Loading...
HomeMy WebLinkAbout133-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 133-98 Ordinance No.---------------------..__ Passed------- ------------------------------------------19------ ANORDINANCE AMEI~IDING SECTION 153.031 OF THE ZONIl~IG CODE TO PL~'1tMIT OFFICE USES W1THir1 THE RI, RESTRICTED INDUSTRIAL DISTRICT WHEREAS, there aze numerous buildings in the City that aze zoned RI, Restricted Industrial District and aze used for offices as accessory uses, non-conforming uses, etc.; and WHEREAS, it is the desire of the City of Dublin to find a permanent solution for reusing existing office facilities in the RI, Restricted Industrial District, and; WHi+:RF.AS, Dublin City Council addressed this issue temporarily on the Pharmacia site by permitting office use by motion; and WHEREAS, the Community Plan's Future Land Use Plan considers office, research and development, and light industry to be compatible uses; and WHEREAS, the current Code allows office and institutional uses as conditional uses within the Limited Industrial District; and WHEREAS, conditional uses have been established to properly regulate uses under the , Code that may have a significant impact on the surrounding azea even though they may be consistent with the zoning objectives of a district; and WHIItEAS, a conditional use designation allows for a public hearing to be conducted by the Planning and Zoning Commission to determine if, and under what circumstances, such conditional use(s) may be appropriate, including measures for mitigation of any expected impacts on the azea or community; and WHEREAS, periodic amendments to the Planning and Zoning Code aze necessary to provide for the needs and desires of the community and to protect the health, safety and welfare of the residents; and WHEREAS, the Planning and Zoning Commission reviewed this proposed Code amendment on December 3, 1998 and has recommended approval. NOW, RE, BE IT ORDAINED, by the Council of the City of Dublin, State ~ of Ohio, of the elected members concurring that: SECTION 1. That the following section be added to the Restricted Industrial District: Section 153.031(B)(3) Administrative of~`ices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions developed in accordance with the provisions of this district. SECTION 2. This ordinance shall take effect on the earliest date permitted by law. ~""~. Passed this J~~ day of , 1999 Mayor -Presiding Officer j ~ 1 hereby certify that copies of this Ordinance/ Attest: City of Dublin in accorconce with S i ~ o I P ect on 731.2525 o Ohio g y ised Code ~//9s~' Cier~ Council, Dublin, Olio Clerk of Council Sponsor: Planning Division /., CITI' OF DUBLIN Divtsioa of Plar~iiy 5600 Skkr-Rigs toad Ohio 13016-1236 D: 611-161~6SS0 fmc 611-1611566 Mbb Si1K Nww.dubRn.oh.us DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION December 3, 1998 The Planning and Zoning Commission took the following action at this meeting: 5. ~~ "Code Amendment 98-124ADM -Restricted Industrial District Request: Amendment to the Zoning Code to include office as a conditional use within the RI, Restricted Industrial District (Section 153.031). . Applicant: City of Dublin, c/o 1'im Hansley, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. MOTION: To approve this proposed code amendment because it provides a permanent solution for reusing existing office facilities in the RI District and furthers the Community Plan goal of mixed use development with an employment emphasis. VOTE: 6-0 RESULT: This Code amendment will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION D. Talentino Planner /IS SUBMITTED TO COUNCIL "12~S~Z"ROR MEETINti ON ~~~~ .•r Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 18 Mr. McCash made a motion for approval with five conditions: 1) That all dumpsters be screened to fully comply with the Code; 2) That the leaf decoration be removed from the facade, and that any replacement be subject to staff review; 3) That all dead, dying or missing landscape planting be replaced by April 15, 1999; 4) That the vertical copper elements be lighted with a single white neon tube; and 5) That the rear doors, downspouts, service boxes, and associated piping be painted out to match the adjacent building color. Mr. Long agreed to these conditions. Mr. Sprague seconded the motion, and the vote was as follows: Mr. Fishman, yes; Mr. Lecklider, yes; Mr. Harian, yes; Mr. Eastep, Yes; Mr. McCash, yes; and Mr. Sprague, Yes. (Approved 6-0.) Mr. McCash made a motion to forwazd a recommendation to the Board of Zoning Appeals regazding pending sign variances: "The three joint identification signs be retained and refaced, but there is no hazdship to support the tenant sign panels on the bell tower." Mr. Sprague seconded the motion, and the vote was as follows: Mr. Fishman, yes; Mr. Lecklider, yes; Mr. Harian, yes; Mr. F.astep, yes; Mr. Sprague, yes; and Mr. McCash, yes. (Approved 6-0.) Mr. Lecklider thanked Ms. Wingenfield. He also thanked Mr. Long for his patience. 