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HomeMy WebLinkAbout42-09 OrdinanceRECORD OF ORDINANCES Dayton Leeal Blank. Inc. 42 -09 (Amended) Ordinance No. Passed 20 AN ORDINANCE AMENDING SECTION 153.002 AND CREATING SECTION 153.099 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING OUTDOOR SEASONAL PLANT DISPLAY AND SALES (CASE NO. 09- 045ADM) WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.002 and other sections of the Dublin Codified Ordinances contain information related to outdoor sales in the City of Dublin; and WHEREAS, the purpose of this Code amendment is to provide for certain regulations related to requirements for outdoor display and sales within the City; and WHEREAS, the City desires to create regulations that permit Outdoor Seasonal Plant Display for retail business in the City, after review and approval as part of the development review process; and WHEREAS, the Planning and Zoning Commission reviewed the Ordinance on July 9, 2009, and recommends the adoption of the Ordinance because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THYREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1 . Chapter 153.002 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.002 DEFINITIONS. OUTDOOR SERVICE FACILITY. An area that is not fully enclosed by solid walls and roof and where services are rendered or goods are displayed, sold, or stored but does not include Outdoor Seasonal Plant Display. For purposes of this section, outdoor service facilities include, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and stand -alone parking lots, OUTDOOR SEASONAL PLANT DISPLAY. An area adjacent to a retail business that displays live garden plant material as an accessory use for sale by the adjacent principle retail business. Display may include live plants /such as flowers, and trees suitable for planting or landscaping. Section 2 . Chapter 153.099 of the City of Dublin Zoning Code is hereby added and shall provide as follows: § 153.099 OUTDOOR SEASONAL PLANT DISPLAY. (A) Purpose. Regulation of live seasonal sales items, such as flowers and plants that may be offered for sale. Outdoor Seasonal Plant Display may be approved in accordance with this Section for any approved retail location in the City of Dublin regardless of the current zoning classification or applicable regulation in effect prior to the effective date of this Section. (B) Permit. All persons conducting Outdoor Seasonal Plant Display shall be required to obtain an Outdoor Seasonal Plant Display Permit from the Director of Land Use and Long Range Planning or designee. Permit applications shall include, RECORD OF ORDINANCES 42 -09 Amended Page 2 of 2 Ordinance No. Passed 20 at a minimum, a written description and site plan drawn to scale indicating the location and type of plant material and dates of sale /display. (C) An existing retail business may conduct Outdoor Seasonal Plant Display and sales between March 1 and November 1 each calendar year providing that the following criteria are met: (1) Contain no hard material for sale such as plastic, metal, or wood, except for display racks, shelves, plant containers, and furniture and equipment necessary for transacting sales. All items for sale must contain a live plant with soil material. (2) Display must be totally contained within the area approved in front of the building fa9ade containing a major entrance and shall not extend beyond the side of the building defining that fagade and not be placed in such a manner as to interfere with pedestrian ingress and egress to the business or adjacent properties, nor effect travel lanes or required parking spaces. At least five feet of clear passage along sidewalks and paved areas adjacent to the display shall be kept open for pedestrian travel. The Director may modify these requirements upon a finding that a proposed location does not unreasonably impair pedestrian or vehicular movement. (3) Display shall not exceed the reasonable capacity of the space available. No display area for a single building or tenant space shall exceed 1,000 square feet in area. (4) All display racks, shelves, plant containers, furniture and equipment must be removed no later than November 1 of the approved year or when the use is discontinued. (5) Signs shall only display the name and species of the material and the price of items for sale and no sign shall be larger than 94 square inches. (6) Approval may be revoked at any time and use shall be discontinued immediately if it is determined that the applicant is in violation of this Section. (D) These restrictions shall not apply to garden centers /stores accessory to a permitted use and to the storage of materials accessory to and typically found in these uses, provided the materials are located at the side or rear of the principal building and are contained within and screened by a decorative wall or other screening. Section 3. This Ordinance shall take effect on the earliest date provided by law. Passed this /647 day of 2010. Mayor — Presi ' g Officer ATTEST: Clerk of Council CITY OF DUBLIN.. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614- 410 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager �, Date: May 6, 2010 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 42- 09(Amended) — Amending Section 153.002 and Creating 153.099 of the Dublin Zoning Code regarding Outdoor Seasonal Plant Display and Sales (Case No. 09- 045ADM) Summary In May of 2009, City Council expressed concerns regarding the regulation and enforcement of outdoor sales and referred the issue to the Community Development Committee (CDC). At the June 8, 2009 meeting of the CDC, with other Council members attending, the Committee recommended that City Council request a Code amendment permitting the sale of only live plant material as an accessory use for all retail locations. Other issues, such as size and location restrictions, were also discussed, but were left to Planning to develop. At the June 15, 2009 City Council meeting, the CDC recommendation was adopted, and Council requested that Code language be drafted and submitted to the Planning and Zoning Commission for review and recommendation. Planning drafted language to address the issues discussed by the City Council and the CDC, and submitted it to the Planning and Zoning Commission who recommended approval on July 9, 2009. The first reading was passed by City Council on August 17, 2009 but was tabled following that discussion so that the Law Director could review additional details. Subsequently, a revision was made to paragraph (C), (2) to allow the Director to modify certain location requirements where conditions would not permit strict compliance with those requirements. Description The proposed Code amendment regulates the duration, type, location, and size of outdoor display areas to ensure consistent treatment for retail uses selling live plant materials as an accessory use. Other uses in the city for which this activity is a principal use are separately regulated by the Zoning Code. In addition, the sale of Christmas trees and pumpkins are separately regulated by City Code Chapter 116, Seasonal Businesses. Specifically these regulations affect the following Duration. The proposed amendment limits the duration of seasonal outdoor display by requiring removal during the winter season. Code Enforcement has historically found it very difficult to enforce specific and varying daily time limits, and with outdoor plant displays potentially ranging in duration from one day to several weeks, this would present a similar Council Memo re. Ordinance 42 -09 - Code Amendment- Outdoor Plant Displays May 6, 2010 Page 2 of 2 difficulty. The proposed language reflects a limit of between March 1 and November 1, as recommended by the Planning & Zoning Commission. • Type /Location /Size. Defining specific restrictions on the type, location, and size of permitted outdoor display and storage areas will correct most existing problems. Allowing only live plants will, in most instances, limit the display to growing seasons rather than year round. Maximum display cannot exceed 1,000 square feet, must be located in the area in front of the store, allowing adequate space for pedestrians. The display and sale of any hard goods, including such items as mulch, garden furniture, pots (not having live plants) or other similar goods, must be approved through other procedures currently in the Zoning Code. • Approvals. A simple administrative permit will identify where displays are permitted and should make the administration and enforcement more efficient. Recommendation of the Planning and Zoning Commission At the July 9, 2009 Planning and Zoning Commission meeting, Planning presented the proposed Code modification. The Commission recommended approval of the Code amendment to City Council with minor modifications. These changes are reflected in the draft. Recommendation Planning recommends approval of Ordinance 42- 09(Amended) at the second reading/public hearing on May 10, 2010. Proposed Code Language EXISTING TEXT IN BLACK NEW TEXT IN RED PZC changes of July 9 in Blue LANGUAGE ADDED SINCE LAST CITY COUNCIL DISCUSSION § 153.002 DEFINITIONS. Amend Existing Definition Outdoor Service facility. An area that is not fully enclosed by solid walls and roof and where services are rendered or goods are displayed, sold, or stored but does not include Outdoor Seasonal Plant Display. For purposes of this