CITY OF CRESTVIEW HILLS

REGULAR COUNCIL MEETING

THURSDAY, MARCH 11, 2004

7:30 PM

 

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  - Item C under Old Business should be Resolution 2004-3-1 instead of 2004-2-1.  Item D under Old Business should be in the form of a resolution so make it Resolution 2004-3-2 – pertaining to Stage I Development Plan for the proposed project in the Shopping Center (SC) Zone.

 

Motion to approve as amended:

 

          Motion:  Harold Ries            Second:  David Kramer

 

          Yes 5             No 0               Absent:  1

 

APPROVAL OF MINUTES – Regular Meeting of January 8, 2004 – Page 6 under Economic Development – line 4, third word should be counsel not council.

Special Council Meeting of January 26, 2004 – no corrections. 

Regular Meeting of February 10, 2004 – no corrections.

Motion to approve the January 8, 2004 as corrected, the February 10, 2004 Special minutes as presented, and the February 10, 2004 minutes as presented made by Joe Maloney; Seconded by Ralph Laird.

 

            Yes  5                    No  0              Absent:  1


CITIZENS AND GUESTS

Janet Buhr, Joan Trame and Jeannie McKinley, Residents of College Park subdivision; J.R. Anderson, J.R. Anderson Realty; Dick Spoor, Attorney for J.R. Anderson Realty; Jay Bayer, Bayer/Becker Engineers; Debbie Kennedy, Northern Kentucky Recorder; Jeannie Hauck, Kentucky Post; Pat Crowley, Enquirer & a cameraman and & reporter with Channel 9 news.

MAYOR’S REPORT

1.      Reminder, this Tuesday, March 16th is Eggs & Issues at Five Seasons at 7:15 A.M., guest speaker is James Rogers from Cinergy.

2.      Thursday, March 18h, Municipal Government League Meeting - dinner at 6:00 P.M. meeting starts at 6:45 P.M. at Wilder City Building.  Dick Spoor and Jim Parsons will talk about IRB’s (Industrial Revenue Bonds).  The City has learned a lot that may benefit other cities.  There will be a legislative update since there are several things in the legislature concerning cities at this time.

3.      Friday, March 19th Government Forum at 11:30 A.M. – guest Transportation Secretary Maxwell Bailey.

4.      March 20th – Saturday, Kenton County Mayor’s Group will meet at the Crestview Hills City Building at 9:00 A.M.  Council people are urged to attend. Breakfast will be available.

CITY ADMINISTRATOR’S REPORT

No Report

 

OLD BUSINESS

 

1.      Second Reading of Ordinance 2004-2-1 – a Text Amendment concerning Parking Density changes in the SC (Shopping Center Zone). 

The change will affect the density in the Shopping Center Zone that is now 5.5 parking spaces per 1,000 square feet of gross leasable space to 4.25 parking spaces per 1,000 square feet per gross leasable space. This will affect also the retail & personal service store areas – Citywide.

 

Mr. Kramer made the Motion to approve the above ordinance to adopt a Text Amendment to the Zoning Ordinance Z040105-1661R to amend as parking space density in the Shopping Center Zone.  Seconded by Mr. Maloney.

 

Yes  5              No  0                Absent 1

 

Motion approved.

 

2.      Second Reading of Ordinance 2004-2-2 – a Text Amendment concerning signage in the SC (Shopping Center Zone).

Under Item B. 3. Accessory Uses – removing signs as regulated under Article 14 of this Ordinance and adding the location, type and size of all signs shall be in accordance with Article 14 of this Ordinance or as approved in the development plan.

Mr. Kramer reported that legal counsel was consulted and the City was advised that the wording is acceptable but subject to challenge verbatim. 

 

Mr. Kramer made the Motion to approve the above ordinance to adopt a Text Amendment to the Zoning Ordinance Z040105-1661R amending signage regulation in the SC (Shopping Center) zone.  Seconded by Mrs. Jameson.

 

3.      Resolution 2004-3-1 pertaining to Payment in Lieu of Taxes (PILOT) agreement with Jeffrey Anderson Real Estate, Inc.

Mary Ann Stewart, City Attorney – This is a resolution to approve the Payment in Lieu of Taxes (PILOT) agreement with Jeffrey R. Anderson Real Estate, Inc. with respect to the issuance of bonds for the construction of a lifestyle center in the Crestview Hills Mall.  Attachment A to the agreement will have a description of the real estate which will be inserted and Attachment B lays out the actual PILOT payment required under the agreement.

Mr. Kramer reported that J.R. Anderson requested a change to the Attachment B that in the event that Dillard’s Department Store does not use bond financing to build their building that any ad valorem taxes paid by Dillard’s should be credited to them.  The Economic Development Committee counter proposed that J.R. Anderson receive 50% credit and the City receive 50% of those ad valorem taxes.  That would keep the City’s receipts at or near $200,000 per year. 

 

Mayor Meier asked that when Anderson Realty does a description of the property Attachment A – how they will exclude Panera & Carrabbas from that Attachment.  Mr. Anderson stated that Mr. Bayer will be working on the documentation and wording of the attachment to appropriately exclude those two restaurants and submit to the City attorney.  This will be in a week or so.  Land and building for these two restaurants will be taken out of the documentation.  The restaurants are not part of the bond and will be paying their own taxes.

 

Mr. Maloney clarified that should Dillard’s opt out of the Revenue Bond, (not take advantage of the financing) the City would still receive property taxes from Dillard’s.  Mrs. Stewart, City Attorney, stated that this was basically the case. 

 

Mayor Meier explained that actually this would work out to more revenue to the City if Dillard’s chooses not to participate.  Mr. Kramer stated that this is why it would be advantageous for Dillard’s to participate in the Bond financing.  That probability had to be considered, however, Mr. Spoor thinks it likely that Dillard’s will participate in the Bond financing.

 

Mayor Meier stated that since the Attachments are not finished that he will not sign the Resolution until those attachments are included.  Tonight he is looking for an

 

 

 

NEW BUSINESS

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.

 

B.        First 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 “Signs, 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. 

 

Ms. Stewart, City Attorney read the proposed wording.  Removed from Accessory Uses –subsection B, Item 3 shall be the wording “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 2004-3-1 – 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. (Resolution 2004-3-2)– 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