV of this ordinance”. Added shall be “The location, height,
size and type of all signs shall be in accordance with Article XIV of this
ordinance or as approved in the Stage I development plan. Mr. Kramer inquired whether the City could
be accused of arbitrariness by giving people different approvals in Stage I
development plans. Mary Ann explained
that generally during the Stage I development plan there is a degree of
discretion that the City has built into the Stage I development plan. If there is some development that meets the
zoning code to the letter, the question then becomes; can the City then deny
the Stage I development plan? Probably
not, if the development meets every other use and that is typically what tends
to get litigated when applicants say “look our Stage I development plan met
every criteria” but generally the way the ordinance is to be drafted there is a
degree of discretion that allows the City to control the development and make
sure that it is the best development for that particular area and the city. Any approval is always subject to challenge
of being arbitrary especially when it meets that legal definition of the
criteria and where reasonable minds can differ is that the courts cannot second
guess the city’s actions and the city’s decision.
Mrs. Jameson expressed her concern regarding the wording. Mayor Meier explained that the wording is subject to change before the Stage II development. Mr. Bayer will be identifying actual locations planned for the signs from the State I Plan where all these signs could be placed.
Mr. Kramer asked if the City should go back to KC&MP&ZC and resubmit because of the wording decided upon tonight. Mayor Meier explained that minor changes to the plan are permissible without going back before the Planning Commission. Mayor Meier does not consider the wording changes agreed upon this evening to be major. Mayor Meier asked that this be considered this to be first reading of the Ordinance 2004-2-2 – to amend the Text Amendment Z-04-01-05/1661R.
C. Resolution 2004-2-1 – pertaining to Payment in Lieu of Taxes (PILOT) agreement with Jeffrey Anderson Real Estate, Inc.
The City has entered into an agreement with the developer to issue $90,000,000 in industrial revenue bonds. In doing this it takes that property off the tax roles, however the developer will pay the city some amount of payment in lieu of taxes.
Mayor Meier reported that no agreement has been reached on this matter though they are moving forward with other things involving the development.
D. Review recommendation by NKAPC for Stage I development plans for new proposed project in the Shopping Center (SC) Zone. – J.R. Anderson, developer, brought in a sample of the plans for council’s review.
Mr. Bayer/Bayer Becker Engineers addressed the KC&MP&ZC recommendations:
1. That the required landscaping, along with a minimum 6-foot high privacy fence at the property line, be provided between commercial uses and residential uses.
Mr. Bayer agreed.
2. That the required landscaping be provided between commercial uses and public or private streets.
There are no private streets in the SC zone. The landscaping will be along Dixie Hwy and I-275. Mr. Ries asked if the road between I-275 & the Mall is considered a private road. Mr. Bayer stated that it is not. Mr. Bayer stated that is an internal road belonging to the Mall not to be considered a private road.
3. That a minimum of five (5) percent of the vehicular use area be landscaped.
The developer has agreed to exceed 5%.
4. That approval of the proposed text amendment modifying the sign requirements for uses within the SC (Shopping Center) Zone be adopted prior to, or simultaneous with, the action on the proposed Stage I Development Plan.
Needs a second reading.
5. That an interconnection if agreed upon by Panera Bread be provided between the off-street parking areas for the existing Panera Bread restaurant and the proposed retail/restaurant building (Building H).
The developer is working with Panera on that agreement.
6. That approval of the proposed text amendment modifying the minimum off-street, parking requirements for retail and personal service stores and shopping centers be adopted prior to, or simultaneous with, the action on the proposed Stage I Development Plan.
To be done by Council at the next meeting.
7. That the existing pole sign located at the intersection of Turkeyfoot Road with Crestview Hills Mall Road be allowed to be modified in accord with the requirements for nonconforming structures/signs.
The existing sign will be modified.
8. That the proposed pole sign located along Interstate 275 be prohibited.
The developer agreed not to install the pylon sign.
9. That the proposed pole sign along Dixie Highway, at the northern entrance to the site, not exceed a maximum height of 18 feet and a maximum sign area of 100 square feet.
Will tear down the existing sign and put up a new sign that adheres to the requirements.
10. That the proposed pole sign located along Dixie Highway, at the southern entrance to the site, be limited to a ground sign with a maximum height of 10 feet and a maximum sign area of 50 square feet.
A plan has been submitted to KC&MP&ZC.
That plan shows all the locations.
J.R. Anderson reported that the preexisting sign, that is per the city’s code, is 1 square foot per linear foot of building area and they are requesting that be 2 square feet per linear foot of building area and that it not exceed 300 square feet per tenant on any one side/wall/face – maximum sign height shall not exceed 20% of the building height.
This is for the tenant sign they are proposing on Building A that the north, south and west; for Building B the north, south and west; for C the north, south and west; Building D1, which is one of the small buildings outside of Dillard’s is the north and west only. D2 is north and east. D3 is north, west & south and Dillard’s, itself, will be the north, west & south.
Discussion followed: Mayor Meier suggested that they would work with the lighting on the sign later. Mr. Anderson stated that E, F, & G would be all four sides. Mayor Meier asked Council to add another recommendation as item 11.
11. Approve signs submitted on Stage I plans, except “out lots” must maintain existing restrictions of the one square foot rule and one monument sign per building.
Mayor Paul W. Meier Acting Clerk Judy Rae Cox