section, outdoor service facilities include, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and stand -alone parking lots, Add Definition Outdoor Seasonal Plant Display. An area adjacent to a retail business that displays live garden plant material as an accessory use for sale by the adjacent principle retail business. Display may include live plants /such as flowers, and trees suitable for planting or landscaping. The Following Section will be Added § 153.099 OUTDOOR SEASONAL PLANT DISPLAY. (A) Purpose. Regulation of live seasonal sales items, such as flowers and plants that maybe offered for sale. s id ... °" ar °l th f ei4 *ad. 4 a re t a il l Rea ti R44 as Outdoor Seasonal Plant Display may be approved in accordance with this Section for any approved retail location in the City of Dublin regardless of the current zoning classification or applicable regulation in effect prior to the effective date of this Section. (B) Permit. All persons conducting Outdoor Seasonal Plant Display shall be required to obtain an Outdoor Seasonal Plant Display Permit from the Director of Land Use and Long Range Planning or designee. Permit applications shall include, at a minimum, a written description and site plan drawn to scale indicating the location and type of plant material and dates of sale /display. (C) An existing retail business may conduct Outdoor Seasonal Plant Display and sales between March 1 and November 1 Popember 41 each calendar year providing that the following criteria are met: (4-) Contain no hard material for sale such as plastic, metal, or wood, except for display racks, shelves, plant containers, and furniture and equipment necessary for transacting sales. All items for sale must contain baa live plant with �ff soil material. ° °eept for displa rae sk@4- plat @ ,t a m er an d (2) Display must be totally contained within the area approved in front of the building fagade containing a major entrance and shall not extend beyond the side of the building defining that fagade and not be placed in such a manner as to interfere with pedestrian ingress and egress to the business or adjacent properties, nor effect travel lanes or required parking spaces. At least five feet of clear passage along sidewalks and paved areas adjacent to the display shall be kept open for pedestrian travel. The Director may modify these requirements upon a finding that a proposed location does not unreasonably impair pedestrian or vehicular movement. (3) Display shall not exceed the reasonable capacity of the space available. Nc display area for a single building or tenant space shall exceed 1,000 square feet in area. (4) All display racks, shelves, plant containers, furniture and equipment must be removed no later than November 1 Popember 4 of the approved year or when the use is discontinued. (S) Signs shall only display the name and species of the material and the price of items for sale and no sign shall be larger than 94 square inches. (6) Approval may be revoked at any time and use shall be discontinued immediately if it is determined that the applicant is in violation of this Section. (D) These restrictions shall not apply to garden centers /stores accessory to a permitted use and to the storage of materials accessory to and typically found in these uses, provided the materials are located at the side or rear of the principal building and are contained within and screened by a decorative wall or other screening. RECORD OF PROCEEDINGS Minu[es.of— Dublin City Council McCully IIPVIIXi LEG.1L 9,wN / i.�t. fOPNxO ",PB October 5, 2009 Page 3 Held 2 0 Terry L den 6347 Memorial Drive stated th a would like to share recent experience. O r a week ago on a Sun y, he and his five -year d daughter were at the Rec Can , W pool. She was stand' perfectly still, took tw teps back, and fell face first. ortunately, she threw h arms in front of her. ever, she chipped an then 1 r lost her front tooth. r the incident occurre lifeguard in his late 2 ca up to him and indicate at he needed to file a ncident report. The lif and mented that the tiles a like ice, and people stantI fall at this facili Since then, Mr. Lyden hash d of similar experienc rom other individuals: three -year- old fell and hit the b k of her head; a sped eeds child fell into the ool after slipping on the ti , another person witne d someone taking a f ' severe fall. Nearly SO% o e people he shared hi daughter s experience h atther personally had an ex rience or had witness severe fall at the Rec enter pool. In the future, will put rubber bottom oes on his daughter. ough he does not and land all the liability iss sofa city, it would app r that Dublin has a lot e osure in this situation — specially in view of the any elderly patrons w use the ool and the knowledg a City has of this pots at for serious injury. asked that Council give some sideration to identifyin resolution to the prob Mayor Chinnic' uercher asked Mr. Fo er to investigate this er and report to Council at ter time. Mr. Foe or agreed to do so. e Maurer. 7451 Dubl' Road stated that: At the last meeti ,nearly all Council Me ers left too much hope' the mind of a resident spoke regarding tral5Aoise in their neighborh d and their related /inay to sleep at nig ht. T railroads have been b ' ing a wall of legal lir 200 years and if rder were to preven em or ban them from eir whistles, h s a train engineer, wo request a transfer to a erjob. Further, hew d have asked the real t if the real estate age d him of the trains, or' a was present when t ins passed by the neighborhood. The y solutions are with de ' es which silence the trolris or by relocating the t cks. 2. There are a nu er of what are termed " cMansions" in certain of th umber of foreclosures' patting them. If he recen read an article where ' as are attempting to forecl ed properties for arts c tars, civic enterprises,,9 at his is just a suggestio or Council to consider,/ in d he is not re foreclosures, oversuch tment buildings, LEGISLATION POSTPONED Ordinance 42 -09 — Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display. (Case 09- 045ADM) Mr. Smith requested that this ordinance be tabled indefinitely. Factors related to the growing season will be re- evaluated and addressed, and a final document prepared and brought to Council in the spring. Ms. Salay moved to table the ordinance indefinitely. Mr. Keenan seconded the motion. Mr. Gerber stated that he had hoped to have this legislation adopted and in place prior to the next growing season. Mr. Smith responded that the legislation would be brought back to Council before that time — likely in February. Mr. Lecklider added that the Community Development Committee had a thorough discussion on this item. Mr. Smith responded that staff took into consideration all of the input from that discussion. After the ordinance was prepared and introduced, however, staff became aware that the ordinance appeared to relate more directly to nursery businesses than to big box retail selling of seasonal items. Therefore, staff requests the ordinance be tabled to revise the language accordingly. He added that during this past growing season, there have been no issues. RECORD OF PROCEEDINGS Minutes Dublin City Council Meeting October 5, 2009 Page 4 Mr. Keenan stated that there are some businesses in the Bridge Street Kroger center that would be impacted. The current version of the legislation limits the space for outdoor displays in relation to the building size. However, there is not much space available outside those particular buildings for displays. Mr. Smith responded that is one of the main issues. The current language related to square footage is not feasible for several locations. The amended language that staff will bring forward will address the issues. Vote on the motion Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Mayor Chinnici- Zuercher, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Amending Sectio 4.01 (Council Meeting f the Council Rules of rder. Mayor Chinnic' uercher stated that this station was introduced d voted upon at the previo Council meeting. Foil ing that meeting, it w determined that a second ading was required. C equently, there is a ne for Council to reaffirm their to tonight. Gerber moved to reaffi ouncil's vote to adopt nance 47 -09. s. Salay seconded the otion. Vote on the Resolu' Ms. Salay, yes; Mr ecklider, yes; Mr. Rai yes; Mr. Keenan, yes; Me Chinnici- Zuercher, yes; . Gerber, yes; Vice Ma Boring, yes. IIYIRV UU IV IVIr'IRJI RCf1U11Y0� RUIIVMIYV CJ Ordinaq a 49.09 Ame ding Chapter 35 of theft dified Ordinances to vise the Fee and Sery C rge Revenue /Cost Co arison System and E fishing a Schedule o sea rid Service Charges f ity of Dublin Services Ms. Salay introduced a ordinance. Ms. Grigsby state on an annual basis, aff reviews the services ovided by the City and deterpmes the cost of providin ose services. Based up those costs and the currentp6st recovery, an ordinan is adopted each year a riding the fees. This year, a was engaged y staff to review how a allocation of time is distri ed within the services. rdinance 49-09 as dra recommends the fees r 2 The consultant will t available at the Finan ommittee meeting sch led t 5 p.m. on Monday, Ocjo6er 19 for detailed discu on of the proposed cha es. Mr. Gerber moved to h er Ordinance 49 -09 to t Finance Committee. Mr. Keenan secon d te motion. Vote on them on: Vice Mayor Boring es; Mr. Keenan, yes; einer, yes; Ms. Salay, yes; . Lecklider, yes; Mayor