5. Code Amendment 9&124ADM -Restricted Industrial District John Talentino was the planner for this Code Amendment, but he gave no formal presentation. Mr. McCash said office makes sense, and is adown-zoning, in an industrial district. He had no problem having office uses within a Restricted Industrial District areas. Ms. Clazke said virtually all the permitted uses in the Restricted Industrial District are awful. If office use is requested in the RI zone, the owner is forced to rezone the land. For the municipality, rezoning is a good thing because Dublin wants the old industrial zones to disappeaz. On balance, this code amendment malaes the old industrial district more usable, which is not good. However, the Zoning Code will be totally revamped starting in 1999, and this is a temporary fix. Mr. Sprague said developers can apply for a Restricted Industrial District to be rezoned for office. Ms. Clarke said rezoning is not always easy, and she cited the SupeAmerica site. Mr. Fishman was not in favor of this amendment because it will allow someone to go into the Avery Road industrial area and build an office. Ms. Clarlae said, buildings such as Adria Labs were built predominately as office structures as part of a testing laboratory complex in the Restricted Industrial District. However, when the lab moved out, office use was not permitted in the office building because it was no longer an accessory. The staff denied a building permit to someone who wanted to rehab the space for AS SUBMRTED TO COUNt:IL ~ FOR MEETING ON .. ~~.~`'C"""" ~~.~. ..~ Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 19 office use. Council, by motion, decided to permit office uses at Adria site. This was only a temporary fix of the problem. Ms. Clarke said staff would like this code amendment approved as a temporary measure until the Zoning Code is revised. Mr. Fishman wanted the conditional uses for office use to expire after one year. Ms. Clarke said an office building built under a conditional use cannot be removed after one year. Mr. Fishman understood. Ms. Clarke predicted that revising the Zoning Code would take more than a year. Mr. Lecklider had no problem with this Code Amendment. Mr. McCash made a motion to approve this proposed Code Amendment because it provides a permanent solution for reusing existing office facilities in the RI District and furthers the Community Plan goal of mixed use development with an employment emphasis. Mr. Sprague seconded the motion, and the vote was as follows: Mr. Fishman, yes; Mr. Lecklider, yes; Mr. Harlan, yes; Mr. Eastep, Yes; Mr. Sprague, Yes; and Mr. McCash, yes. (Approved 6-0.) The meeting adjourned at 12:10 p.m. Respectfully submitted, Libby Farley, Planning Division Secretary AS SUBMI?TED TO CAUNCtt. // /1 WR MEETiN6 ON _~ ~L~~ ,,.. Planning and Zoning Coi. .salon Staff Report -December 3, 1998 Page 18 CASE 5: Code Amendment 98-124ADM -Restricted Industrial District APPLICANT: City of Dublin, c/o Tim Hansley, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. REQUEST: Amendment to the Zoning Code to include office as a conditional use within the RI, Restricted Industrial District (Section 153.031). STAFF CONTACT: John Talentino, Planner. BACKGROUND: In April, City Council directed staff to recommend a course of action to find a permanent solution for reusing existing office facilities in the RI, Restricted Industrial District. After considering numerous options, staff is recommending to amend the Zoning Code to allow administrative offices as a conditional use within the RI District. The proposed Code amendment will not change any of the current development standards required in the RI District. The Planning Commission is tb review and make recommendations to City Council on proposed amendments to the Zoning Code. After a formal recommendation from the Commission, the proposed ordinance will be forwarded to City Council. The first reading is tentatively scheduled for December 7, and the second reading (and vote) should be in January. If approved by Council, the revisions will go into effect immediately in