Zoning Commission - Regular Meeting

Call the meeting to order. Please rise for the pledge of allegiance to the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. [clears throat] Roll call. Mr. Prescll here. Mr. Ford here. Mr. McAdams here. Mr. Kangro here. Mr. Jen here. Everyone's here. Okay. Could I have the first Oh, the minutes. Did anybody get a chance to read the minutes? Yes. Yes.

Any additions, corrections? No. No, I didn't see anything. Do we have a motion? I'll make a motion that we approve uh our last stated meeting. I'll second it. All favor. I I everybody. Yes. Yes. Thank you. Everyone that was here. Correct. Yeah. Okay. Is there any old business? No, that'll be continued until December. Till December. We'll have that at the December meeting.

You want passes down? Yes. Thank you. Okay. First case, please.

All right. Case 5-25A. This case is a variance request. Uh it was brought to us by Eastgate Baptist Church. Uh the request uh is like I said a variance request. Uh it concerns a pre-existing non-conforming freestanding electronic message center sign. The existing sign um was approved as part of a variance request in 2005 in front of this board. Uh the sign which currently exists is 96 square feet in size and approximately 20 ft in height. and the owner slapplicant is requesting a 160 square feet uh freestanding electronic message sign at the same height or possibly lower uh at 18t height. Therefore, uh this variance request uh considering the 96 ft which were previously approved uh the request is only for an additional 64 square feet of additional uh uh size. Uh the location of this site uh is is at se uh 717 Barks Run Road. Uh it is located directly southeast of the intersection at Bark Salt Run Road and Timbernol Road on parcel 41-31-05F-162. Uh it is a 12 and a half acre site. The zoning for this property is zoned single family detached residential uh with all adjoining properties also zone for single family with a mixture of R1 and R2 zoning districts. Uh the only exception to this would be the property to the to the east approximately 300 ft to the east over Interstate 275. That property is zoned for single family

variable residential uh known as R4. I apologize there. You can see that on the uh PowerPoint. Now um some background information on this case. uh the owner applicant uh has uh appeared like as I mentioned previously has appeared in front of the board uh numerous times uh specifically three times in the past um in 2000 and 2003 and 2005 all four conditional uses. Uh the case which was presented in 2005 is the most applicable tonight as the sign which currently exists uh was approved uh during that case. Um additional background information Uh the applicant reached out to the planning and zoning department uh several months ago to discuss the replacement um of their existing sign which currently is uh not fully operational. After discussion with the planning and zoning department uh the applicant decided that it would be best for them to submit for a variance. Um that's why we're here tonight. Moving on to staff review and analysis. Uh pertinent to this case would be article 9 section 905 item one of the of the uh township zoning resolution. Uh this states that signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs or societies which signs or bulletin boards shall not exceed 32 square feet. 32 square feet in area and which shall be located on the premises of such institution. Uh please note the following information regarding the proposed freestanding on premises sign. Uh as kind of mentioned before the total overall height of the proposed freestanding sign is 20 ft. Um as mentioned previously the applicant would be willing to decrease that height

by two feet totaling in 18 ft for the overall height of the sign. Um therefore there is no variance need for the total height of the sign uh as the applicant is willing to meet the existing height or go slightly below that. Uh the dimensions of the proposed sign itself measure at 16 ft in width by 10 ft uh in height. Uh this totals for 160 square feet uh 160 feet sign. Uh the bottom edge of that sign would be situated 10 ft above the grade at most uh potentially lower. Again, uh the closest setback of this sign uh to a property line would be 15 ft. Uh this is the property line uh to the excuse me, the east uh adjacent to Interstate 275. Um all the other setback measurements are approximately at least 400 feet if not farther from any other property lines. Uh lastly, the sign facade uh that'll consist of a double-sided fullcolor electronic message center. Essentially, this is a a a lit sign uh that can show me show messages. Uh, additionally, uh, to note, uh, the owner applicant must meet the applicable regulations of article 9, section 902.2 of the zoning resolution. This states that no sign shall employ any parts or elements that revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention. Uh, lighted electronic information displays whose only movement is the periodic changing of information against a solid colorless background shall be allowed as on premises signs. Uh, signs illuminated by bulbs shall have automatic dimmer and glare screens. Any sign under this section shall meet

