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HomeMy WebLinkAboutOrdinance 26-10RECORD OF ORDINANCES Dayton Ordinance No. 26 -10 Passed Form No. 20 AN ORDINANCE AMENDING SECTIONS 153.002, 153.053, 153.073, 153.098, AND 153.161 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING MODEL HOMES IN RESIDENTIAL DISTRICTS (CASE NO.10- 022ADM). 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, 153.053, 153.073, 153.098 and 153.161 of the Dublin Codified Ordinances contain information related to model homes in residential districts; and WHEREAS, the purpose of this Code amendment is to establish an administrative approval process for model homes in residential districts; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on June 10, 2010 and recommended approval to City Council because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL MODEL HOME. A residential structure used by a lieexsed registered homebuilder /developer, real estate worker or realtor to demonstrate construction, display built -in amenities and color selection charts, and other similar sales related activities for prospective home buyers to promote the sale or lease of housing units. SALES OFFICE. A sales facility intended to promote the sale or lease of housing units located in a structure other than a model residential home or sales trailer. SALES TRAILER. A sales facility located in a temporary or portable nonresidential structure not on a permanent foundation. § 153.053 PROCEDURES. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following... (2) Board of Zoning Appeals variances. (a) Any request for a variation to the development standards text that pertains to an individual single - family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(H). (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.073. § 153.073 COMPREHENSIVE RESIDENTIAL AND IMPROVEMENT. (A) Purpose. RECORD OF ORDINANCES Blank, Inc. Ordinance No. 26 -10 Passed Page 2 of 6 20 (1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality. (2) hi conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property. (B) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non - curbed streets is prohibited. No truck RECORD OF ORDINANCES Inc. Ordinance No. 26 -10 Passed Page 3 of 6 20 other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on -site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Engineer or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. The following shall be illustrative of permitted home occupations: handicrafts, art or music lessons, dressmaking, millinery, laundry, preserving and home cooking. Other uses shall be permitted by the Manager, if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., doctor's, lawyer's or architect's) on his premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (C) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall: (1) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows: (a) Trash and garbage properly located for normal and regular pickup, provided that no such items shall be permitted to remain exposed to open view beyond normal pickup times. (b) All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. (2) Permit commercial vehicles or non- private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (3) Fail to keep the exterior of all residential and commercial premises in good condition, and well - maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (4) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. (a) All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. RECORD OF ORDINANCES Blank, Inc. Ordinance No. 26 -10 30043 Passed Page 4 of 6 20 (b) hi those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. (c) All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (D) Model Homes in Residential Districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non- residential uses. (1) Application. This Section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years. (i) Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. (ii) When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. (iii) Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. (iv) For the purposes of this section, the term "occupied" shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. (v) Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs fast. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: (i) The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. (ii) External lighting may be approved provided it does not detract from the residential character of the building. In no RECORD OF ORDINANCES 26 -10 Page 5 of 6 Ordinance No. Passed 20 case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily. (iii) One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. (iv) All structures shall comply with all applicable requirements of the City of Dublin and any additional development standards for the zoning district. (v) Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on -site or on- street adjacent to the facility, except as provided in (vi) below. Parking lots for sales trailers or sales offices shall meet all requirements of this Chapter related to parking lots. (vi) Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231 (G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. (vii) An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this Section. (3) Number of Model Homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of Section 153.231 (G) prior to operating the model home or sales office. (4) Notices. The City shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within 10 days from the receipt of a complete application for a CZPA. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. (E) Corrective action by municipal officials. RECORD OF ORDINANCES ►. el C0PlT.;'.� 2n, Page 6 of 6 Passed . 20 (1) All violations of this section which remain uncorrected after not less than ten days notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. (2) Any such charges which remain unpaid for the 30 days may be collected in any manner provided by law and shall be certified by the Administration to the Auditor of each county wherein such property may be located to be charged as a lien against the property. (3) Violations occurring on construction sites may result in the issuance of a stop - work order until the site is brought into compliance. (F) Appeals. Any person affected or aggrieved by this section may appeal a decision of the Administrative Official or designee directly to Council, and the decision of Council shall be final. § 153.098 (RESERVED) § 153.161 SIGNS WITH SPECIAL CONDITIONS. (G) Signs for Model Homes. A sign permit must be obtained for model home signs. Such signs shall be permitted in lieu of an exempt residential for sale /for lease sign as described in § 153.157(1). Such signs must not exceed eight square feet in area and may not be internally illuminated. See § 153.073 for additional regulation pertaining to model homes. Section 2. This Ordinance shall be effective upon the earliest date permitted by law. Passed this �'til day of 4,c 7' 1 2010. tOWSP �. i1 O'er MW ATTEST: Clerk of Council CITY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 6141110 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager Date: June 25, 2010 Memo Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 26 -10 —Amending Sections 153 .002,153.053,153.073,153.098, and 153.161 of the Dublin Codified Ordinances (Zoning Code) Regarding Model Homes in Residential Districts (Case No. 10- 022ADM) Summary At the April 26, 2010 City Council meeting, Council directed Land Use and Long Range Planning to prepare a Zoning Code amendment that would permit staff to administratively approve model homes in residential districts. City Council received a request for consideration from the Building Industry Association of Central Ohio (BIA) in January 2010, citing concerns with the costs for special permit applications and the current financial difficulties that the housing market is experiencing. In response to the issues discussed by Council, Planning prepared draft Code language that the Planning & Zoning Commission reviewed at their May 20, 2010 meeting and recommended for approval at their June 10, 2010 meeting. Description The proposed Code amendment includes the deletion of Code Section 153.098, which required the special permit process for model homes. Much of the existing review criteria was relocated into the proposed administrative approval process added as a new paragraph (D) to Code Section 153.073, Comprehensive Residential and Neighborhood Improvement. The proposed amendments are summarized below. Duration. The proposed modification allows the Administrative Officer (Director of Land Use and Long Range Planning or designee) to approve a Certificate of Zoning Plan Approval to operate a model home for up to two years. Two -year renewals may be approved