accordance. with the City Charter. CONSIDERATIONS: • The RI, Restricted Industrial District (Section 153.031 of the Zoning Code) permits a variety of manufacturing and wholesaling uses. Conditional uses include research, development and testu-g laboratories, plus the permitted uses of the LI, Limited Industrial District (Section 153.032). Office uses are currently not permitted within the RI District. • Conditional uses are established to give the City the ability to properly regulate uses that may have a significant impact on the surrounding area even though they may be consistent with the objectives of the zoning district. • The Community Plan recommends amending the Zoning Code to update it and to facilitate mixed-use development. Within the Mixed Use-Employment Emphasis- classification in the Future Land Use Plan, office, research and development, and light industry uses are considered to be compatible uses. • The proposed Code amendment will allow administrative offices as a conditional use, and will require all of the current RI District development standards to be met. The minimum required side (and rear) yards in the RI District are one-third the sum of the height and depth (width for rear yards) of the structure, but not less than 50. feet from any residential zoning district or planned development disdrict. The Planning Commission will determine if a conditional use proposal is in keeping with the existing land use character and development potential of the area and in accord with plans for the area. The Commission may require modifications to the proposal to prevent undesirable effects on adjacent property and the surrounding area, however,the Commission does not review the design of the projoct. Staff considers administrative office uses to be consistent with the objectives of the RI District. AS SUBMITTED TO COUNCIL ~2 ~ 8 Foa MEETINt3 oN ~ 5 q Planning and Zoning Con. asion Staff Report -December 3, 1998 Page 19 STAFF RECONIlViENDATION: Staff recommends approval of the proposed amendment. 1) The proposed Code amendment provides a permanent solution for reusing existing office facilities in the RI District. 2) The proposal furthers the Community Plan goal of mixed use development with an employment emphasis. AS 5UBM17TED TQ COUNCtt,. ~L~G~~.FOR MEE1`ING ON -..~~ PROPOSED TEXT LEGEND -Underlined text = proposed amendments § 153. 031 RFSTRICTED INDUSTRIAL DISTRICT. (A) Pe»nitted use. The following uses shall be permitted in the Restricted Industrial District: (1) Manufacturing. 204 Canning and preserving fruits, vegetables and sea foods (except canned and cured sea foods and fresh or frozen packaged fish) 205 Bakery products 2071 Candy and other confectionery products 231 Men's, youths' and boys' suits, coats and overcoats 232 Men's, youths' and boys' furnishings, work clothing and allied garments 233 Women's misses' and juniors' outerwear 234 Women's, misses, children's and infants' undergarments 235 Hats, caps and millinery 236 Girl's children's and infants' outerwear 237 Fur goods 238 Miscellaneous apparel and accessories 239 Miscellaneous fabricated textile products 271 Newspapers: publishing, publishing and printing 272 Periodicals: publishing, publishing and printing 273 Books 274 Miscellaneous publishing 275 Commercial printing 276 Manifold business forms manufacturing 277 Greeting and manufacturing AS SUBMCiTED Tp GOUNCtL `~~ ~z~ FOR MEETING ON .._ 5 9 278 Bookbinding and related industries 279 Service industries for the printing trade 283 Drugs 314 Footwear, except rubber 315 Leather gloves and mittens 316 Luggage 317 Handbags and other personal leather goods 323 Glass products, made of purchased glass 366 Communication equipment 367 Electronic components and accessories 381 Engineering, laboratory and scientific and research instruments and associated equipment 382 Instruments for measuring, controlling and indicating physical characteristics 383 Optical instruments and lenses 384 Surgical, medical and dental instruments and supplies 385 Ophthalmic goods 386 Photographic equipment and supplies 387 Watches, clocks, clockwork operated devices and parts 391 Jewelry, silverware and plated ware (2) Wholesaling. 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and related products AS SUBMITTED T~0 t;dUNCIt. ~2 B ~oR MEETaNO oN ~,!.~'~`~... 506 Electrical goods 507 Hardware and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 5094 Tobacco and its products 5095 Beer, wine and distilled alcoholic beverages 5096 Paper and its products 5097 Furniture and home furnishings (B) Conditional use. The following uses shall be allowed in the Restricted Industrial District, subject to approval in accordance with §153.236 (1) Laboratories. 