all other zoning requirements. Uh, additionally, uh, to note if the proposed sign was located on property zoned for commercial or business um, uses, this would be in accordance with article 9, section 907. Uh, essentially this states that the total square footage for the sign would be 150 square feet, which if if it were applicable, uh, the applicant would meet this standard. Um in that case they would only be requesting 10 uh 10 additional square feet beyond [snorts] the regulations. Um we only make note of this because the existing use institutional in some ways institutional uses function more as commercial or business uses than than uh for what's applicable here. Uh moving on from that, finishing up here. Um action required tonight uh in accordance with article 4 section sections 430 through 431 of the zoning resolution, the board of zoning appeals is to enter a motion to approve, approve with modifications or deny the applicant's request. Uh please note that these decisions must be based on evidence, testimony, and findings of facts related to the request. And finally, staff recommendations uh for modifications. Regardless of the outcome of this variance request tonight, staff finds that items below must be adequately addressed prior to any final township action. Uh the first point being that for the purposes of limiting uh any additional hazard [snorts] to motorist uh along I275 that would be generated by this site or particularly the light em uh emitting from the sign. Um staff recommends placing limitation on the light level um that can be measured in lumens or foot candles uh emitted by the proposed sign. Uh essentially this recommendation is largely in relation to

the impact of spillover of lighting onto Interstate 275 particularly after dusk. Um, point number two, staff recommends that the board require that all messages and images on the sign be displayed for a minimum of 5 seconds and in no instance in instances can a message or part thereof flash on the message board. Um, this is similar and in addition to uh the regulations of article 9 section 902 item two and those would have to be adhered to in its entirety as well. Uh thirdly, staff finds that the owner applicant [clears throat] uh must follow all applicable Ohio Department of Transportation regulations regarding the timing and lighting of the electronic message center sign uh with regard to uh the road rideways nearby. And finally, uh, staff recommends that the existing proposed sign pole be wrapped with a four-sided base with materials that meet the zoning resolutions definition for traditional highquality building materials. Uh, this would be up to the first 8 ft in height um to meet the the the bottom edge of the sign. Staff also recommends that landscaping and vegetative plantings be installed around the base of the sign to provide a farther buffer. And then if you want to uh pay attention to the uh slideshow here, um we just want to indicate where the sign is on the property. Uh and then in relation to uh the highway and uh you can see there's B Salt Run Road to the north. And this is a more updated aerial image uh oblique view. Uh these are the dimensional drawings provided by the applicant. Uh this is the proposed sign and as you can see as mentioned before the sign itself is 10 feet in height. Uh the clearance from

the bottom edge of the sign to the finish grade would be 10 feet and the width of the sign is 16 feet. And you can have a you can see a side profile view here as well. Um and then looking at uh images taken on the site. Um it may be a little difficult to see but this is looking southeast from Timbernull Road. Um, you can see the sign is here. Uh, if you can see my mouse there. Um, this is looking at the sign from the entrance to the site. Um, again, it's if you can't make it out, it's right there. This is looking south at the sign from the um adjacent utility easement found north of the site. And then this image here can just show uh the sign's proximity to I275. And you can notice the topography changes nearby. And this highlights further those topography changes. As you as you can see, the sign is slightly elevated up on a hill. Additional views here. Uh here's a side profile of the sign. As you can see the highway in the background as you can see. Uh here's the uh same same sign looking north uh along highway there. And then here's the sign. Uh this is viewed from the north parking lot on the site. And that concludes the images there. and then we'll pull up the drive by on Google here.

So, yeah, this is what the sign uh if you're familiar, this is what the sign looks like from Interstate 275 as you're as you're driving by. I think that concludes everything staff have to present at this time. Does the board have any questions? Anybody have any questions from the board? No. [clears throat] No. Hearing none. Is there anybody here to speak in excuse me in favor of this proposal? Step up to the podium. Please state your name and address and spell your last name.

My name is Dan Barnes. My address is 4165 Keller Court, Cincinnati, Ohio. 45245. What was the last name? Spell my last name. Barnes. B A R N E S. Can you raise your right hand, please? Do you solemnly swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth. So, help you God. Yes, sir. Okay. Go ahead.