mnici- Zuercher, yes; Mr erber, yes. Mr. Xenan requested that Cotincil members review^ information prior to Fi pelnce Committee meetin n October 19 Input f m all members will be j>E o that the concerns can X addressed in the Comrpiftee discussion. There will be a se d reading /public hearin n November 2 Ordinance -09 Authori ' g the Provision of Ce n Incentives to Butte nimal Health Supply LLC Induce its Lease of acility within the Ci nd the Expansion of 0 ations and Workforc Ithln the City, and A orizing the Execution an Ms. Salay introducedXe ordinance. Mr. McDaniel ed that staff has been i discussion with Butler Supply, LLC regarding t possible expansion and ocation of the compan om its headquarters site at 0 Blazer Parkway. a company executives eve been considerin pote relocation opportunit around central Ohio ncluding sites at Pol C mbus and Westerville. s economic developm agreement proposes ree- ear, ten percent perfor nce -based incentive, ch is capped at $66,0 for the RECORD OF PROCEEDINGS _ WILItes of .. _ —_ Dublin City Council September 8, 2009 Page 6 Mr. Rei/stated In agreement with Mr. Smith. Mr. Reiroval of Ordinance 41 -09(A ended) as submitted to Vice Monded the motion. Vot on ice Mayor Boring, yes; r. Keenan, yes; Mr. Reiner, Salay, y r, yes; Mr. Lecklider, s; Mayor Chinnici - Zuercher, y Mr, airier moved to eliminate the co use fee a/conditional ' once 41 -09 ( ended). r. Gerber seconded the motion. Mayor Chinnici- Zuercher as if this would relate only es for churches and places of w hip, or is it related to all thal uses. Mr. Reiner clarified that is relates to conditional uses other places of worshio. yes; Gerber, yes; Mr. Lecklider, vds; Mayor Chinnici- Zuercher, yes; Mr. Keenan, yes; Mr.p{einer,.yes; Ms. Belay, yes. Ordinance 42.09 – Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display. (Case 09- 045ADM) Mr. Smith stated that staff is requesting that Council postpone this ordinance until October 5. Staff continues to work on modifications to the ordinance. Mr. Gerber moved to postpone the ordinance until October 5, 2009. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Mr. Gerber, yes; Mr. Keenan, yes; Mayor Chinnici- Zuercher, yes. Adoptin a 2010.2014 Five -Year Capi I Improvements Program. Ms. Gri by stated that the ordinance w Introduced at the August 3 009 Council meets g, and there were two worksho sin August to review the pro sad CIP. As pa of the August 12 and 19 work there were several requ is from Council to dify the proposed CIP. The sl Ificant items adjusted were: 1. tit d the water s e . Direction was given to ccelerate the construction of the M laid area storage tank impr ement. It was originally scheduled in 2012 r acquisition of property for c struction. Council directed accelerating of fu ding to provide for site acqui on in 2010, design in 2011, and constructs in 2012. The CIP presented onight Includes that modification. 2. Coffman P rk ex ansion. Staff had prop ad $50,000, programmed in 11 for an a lysis of potential phasing an reliminary cost estimates for e devel ment of the park expansion. ouncil directed that the fundi be mo d to 2010. 1 C man Park amphitheater.. Co ncil direction was to include f ding of $25,000 to replace the existin soft cover, and continue revie of types of permanent structures in the ture – either at that site or an er location within the park. 4. Parkland acquisition ' cussion related to the fundin Ilocated from the property tax revenue rom inside millage. For 2010 nd 2011, staff is modifying how thos funds are allocated. Currentl , .95 mills of the 1.75 mills are allocated to P rkland acquisition fund and .8 ills to the Capital Improvements ax fund. For 2010 and 2011, swill be modified – reducin the amount the Parkland acquisition fund .35 mills. This will provide additional riding in the Capital Improve nts Tax Fund for the overall pital Improve ants Program, with the under riding that this still provides t abilitl to us ose dollars for Parkland acq Ition, if so directed by Counclv Staff wil bri legislation to the next Council eeting, which authorizes thos amounts a d rates that will be submitted t he county's budget commissl . RECORD OF PROCEEDINGS Minutes of _ Dublin City Council August 17, 2009 Meetin _ 20 Page 2 Ying Chen, Landy W g, and Fancy Jhong. H oted they will work on a art in public places bicentenni project, and the concert ries. On behalf of C' Council, the Mayor wel ed them to Dublin. Wallace urer 7451 Dublin Roa slaved a recent experie a in late afternoon whil e was d ' ing south on Dublin Roiad near the Brand Road r ndabout. He encounte d two Ca dian geese ahead of who, without warni , decided not to move rom the dway. After a quick r ew of the options, he de a moral choice to s e a human live versus the geese. a heard a thunk. He me by later and saw debris on the road. Since the tim of the invention of the lane, man has invade a realm of flying generally made a choi in favor of human bei s and creatures and h not Canadian geese. The r iiitent jet landing on the dson River after the counter with Canadian geese is a example of the contin ' g conflicts in the airs ce. A few days after t incident Dublin Road, a forma' n of about 26 Canadia eese flew over his yar As they a close to him, they de a downward move t, which he interpreted their bo language as possible r aliation! Amending Spdlons 153.019 through 3.025 (Residential Di acts) of the Dublin Codified finances (Zoning Co regarding Conditiona nd Permitted Uses. (Case 0 - 042ADM) Mr. ith requested that Ordi noes 41 -09 and 42 -09 b postponed until Septe r 8 in or "r to clarify some langu a in the documents. Mr. Gerber moved to stpone Ordinance 41 -0 o the September 8 Co it meeting. Mr. Keenan secon d the motion. Vote on the m 0 e Mayor ' n: Mr. Reiner, yes; Mr. enan, yes; Vic ring, yes; Mr. Lecklider, ye , r. Gerber, yes; Ms. S y, yes; Mayor Chinnici- a rcher, yes. Ordinance 42 -09 — Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display. (Case 09- 045ADM) Mr. Gerber moved to postpone Ordinance 42 -09 to the September 8 Council meeting. Ms. Salay seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Keenan, yes; Vice Mayor Boring, yes; Ms. Salay, yes; Mr. Gerber, yes; Mr. Lecklider, yes; Mayor Chinnici - Zuercher, yes. Autho ' ing the City Manager Enter Into an Econo ,06 Development Agree t 7 wit a City of Columbus , 10, and Declaring an ergency. Foegler noted that eview of this legislatio as provided to Council the last reading. It provides for a addition of acreage t e exclusive water and war service area of Dublin. A c panion piece of legislati follows, which is an a ement with the City of Columbus Whereby a revenue shad arrangement would oc r, if property is annexed to th ity of Dublin and econo is development takes pl a on the property. He offered to r pond to any questions. I/ The Ijdyor invited public testimpdy arian Vordermark 6834 tillhouse Lane P st Pre rve asked if the densi this acreage will be review ,upon Dublin entering i this agreement — spe ' cally, the land east of 33 and nort f 161, which borders th ost Preserve neighbor od. The Post Preserve and P Place Homeowners As ciation is concer/ sethisisa residential ar and traffc could impac a neighborhood. Wbus involved in the agreemen ill a low density offca k be reviewed and rec? Mr. F gler noted that, genera , the economic / agreement and part the r nale for the City's invol ent in this providation to the City of blin here Dublin would cunt all the land use decbus would not rticipate in any of the land use d sions. Clearly, Dublin's e to produce evelopment in RECORD OF PROCEEDINGS Minutes of Dublin- City Council A' FON LEGAL BLANK, INC, FOAM NO J0u9 August 3, 2009 Mr. Foegler note hat any further angas would r uire review by Zoning Commi ion. Mr. Reiner mmended staff f providing the r uesl Code a believes a language achie s what was req ested. He does c rn that th ther conditional u es be included i uture amendmen Ma r Chinnici - Zuerch stated that a se nd reading /public earin i cheduled for the gust 17 Council eting. M €etin� —_ 20 Page 5 Planning and Iment quickly. He r with the request of Ordinance 41 -09 Ordinance 42 -09 Amending Section 153.002 and Creating Section 153.099 of the Dublin Codified Ordinances (Zoning Code) regarding Outdoor Seasonal Plant Display and Sales. (Case 09- 045ADM) Ms. Salay introduced the ordinance. Mr. Gunderman stated that this Code amendment has been prepared per Council's request at the June 15, 2009 meeting. The amendment will require an administrative permit for the display and sale of live plant material as an accessory use for any retail establishment, regardless of its current zoning classification. The Code amendment provides specific requirements limiting the duration, type, location, and size of outdoor display areas to ensure consistent treatment of outdoor display areas for retail uses selling live plant materials as an accessory use. The proposed language reflects a time period of March 1 to November 1, as recommended by the Planning & Zoning Commission at their July 9 meeting. As with Ordinance 41 -09, the amendment proposed is limited; the more comprehensive Zoning Code update will address associated areas within the Code. Mayor Chinnici - Zuercher referred to item C (2) of the proposed language which requires "at least five feet of clear passage along sidewalks and paved areas adjacent to the display shall be kept open for pedestrian travel." The