by the Administrative Officer until the development is 75% occupied, and one -year renewals may be approved until the development is 95% occupied. Sales trailers are permitted for up to two years or until a model home or alternative sales facility can be constructed, whichever occurs first. Criteria. The proposed Code modifications include review criteria for model homes that are consistent with those previously listed in Code Section 153.098, as well as other considerations that have had conditioned approvals by the Board of Zoning Appeals, such as limitations on lighting. • Notices. Land Use and Long Range Planning will notify any registered homeowners associations and all property owners within 300 feet of the site of proposed model homes, sales offices, or sales trailers at least 14 days prior to approval of a Certificate of Zoning Plan Approval. Memo re. Ordinance 26 -10 Model Homes in Residential Districts June 25, 2010 Page 2 of 2 Definitions. The proposed Code modification includes the relocation of several terms that were previously defined in Code Section 153.098 to Section 153.002 with the rest of the Zoning Code definitions for consistency. Other Modifications. Minor amendments were also made to Zoning Code Sections 153.053 (G) (2) (b) and 153.161 for consistency. Recommendation of the Planning and Zoning Commission The proposed new process was discussed with the Board of Zoning Appeals prior to consideration by the Planning and Zoning Commission. The Board had no objection to the change. At their May 20, 2010 meeting, the proposed Code language was first presented to the Planning and Zoning Commission, who were generally supportive of the proposed amendments. The Commissioners discussed several modifications, including provisions for the removal and property restoration related to all improvements made for the use of the model home, and modifications to the notice requirements to allow opportunity for public comment. The Planning and Zoning Commission also requested the addition of provisions to permit the construction of separate parking lots for model homes. The Commissioners were concerned that in some circumstances, driveway parking may be insufficient, and that on- street parking may impede traffic flow through some neighborhoods. The approved language would limit the location of parking areas so that the pavement does not project beyond the front or rear planes of the adjacent model home, and parking lots would not be permitted adjacent to any other developed lot. Additionally, the provision would require this parking lot to obtain a special permit from the Board of Zoning Appeals prior to construction. At the June 10, 2010 meeting, the Planning and Zoning Commission made a recommendation for approval to City Council. Recommendation Planning recommends City Council approval of Ordinance 26 -10 at the second reading/public hearing on August 9, 2010. Black — Existing & Relocated Verbatim Wording CC 7/1/2010 Blue— Revised Wording, Same Intent Red — Modifications Requested By PZC Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS The definitions included below are intended to supplement the terms already in Zoning Code Section 153.002 Definitions. § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL MODEL HOME. A residential structure used by a lieensed registered homebuilder /developer, real estate worker or realtor to demonstrate construction, display built -in amenities and color selection charts, and other similar sales related activities for prospective home buyers to promote the sale or lease of housing units. SALES OFFICE. A sales facility intended to promote the sale or lease of housing units located in a structure other than a model residential home or sales trailer. SALES TRAILER A sales facility located in a temporary or portable nonresidential structure not on a permanent foundation. § 153.053 PROCEDURES. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following... (2) Board of Zoning Appeals variances. (a) Any request for a variation to the development standards text that pertains to an individual single - family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(1T). (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 199.998 153.073. § 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Purpose. (1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality. Page I of 8 Black — Existing & Relocated Verbatim Wording CC 7/1/2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS (2) In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property. (B) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. Page 2 of 8 Black — Existing & Relocated Verbatim Wording CC 7/1 /2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple —New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non - curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on -site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Engineer or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. The following shall be illustrative of permitted home occupations: handicrafts, art or music lessons, dressmaking, millinery, laundry, preserving and home cooking. Other uses shall be permitted by the Manager, if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., doctor's, lawyer's or architect's) on his premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (C) Condition ofpremises; waste accumulation. No person, firm, or other property owners or residents shall: (1) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows: (a) Trash and garbage properly located for normal and regular pickup, provided that no such items shall be permitted to remain exposed to open view beyond normal pickup times. (b) All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be Page 3 of 8 Black — Existing &Relocated Verbatim Wording CC 7/1/2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. (2) Permit commercial vehicles or non - private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (3) Fail to keep the exterior of all residential and commercial premises in good condition, and well- maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (4) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. (a) All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. (b) In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. (c) All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (D) Model Homes in Residential Districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a form to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non- residential uses. (1) Application. This Section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for up to two years. Page 4 of 8 Black— Existing & Relocated Verbatim Wording CC 7 /1/2010 Blue— Revised Wording, Same Intent Red — Modifications Requested By PZC Purple —New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS (i) Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied. (ii) When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. (iii) Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. (iv) For the purposes of this section, the term "occupied" shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. (v) Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until model home or sales office is constructed, whichever occurs first. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: (i) The building which serves as the office /sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. (ii) External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily. (iii) One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right -of -way. A sign permit is required for all signs. Page 5 of 8 Black— Existing & Relocated Verbatim Wording CC 7 /1/2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS (iv) All structures shall comply with all applicable requirements of the City of Dublin and any additional development standards for the zoning district. (v) Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on -site or on- street adjacent to the facility, except as provided in (vi) below. Parking lots for sales trailers or sales offices shall meet all requirements of this Chapter related to parking lots. (vi) Freestanding, off -site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231 (G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued. (vii) An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this Section. (3) Number of Model Homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of Section 153.231 (G) prior to operating the model home or sales office. (4) Notices. The City shall notify any registered homeowners associations and all property owners within 4-58 300 feet of the site of an appreved a proposed model home, sales office, or sales trailer in a residential district within 10 days from the receipt of a complete application for a CZPA. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official. Page 6 of 8 Black— Existing & Relocated Verbatim Wording CC 7 /1/2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS fWE) Corrective action by municipal officials. (1) All violations of this section which remain uncorrected after not less than ten days notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. (2) Any such charges which remain unpaid for the 30 days may be collected in any manner provided by law and shall be certified by the Administration to the Auditor of each county wherein such property may be located to be charged as a lien against the property. (3) Violations occurring on construction sites may result in the issuance of a stop - work order until the site is brought into compliance. (-Ej(F) Appeals. Any person affected or aggrieved by this section may appeal a decision of the Administrative Official or designee Maaagef directly to Council, and the decision of Council shall be final. ('80 Code, § 1183.04) (Ord. 10 -84, passed 4 -2 -84; Am. Ord. 23 -84, passed 5- 22 -84; Am. Ord. 30 -89, passed 4- 17 -89; Am. Ord. 61 -00, passed 9- 17 -01; Am. Ord. 28 -08, passed 5- 19 -08) Penalty, see § 151999 Page 7 of 8 a ail a andto for near4gy e nature. Page 7 of 8 ail Page 7 of 8 Black — Existing & Relocated Verbatim Wording CC 7 /1/2010 Blue — Revised Wording, Same Intent Red — Modifications Requested By PZC Purple —New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS ZONING CODE AMENDMENTS § 153.161 SIGNS WITH SPECIAL CONDITIONS. (G) Signs for Model Homes. in addition te a speeial pennit f4em the ReFird 4 ;Zefli iffig ppeele, A sign permit must be obtained for model home signs. Such signs shall be permitted in lieu of an exempt residential for sale /for lease sign as described in § 153.157(I). Such signs must not exceed eight square feet in area and may not be internally illuminated. See § 153 938 153.073 for additional regulation pertaining to model homes. Page 8 of 8 PLANNING AND ZONING COMMISSION RECORD OF ACTION CITY OF DUBLIN. ,NNE 10 2010 Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016-1236 Phone/ TDD: 614-410-46DO Fax: 614- 410 -4747 Web Site: www.dublin.oh.us Cre'? t im '} The Planning and Zoning Commission took the following action at this meeting: 4. Model Homes in Residential Districts Code Amendment 10- 022ADM Proposal: Modifications to Zoning Code Sections 153.002, 153.073, and 153.098 to create an administrative review process for model homes in residential districts. Zoning Code Sections 153.053(G)(2)(b) and 153.161(G) are also proposed for minor modifications related to the proposed amendment. Request: Review and recommendation to City Council of approval of amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant: Terry Foegler, Manager, City of Dublin. Planning Contact: Rachel S. Ray, Planner I. Contact Information: (614) 410 -4656, rray @dublin.oh.us MOTION: To forward a recommendation for approval to City Council because this Code Amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure, with one condition: 1) That model home signs and associated landscaping be removed within 90 days and the property restored to conditions typical of a residential development. VOTE: 5 -1. RESULT: This Code Amendment was approved and a positive recommendation will be forwarded to City Council. STAFF CERTIFICATION i Oel i Dublin Planning and Zoning Commission June 10, 2010 — Meeting Minutes Page 29 of 39 structures remain proportional and subordinate to the principal structure, and to lot size for parcels, with one condition: 1) That the definition of "detached "enclosure" language be reloca structures. r icture" be eliminated and the the language for attached accessory The vote w o lows: Mr. Taylor, yes; Ms. Kramb, yes; Ms. Amorose Groomes, yes; Mr. yes; Mr. Zimmerman, yes; and Mr. Walter, yes. (Approved 6 — 0.) 4. Model Homes in Residential Districts 10- 022ADM Code Amendment Chris Amorose Groomes introduced this proposed Code Amendment regarding model homes in residential districts. She explained that the Commission had reviewed this Code Amendment at the previous Planning and Zoning Commission meeting and that the draft language had been revised to reflect their comments. She asked if any of the Commission members had any comments on the revised language. Kevin Walter referred to Page 5 of the draft Code language, 153.073 (D) (2) (v) and recalled the discussion at the previous meeting about removing the landscaping associated with model home signs placed in the front yards of model homes. He requested that associated landscaping be added to the text. Ms. Ray said it would be added. John Hardt acknowledged that the Commission requested the Code language in Section 153.073 (D) (2) (vi), but he observed that in the middle of that paragraph, Parking lots shall not extend behind the rear elevation or project forward of the front elevation of the model home, sounded like a good idea, but for typical homes, they might end up requiring something that would be dimensionally impossible to build, which he thought was okay. He asked the other Commissioners if that was also their objective, or if they wanted the pavement to be able to encroach in one direction or the other. Ms. Amorose Groomes said she did not think it should be in the front. Mr. Hardt agreed and said that if additional pavement were permitted to the rear, then more pavement would result farther back from the street, which would be more intrusive, particularly on nearby homes and backyards. He explained that if there was a model home that was 30 feet deep, which is typical, then there might only be a 30 -foot deep parking lot, which would be about six parking spaces. Mr. Hardt said he did not want parking lots to be too easy to build. He said if they all agreed that keeping the parking within the building footprint and not in the front or back yards is intuitively the right approach and if in some cases, it would not work, he was okay with it. He said he just wanted to make sure they agreed. He said that builders would have to think about this when they decide which model home to put on the lot. He noted that this would basically be overflow parking, and they did not need to provide many parking spaces. Mr. Hardt said he assumed side yard setbacks still applied. Ms. Ray said they would. Dublin Planning and Zoning Commission June 10, 2010 — Meeting Minutes Page 30 of 39 Ms. Amorose Groomes said that there was only one change to make to this revised document, which was about landscaping related to the model home sign. She confirmed that there were no other Commission or public comments. Motion and Vote Kevin Walter made a motion, seconded by Todd Zimmerman, to forward a recommendation for approval to City Council because this Code Amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure, with one condition: 1) That model home signs and associated landscaping be removed within 90 days and the property restored to conditions typical of a residential development. The vote was as follows: Ms. Amorose Groomes, yes; Ms. Kramb, yes; Mr. Hardt, yes; Mr. Taylor, no, as he was not in favor of eliminating the Board of Zoning Appeals special permit process for model homes; Mr. Zimmerman, yes; and Mr. Walter, yes. (Approved 5 — l.) X-e ing Code Code Amendm t 3ADM orthy briefly introduced the proposed Parking Code amendment and expl ' ed that from a discussion by City Council. He also explained that the City is a ut to begin and study for the Historic Dis trict analyzing the parking supply an emand in the District. He s ' whatever changes are made to the current Code will ap to the Historic District until mor ecific changes can be made based on the results o e parking demand study. Justin Goodwin presented a mmary of the proposed parking C e. He said the goals intended by the proposed amendment a to provide modern, but flex' e vehicular and bicycle parking standards. He said the parking relations within the curr t Code historically have resulted in more parking than necessary on indi ual sites, which e proposed amendment addresses. He said the proposed Code also incorporates stainable sign standards. Mr. Goodwin said changes to the required min um parking ratios are proposed for various uses, which is one of key elements of the propos and ' s to address one of Council's concerns. He said many of Dublin's parking ratios h been in Zoning Code since the 1980s, and many are outdated and result in excessive ement. He said anging the specific numbers is not the most critical aspect o/ement ause Planning wants to aintain flexibility as well, which is why the concept of stment is being introduc . He said currently it is very difficult to get adjustg, particularly with regard to duced parking. He said the City has a minimum r various uses, and if someone is to provide additional parking on a site it c y easily, but if a user needs less par ' g than Code requires, they must either Zarklipinu ough a variance process, or