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HomeMy WebLinkAbout06-04-01 CDC MinutesDublin City Council Community Development Committee ZO1ViNG CODE REV~w Monday, June 4, 7:Oa p.m. Council Planning Room Attending: John Reiner, Chau- Greg Peterson Bob Adamek (excused) Cathy Boring Jim Sprague Brad Johnson, consultant, Ratio Architects Allen Weinstein, attorney, consultant to Ratio Architects Staff: Jennifer Readier, Assistant Law Director Barbara Clarke Gary Gunderman Mary Newcomb Paul Hammersmith Dave Marshall Greg Jones Anne Wanner Warren Campbell Flora Rogers Becca Moehring Diane Madden Resident: Chris Cline Mr. Reiner called the Community Development Committee meeting to order at 7:00 p.m. Mr. Johnson stated that tonight is the final session for the committee's review of the draft Zoning Code. The committee's work will be incorporated into the draft, along with remaining material from staff and the legal department. Anew draft will then go to Planning and Zoning Commission for review. ARTICLE 1: BASIC PROVISIONS. No comments/changes. ARTICLE 6: ZONING h•IAP Mr. Johnson stated that this recognizes the zoning map, addresses its interpretation and makes legally binding to this document. It also addresses how to apply the overlay districts. ARTICLE 12: NONCONFORMING STRUCTURES, LOTS, AND L1SES Mr. Reiner inquired if information is missing in the "Nonconforming Uses" section. Ms. Clarke stated that whatever happens in this section has to be coordinated with 1.13, which is the Transition Rules in Article 1. Mr. Johnson pointed out that this recognizes the 50% threshold of legally nonconforming use. If more than 50% of a structure's value is damaged/destroyed, it loses its nonconforming structure classification and would have to be rebuilt. He noted that the lanauaae reaardui~ anv possible expansion was removed. Ms. Clarke stated that, "It is what it is." She clarified that the structure can be expanded, but the nonconformance cannot be expanded; it has to expand in a way that conforms. Any new structure would have to conform with the new standards. Mr. Johnson will add language to that effect. Zoning Code Review Team June 4, 2001 Page 2 Mr. Marshall inquired if there is any need to determine how fair market value will be established for these structures -- perhaps take the average of three appraisals? There ought to be something in the Code that establishes a procedure that can be used as a rationale, should it be challenged in Court. The Court usually wants to see the procedure followed in making a determination. Mr. Weinstein stated that 50 percent of the structure destroyed might be easier to determine and prove in Court than market value. Mr. Reiner requested Ms. Clarke to review the issue. 12-& Nonconforming_Signs Mr. Campbell inquired about clarification of nonconforming signs, such as trifold signs. Mr. Weinstein inquired if there is existing, nonconforming outdoor advertising. Ms. Clarke stated that there are several in annexed areas, and the City may yet pick up some more. Mr. Weinstein stated that they will add language to cover that area. Mr. Jones requested that the clarification of standards for the following three items be made at the initial point of listing, rather than "below," as presently indicated: (a) in 12-6a, (b) in Item C, and (c) in section 12-7B. 12-9 Annexation and Nonconforming Uses. Ms. Clarke stated that this seems to read that illegal, nonconforming uses, become legal and nonconforming uses as part of the annexation. Mr. Weinstein stated that they will add the word "lawful," and clarify the wording. ARTICLE 14 PROCESSES, PERI~9ITS AND FEES Mr. Johnson stated that actual fees are not listed. It cross-references the Fee Schedule, to allow for updated information without amendment of the Code. It also covers all the major processes pertaining to this Code, which will meet the needs of the one- stop shopper. Criteria for ApprovallDisapnroval of an Application Mr. Sprague stated these hardship standards are basically what the City has in place now. Discussion continued re. practical difficulties issues. Ms. Readler stated that the Law Director issued a memo and assisted the B.Z.A. with application of the practical difficulties standard. In a citizen's challenge of the Code, it is very difficult to plead ignorance. 14.40 Sign Permits Mr. Marshall requested that clarification be made that sign permits are not issued through the Building Permit window. Ms. Clarke requested the consultants to clarify. Article 15 -Enforcement and Penalties 15.2 Mr. Jones requested that the first sentence be revised to read, "V iolations may be observed by the public and reported to the Planning Director." In the following sentence, replace the verb "may" to "will." Zoning Code Review Team June 4, 2001 Page 3 Mr. Weinstein stated that he has a concern about the City being required to investigation all malicious complaints. Mr. Jones stated that he doesn't have the option of not investigating complaints. Discussion continued re. complaint scenarios. Consensus of the committee was to replace the word "may" with "will." 15.3 Remove the designated agent sentence. 15.5 Remove the first sentence, "The following activities shall be deemed minor misdemeanors. Mr. Sprague stated that the level of offense needs to be known. If that information is not provided here, then across-reference to a source of that information needs to be provided Ms. Clarke stated that the list of offenses should include ignoring a stop work order. Mr. Weinstein stated that Item M covers that. Mr. Jones stated that Building Codes covers this issue. Ms. Clarke stated that their division cannot use the Building Codes as its authority. She requested the consultants to add the necessary language specifically addressing the stop work order. Mr. Jones stated that the offender is subject to arrest. Discussion continued regarding warning and enforcement procedures. Mr. Weinstein advised additional legal study on this matter. What can seem to be a simple City policy can transform, because of Federal civil rights laws, into a Federal civil rights lawsuit. Mr. Readier stated that it would be difficult to prosecute someone who speaks Spanish or who might lose his job, if he does not follow orders. Mr. Peterson stated that this covers flagrant, repeated violation. Stop work orders are to cover dangerous situations. If it is a serious, unsafe situation, the City is obligated to act. The ultimate ability to stop the situation is inherent in the ability to enforce the Code. Continued violation of an order that the offender has been made well aware of should be addressed. Mr. Johnson will list this violation in a section entitled "Special Violations," and list a procedure specific to this. Ms. Clarke stated that a stop work order is usually related to a health, safety, and welfare situation. Mr. Johnson stated that the work order shouldn't be written to cover only those situations. 