Bridge Street Kroger displays live plants in front of the store, and there does not appear to be five feet available for pedestrians. Mr. Gunderman responded that this specific location was also noted at the Planning and Zoning Commission meeting. They would not have the required space available; it would be necessary for them to somewhat relocate the site. Mayor Chinnici - Zuercher asked if the language prohibits the display of pots for the plants. Mr. Gunderman responded that they are not prohibited for display with the plants; however, display /sale of pots without plants is prohibited. Mr. Gerber requested clarification of the effective dates – March 1 through November 1. On page four, it states that all display racks, shelves, plant containers, furniture and equipment must be removed no later than December 31 of the approved year. Mr. Gunderman responded that date should be corrected to November 1. Mr. Gerber referred to C (3), which states, "No display area for a single building or tenant space shall exceed 1,000 square feet in area." How was that number determined? Mr. Gunderman responded that the space of two or three existing sites was estimated, allowing for some flexibility. Vice Mayor Boring stated that some stores do not have that amount of space available. Mr. Gunderman responded that the maximum amount of permitted space is 1,000 feet. Mr. Gerber stated that some stores have more available space than others. Mr. Gunderman responded that was discussed. When the Code update is undertaken, it may be useful to use a ratio based upon the square footage of the store. Mr. Gerber asked where Christmas wreaths are addressed in the legislation. Mr. Gunderman responded that another section of the Code already addresses display /sale of holiday cut materials and will continue to be used until the Zoning Code update. Mayor Chinnici - Zuercher inquired if that section would be applicable to other retail stores – not locations specifically for the sale of Christmas trees – for display of wreaths and summer flowers. RECORD OF PROCEEDINGS Minutes of D ublin City Cou - -J' =bUg_— August 3, 2009 11 Page 6 Mr. Gunderman stated that the other section of Code relates to pumpkins or Christmas trees and related materials. Those sites are often not connected to a retail store, such as a Christmas tree lot. Mr. Gerber asked if the display /sale of pumpkins could be covered by this amendment l because it would occur within the specked time period of March 1 through November 1. Mr. Gunderman responded that Ordinance 42 -09 covers live plants only — not cut pumpkins. Mr. Keenan added that cut flowers would be similar. Mr. Gunderman responded that is correct; cut flowers would not be permitted in the outdoor displays. Mr. Gunderman clarified that cut pumpkins and Christmas trees are permitted by the other Code section. Ms. Salay stated that Council requested that staff quickly provide an amendment related to live, outdoor plant sales to address an immediate need. However, when the comprehensive Code update occurs, it might be advisable to have a provision related to both live plants and cut plants. Mr. Gerber stated that the 1,000 feet requirement may not be applicable to all establishments selling plants. Mr. Gunderman responded that 1,000 feet is the maximum area permitted, assuming that the requirements for pedestrian access and no encroachment into the right -of -way or parking spaces have been met. Vice Mayor Boring asked if that would be a 1,000 -foot footprint with the possibility of several elevations within it. Mr. Gunderman responded that tiered storage racks could be used within a 1,000 - footprint. Mayor Chinnici- Zuercher asked if this regulation would apply to nurseries. Mr. Gunderman responded that it would not. The last paragraph provides that clarification. However, it would apply to small retail florists. They would be required to submit a drawing of the display footprint with their administrative permit application. Mayor Chinnici- Zuercher asked what the permit fee would be. Mr. Gunderman responded that the fee has not yet been determined. Mr. Gerber asked the cost of the permit for display of pumpkins or Christmas trees. Mr. Gunderman responded that the fee is minimal. i There will be a second reading /public hearing on August 17 th . Ordinance 43 -09 Authorizing the Ci Manager to Enter Into Economic Development Agreement with the City of lumbus, Ohio. Mr. Lecklider int uced the ordinance. Mr. Foegler s ad that staff has been wo ing for a period of time h the City of Columbus o the terms of this economi development agreement Or 44 -09, which folio s on the agenda, is comp ion legislation. The cu nt water and sewer agreeme s with the City of Columb established three zone eyond the City's curren service rea: an exclusive Dublin pansion area, an exclusi a Columbus expansion ea, and a arge area to the northwest identified as a negotiated xpansion area. In esse Heil r party was permitted to rsue or accept annexati sin the negotiated expa sion ar a until there was an agree ent on the terms and co itions for that area. Ord' ante 09 is the first major corn onent in establishing the rms and conditions of su negotiated growth area fo ublin. If approved, a 27 -acre area would be de Hated as exclusive Dublin growth rea. This area is located long U.S. 33 near the Po t/SR 161 interchange. The bas' terms of the agreement a outlined in the staff me o provided with this legislation. rimarily, Dublin would ret in the first fifty percent of ' come tax revenues derived om the area in order to be ompensated for infrastru ure and service delivery. The re fining 50 percent revenue ould be split between th cities of Columbus and Dublin. In ddition, $1 million dollars ill be paid to Columbus fo the entire 277 acres, calcul ed on a pro -rated basis a areas are annexed to Du n. This legislation does not c se any annexation to occ ; it simply satisfies the ter s and conditions of the The Planning and Zoning Commission took the following action at this meeting: 5. Outdoor Sales and Display Code Amendment 09- 045ADM Administrative Request Proposal: Modifications to Code Section 153.002 and the addition of Code Section 153.099 to provide for the accessory use of outdoor seasonal plant display and sales at retail locations. Request: Review and recommendation of approval to City Council of a Code amendment under the provisions of 153.234. Planning Contact: Gary P. Gunderman, Planning Manager. Contact Information: (614) 410 -4682, ggunderman@dublin.oh.us. MOTION: To recommend approval to City Council of this Administrative Request because it provides for the accessory use of Outdoor Seasonal Plant Display and sales at retail locations amending the end date for display to November 1 st. VOTE: 7-0. RESULT: This Administrative Request was approved. STAFF CERTIFICATION G Gunderman Planning Manager PLANNING AND ZONING COMMISSION RECORD OF ACTION CITY OF DUBLIN.. Land Use and long Range Planning JULY 9, 2009 5" Shier -Rings Rood Dudin, Ohio 4301611% Phone/ IDD:614-410 -4600 Fox 61 bd10.4747 web site: w..w.dhb0n.oh.us ?Legacy The Planning and Zoning Commission took the following action at this meeting: 5. Outdoor Sales and Display Code Amendment 09- 045ADM Administrative Request Proposal: Modifications to Code Section 153.002 and the addition of Code Section 153.099 to provide for the accessory use of outdoor seasonal plant display and sales at retail locations. Request: Review and recommendation of approval to City Council of a Code amendment under the provisions of 153.234. Planning Contact: Gary P. Gunderman, Planning Manager. Contact Information: (614) 410 -4682, ggunderman@dublin.oh.us. MOTION: To recommend approval to City Council of this Administrative Request because it provides for the accessory use of Outdoor Seasonal Plant Display and sales at retail locations amending the end date for display to November 1 st. VOTE: 7-0. RESULT: This Administrative Request was approved. STAFF CERTIFICATION G Gunderman Planning Manager Dublin Planning and Zoning Commission July 9, 2009 — Minutes Page I I of 27 ,and lie favored the co tional use process. said his comments ere probably directe more to Ms. Readier. II aid that there were c ain religious denom' ations that have mo stringent house of wors ' requirements than er religious denomi ions. He asked w liability the l Commissio would face if review' g these applications conditional uses. let er Readier said the ain protection is the deral Act which st s that we cannot ma rt gnificantly harder f a church to develo than any other en She said we are ways concerned about p cing restrictions on r gions institutions b use of that law, so t did case law research, there are a signific amount of churche at have been treate as conditional uses in of locations and the re uement has been up d in legal proceedi Rifard "Taylor stated tha e felt the Code mod cation wZaa te change. MMs. Amorose Gr mes cl arified that th reposed Code ll be altere c eliminate any reference , o a chain link fence d require all fences h child re facilities, to meet the v of Dublin Zonine ,ode. ion and Vote r. Freimann mad e motion to recorp.6end approval to C-X Council this Adn ' tstrative Request becaus it designates religio uses as condition ,aruses and type B Xild care as permitted us with the requireme that fencing associ d with child care fZilities meet the requiret is of City of ZDublin ning Code . Mr. Zi erman seconded th Lotion. vote was as follow amb, yes; Taylor, yes; Mr. W er, yes; Mr. Fishm , yes; Ms. Amorose G•oo s, yes; Mr. Zimmer n, yes; and Mr. Frei ann, yes. (Approve 0.) 