a rezoning or amended fi 1 development plan process if it lanned district. Mr. Goodwin said the variance process i not designed to address mos issues. Mr. G dwin said sustainable design standards are introduced in the proposed Code t ermit ne ypes of technology, such as pervious pavement. He presented an image of the parki lot Indian Run Falls Park as an example of pervious pavement used by the City, and said t City of Dublin Planning and Zoning Commission I Planning Report CITY OF DUBLIN, Thursday, June 10, 2010 Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio, 43016 -1236 Zoning Code Amendment: Model Homes in Residential Districts Phone / TDD: 614- 410 -4600 Fax: 614- 410 -4747 Web Site: www.dublin.oh.us Case Summary Agenda Item 4 Case Number 10- 022ADM Request Code Amendment Requires recommendation from Planning and Zoning Commission to City Council under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant Terry Foegler, Manager, City of Dublin. Case Manager Rachel S. Ray, Planner I. (614) 410 -4656; rray @dublin.oh.us Proposal This is a request for review and recommendation for amendments to Section 153.00, 153.073, and 153.098 of the Dublin Zoning Code to establish an administrative review process for model homes in residential districts. Code Sections 153.053(G)(2)(b) and 153.161(G) would also require minor modifications resulting from the proposed amendments. Planning Recommendation Approval In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure while providing clear regulations for these uses in residential neighborhoods. Planning recommends approval to City Council for the amendment. Update May 20, 2010 PZC Meeting The Planning and Zoning Commission reviewed the proposed Code amendment at their May 20, 2010 meeting. The Commissioners generally supported the proposed amendments to create an administrative approval process for model homes in residential districts, rather than requiring a special permit from the Board of Zoning Appeals. City of Dublin I Planning and Zoning Commission Case 10- 022ADM I Model Homes in Residential Districts Thursday, June 10, 2010 1 Page 2 of 3 FACTS Summary of Modifications The Commissioners requested several modifications, including: • Provisions for the removal of all improvements related to the use of the structure as a model home and restoration to conditions typical of a residential property; • Deleting the proposed revision that would prohibit garages from being converted to sales offices; • A limitation on interior lighting (to a maximum of two rooms and requiring that all other lighting be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily); • Additional parking requirements, including provisions for parking lots for model homes that would require a special permit from the Board of Zoning Appeals prior to construction; • Modification to the notice requirements for adjacent property owners and homeowners associations; and • Minor grammatical modifications and language clarifications. Facts Case Background At the April 26, 2010 City Council meeting, Council requested a Zoning Code modification that would permit Land Use and Long Range Planning to approve model homes in residential districts through an administrative process. The purpose of the proposed amendment is to continue to permit model homes in residential districts but develop an administrative approval process that will continue to ensure that residents of new and maturing neighborhoods are protected from potential adverse impacts resulting from model home operations. Code History The special permit process to allow model homes in residential districts was originally approved by City Council in 1990. The Code was subsequently amended in 2007 to consolidate the review criteria for model homes in residential districts and other minor modifications related to the overall modification to the Code Sections related to the Board of Zoning Appeals. (Planning discussed this proposed Code modification with the Board of Zoning Appeals at their April 29, 2010 meeting and the Board had no specific comments on the proposal.) At their January 25, 2010 meeting, City Council granted an extension through 2011 for all model homes that are currently operating. This action was the result of a request for consideration submitted by the Building Industry Association of Central Ohio (BIA), citing concerns with the costs for special permit applications and the current financial difficulties that the housing market is experiencing. City of Dublin I Planning and Zoning Commission Case 10- 022ADM I Model Homes in Residential Districts Thursday, June 10, 2010 1 Page 3 of 3 ANALYSIS & RECOMMENDATION Existing Regulations (Section 153.098) Analysis The Zoning Code currently requires that model homes obtain a special permit from the Board of Zoning Appeals prior to receiving a Certificate of Zoning Plan Approval to begin operating. The Board typically reviewed the proposed model home location, operational details, and appearance to ensure that the model home were consistent with the character of the existing neighborhood. Special permits were typically approved for two years in new residential neighborhoods and one year in developed or mature neighborhoods. Nine special permits for model homes were approved in 2009, and eight in 2008. Typically, the Board has approved these applications with little or no discussion and attached a standard set of conditions. These conditions have been made requirements in the proposed amendments Case Procedure Code Section 153.232(B) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council." The Commission should review the modifications, provide input where desired, and make its recommendation to be forwarded to City Council for final review and approval. Recommendation: Approval Code Amendments In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure. Additionally, the proposed modifications provide clear regulations and review criteria for the operation of model homes in residential neighborhoods. Planning recommends approval to City Council of the amendment. PLANNING AND ZONING COMMISSION RECORD OF ACTION CITY OF DUBLIN. Land use and MAY 20, 2010 Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone/ TDD: 614-410-4600 Fax: 614 -410 -4747 Web Site: www.dublin.oh.us Creating a Legacy The Planning and Zoning Commission took the following action at this meeting: 3. Model Homes in Residential Districts 10- 022ADM Code Amendment Proposal: Modifications to Zoning Code Sections 153.002, 153.073, and 153.098 to create an administrative review process for model homes in residential districts. Zoning Code Sections 153.053(G)(2)(b) and 153.161(G) are also proposed for minor modifications related to the proposed amendment. Request: Review and recommendation to City Council of approval of amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant: Terry Foegler, Manager, City of Dublin. Planning Contact: Rachel S. Ray, Planner I. Contact Information: (614) 410 -4656, rray @dublin.oh.us MOTION: To table this proposed Code Amendment. VOTE: 7-0. RESULT: This proposed Code Amendment was tabled after it was reviewed and edited by the Commission. STAFF CERTIFICATION r` 1 r~ tcl S. Ray Planner I [.' f Dublin Planning and Zoning Commission May 20, 2010 — Meeting Minutes Page 14 of 17 3. Model Homes in Residential Districts 10- 022ADM Code Amendment Steve Langworthy introduced this Code Amendment for model homes in residential districts. He said the discussion for this amendment originated several months ago when the Central Ohio Building Industry Association (BIA) requested a fee reduction for model home special permits. He said Planning reviewed the fees and the special permit process and found that almost every special permit that went before the Board of Zoning Appeals (BZA) ended up being approved without much discussion with almost always the same conditions of approval. He said when City Council reviewed the letter from the BIA, the idea came up for staff to explore an administrative process for model homes, in part to reduce the fee as well as to streamline the approval process. Rachel Ray highlighted the key provisions of the proposed Code amendment, including relocating provisions for model homes from the Special Permit section to the Comprehensive Neighborhood Improvement section, as well as time limits, new review criteria, and notification requirements. She said that the Director or designee would have the authority to approve model homes for two years until the residential district or neighborhood is 75 percent occupied, and after that point, one year approvals could be granted until the neighborhood is 95 percent occupied. Ms. Ray stated that the review criteria has remained largely the same as what currently exists, with the addition of parking requirements and additional architectural standards for garages. John Hardt said he was