8 AUGUST 2006
7:00 P.M.


The meeting was called to order at 7:05 p.m. by Chairman William G. Syfert.


Members Present:        Tony Butrum, David Okum, Steve Galster, Tom
Vanover, Lawrence Hawkins and Chairman Syfert

Members Absent:        Robert Coleman

Others Present:        Jeff Tulloch, Economic Development Director
                Bill McErlane, Building Official
                Don Shvegzda, City Engineer
                Anne McBride, City Planner


Mr. Butrum moved to adopt and Mr. Vanover seconded the motion. By voice vote all present voted aye, and the Minutes were adopted with six affirmative votes.


A. Report on Council – no report
B. Zoning Bulletin - July 10, 2006
C. Zoning Bulletin – July 25, 2006
D. Board of Zoning Appeals Meeting Minutes – June 20, 2006
E. Planning Commissioners Journal – Summer, 2006


A. Map Amendment and Preliminary Plan for PUD – Golden Leaf Development – 414-460 West Kemper Road – tabled July 11, 2006

Mr. McErlane reported that the applicant e-mailed him to ask to be tabled until the September meeting. Mr. Galster moved to table and Mr. Vanover seconded the motion. By voice vote, all present voted aye, and with six affirmatives votes, the item was tabled to September 12, 2006.

B. Approval of Conditional Use Permit to Allow Outside Display – Lowe’s – 505 East Kemper Road – continued to August 8, 2006

Mr. McErlane reported that he received an e mail request asking for the public hearing to be continued until next month. He answered the e mail stating that it would be beneficial to have someone here tonight to make their case, particularly since they continue to be in violation.

Mr. Syfert asked if he is recommending that the commission agree to continue it. Mr. McErlane responded that the alternative would be to act on it in their absence, and I do not know that would necessarily be a good thing to do.

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Mr. Galster commented I am not opposed to allowing them one more continuance, but I think we should let them know that we would not do that beyond September, and that in the meantime they should be open to enforcement of the violations that they currently have. I will make that my motion. Mr. Vanover seconded the motion. By voice vote, all present except Mr. Syfert who voted no, voted aye and the item was continued to the September 12, 2006 meeting by a vote of 5 to 1. Mr. Syfert commented I think they have had enough time to take care of this.


A. Approval of Final PUD Development Plan – Chick Fil-A – 501 East Kemper Road

Joe Tribble of Storm Water Consultants in Columbus and Kristin Clever of Chick Fil A Atlanta approached the commission with their traffic engineer.

Mr. Tribble said we are proposing a 4,227 square foot restaurant with drive through. This is the same plan you have seen before. We have made a few revisions, and those are included, the elimination of two parking spaces to enhance the functionality of the drive through. We will be replacing all the dying trees along Tri-County Parkway and Kemper Road. We have resolved the traffic issues and made modifications to the striping for the Kemper Road improvement plan. We have prepared covenants between the City and Chick Fil-A.

Mr. McErlane reported we had a question about why the honey locusts needed to be removed, but their condition is not the best. We have a few comments on the covenants, just some text changes to make it read properly, and we had some comments (minor changes) from the law director.

Ms. McBride reported that the proposed building and parking lot layout meet the setback requirements and it exceeds the number of parking spaces required. The proposed drive through window has the minimum number of staking spaces required from the point of order without obstructing traffic or parking areas. They are proposing to place the waste enclosure and a 59-square foot storage shed in the southeast corner of the property.

he lighting would consist of a series of flat lens shoe box metal halide fixtures mounted on dark bronze poles at 20-6”. The code suggests poles a maximum height of 10 to 18 feet and an average luminance of 2.0 foot candles and a maximum luminance of 10.0 foot candles. Their plan shows an average luminance of 3.4 foot candles with maximum at 10.6 foot candles. Given the limited variance from the standards and the location of the site, staff finds this acceptable. Ms. McBride added they have addressed all staff comments on the landscaping plan.

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Ms. McBride added that on the signage they are entitled to 172.9 square feet. They are proposing signage on each of the four building elevations and a panel on the Lowe’s sign for a total of 231 s.f. That is somewhat over allowable, but given the location staff does not have a problem with it.

The building will be of brick veneer with “Cardinal Red” awnings and tan and burgundy vinyl stripes. They are proposing a vinyl aluminum awning on the drive through which will be red and illuminated with fluorescent lights. That is a concern.

I spoke with the architect today and he e mailed me a line of sight drawing (passed them out to the members). All of the Chick Fil A people have been first rate to work with.

Mr. Shvegzda reported that TEC did a traffic study and there was no significant degradation to the intersection of Kemper Road and Tri-County Parkway. On the southbound left turn lane into the site there was a 90 foot left turn stacking into that site. However the left turn storage bay was moved over, and what was required to be taken from the northbound and added to the southbound. Striping will be modified as part of the Kemper Road Phase III project, to be completed next year.

In talking to TEC, this is as much as we can do at this location. Any additional traffic would force that driveway to move further to the south.

On the storm water management, underground detention will be provided on the site. The existing 30 inch storm sewer will be used, and we need additional information that it has sufficient capacity.

On the covenants, there was an ingress/egress easement to be granted across the Lowe’s drive for Chick Fil A. We still have the of an acre that has not been dealt with.

Addressing the applicant, he asked if they had the water and sewer availability letters. Mr. Tribbe answered that those letters have been provided. There is an issue with Cincinnati Water Works and we will resolve that. We will have to design a plan for a water line. We do have the sanitary sewer approval.