5. Outdoor Sales and Display Code Amendment 09- 045ADM Administrative Request Chair Chris Amorose Groomes introduced this Legislative matter and explained the rules and procedures. Gary Gunderman presented this Administrative Request for a Code Amendment dealing with outdoor display. I-Ie said the purpose of it really stems from a direction given by City Council. He said that Planning felt the direction was on two points, to permit the outdoor sale of seasonal, live plant material, and to treat all the retail businesses the same, regardless of their current zoning. He said this particular concern speaks to a number of differing PUD regulations that have accumulated over time. He said the first section provides a slightly modified definition of outdoor service facilities. Mr. Gunderman said the language in black is currently in the Code. The added item is the addition of Outdoor Seasonal Plant Display which is fundamentally what they are talking about this evening. Mr. Gunderman said the second major point in Item B in the Code is the requirement that this be an Administrative Permit. He said they were not talking about anything that would come back to the Commission. He said they would seek a permit at Planning, the fairly simple things would be reviewed, prior to proceeding and Planning would enforce based on the information provided in that permit and this Code. He said principally, the Code is to limit the display area and materials being sold. He said in Item C on the Code, the number of items and limitations are Dublin Planning and Zoning Commission July 9, 2009 — Minutes Page 12 of 27 listed. He said the amount of plant of material and where it can be located is basically in front of the retail store is not to exceed 1,000 square feet. Ile said that it has to be removed by the end of December. Mr. Gunderman said any signs to sell the material are limited to 94 square inches. He said if the guidelines are not followed, the permit can be revoked. Mr. Gunderman presented a current photograph of the front of the Avery Road Kroger store which depicted the type of information needed for the permit. He estimated that currently, all the Dublin grocery stores outdoor display areas would easily fit within the 1,000 - square -foot maximum. Chris Amorose Groomes asked what the fee was for the permit. Mr. Gunderman said it would be set by City Council, but Planning has not yet made a recommendation, but he assumed it would be a fairly modest amount. He said there are a few things similar to it that Code Enforcement deals with now, and he did not expect the fee to be more that $50 or $100. He said a plan for the entire season would be expected each year. Amy Kramb asked about Avery Square Kroger having to have five feet of walking space. She said it looked as though the outdoor display took up the whole sidewalk. Mr. Gunderman pointed out that one corner of it might not meet this rule, however it was close to five feet. Richard Taylor pointed out that although this was regarding outdoor plant display, sometimes Lowe's displays lawn mowers and things like that also. Ile asked how to deal with that. Mr. Gunderman said that Planning had held back on the enforcement of things like this, waiting for this issue to settle out and what Planning was essentially coming to was the live plant limitation. He said now they can do what they wish inside the screened area, but from this time on, this will be their limitation for outside sales. Mr. Taylor asked if this prohibited anything but live plant material. Mr. Gunderman said this does. Kevin Walter noted that the proposed amendment stated: these restrictions shall not apply to garden centers, store accessory... which he did not understand. Mr. Gunderman said that basically was trying to clarify this very point. He said if you look back to the very first paragraph in the Definitions, this is a paragraph used for a lot of conditional uses like patios and other things, and includes potential for an Outdoor Garden Facility as a conditional use and that essentially was what Lowe's did. Mr. Walter said that was not what it said. Ms. Kramb said it was saying if you had a garden center with a permitted use and that the word accessory was not the right ward. Mr. Taylor said the word accessory was subordinate to the main practice. Mr. Gunderman said that was very much part of this, that is if you are a grocery store, outdoor sales will be an accessory use for you. Mr. Walter asked in the case of a Lowe's specifically, they do not have a permitted use for that. Mr. Gunderman said they do not have permitted use outside. Mr. Walter said then consequently, Lowe's will now have to conform with this, so no lawn mowers, only live plant materials, and no Christmas trees. Mr. Gunderman said Christmas trees are a different permit and process, not Dublin Planning and Zoning Commission July 9, 2009 — Minutes Page 13 of 27 covered by this. I-Ie said if Lowe's had Christmas in the past, they will be able to continue. Mr. Walter confirmed that if Kroger had this permit and wanted to put some dead trees outside in November they could not do that. Mr. Gunderman said at least, they would have to come in and get a different permit. Mr. Walter said that was fine. Mr. Gunderman said that as with the previous Code Amendment, this was put together to deal with a specific thing at this time, but a little more comprehensive review of this whole subject is needed and Planning expects to do it when the Code is updated. Mr. Walter asked if December 31 was the right date since this discusses live plant material. Mr. Gunderman said he thought it could be moved up easily. Flite Freimann said he thought the date should be moved up to November 1. He said he did not want someone to be under the misimpression that their outdoor live display permit was good for their Christmas tree display. He said there should be a clear delineation. He said either November I or 15. Mr. Zimmerman pointed out that pumpkin outdoor sales were also discussed, and that began in September. Mr. Gunderman said pumpkins and Christmas trees are covered now under a different Code which was included in the packets. Mr. Langworthy said under our definition, they are not considered live. Mr. Freimann said he would like to see the outdoor sales go from April I to November 1. Mr. Freimann said noted that in the fall he had seen outdoor retail displays with hay bales, mums, pumpkins, and lighted plastic Jack -o- lanterns and scary cats. He asked if they would be told those kinds of displays would not be permitted and that the only thing they can display outside is their mums for sale. Mr. Gunderman said that was right. Mr. Langworthy said nothing could be displayed that bad not been grown. Mr. Walter and Mr. Fishman agreed that March to November 1 would be fine for live outdoor displays. Mr. Taylor asked how the retailers would be notified of this new Code and when it becomes in effect. Mr. Langworthy said earlier this year, those in the past who were affected were sent a letter indicating each what their rights and responsibilities were for each individual retailer and that mailing list would be used again. However, he said that it would not preclude other businesses from deciding to have outdoor displays that have not been dealt with in the past. Ms. Amorose Groomes said that was great and that the more people that can do that sort of thing, adds a lot of life and vibrancy, as long as it is done within these confines. She said she could imagine it could be an amenity. Ms. Kramb suggested that in A — Purpose, was too detailed since it was just talking about the purpose. She did not think it should say ...inside sidewalk areas along the front fagade of the retail location. She said that it should not be that specific and instead should say: The purpose is just to do plants offered for sale. She pointed out that it said later that it could go around the side if there was a major entrance. Mr. Freimann said that was an excellent change because if later the backside of the Code was changed it would have to be changed. Dublin Planning and Zoning Commission July 9, 2009 - Minutes Page 14 of 27 Ms. Kramb referred to 1, the exception of the display risers and the shelves really pertains to the first sentence and she said it needed to say instead, it contains no hard material for sale such as plastic, wood or metal. She said the second sentence could say: All items for sale must contain a live plant material, so that gets rid of the confusion about empty plant containers for sale. Mr. Walter said if you do not do that, a display rack could be sold. Mr. Langworthy suggested that when live plant is mentioned, the words with soil materials should be included. Mr. Gunderman confirmed that December 1 should be changed to November 1 in both places it appears. Motion and Vote Mr. Freimann made the motion to recommend approval to City Council of modifications to Code Section 153.002 and the addition of Code Section 153.099 to provide for the accessory use of outdoor seasonal plant display and sales at retail locations with minor changes to the language and date proposed for the definition and the type of material for sale. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. Walter, yes; Mr. Taylor, yes; Ms. Kramb, yes; Mr. Fishman, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; and Mr. Freimann, yes. (Approved 7 — 0.) Addit' al Administrative usiness M Amorose Groomes lled a short recess uring which she ed that each Co tssioner eview the Annual I ms of Interest List make sure that tr particular item interest is included. She re vened the meeting 8:20 p.m. Discu on — Code Update Cl dia I lusak explaine rat one of the pri y goals of the Xde Update wa have a ode that is state- — the -art, award -w' ping, and reflecublin and the 2007 Community Pla She said that PI ping used the sa consultant who d tgned the new Community ' an layout to Great design use f the updated Zoni Code that would achieve tl goals of legibility rid readability, bet organization, an user friendly ccess desi . Ms. I ak explained that e intent of creatin user - friendly Co d 's to make it a' e to th e who do not dea ith zoning on a ily basis, yet still ophisticated enou r for the echnical user. She aid that feedback f m the online Zoni Code user survey ggests that improved organi tion is desired and is is something tha lanning often stru es with during the develop[ nt review process ecause there is s much shifting and forth in the documen nd not knowing ex ly where Code secj ns are located. ba Z M . Husak said a well- rganized Code wit alternative kinds o ontent, including ' strative raphics to help ex m the meaning of r 'ulations was also oal. She said deft d spaces for different kinds content and wayfi 'ng elements was a desired. Ms. Hu said the Code should be vi ally appealing wit cordination with t Community Plan d design elements that wo enhance the co unication of the r ulations. She sai a more sophisticate COMMUNITY DEVELOPMENT COMMITTEE OF DUBLIN CITY COUNCIL Monday, June 8, 2009 Minutes of Meeting Ms. Salay, Chair, called the meeting to order at 6:30 p.m. in Council Chambers. Committee members present were Ms. Salay and Mr. Lecklider. Mr. Reiner was absent (excused). Other Council members present were Mr. Gerber and Mr. Keenan. Staff members present were: Mr. Foegler, Mr. Smith, Mr. Langworthy, Mr. Gunderman and Code Inspector Brian Martin. Ms. Salay stated that the purpose of this meeting is the discussion of the issue referred to the Committee regarding seasonal outdoor display and storage. Mr. Langworthy stated that a memo was recently provided to Council, which outlined the particular issues. He added that no Code amendment is simple, as one change can impact several other sections of the Code. The memo outlined as many of those other areas as staff could identify. This subject should be addressed from two aspects: the actual Code requirement, and the enforcement of that requirement. The enforcement will be much easier with a well written Code section. For that reason, they have attempted to achieve consistency in treatment and regulation of the proposed Code amendment. There are also accompanying issues that require policy direction from Council, including the most basic question: Does Council want to permit outdoor displays and /or storage? If so, what approval process and regulations should be in place? Should the regulations be specific, or should each case be judged on its own merits? Mr. Smith stated that the City's Code enforcement for these outdoor display and storage issues is generally complaint driven. There are four property owners, involving a total of six sites in this category — Kroger, Giant Eagle, Lowe's and Oakland Nurseries. Legal staff checked with Code Enforcement staff about whether they had received any complaints regarding outdoor displays or storage during the last two years. There was one line of sight issue, which was quickly addressed, but no complaints. The current process is for Code enforcement staff to send a notice of Code violation to the individual and /or visit the site and speak with the violator. If compliance is not achieved, the next step has been to draft a complaint for filing in the Mayor's Court and forward it to the Law Director's office. Mr. Foegler's direction has been not to file a case at that level, but to continue efforts to achieve compliance through communication with the property owner. All of this is subject to whatever policy Council develops. One of the difficulties relates to the many different texts; one entity, Kroger, has three locations in Dublin with different texts for each. Council has indicated that living plant material should be treated differently than hard goods; hard goods can be stored inside. Consequently, living material is what they have addressed in drafting a Code amendment. Mr. Keenan inquired if any of the texts permit hard good storage outside, because he has observed such hard goods in outdoor displays. Mr. Smith responded that none of the texts permit them, but, nevertheless, that is occurring. Community Development Committee Minutes June 8, 2009 Page 2 of 6 Mr. Gerber stated that the existing City Code provides for a seasonal permitting process. Upon review of the materials, it occurred to him that there may be a need to review some of the definitions -- for instance, the longevity of the display. In addition, the texts of the different development districts should be fairly consistent regarding this topic. Ms. Salay stated that that there are three separate PUDs and a straight zoning involved. Of the three Kroger developments, Lowe's is a PUD; Giant Eagle is part of a PUD, and she understands that Oakland Nurseries reverts back to the original text for that site — Frank's. Can a single Code amendment address all of these, or will it be necessary to amend the various development texts? Mr. Smith responded that, ultimately, it will be necessary to change the zoning texts. It may be possible to do them all at once through a City- sponsored application. That will take a period of time to do. Another Code amendment can be written to address seasonal sales and issuance of permits. Language can be written that would "trump" the zoning text. Mr. Foegler noted that if there is any conflict, this amendment would take precedence. Mr. Gerber stated that the Kroger on Bridge Street is not a PUD; it is a straight zoning. Mr. Smith confirmed that is correct. Mr. Gerber asked on what basis can they do outdoor sales? Mr. Langworthy stated that they would apply for a conditional use. Mr. Keenan asked for confirmation that outdoor displays are not permitted within their straight zoning district. Mr. Langworthy confirmed that is correct. Mr. Langworthy stated that the problem with these outdoor displays is that they can be easily moved. The managers change, and are not aware of the different regulations. This year, letters were sent to all the establishments with outdoor displays, informing them, individually, regarding the requirements and what they are permitted to do. This provided the City with a record of early notification to the businesses. Mr. Lecklider asked if the businesses are complying. Mr. Martin stated that he met with the manager of Kroger Sawmill, as they were in violation. They are now in compliance. The managers of the Kroger stores at Bridge Street and Avery Road have met with staff regarding the submission of conditional use applications. They will follow the prescribed process and legitimize their outdoor displays. Mr. Keenan inquired if the conditional use would include hard goods. Mr. Martin responded that it would not. It would cover live goods only. The correct terminology is actually "outdoor services." Mr. Langworthy stated that part of the complication results from the current definition for the uses. The amendment would also address the definitions. Mr. Keenan noted that there appear to be no objections from Council to having live plant materials on display on a seasonal basis. Community Development Committee Minutes June 8, 2009 Page 3 of 6 Ms. Salay asked how Code enforcement would be impacted, should staff draft an amendment that would override all the different development texts to specify that only live plant materials and seasonal produce are permitted as outdoor displays. Mr. Martin responded that if all of the businesses have the same rules, it would be much easier to achieve compliance. Enforcement could be difficult, however, if timeframes for such display are not clear. Ms. Salay asked if the language should address the need to have the produce rotated/removed after it is out of season. Mr. Langworthy responded that there is actually another ordinance that relates specifically to pumpkins and Christmas trees. That could be eliminated and addressed in the new amendment. Mr. Lecklider asked if the regulations applying to pumpkins and Christmas trees are the same in terms of space limitations for the displays, as are suggested in the proposed amendment. Mr. Langworthy responded that they are not. The regulations are limited; the display is subject to the approval of the City. Mr. Gerber stated that it is the seasonal permit process. Mr. Keenan stated that when the business applies for the permit, the City has the opportunity to communicate with the applicant regarding what is permitted. Mr. Langworthy responded that if a Code amendment provided consistency -- the same regulations for everyone -- compliance by all would be easier to achieve. Ms. Salay asked if one permit for seasonal sales would address everything for the year. Mr. Langworthy responded that if the business is aware of what they plan to do for the entire year, it could be done under