concerned about the notification provisions since homeowners associations and residents would only be notified after the permit was issued. He said for example, if a model home operated for two years and a neighbor had problems or concerns with it and an application to extend the use of the model home was filed, the adjacent neighbor would have no opportunity to have input into the process. Ms. Ray suggested that if residents had concerns, the concerns would be kept on record for future reviews and perhaps dealt with through the administrative review process. Mr. Hardt asked if the homeowners associations and neighbors could be notified when the model home application was received, giving them a reasonable amount of time to contact the Director if they had concerns. Mr. Langworthy said that the Code could be written to address that concern. Todd Zimmerman referred to the Notices section and requested that property owners within 250 feet be notified. Mr. Langworthy said that would be fine, but suggested that the notification radius be increased to 300 feet for consistency with other application requirements. Richard Taylor asked if the special permit process was being eliminated because of financial hardship for applicants. Ms. Ray said that applicants would still be required to obtain a Certificate of Zoning Approval, which includes a fee for Planning review and notices, although the fee is much less than the special permit fee. Mr. Langworthy explained that the Special Permit provisions cover several different approval types, while model homes are only one type, and they also tend to be the simplest of all Planning cases. He said with this proposed amendment, staff time spent on processing model homes as Dublin Planning and Zoning Commission May 20, 2010 — Meeting Minutes Page 15 of 17 special permits would be greatly reduced since they would no longer require being approved by the BZA. Mr. Taylor said he was concerned because he sees the home building industry going through a sea change, and he does not know what kinds of model homes there may be in the future. He did not see the hardship involved with these applications, which often involve perfunctory reviews anyway. He said if it was just a simple approval, it should be a simple process with the BZA with a fee that requires homebuilders to take it seriously before they start building model homes everywhere. Mr. Langworthy agreed that the number of model home applications seen in the past will not be typical going forward because large developments are not likely to be common in the future. Mr. Taylor said that because model home activity is currently low, and because there are likely to be significant changes to the home building industry in the future, this amendment seems premature. Mr. Langworthy said that if the Commission desired, the request that model homes continue to require special permits from the BZA could be forwarded to City Council. Amy Kramb asked what a `sales office' looked like, if they were considered model homes or trailers. She asked what else could be allowed in a residential district. Ms. Ray presented a photograph of the Oak Park sales office which is currently operating out of the development's clubhouse. She said the use of the clubhouse as a sales office was approved as part of the special permit process, although the clubhouse itself was part of the rezoning/preliminary development plan and the final development plan applications for the Oak Park development. Kevin Walter said he preferred the administrative process because it would be favorable to businesses. Mr. Zimmerman agreed, and recalled that he had reviewed many model home applications over the three years he served on the BZA. He said they always met the criteria and were generally consent items. He said he had no problem with the administrative approval process. Mr. Langworthy pointed out that over the last four years, he had not seen any opposition to model homes from residents at any BZA meetings. Ms. Amorose Groomes suggested that the Commissioners begin commenting on the proposed Code amendment by section. Mr. Hardt referred to the definition of `Residential Model Home.' He asked for a clarification of the `license' requirement. Ms. Ray explained that the term `licensed homebuilder /developer' was used in the original text. Mr. Langworthy added that homebuilders must be registered by the City. Mr. Hardt requested that `licensed' be replaced with `registered.' He said licensure implies state oversight or some kind of governmental authority to him. Mr. Walter referred to Section 153.073 (D) (2) (c) (i), and said he disagreed with the provision that would prohibit garage conversions to sales offices. He said the intent of a sales office is to sell homes, and getting customers to come to a front door could be more intimidating than going to a sales center in a garage. Mr. Hardt agreed with Mr. Walter. Mr. Langworthy agreed that the section could be eliminated. Dublin Planning and Zoning Commission May 20, 2010 — Meeting Minutes Page 16 of 17 Mr. Walter referred to Section 153.073 (D) (2) (c) (iii). He was concerned that the portion of the front yard where the sign and landscaping were located would not be fully restored after the sign and landscaping are removed when the model home is no longer in use. Mr. Hardt suggested there be a provision for removal. Ms. Amorose Groomes agreed and said the sign landscaping should also be removed. Mr. Langworthy suggested a provision for removal and restoration. Mr. Zimmerman asked about limiting interior lighting in the model home. Mr. Langworthy said that the two -room limitation on lighting had been inadvertently left out of the amendment, but Planning would make sure to include it. Mr. Walter referred to Section 153.073 (D) (2) (c) (v). He said he was in favor of having a parking area with several parking spaces for the sales facility rather than on- street parking, as long as they were removed when the model home is sold. He asked if it would be a problem to require that the driveways be expanded to include a small parking area. Mr. Langworthy requested that the Commission reconsider that idea because it was hard to have paved area removed. He said that the new homeowners may like the extra parking and request that it remain. Mr. Walter clarified that his concern was that on- street parking interfered with the boulevard in his neighborhood. He suggested the use of parking pavers instead of pavement. Mr. Langworthy said if that was what the Commission wanted, something could be written in the Code to that effect, but it would need a higher level of approval. He said parking areas are more likely to become disruptive to the neighborhood, and they would have to draft a Code that allows stand- alone parking lots in residential districts. Ms. Amorose Groomes requested that Planning explore the issue. Mr. Langworthy agreed to prepare something for review although he was concerned about the potential for unintended consequences. Ms. Kramb referred to Section 153.073 (D) (3) Number of Model Homes, and said the language seemed too vague since `excessive' is not defined. Mr. Walter said this was one place where he saw the homebuilding industry changing. He said he could see a centralized location with two or three model homes for touring in one area, rather than one model home in every subdivision. Jennifer Readler explained that in the event that someone disagrees with Planning's interpretation of `excessive,' there is an appeals process in the Zoning Code. She thought the language was reasonable. Motion and Vote Mr. Walter made the motion to table this proposed Code Amendment. Mr. Fishman seconded the motion. The vote was as follows: Ms. Kramb, yes; Mr. Taylor, yes; Ms. Amorose Groomes, yes; Mr. Hardt, yes; Mr. Zimmerman, yes; Mr. Fishman, yes; and Mr. Walter, yes. (Tabled 7 — 0.) in Code 10- 023ADM Code Amendment Motion and Vote Mr. Walter made the motion to table this proposed is the motion. CITY OF DUBLIN- land Use mW Long Range Planning ,,500 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone/ TM 614-410-4600 Fax: 614 -410 -4747 Web Site: www.dubfin.oh.us City of Dublin Planning and Zoning Commission Planning Report Thursday, May 20, 2010 Case Summary Agenda Item 3 Case Title Model Homes in Residential Districts Case Number 10- 022ADM Request Code Amendment Requires recommendation from Planning and Zoning Commission to City Council under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant Terry Foegler, Manager, City of Dublin. Case Manager Rachel S. Ray, Planner I. (614) 410 -4656; rray @dublin.oh.us Proposal This is a request for review and recommendation for amendments to Section 153.00, 153.073, and 153.098 of the Dublin Zoning Code to establish an administrative review process for model homes in residential districts. Code Sections 153.053(G) (2) (b) and 153.161(G) would