All right. Again, good evening and thank you for allowing me to speak. Like I said, my name is Dan Barnes. I'm the applicant and pastor of Eastgate Baptist Church located on Bar Salt Road. We are requesting a variance to replace our aging, partially non-functioning electronic message sign with a safer, more efficient and more uh aesthetically pleasing modern sign. Our intention is not to increase the impact on the community by adding more light, more distraction or anything that harms the residential surrounding, but we want to improve by adding safety, better communication, and a better appearance. Our our current sign is already legally in place at approximately 96 square feet and 20 feet tall. It is a failing electronical sign. It has uh been increasingly difficult to read and safety concerns. We are concerned of its safety because of its age and that's why we are choosing to replace it instead of repair it. The new sign allows for a clearer safety safer communication for events, a cleaner look with a modern dimming control, a reduction in height if desired by the board, better readability that actually requires less brightness to be visible. I understand the variance concerns regarding the square footage. While the sign increase increases from 96 to 160 square ft, the new sign is actually safer and more regulated than the old one. It includes, which the old sign did not have, old auto dimming, glare reduction, and improved technology. The new sign will be much easier to read because of the larger size and closer to eye level than the existing sign. Also, because the sign is more than 300 ft from the nearest homes, the larger sign will not have any more negative impact on any

neighborhood uh than the old existing sign. Actually, in my opinion, uh because of the dimming capability at night, it will actually have less impact to the nearest homes than the old sign. We fully agree with the zoning's recommendations, including having an automatic dimming and glare control, no flashing or fastm moving messages, a minimum of 5 seconds per message, compliance with all ODOT rules for I275 uh visibility. Uh we agree with the wrapping of the sign with a four-sided base using high quality material. uh landscaping at the base to enhance the appearance of the sign. Also, we want to be a good neighbor uh and we want to follow every guideline that you require from us. Our goal is to serve the community well. The sign will help us announce things like community events, free programs for families, children's activities, and special event services. We also would be willing to use the sign to broadcast Amber alerts, severe weather warnings, missing adult alerts, and possibly other township approved public safety announcements where people's lives are in danger. Our goal for the sign is to be a help to the community, not just the church. A clear, modern sign helps people safely see the message without distraction or glare. Therefore, I am asking the board to consider these improvements as a benefit to us, I believe, the neighborhood and community. We want the sign to be safe, beautiful, compliant, and helpful. I thank you for your consideration.

Any Hold on just a second. Any questions from the board? I think you've answered everyone that I really had. I mean, just Good. Thank you. Okay. Anybody else speak in favor? Is there anyone to speak against it? Jump up here. You can have a seat, sir. Thank you.

State your name, your address, and spell your last name. Uh, yep. My name's uh Gareth Gudger. Uh, last name spelled guerr. Uh, I'm at 4780 Timberol Road, Cincinnati, Ohio, 45244. I have one of properties. Okay. Raise your right hand. You solemnly swear testimony you're about to give is the truth, the whole truth, and nothing but the truth to help you God. Uh, yes. Okay. Go ahead.

I'm not necessarily opposed to the sign. Um, I am a little concerned that the sign is getting 60% larger. Uh, I am curious how what what the luminance was on the old sign. Um I I did look up the manufacturer of this new sign. It says it's about 8,500 nits, about 30,000 lumens. It's good if it has dimming capability. I am curious what that means compared to the old sign. How much brighter can the sign be? Especially when it's that much larger. So that's really my question is, you know, it's a larger sign, but how much brighter actually is it? And how far down can it dim to? How many lumens? And how's that compared to the old sign? Um, the only other piece I have is I wasn't necess the old sign's kind of fine as well. We generally didn't see it um until I think about the 2010 time frame when that lot and then the adjacent lot were completely uh turned from trees into a field. Uh previously we saw the sign maybe in the dead of winter when the tree you know the leaves were off the trees. Now we see, now we have direct line of sight to that existing sign, although not since it's broken. Uh we see it 24/7 from our bedroom. Um so uh that that's more of my concern is not necessarily about the sign, but now we have clear line of sight when when the old sign first went up, it was blocked by trees and now it's not. So that's all I have.

Any questions of the board? No. Okay. Thank you. Can you answer that question on the luminous? Uh, I c I can tell you that this gentleman is a neighbor across the highway 275 and the old sign was very bright at night. He actually said in the winter it lit his whole house up. Uh, the new sign, from my understanding, and I'm not I don't design that stuff, but my understanding is that it will dim significantly at night. Uh, and uh, I would even consider maybe shutting it off in the wee hours of the morning so it doesn't blind everybody or cause problems with the neighborhood.