7391 Research, development and testing laboratories. (2) Other industry. Permitted uses of the Limited Industrial District developed in accordance with the provisions of this district. (G~ DeNeiopment standards. In addition to the provisions of §§153.070 through 153.076, the following standazds for arrangement and development of land and buildings aze required in the Restricted Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yazd space required by these development standazds and the following provisions: (a) A use allowed in this district shall operate entirely within an enclosed structure, emitting no dust, smolae, noxious odor or fumes outside this structure, and producing a noise level audible at the property line no greater than the average noise level occurring on any adjacent street. (b) Open service areas and loading docks shall be screened by walls or fences at least six feet but not more than eight feet in height. These walls or fences shall have an opaqueness of 75 9b or more, so as to effectively conceal service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. pS ~Ut3MITT~0 TO C®UNCitw / ~ 8 Foy M~En~aG ors ~~// ~~~~ (2) Lot width. All lots shall abut a public street and have adequate lot width to provide the yazd space required by these development standazds. (3) Side yards. For main and accessory structures, including open service and loading areas, the required side yazds shall not be less than one-third the sum of the height and depth of the structure, but in no case shall be less than 15 feet from any residential zoning district or planned development district as listed in § 153.016. (4) Rear yarrJs. For main and accessory structures, the required rear yazds shall be not less than one-third the sum of the height and width of the structure, but in no case shall be less than 15 feet from any interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. ('80 Code, §§ 1169.01-1169.03) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999 ~~~ -.~, r ~~-.•-1~~ SCHC~TTENSTEIN, ZOX ~ DUN ~~~~, ),~`~ --exx~- ~` _- _. ..~ A Legal Professional Association MITCHELL H. BANCHEfBKY 814/482.2274 E-I.I~K: tANCNErM@uo.toM Mr. Timothy C. Hansley City Manager City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Tllli HUNTIN(ITON CIiNT1iR BANK UNIT TQWIiRS 4I S011T'll HIGH STREET " CDI.UMUUS, OIIIO 431 15-61 O6 8044 MONTCOMIiRY ROAD, SUITE 700 TELEPHONE 614/462-2700 " FAx G 14/462-5135 CINCINNATI, OFIK) 45236-292G WE6SITE: WWW.SZD.COM TELEPHONE 513/792-2730 November 3, 1998 I '~ ~)'~ 519 { ~~' NaV t,11.1 Re: Pharmacia Redevelopment Dear Tim: On October 29, I attended a meeting with Bobbie Clarke, Mary Bearden, Ben Hale and two representatives from Pharmacia regarding their efforts to lease the former Pharmacia facility. The Pharmacia representatives indicated that while they were very appreciative of the City's efforts to allow them to utilize the space for purely office purposes (which arguably is contrary to the Restricted Industrial (RI) zoning classification on the site), they indicated that since this was done only via Council motion, their level of comfort was significantly lower than were this action to have been. taken via ordinance. We discussed numerous options including rezoning the propertyto a planned district or waiting until the comprehensive review of the zoning code is completed. However, they indicated that time was of the essence in terms of being in-.a position to lease out the facility, which they indicated was already difficult enough due to the relatively unique space layout and square footage on each floor. Additionally, they indicated that while aone-user tenant who would occupy the entire facility was preferable to all parties concerned, their efforts along those liries to date had been futile. As such, they were actively looking for multiple office users to lease out the remaining space. After thoroughly discussing all of these issues and options, we reached what was in my opinion the simplest and most straight fonivard conclusion, which would simply be to amend the RI zoning district to include office use as a conditional use. The obvious benefits of such an approach are as follows: (1) it is as quick and simple as any zoning procedure in the City; (2) it legally provides for adown-zoned use of the property; (3) it allows a limited review by the City as a conditional use; and (4) it 98-124ADM Code ~ ~~~~,~~~ Restri ted ustrial District SCHOTTENSTEIN, ZOX b DUt A Ltga! p~ojesslonal A.uocladon Mr. Timothy C. Hansley November 3, 1998 Page 2 resolves what the property owner views as unfinished business in terms of Council formally approving via legislation, office use on the site. In terms of how best to present this proposal, it was suggested that it could be added to your list of unfinished business for Council to address prior to your move to sunnier climes. Additionally, characterizing it as unfinished business. and passing a very minor amendment to the Zonin Code seemed to be the most efficient method to in effect 9 legitimize office uses on the site, which if viewed honestly, have been the primary use on that site for many, many years. As indicated above; by the end of the meeting.everybody :was~very much in favor of proceeding in this manner. After you have had an opportunity to review this memo, please contact me to discuss this further. Sincerely, i~ Mitchell H. Banchefsky cc: Richard B. Helwig Mary Bearden Barbara Clarke F:\SZD\BANCHEFMIOUBLIN\HANSIEY.LET(11-2-98, 02:30 pm) 98-124ADM Code Amendment Restricted Industrial District ~"" --4~~~~2"'"~=~`°' FAR ~~ ~~ _~~~~ !~ NOY-16-98 WED 2;O1 PIf DUBLIN CITY COUNCIL PAX N0. 6147616590 P, 2 ~`ECORD OF PROCE!• 11NGS Minutes of Meeting .::.. `. Help wnn720.1998 ~g +~ Mre. Boring withdrew her motion ~: Mr. Adamek withdrew his saoond. •: Mayor Krauatuber moved to approve a modified Alternate B as aurnn-arized by Mr. ~. McCash. Mr. Petersat seconded the motion. • Ma. Boring requested that a dollar limitation be added for this ahernate. Mayor Kranstuber clarified that the preferred alternate includes the addition of two trees oa the south side of the existicig Molding, ~ Mr. He]w1Q stated that staff s cost esthnate for the alternate as modified would be • appt+oximately 571,000,•but ataffwould agree that in any osse, the cost would not exceed . 575,000. Vote on the motion - Mr. Reiser, yes; Mr: McCash, Yea: Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranatubar, yes; Ms. &de Pittalugar yes. Pharm era B ail ins Q~~~ .me Mr. McCaslt stated that this hem is not on tonight's but it needs to be addressed. He moved to directt the City Manager to work with Arbor Aeahh Care and Pharmacia to identify a temporary mlution to allow s portion of the vacant Phermacia buildutg to be occupied for office purposes, and to have staff report back to Counal with a course of action to find a pamanent solution to this situation. Mr. Adamek seeded the motion Vote on the motion - Mr. McGsh, yea: Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes: Mrs. Boring, yq; Mr. Adamek, yes; Mr. Peterson, yea; Mr. Reiner, yes. Gonneh Ronnd Table~Gemmittee R~erts i; ML.BpIGt;L Comrmmity Development Committee reported that that' reviewed the ~; atormwater report fom• Camp, Dresser do McKee at their last meeting and an ordinance ~~ will be brought to Courta~ soon to adopt a stormwater policy. noted she has several concerns related to spring cleanrup in the city: 1) Installing a "no outlet" ~ at Ashbaugh Road; . 2) Repairing the curb and steps at Bridge and 257; and 3) Deterring heavy equipmem and trucks from using Muirfield Drive with sigange. Discussion followed Staff will report back to Council regarding the weight capacity for the city roads and legal issues of imposing weight limitations on truck traffic. l~t..$~ thanked Mr. Kinds and his staff for their work on the stormwater management program. The Community Development Committee was very impressed with the report. Mrs. Bonne moved to direct the City Manager to have staff assemble the following information: 1) ]~dantify those areas in Dublin that are available for retard development; 2) Identify the impact that regional retail development has on a community the size of Dublin; :r ~~ 3) Prepare ncommendationa for City Council that wand allow Council to control 'j regional retard development through, the use of planning tools, architectural rtandarda, etc. 4) Ask Legal staff to address aU the legal issues on this subject as well as drafting the i, reaohrtion fora 9o day moratorium to study and implemem the goals that Counca7 may ;~ direct as a result of the tvailable information i° Ms. Aida Pittaluga seconded the motion. ~~ Mn. Boring requested that this information be assembled for the May 4 Couna'1 meeting. • Vete en the motion - Mr. McGsh, yes; IVlr. Petesson, yea; Mayor Kranudrber, yes; Ma. Aide Pittaluga, yes; Mrs. Boring, yes; Mr, Adamek, yea; Mr. Reins, yea. .~ ;; ~~ ~:~~ ~~~