15.7 Remove "minor" and leave it simply as a misdemeanor. Mr. Weinstein stated that there should be across-reference at this point to a specific list of violations. 15.6A Replace "shall issue" with "may issue." Mr. Weinstein suggested that this item be reworded to include all three types of possible notices or responses to the violation. Ms. Clarke agreed. 15E. In last sentence, replace "noticed" with "notified." 15-11 Spell out O.R.C. to Ohio Revised Code. 15-9 Appeals or Trials. Zoning Code Review Team June 4, 2001 Page 4 IVIr. Jones asked if the individual also has the right to appeal to City Council, as well as the Board of Zoning Appeals. Mr. Weinstein that the B.Z.A. is a more appropriate body to conduct that type of review than for the legislature to act aquasi-judicial body. The petition is for extraordinary situations. Ms. Clarke stated that anybody can go before City Council to complain at any time. However, the legal process ofthe appeal is B.Z.A., then Court. ARTICLE 16 DEFINITIONS. Delete definition entirely for "Fence, partially open." Ms. Clarke inquired where the measurement of building height is defined. A diagram indicates the measurement, but there is no definition. Mr. Johnson stated that it is under structure height. He will add across-reference to make it user- friendly. Mr. Sprague requested that the language for Sexually Oriented Picture Theater be tightened up, fine-tuned to prevent later mischief. Mr. Weinstein will draft a better definition for the Law Director's opinion. Mr. Jones asked them to define "designated agent." Mr. Johnson stated that they would replace the team "designated agent" in Article 15 with "property owner." IVIr. Johnson inquired if citations are written for tenants, as well. Mr. Jones indicated that they are. Mr. Johnson will retain that term. Mr. Marshall stated that he will forward additional definition revisions which staff has noted to the to the consultant. Mrs. Boring requested that the responsibility of the co-applicant be clarified. They often indicate that they are not empowered to commit to a decision on the applicant's behalf. Discussion continued. Ms. Clarke stated that this problem is commonly encountered when a tenant makes an application. However, there may be a Code compliance issue outstanding on the site, which only the property owner can address. It is a land use issue; the responsibility is the landowner's. The landowner did have to sign the application, before the case was accepted. Discussion continued. Mr. Weinstein suggested that both parties be required to attend the hearing. Ms. Clarke inquired about the correct method to require that. Mr. Weinstein stated that all communications regarding the appeal process should indicate that requirement. The enforcement is that no action is taken by the City until the property owner is present. If the tenant puts pressure on the property owner to attend, that is an economic incentive to the owner. Zoning Code Review Team June 4, 2001 Page 5 Mr. Reiner requested that the definition for applicant in Article 14 be redefined, and that the definition be clarified on all forms. Ms. Clarke stated that it would be preferable to cover this in the Code. Mr. Johnson stated that clarification will be made that the decision-makers must be present for the case to be heard. 16-14 Floodway Plus 20 - In second line ofthat definition, replace "flood plain" with "floodway." Ms. Clarke inquired the meaning of "sloped height," in determining structure height. Mr. Johnson stated that it would mean established grade. Mr. Marshall correlated this to the sign code, which indicates established grade. Mr. Reiner stated that the street could be used as the reference. Ms. Clarke inquired about a "hard surface." Remove brick and paving block from the exemptions. Include cobblestone and granite. Mr. Marshall stated it is wise to control the specifications for paver. 16.14 Mr. Marshall asked that "group home" be cross-referenced to "fair housing facility" Mr. Hammersmith requested that "registered" be used with the surveyor or engineer title. Mr. Jones inquired about clarification of "home occupation" definition. Ms. Clarke stated that the professions aren't listed, just a guideline for activities. Mr. Jones stated that the Code doesn't specify how much traffic, trips/day, is acceptable. He pointed out that, as it is, it is unenforceable. He suggested that instead of trips/day, it could be tied into the customer base. Discussed the option of having different classifications for home occupations, Home Occupations I and II. Home Occupation I generates no traffic and should not necessarily require a permit. Home Occupation II does generate traffic and it would involve a permitting process. Staffwill give further consideration to the option of having two classifications. Ms. Clarke stated that Mr. Seidel has been working on engineering standards, so there are additional requirements that the Committee has not seen. Do they want them incorporated into the new draft, which will go to the Planning Commission, or does the Committee want to see that section first? Mr. Reiner responded that he would leave that to Ms. Clarke's discretion; if she believes the Committee should review them first, forward them to the Committee for review. Mr. Reiner adjourned the meeting at 9:15 p.m. Assistant Clerk of Council