one permit. Often, that is not the case. Ms. Salay asked if one permit could cover the regulations for everything. Mr. Langworthy responded that the permit would give the City the needed record. The regulation would state what the business needs to provide to obtain the permit —the site plan, location and size. Ms. Salay wondered if this would make the process overly complex for businesses. Mr. Foegler responded that it can be simplified. Because there is an extensive review of the entire Zoning Code underway, there should not be an attempt to solve other issues with this amendment regarding seasonal outdoor displays. If Council's direction is that this should be handled in the simplest way possible to provide reasonable regulations and a simple permitting process, staff could draft legislation to accomplish that and which would override any conflicting regulations of the various PUD texts. Mr. Lecklider stated that, in general, he is in agreement. He acknowledges that things change. However, he served on the Planning and Zoning Commission when the Lowe's zoning was approved with certain restrictions. If that particular Commission had reviewed all the other cases reflected here at the same time, they probably would have imposed the same restrictions with those zonings as for Lowe's. In comparing the Lowe's in Dublin with other Lowe's in the Columbus area, the positive appearance of the Lowe's in Dublin is obvious. For instance, the brick enclosure of the outdoor materials would likely not exist if not required by the Commission Community Development Committee Minutes June 8, 2009 Page 4 of 6 and ultimately approved by Council. He concurs with the need to limit the display to live materials, but there must be other limitations regarding the particular area and percentage of the frontage. It has been pointed out to him that the Kroger on Bridge Street uses bales of straw in their fall displays. Are those flammable? Mr. Gerber stated that the letter sent out by staff early in the year could address the related restrictions. Ms. Salay noted that bags of mulch are also placed in outdoor displays, and the mulch could be categorized as live, similar to a cut pumpkin or cut tree. Mr. Langworthy responded the language can restrict the items to "now living" materials. Pumpkins and Christmas trees are addressed elsewhere in the Code. Mr. Lecklider inquired if mulch and top soil would be permitted. Mr. Langworthy responded that the difficulty with those is often with the amount of space taken up. He believes it would be easier to limit the displays to "now living" plants. Mr. Lecklider noted that the large pallets of trees sometimes take up quite a bit of space. Mr. Langworthy responded that the text can contain space restrictions. Mr. Foegler stated that in urban streetscapes, the goal is to bring some vitality to the outside of the building and add some interest, especially on a seasonal basis. Flowers, trees, plants -- and to some extent, displays with bales of straw -- can be argued to add visual interest to plain building fronts. If that is the goal, the language can be constructed to achieve that. Items that are bagged in plastic, and other items that do not achieve the goal, would be restricted. Mr. Smith pointed out that a Farmer's Market will soon be coming to Dublin. This amendment should contemplate that as well. Mr. Lecklider asked about appropriate space limitations. Would they be stated in terms of percent of the building frontage, or the total site? He prefers the former. Mr. Langworthy responded that it could be a percentage with a maximum amount specified. Mr. Foegler stated that it would be preferable not to artificially limit the area as much as control the character of the site. It could be argued that, from an interest perspective, the more high quality vegetation and high color provided, the better. Mr. Lecklider referred to the recommendations on page 3 of staff s memo, where it states that "outdoor displays in service areas could be administratively approved," and then in the next sentence states that "the Code could require a conditional use in certain districts, such as the SO District." Most of the examples reflected in the discussion are Community Commercial or PCDs. Perhaps a conditional use should be required in SO and neighborhood commercial. For instance, the Athenry and UDF — what would prevent them from displaying racks of plants? Mr. Foegler stated that neighborhood commercial businesses are much smaller scale with tighter parking. If something general is written, it is important not to permit it in areas where it is not intended. Community Development Committee Minutes June 8, 2009 Page 5 of 6 Ms. Salay asked about a floral business, located in a neighborhood commercial district, which would desire a small outdoor display. If it were prohibited in the district, they would not be able to do this unless they pursued a cumbersome conditional use process. In that case, the business would either set up the display in violation of Code, or not do it, when it would actually be desirable for them to do so from an aesthetics standpoint. Mr. Langworthy stated that the text could be written to ensure the display does not block the sidewalk; takes up only a certain percentage of the frontage; and that it has to be associated with their frontage and property. Some of these will be self limiting. For a small floral business, the sidewalk restriction would be a problem because that is all the outdoor space they have. Mr. Lecklider stated that is his concern. Unless they have a very deep sidewalk, it would create a problem for pedestrians. Mr. Langworthy stated that the less intensive, more neighborhood - oriented districts should have a higher degree of examination than a community commercial district. It is Council's discretion whether that would also be addressed with this amendment or later in the overall Code update. Mr. Lecklider stated that uniformity for these 5 or 6 large businesses should be addressed with the immediate amendment. Mr. Foegler stated that if all these businesses are big box retail, they have a certain minimum size floor plate. Perhaps they could be addressed separately from businesses that have a very modest amount of store frontage. Mr. Lecklider stated that he would defer to staff to determine to what extent this subject can be addressed with this amendment. Mr. Langworthy responded that his concern is that by the time the approval process for this amendment is completed, it will be the end of the growing season. Mr. Lecklider inquired whether, in that case, a proposed amendment would be provided later in the winter. Mr. Foegler responded that regardless of the time frame, he would recommend that big box retail be addressed separately -- not solely because Council desires to address the larger businesses quickly, but also because there could be many issues related to this subject specifically for larger businesses. Mr. Lecklider inquired what would be the necessary timing for this amendment to have it in effect for next spring. Mr. Langworthy responded that it would not be necessary for Council to pass the amendment before their summer break. It could be prepared for later in the fall. Ms. Salay that the language would permit live plant material -- organic material not enclosed in a bag, box or package -- so that firewood, soil, mulch and compost would be avoided; and pine wreaths, pumpkins, cut Christmas trees and straw bales (if not a fire hazard) would be permitted. Mr. Langworthy responded that it would be necessary to craft language that could not be interpreted as being an acceptable place for a "mound" of mulch display. Ms. Salay responded that the wording also should not permit other seasonal displays, such as outdoor grills or lawn furniture. Mr. Keenan noted that bales of straw in a display could trigger the need for fire inspection. Community Development Committee Minutes June 8, 2009 Page 6 of 6 Mr. Langworthy responded there is a restriction that such materials cannot be within a certain distance of a fire source. They are typically used for displays and are not for sale. Mr. Foegler stated that it would be a seasonal display. Ms. Salay suggested the Committee provide direction for staff. Mr. Lecklider moved to direct staff to expedite a Code amendment to provide the initial requirement that seasonal outdoor displays be limited to live plant materials only. Ms. Salay seconded the motion. Vote on the motion Ms. Salay, yes; Mr. Lecklider, yes. Mr. Gerber and Mr. Keenan expressed support for the direction. The meeting was adjourned at 7:15 p.m. Clerk of Council RECORD OF PROCEEDINGS Nlinutcs of Dublin City Council - _.Mseting_ May 4, 2009 Page 14 Held 20 r � Mayor Chinnici - Zuercher agreed, noting that the enforcement aspect•is critical. Mr. Gerber added that he would like information about what the state of Ohio is / considering in this regard. / Ms. Sal 1, Asked Mr. Hammersmith for a brief update on the Waterford Drive, Monterey Drive area flooding. Mr. Hammersmith noted thafstaff evaluated the problem, after calls from Council Members Gerber and Salay. Staff will take action to remedy the problem through the dity's stormwater maintenance company, George Igel. A catch basin will be Installed I to remedy the proble , with an estimated•timeframe of the end of June. 2. Noted that re metal fencing on.some bridges Is in need of painting, especially those ov rrK I -270. The