Mr. Vanover asked if the next phase of the Cincinnati Water Works project was to take a 36 inch line back out through Tri-County. Mr. Shvegzda responded that it is under construction. We are approaching the area where they cross underneath the railroad track. It will be in the back area of the proposed Chick Fil A, and an easement was required for the construction of that.

Mr. McErlane added that Cincinnati Water Works has a policy that if you are developing along a roadway that does not have water on it, even if you are on a corner lot, they make the developer create a plan for a water line. That is the issue.

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Mr. Butrum wondered what the added traffic would do to the traffic on the opposite side of Tri-County Parkway? It is already a problem.

Mr. Shvegzda reported it does not have to do with the Chick Fil A site. What you have there now is two inbound and one outbound lane. The driveway will be reconfigured so that it will not make it any better, but we have the improvement on how the traffic will be able to turn because of the two lanes being available.

Mr. Okum said for clarification, if the parcel to the east were to be developed, something would need to be done. Mr. Shvegzda answered we are at the tipping point of traffic, so that would mean that traffic would have to be diverted to the south.

Mr. Okum commented their property line ends at Lowe’s parking lot, so is there something that Lowe’s could give up of the parking field? Mr. Shvegzda answered that is potentially what would have to happen. The common driveway would have to move south.

Ms. Clever added we are in the process of defining a legal description of the area. As of now, I do not know any additional plans Lowe’s would have for that property.

Mr. Galster said I have two concerns. One is parking. It seems like it is overparked. You are 16 spaces over what is required.

Ms. Clever reported we do not have any cross easement with Lowe’s, so we will need that to park our employees.

Mr. Galster said my other concern is the awning over the drive through. Is it critical to be lit and the color red?

Ms. Clever answered if it needs to be dark bronze, that can be done. The lighting is all down lit.

Mr. Galster said I would like to see a couple of the parking spots become landscaped islands. I think it is overparked.

Mr. Okum said I have to agree with Mr. Galster on the parking issues. I have no problem if you end up short on parking. You could come back to this commission for additional spaces. I would suggest you split the difference between the number of spaces staff says and what you say. I would like it if you could bring it down a little bit and increase your island area. Ms. Clever said we could add a landscaped island here and here (pointing to plan). Mr. Galster commented I would like to see the landscaped islands break up those long rows. The applicant agreed with this.

Mr. Vanover said I disagree with bronze for the awning. It would look like a bus stop. If illumination is a concern and if they maintain the red color, it would blend better than something that looks like a bus stop. I strongly disagree with the bronze.

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Mr. Vanover added on the parking, I have been to several Chick Fil-A’s and that was my biggest beef; we parked in Lexington in one of the neighbor’s stores three doors up and walked 75 yards. Lowe’s has made it plain that they do not want them cross parking on their lot. In the Chick Fil-A’s I have been in, parking is critical.

Addressing the applicant, Mr. Syfert asked if the red canopy was typical in the other locations. Ms. Clever confirmed this, adding that it is typical in all fast food restaurants.

Mr. Butrum asked the maximum capacity of the building, and Ms. Clever answered that there are 134 seats.

Mr. Butrum commented I don’t have a problem with the red awning since it is not translucent and there is no lighting hitting it. Mr. Okum added I don’t have a problem with the red awning as long as it is not translucent and is down lit.

Mr. Okum said I was more open to giving you the flexibility of choosing the parking areas and allowing you to come back for an increase at a later time.

Mr. Okum added I think this will be an asset there, and I think we can have a happy medium on the parking. I want a straw vote from the commission on the specific areas of the parking. Do all members agree that they could reduce their parking down by at least eight parking spaces?

Mr. Butrum responded I am not opposed, but they know their business, and I would hate to put a burden on them to make them replace those landscaped areas. Could we limit it some? Eight seems tremendous based on their knowledge of their own business. Based on what I have heard, I do not see a reason to push them below 65 parking spaces. I would suggest five.

Ms. McBride asked the applicant how many drive through cars go through in one hour and Ms. Clever answered 100. Chick Fil A has won an award for the best drive through in the nation.

Ms. McBride stated these people know their business in terms of minimum number of parking spaces. If they say 65, I would hold it to that.

Mr. Hawkins said I would leave it up to the applicant on what they need for parking. I also agree that it is not critical to add the islands if it would hamper their business in any way.

Mr. Galster said I am okay with the reduction of five.

Mr. Syfert commented it sounds like we are going to let them work with staff to decide where the five parking spots would be cut.

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Mr. Okum moved to approve the Final PUD Development plan for Chick Fil-A including:

1. Staff, City Engineer and City Planner comments;
2. Staff and Law Director’s approval of covenants;
3. Mechanical units shall be in staff and Planning Commission approved enclosure and screening;
4. Lighting and light fixtures shall be accepted as submitted;
5. Drive through awning on the building shall be non-translucent and contain down lighting only.
6. Parking area shall be reduced by five parking spaces clustered increasing green space.
7. Landscaped islands to be on the east and west side.

Mr. Butrum seconded the motion.

All present voted aye, and the approval was granted with six affirmative votes.


Mr. Syfert asked how the sign committee was progressing and Mr. Galster reported that they met prior to Planning Commission tonight. We have preliminary thoughts, and we will get input from the staff and legal director. We hope to have another meeting next Tuesday night before the Board of Zoning Appeals meeting.



Mr. Butrum moved to adjourn and Mr. Galster seconded the motion. By voice vote, all resent voted aye, and the Planning Commission adjourned at 8:00 p.m.

                    Respectfully submitted,

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                    William G. Syfert, Chairman

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                    Lawrence Hawkins III, Secretary