also require minor modifications resulting from the proposed amendments. Planning Recommendation Approval In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure while providing clear regulations for the operation of these uses in residential neighborhoods. Planning recommends approval to City Council for the amendment. Facts Case Background At the April 26, 2010 City Council meeting, Council requested a Zoning Code modification that allows Land Use and Long Range Planning to approve model homes in residential districts through an administrative process. The purpose of the proposed amendment is to continue to permit model homes in residential districts but develop an administrative approval process that will continue to ensure that residents of new and maturing neighborhoods are protected from potential adverse impacts resulting from model home operations. City of Dublin I Planning and Zoning Commission Case 10- 022ADM I Model Homes in Residential Districts Thursday, May 20, 2010 1 Page 2 of 3 FACTS Code History The special permit process to allow model homes in residential districts was originally approved by City Council in 1990. The Code was subsequently amended in 2007 to consolidate the review criteria for model homes in residential districts and other minor modifications related to the overall modification to the Code Sections related to the Board of Zoning Appeals. (Planning discussed this proposed Code modification with the Board of Zoning Appeals at their April 29, 2010 meeting and the Board had no specific comments on the proposal.) At their January 25, 2010 meeting, City Council granted an extension through 2011 for all model homes that are currently operating. This action was the result of a request for consideration submitted by the Building Industry Association of Central Ohio (BIA), citing concerns with the costs for special permit applications and the current financial difficulties that the housing market is experiencing. Existing Regulations (Section 153.098) The Zoning Code currently requires that model homes obtain a special permit from the Board of Zoning Appeals prior to receiving a Certificate of Zoning Plan Approval to begin operating. The Board reviews the proposed model home location, operational details, and appearance to ensure that the model home will be consistent with the character of the existing neighborhood. Special permits are typically approved for two years in new residential neighborhoods and one year in developed or mature neighborhoods. Nine special permits for model homes were approved in 2009, and eight were approved in 2008. Typically, the Board has approved these applications, with little or no discussion, and attached a standard set of conditions. These conditions have been incorporated into the proposed amendments. Proposed Amendments The proposed modification eliminates Code Section 153.098, which requires the special permit process, relocating most of the existing review criteria into the administrative approval process in new provisions of Section 153.073, Comprehensive Residential and Neighborhood Improvement. Section 153.073 The proposed modification creates a new Section 153.073(D), renumbering Sections 153.073(D) and (E) to (E) and (F). The proposed amendment allows the Director of Land Use and Long Range Planning to approve a Certificate of Zoning Plan Approval to operate a model home for up to two years. Renewals may be permitted for additional two year increments until the subdivision is 75% occupied. After the development is greater than 75% occupied, Certificates of Zoning Plan Approval may be granted for up to one year intervals until the development is 95% occupied, at which point operation of the model home must be discontinued. Sales trailers are permitted for up to two years or until a model home or alternative sales office can be constructed, whichever occurs first. City of Dublin I Planning and Zoning Commission Case 10- 022ADM I Model Homes in Residential Districts Thursday, May 20, 2010 1 Page 3 of 3 ANALYSIS & RECOMMENDATION Minor modifications are proposed to the review criteria for model homes to provide for locations within a development to facilitate access and identification and external lighting requirements. Planning also recommends placing limitations on garage alterations to sales offices and to include clear sign and parking standards that are consistent with other sections of the Zoning Code and past conditions placed by the Board of Zoning Appeals. As part of this process the City will notify homeowner /condominium associations and all adjacent property owners of any Certificates of Zoning Plan Approval issued for model homes, sales offices, or sales trailers. Definitions (Section 153.002) Definitions pertaining to the model homes in residential districts were added to the Definitions section of the Code for "Residential Model Home," "Sales Offices" and "Sales Trailer." Other Modifications Code Sections 153.053(G)(2)(b) and 153.161(G), Signs for Mode/ Homes were modified to reference the requirements of Section 153.073 (this amendment) rather than 153.098 (special permits). Analysis Case Procedure Code Section 153.232(B) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council." The Commission should review the modifications, provide input where desired, and make its recommendation to be forwarded to City Council for final review and approval. Recommendation: Approval Code Amendments In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure. Additionally, the proposed modifications provide clear regulations and review criteria for the operation of model homes in residential neighborhoods. Planning recommends approval to City Council of the amendment. EXISTING CODE SECTION § 153.053 PROCEDURES. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (2) Board of Zoning Appeals variances. (a) Any request for a variation to the development standards text that pertains to an individual single - family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231 (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153. 098. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION § 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Purpose. (1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality. (2) In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property. (B) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. 0) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non - curbed streets is prohibited. No truck other than one van -type truck may be used in connection with a home occupation. If this vehicle is stored on -site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Engineer or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. The following shall be illustrative of permitted home occupations: handicrafts, art or music lessons, dressmaking, millinery, laundry, preserving and home cooking. Other uses shall be permitted by the Manager, if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., doctor's, lawyer's or architect's) on his premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (C) Condition ofpremises; waste accumulation. No person, firm, or other property owners or residents shall: (1) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows: (a) Trash and garbage properly located for normal and regular pickup, provided that no such items shall be permitted to remain exposed to open view beyond normal pickup times. (b) All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. (2) Permit commercial vehicles or non - private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (3) Fail to keep the exterior of all residential and commercial premises in good condition, and well- maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (4) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. (a) All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. (b) In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. (c) All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (D) Corrective action by municipal officials. (1) All violations of this section which remain uncorrected after not less than ten days notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. (2) Any such charges which remain unpaid for the 30 days may be collected in any manner provided by law and shall be certified by the Administration to the Auditor of each county wherein such property may be located to be charged as a lien against the property. (3) Violations occurring on construction sites may result in the issuance of a stop -work order until the site is brought into compliance. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (E) Appeals. Any person affected or aggrieved by this section may appeal a decision of the Manager or the Code Enforcement Officer directly to Council, and the decision of Council shall be final. ('80 Code, § 1183.04) (Ord. 10 -84, passed 4 -2 -84; Am. Ord. 23 -84, passed 5- 22 -84; Am. Ord. 30 -89, passed 4- 17 -89; Am. Ord. 61 -00, passed 9- 17 -01; Am. Ord. 28 -08, passed 5- 19-08) Penalty, see § 153.999 § 153.098 MODEL HOMES IN RESIDENTIAL DISTRICTS. (A) Purpose. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing types; to preserve the quality of residential life for nearby residents; and to protect residential areas from uses which are not residential in nature. (B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL MODEL HOME. A residential structure used by a licensed homebuilder/ developer, real estate worker or realtor to demonstrate construction, display built -in amenities and color selection charts to prospective home buyers and promote the sale or lease of housing units. The model home may be staffed and furnished. (C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or appropriate designee after approval of a special permit by the Board of Zoning Appeals for a model home. The Board of Zoning Appeals shall approve, disapprove or approve with conditions, a special permit based on its proposed location in the community. In addition to the provisions of § 153.23l (G)(3), the Board shall consider that the proposed model home be: (1) Sited so that it is easily accessible and identifiable; (2) Integrated into the residential character of the neighborhood with external lighting approved on a case by case basis. No exterior lighting other than usual and customary residential lighting shall be permitted at the model home after 9:00 p.m. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (3) Approved for a limited duration not to exceed two years for model homes in new subdivision and not to exceed one year in developed or mature neighborhoods. Extension of the duration of model homes may be permitted by application to the Board of Zoning Appeals. The Board shall consider the same criteria in approving extensions as is prescribed for initial applications. (4) Identified by no more than one sign in compliance with the sign code; (5) The special permit application will describe the use proposed for the model home including: (a) Hours of operation. (b) Number and type of employees. (c) Maximum number of employees to be on site at any time. (d) Provision for parking for employees and customers. (D) Fee. A nonrefundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to establish a model home. ('80 Code, § 1184.09) (Ord. 101 -90, passed 11- 19 -90; Am. Ord. 28 -08, passed 5- 19 -08) Penalty, see § 153.999 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION § 153.161 SIGNS WITH SPECIAL CONDITIONS. (G) Signs for Model Homes. In addition to a special permit from the Board of Zoning Appeals, a sign permit must be obtained for model home signs. Such signs shall be permitted in lieu of an exempt residential for sale /for lease sign as described in § 153.157 Such signs must not exceed eight square feet in area and may not be internally illuminated. See § 153.098 for additional regulation pertaining to model homes. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts CITY OF DUBLIN_ Law uw aw smoON 1236 Dubin, Ohio 1016.1236 Phone /TDD:616i141600 Fax 61"10.471] Web Sla: www.dubfnoh.w 1. ishop's Crossing - 10-016V (Approved 4 — DRAFT DUBLIN BOARD OF ZONING APPEALS MEETING MINUTES APRIL 29, 2010 Yard Setback— Tidrks Residence 68 Burnside Lane Non- c (Area) Variance Administrative siness Chair Victoria -well calle/ammy o order at 6:30 P. . Other Board.membe resent were Ban re Shankar, K and Patrick T ran. Brett Page was sent. City reps Men ves present were NOW lading, Steve Langw y, Amanda Mah om Merce, Ryan CI ogers. Ks. Newell reported th rior to the start of the eeting, the City's Law irector, Steve Smith, administered the Oa f Offic/re-appoin members Kathy Fer n and Patrick Todoran Motion and V e Bangalore S ar made a my Victoria N ell, to accept the doc ents into the recor a vote was as foon, yes; Todoran, yes; Ms. Ne I1, yes; and Mr. S kar, yes. (Approved �Totion and Vote Victoria Newell made motion, seconded by /hanka ar, to ap ove the March 25, 201 meeting minutes resented. Th e vote w as fFer n, yes; Mr. Todoran ; Mr. Shankar, y ,and Ms. Newe11, yes. pprove Motion a Vote Bangal a Shankar made a moti , seconded by ll, to elect Patrick odOran as the 201 oard of Zoning App s Vice Chair. The follows: Ms. F guson, yes; Mr. T Oran, yes; Ms. Newell es; and Mr. Shankar, d 4 — 0.) Motion and Vote Patrick Tod( ade a motion, second y Bangalore Shankar, elect Victoria Newell the 2010 Board o oning Appeals Chair. a vote was as follows: s. Ferguson, yes; Ms. ewell, yes; Mr. 5 ar, yes; and Mr. Tod yes. (Approved 4 — .) Administrative Report Rachel Ray reported that at the April 26, 2010 City Council meeting, staff was directed to look at drafting a Code modification that makes the operation of model homes in residential districts an administrative process. She said that model homes currently require a special permit from the Board of Zoning Appeals for two years, and extensions for typically one year. She noted that Dublin Board of Zoning Appeals D _ R°�` Apri129, 2010 — Meeting Minutes r h k i r Page 2of4 Council had requested the Code modification in order to streamline the process and make the process a little more customer - oriented in light of the current economy and the state of the housing market. The Board members agreed that the Code modification was warranted and indicated their support. TTamtpy Noble - Flading arip&unced tZforer a training program r the planners, I R will be taking her ace as the to the Board of ning Appeals. She at Ms. Ray has b with the BZar and she wi now be the primary ci Ms. Newell said t they will miss ng, but kno that they will be in goo with Ms. Ray. r. Shankar thanked ing for a of her assistance over ye. Ms. NeWA swore in those int to speak in regaz to the case on the Ag a including the app/_ d uglas Tiazks, del Tiazks, and City r resentatives. 's Cro g —Rear Yard Seth — Tiarks Residence 6839 Burnside L V on -Use (Area) Vari ce Plast t Amanda Mahar pr e led this request for a v ante to the rear yard tback reqor the Bishop's Crossi subdivision. She desc ' ed the site and the ex' tng patio in trd. She explained the applicant is requ mg a variance for the ocation of a pats not meet the mi ' um rear yard setback 34.5 feet. She said th the variance, if app uld permit a p 'o to encroach 8.5 feet i o the required rear yaogetback. fvls. Mahar said that Tanning has review he application bas on the t review crit established for vari c/equirernents. ts. She said all three of the firsts of criteria is required t e met, and Planni hained that a first and second eria have not been She pointed out the pocated a comer lot, and m similarly shaped lots ve been able to act odate s lures such as decks patios within the bui ble area of the lot ' hout the nee ' nce, and although the plicant did not build home 10 feet back om the front btback line, the applic could modify the pat ayout to comply wA the rear yard set uirements. She said t the site is zoned as planned district, an d e same regulations a ll properties in same zoning district. / Ms. Mahar said t t in terms of the seco set of criteria, two oft four criteria have be met; however, Pl ng is recommending pproval of this requ because of the failur to meet tw /th e required criteria in a first section. Kn asked about a purpose of: e setb k requirement. Ms. le Flading said se quired for s ial sepa ration bete ctures. Victoria Newell exp ned to the applicants at the full Board is no present this ening, should the Boaz embers in attendant nd themselves split er whether to ev approv the variance, the v ance would be defeat since a majority vote i equired. She noted tha ere is an opportu ' to table this request another meeting whe there is a full Board, r proceed tonight. Newell confirmed th , aethe applicant would li to proceed. Do as Tiazks explained t t there are special con ' ions for this property. a pointed / W e house is set back 10 t from the front build' g line due to the nano ng of the fro lot, and there is a 35- of setback along the a of the lot because it ' adjacent to T Drive. He said th use of these setb s, the home had to b ituated to meet RECORD OF PROCEEDINGS Minute. of Dublin CdyS.ouncil Ylecciq Apri 23, 2010 Page 12 H_ld 20 Mayor LeddidSplianked staff for the presen ions, noting that Council t ' discuss this Z agai May 10. He asked that nil Members retain their plats for the ot r for the neM hearing on 10. aquas[ to remove Ordinan 42 -09 from table and for hearing on May 10, 0 [Ordinance 42-09 - ending Section 153.002 a Creating Section 153.099 Dublin Codified Or ' ances (Zoning Code) regar Outdoor Seasonal Plan play and Sales. ass 09-045ADM)J ith stated iha aff has been working to re ve soma remaining issues d ts that the inane be scheduled for h ring on May 10. enan d to take Ord 42.09 the table and schedule i or hearing on . rb seconded