lighting the Rings Road bridge has been Improved / and is good addition. Mr. Hammer mith responded t at he has had discussion with the Service Department about the p Part of th issue Is with recoating of the pieces and working In place. There is discussion ith COOT of removal of individual panels to do the work, but thgq jare not easily rerroved. The lighting changes were made, as authorized•in the bOdget. i r. R Mar sugge t d exploring two optionseestablishment of a "bicycle board" and a senior advisory -card." 1. During tt'ie Portland conference, he observed a large percentage of population who cycle to work, even durifig Inclement weather. He learned that it inva ved a cultural change afid was achieved by means a citizen group who corted people on bicycle tours on trails throughout the city. Portland also lilized the "20- minute.6oncept" — 20 minutes to acEess anything needed via pedestrian traffic. This is in line with the pod concept being used in new subdivisions in Dubin. All of this saves energy and is good for the environment. / 2. The second c rScept he would like to ex lore would be to build upon the wealth of CEOs an senior management people nearing retirement who live in Dublin. They coul serve on an advisory beard to help Dublin youttt.channel their imagine I n into a focus towardsolving business problergs! In addition, this type oVloard could mentorprd(d assist young people In , finding employment, startiKg businesses in Dublin, and remaining in the c6mmunity in which they h�e grown up. It would somewhat of a "peac corps" of people who want Id help out, helping yang people with business Mayyor Chinnici -Zuerc ei' asked about the potegg rl relationship between such a'seni a Gisory board and a existing Business Advyisory Council who works with �blin chools. Perhap ese individuals could assist the SAC, which is alre ;6ngaged with the district in this effort. Ms. Salay arld Mr. Gerber expressed support of this Idea. Mayor Chinnici- Zuercher asked)f'Mr. Reiner would er of the Oarks & Recreation Adyyi !gory Commission. Mr�. Feiner responded that��ffere were many people in sdch a bicycle advisory byya p rd and the group came tg. government provided �r99�eps and materials. The gr throughout the neighb6rhoods. Mayor Chinnici- Zuercher asked staff to provid nform could be established in Dublin. board" as a part P rtland interested in forming h e government for support. The Itself promoted bicycle travel about how such a group Mr. Gerber: 1. Stated that in the past few months, businesses have many seasonal displays outside, but they all seem to operate under different rules. There are different zoning texts as well as zoning code provisions related to seasonal and outdoor sales, resulting in a compliance and code enforcement nightmare. He would RECORD OF PROCEEDINGS Minuses.of Dublin City Council Meeting- May 4, 2009 Page 15 like to have staff report on what currently exists, and make suggestions for how to improve upon the situation. The goal would be consistency in terms of code enforcement. He added that in a'green' community such as Dublin, having some plant material outside seems acceptable. He requested that staff provide such a report to Council. Vice Mayor Boring asked if Planning staff can discuss what types of modifications have been made. She had understood that there was some modification made related to the amount of plant materials stored outside. Mr. Langworthy responded that, depending upon the development text, there are many different rules for different areas. His understanding Is that Mr. Gerber is seeking a way to ensure uniformity across the community. Mr. Gerber agreed. Mayor Chinnici- Zuercher asked what timeframe will be required to have this report from staff. Mr. Foegler responded that information will be provided to Council at the May 18 meeting. It was the consensus of Council to request this report from staff. 2. Noted that received a call from a neighbor last wee in an older neighborhood, where a fence has surrounded the prSperty for 20 ye rs. The fence'was damaged in recent storms. The Coda penults replace ent of such a fence'as is,' with the same materials. The resident wants to improve upon the materials, changing from a six -foot cedan fence to a four -foot wrought iron fence. Under Dublin's Code, he is not permitted to do sq. 'He can request a ` variance, or can'do one side per yearend not seek a permit whatsoever. He is aware of the strict fencing rules In -the City's newer neighborhoods, whicry,were enacted in the interest of preserving viewsheds. In the older neighbo�6ods �I with existing fences, however, their viewshoo may be quite different. In fairness, and because it.0y not have beer contemplated In the f nce code amendments, he asked that staff Invest gate this matter and prdose a solution to address it. ��` Vice'Mayor Boring noted'that she would like more Information abdut the situation before supporting thiafequest. �' Mr. Foegler stated,that the Planningg�Director has been asked to examine the cases where this has come up. Becau;erof the minimum building setback area where fences are pro�bited, many asdas were developed and / platted with swimming pools in the backyafd that did not contemplate any of those kiKds of regulations. There are many uni)ntended conmqAnces from the regulations enacted in 2003. Staff is now - being asked to review lffose unintended consequences, and determine if there is i some to effectively address that. Staff Eon provide a comprehensive report with some suggestlonior Council to consider.? Jf was the cons of Council to have provide this report. a Me o �orin reminded everyo� to vote tomorrow. There is an issue on the j of re Ed to the Metro /revi*ew t r Chinnici•Zuerchgr: 1. Reminded Council t their c alendars for the many,6vents scheduled.i(i the coming weekrre retread`s scheduled the eVening of Thursday, May 14, contin i6g all day on Frioa / y, May 15 at the Golf Club of Dublin The annual Police emorial Servic takes place at 1 p.m. on Thursday,.May 7. 2. Noted that s e recently particiA in the Second Annual African Excellent Recognition Program at Dublin Scioto High School 'sponsored by Dublinnts of Black Students Assoclation. This year, they honored just under 88800 students in the District who have been named to the merit or honor roll.��� was a privilege / to attend. In addition, the group provides funds for a sctfolarship award each year. 3. or Sunday, April 26, the Miracle League of Central Ohio had th 'groundbreaking for the pavilion. Much of the funding for the pa Ilion was donated by the Muirfleld Civic Association. Over 200 childr9rf and their families RECORD OF PROCEEDINGS N1iaufcs.aff. Dublin City Council ____. Meeting _ ..... _- May 18, 2009 Page 18 Held 2 0 Mr. Lecklider noted that staff has provided a memo regarding the seasonal outdoor display and storage areas. An option identified is referral of the matter to the Community Development Committee, and he asked for Council's Input. The consensus of Council was to refer this matter to the Community Development Committee. Vice Mayor Wring: i 1. Noted that a candidate for boards and commissions suggesteq the community have a program for reselling of art. This i8 a potential Idea for fundraising to benefit the arts in the community, and Ms. Salay could share this Idea with the DAC. 2. Stated that many citizens have expressed their anticipation of the opening of the Subwey at the DCRC. 3. Noted !hid she attended the bublin Scioto Spring Art Show at the Market at / Serendipity store at Village Square Shopping Center. She was amazed with th�� 'abundance of talent, and appreclates their invitation) ' j 4..R`em ad Council of upcoming events, including: Senior Recognition Day at the DCRC tomorrow; Taste of Dublin tomorrow evening; Standley Law open / house on WedKesday; Nationwide Children's Hospitajlvent on Friday; H bftai for HumanIV5K Run In Historic dublin on Sunday the Memorial Da � opening gFthe Grounds of Remembrance at Dublin Veterans Park. ' 5. Report that staff is hosting community information meetings related to the Hylapd-Croy corridor area as well as the Emerald Ash borer during the last wedk of May. j i 6. Noted that the Tou�ment activities are schedule in Juge�and encouraged / everyone to respp to the Invitations for the various events, including the golf outings and board /commission recognition on Thursday evening, June 4. / I.I. Rep�he attended the MORPC Board meeting last week,dlong with Mr. McDaniel. MORPC/staff distdbuted new Columbus Metro Bike Users Map'.' Copies can bg, fequested from MORPC and It is availalle on their w6site. It will be tfpdated on a regular basis. ). Mr. T��man with a report she received about t e foreclosures in Dublin over th past three years. The number has.16creased, but remal substantiallvlower than thAt of other communities ADJOURNMENT TO EXEGYJTIVE SESSION / t9 Mayor Chin6lci- Zuerche moved to adjourn , executive sessio t 9:20 p.m. for Lrt ssion'of le ers ( to confer with �n attorney for the p is body concerning tes nvolvi and pairsq el line, pro erber s 0. h o io Ms. Salk� yes; Vice Mayor Bgring, yes; Mr. Reiner, yes;fy Lecklide , yes; Mr. Gerber yes; Mr. Keenan, yes /Mayor Chinnicl- Zuercher,,yas. Mayor Chinnici -Zue Fer noted that the ling will be reconvened foJl6wing the executive session� o me y for the purpose ormally adjourning. Thera'will be no further action taken. The meeting was reconvened at :30 p.m. and formally get ourned.