Okay. Any questions? Okay. Thank you. Anybody else will speak against it? I just had a question. You can come up. State your name, spell your last name, and your address. Kyla Hucker. H U C K E R 1320 Minkx Drive. And my question was, I swear. Oh, yes. You saw the swear testimony. You're about to give us the truth. The whole truth or nothing but the truth.

Yes. Um the dimmer is that personally controlled or is it on a timer so if someone forgets or you know how I'm I'm not a big light fan just with night skies. And so I was curious about some of this language um and what that meant to the neighbors. Not my personally, but just how that works. That control feature. Do you know that that Denver is it automatic? It is automatic. Okay. Thank you. That wouldn't be something we could control. All right. Thank you. It's automatic.

And then they can talk to each other. Yeah. After the fact. And anybody else will speak against it? Okay. Questions or conversation of the board? Anybody [clears throat] have anything? No. I all the questions that they answered at least, you know, to my satisfaction. I think that uh I think the church is a good neighbor. I mean, based on, you know, what the pastor said, I don't see any problems there. There's an issue. I'm sure they're more than open to go talk, have someone come in and see them. So, would anybody like to make a motion?

Well, I' I'd like a What do we think about putting a And this I'm just asking this. What about a a type of a vegetation, some type of a buffer along along the road there? Would that would the elevation of you know those small those those tall pine trees something like that would that create enough of a buffer to satisfy uh the the folks on on timber null I mean it'd have to be a really tall one would it okay I yeah I okay kind of defeats can I say something to that yes sir

we also on the our original goal when we took the trees out so the church would be visible our original goal is to combine bark salt where we can with maple trees. And I've had somebody step forward that said that they'd be willing to do that. It would take a couple, you know, a few years, but those maple trees would eventually grow up. We want to make it as decorative as we can. Okay. It's just all about money. So, anything else? We have a motion.

I'd like to make a motion. Uh, let's see. Uh the board uh decision must be based upon the evidence, testimony, and findings of facts related to this case. I would like to make the following recommendations. Recommendation one. Are you going to make a what's the motion?

Oh, to approve. I'm sorry. Yes. To approve with with uh with this following steps. Uh step one is uh place the luminere uh on a a light level lumen foot candle emitting by uh proposed sign so it auto dimms has glare screen and does not create a nuisance uh or a visibility issue. to require all message and images on the EMC U electronic messaging center signed to be uh displayed for a minimum of 5 seconds and uh no uh and in no instance can a message or part thereafter flash on the message board. In addition to article 9 section 902 item two must adhere to this entirely. Uh three uh owner applicant must follow all applicable uh ODOT uh Ohio Department of Transportation regulations regarding the timing and lighting electronic message center signs along the roadways and road rideways. And finally, fourth, the exist uh the existing and proposed sign pole will be wrapped with four-sided base with materials that meet zoning resolutions definition for traditional highquality building materials up uh to the first 8 ft in height. Also, we recommend that there's landscaping and ve vegetation uh plants installed around the base of the uh sign as a buffer.

How about uh do we want it 20 ft or 18 ft? Thank you. That's just uh we want that at 18 ft. Okay. Anybody else have anything to add to it? No, sir. I'm good. Roll call. We need a sec. Wait, did we get a second? No, not yet. I'll second that. Thank you. Got a second. Okay. Roll call. Mr. Briscoll. I. Mr. Ford. I. Mr. McAdams. I. Mr. Kangro. I. Mr. J. I.

Motion passes. see the see the uh zoning board in case they have anything else for you tonight or No, just just get with me tomorrow or the next couple days. Are they going to turn that off like a certain hour every night? He said he would he would consider shutting it off in the we early hours of the morning. Oh, not like 10 or 11 at bedtime or for people. Nope. I I'll tell you I'll work with you. I don't I will if it's really a bother, I'll do what I can if that's fair.

Yeah. So, you just let me know. I think if you have those trees, okay, thank you. If you want to discuss it out there, that would be fine. Uh, anything else come before the board? I don't think so. Do have a motion to adjurnn. I make a motion to adjurnn. A second. Okay. Roll call. Mr. Briscoll. I. Mr. Ford. Hi. Mr. McAdams. Hi. Mr. Kangro. Hi. Mr. J. I. Push back pass. We are journ.