the motion. he I n' Mr. Reiner, ab in; Vlee Mayor Salay, yes; s. Boring, yes; Mayor er, yes; Mr. Keenan, yes: s. Chlnnkl- Zuercher, yes; .Gerber, yes. STAFF COMMENTS Mr. Foeeler reported: 1. The Admi ' tration has been vrorking Century Got, the firm hfr y the i ceiv o operate the Got Club of in. Century has offered eve a pr enWtive attend a Council ling to discuss any coots s well as e near term plan far opereti s. They have met with the allantree esidenls association, and a wilting to meet with Coun as well. 2. Brower Hatcher, 6icen al public artist will return to ublin on Monday, May 3 to meet with reside at 7 p.m. at the DCRC. In ddition, Mr. Hatcher will o meet with students m Scottish Comers and seniors from the DCRC during his visit. COUNCIL COMMITf REPORTS /COUNCIL R NOTABLE Rep3tlecl that she attended one a Cites volunteer recogni' nprograms 10 week Many leans ware i Xmber e, and it demonsu es that Ms. ardecchia has done an ex lengaging teens' the Dublin volunteer Pmg n• Noted that she was a to pa a confer ce cell sponsored by the National league of eand thn Ne k nationally to disass m Cites of Servi ' illative. There m ens of the NLC who paNcipated I a call b team ab 'shave done with this init' ive. Ms. Nerd is had provided heupdate b the September r ort to Council nd Ms. Nardecchia wig ing a more comprehens' update rega mg Cities of Service in Me 1.Congratulated Mr. Mc I and staff for the Dublin E epreneurial Center open house, which w or well attended. 2. Noted that she atte ad the luncheon with the s fors as part of the voluntas recegnition. It-Is derfuI to have so many lots involved in vountsa ri 3. Noted that she has several zoning issues to dng to the table. Savera ars ago, the Board of Zoning Appeals proposed that model home permits be handled administratively to streamline the process. She suggested that Council direct staff to bring Council whatever legislation is appropriate to have the model home permits handled administratively versus by the BZA. Vice Mayor Salay expressed support, assuming the model home in question is in compliance with the regulations. Mr. Langworthy noted that a standard set of requirements has been developed for model home permits, and this is built into the approval process with BZA. Mrs. Boring moved to direct staff to bring legislation to Council to have the model home permits handled administratively and not by BZA. Mr. Gerber seconded the motion. 10- 022ADM Mayor Lecklider asked what brought this to the forefront at this time. Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes or Dublin City Council Apra 25.2010 Page 13 Hold 2u Mrs. Boring responded that this discussion occurred at a joint meeting with BZA several years ago, and was never resolved. Ms Chinnkt- Zuercher noted that she has observed that these permits generally fag under the consent agenda of the BZA meetings, indicating they are a routine mater. Mayor Lecklider asked if Council desires that BZA give this some consideration prior to directing staff to bring legislation to Council. Vice Mayor Belay stated that she would support having BZA weigh in on this matter. Mr. Langworthy rioted that a BZA meeting is scheduled on April 29, and staff will hying this matter to their attention at that time. Vote on the nation Ms. Chinnici- Zuercher, yes; Mr. Rainer, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Belay, yes; Mayor LedcUder, yes. 4. She hax1concems with eocessory sl re size beinX ercentnge of footprint of the house. Sev al years ago, Coseed ory structure size bei sed on the percenverage. For a ge lot the accessary s ure would not have m the neighboring residence. event case Irwdvatl a lot and the acce ssory sWdure s' wee based on the footprin . Marry of the older properties in blip are large land masses ith smaller houses Than those built Coda How many Umes has a va ' ce been heard regarding size d the a assory s any in relation a percentage of the foot of the house Mr. Langworhy re nded that he can recall fo suc h cases during his tenu with the city. Mrs. Boring ad if stall Presented infor ion regarding those pees ere variances were &esented as part of the recant ps resentation at BZA. Mr. by responded that t Ily, the history of past cas hat are similar in nat and are in W with the packet s. uggested that st look Into having an access building based on scale t the land. Mr. Foegler clarified at she is suggesting that for rger parcels, there might b other criteria or a y to vary the Zionate buildings as opposed to hwrmel lot coverage resin one that would Ms. Sal tated that it is not on a perce ntage of a existing principal stmct .The accessory buildinnate with t of versus proportionate wit a exbtire structure on the Mr. Foegler asked if Counpirwould like staff to consider urging forward some amendments to eddy a issues for larger parcels Council agreed. Ms. Belay ad that she would like to see pros and cons as wall — u erslanding the worst case rio that could occur wit is change. Ms. C ' nic, Zuercher noted ghat s was present at M for th Baring on the case ref encetl. There was no verb resentaZhe ge stent ff of the ' torical information about riances. Tha sW Gure is I l ed along tRiver d the prope The accessory sWcture disapproved. , a 4 garage acce was approved on SR 7 in River Forest jour Ambenelgh N for approval is that' as attached to a homs inconsistent wit Code — addressi the location and propof a home. Mr. Langwo stated it is a quirk in the C tams detached distaff Ms. Chi ci- Zuercher stated that lthts nteds to be reviewed im conk a because of the size of he s, the large lot sizes, and ne s of residents. i r. This will only asing storage 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of_.__.______._ _ .. DuD9nC0yCamal___. _..__. ..-.- -- . __._. Mertin; January 25, 2010 Page 10 received $7 , 00, which was raimbu ement for the City's cods to upgrade its systems Mat it could receive ' eless 911 calls. The nies from the fee collect' have been accumui ng in lieu of Frenkli ounty developing a met dology for Me dislrib n of the funds. Var' us methodologies wer c sidered based upon po ation or upon number wireless 911 calls receiv or jurisdictions o(thia e, a hybrid of the two f ors will be used. Infor lion has been provided i the packet regarding t breakdown by jurisdic' n. For comparison purpo s, In 2009 Dublin receiv 21,000 wireless 911 and only 5,000 wired 91 calls. When this legis ion is adopted, the Cit f Dublin will receive an i ' I payment of $161,00 . From that point forw , funds will be received thly from Franklin Cou Mayor ider noted that the a ement has a sunset pro ' ron. Ch' pperson corrected an roc in staffs memo: T sunset provision in Me a emenl ends collodion Me fee on December 3 2012, not 2011. Beyo at point, the City may have much need forth unds. However, ranewi the agreement would be a option. Ms. Chinnici -Zu her stated that even th gh the cost of this inf ructure has been reimbu , Mere will be a future to upgrade the equip nt. Chief Epp on responded that ac rding to the terms of a agreement, a stgnifica amount of money, $4 on, will be set aside y Me 911 Planning Boa o take Me entire county the oath ganaretkm of Infrastmdure. Of the fu s Dublin receives, 50 pe nt mey be spent on pe noel costs. The other rcent may t>a spent onl n equipment upgrade. er 2010, th e City may nd any remalning funds for other purpose. Vote on the Reso ion: Mr. Keenan, yes; Reiner, yes; Ms. yes; Mr. Gerbe , yes; Mayor Lecklider, yeaVice Mayor Salay,: OTHER • Model Home Permits —Building Industry Association Request for Fee Waiver Mr. McDaniel stated that the City received a request from the Building Industry Association of Central Ohio requesting a waiver of the annual fee for maintaining a special permit for a model home. The need is due to the financial difficulties the home building industry has experienced this past year. A new model permit is effective for two years, after which they are renewable annually. There are twelve model homes within the City that are part of this request. There are three options for Council: (1) take no action; (2) waive the special permit fee; or (3) grant a one- year extension of the existing model home permits. The second option would require additional staff time and a Board of Zoning Appeals waiver, the third option Is recommended by the Finance and Legal departments. The extension would be granted for all twelve permits. The City's cost would be $15,000 over a three -year period. Vice Mayor Salay inquired if these are active model homes. Mr. Smith responded affirmatively. Vice Mayor Salay inquired if they are complying with conditions. Mr. McDaniel responded that staff has been monitoring them for compliance, and they are currently compliant Vice Mayor Salay moved to grant a one -year extension for model homes whose permits are expiring In 2000 and 2010. Mr. Gerber seconded the motion. Mr. Keenan asked if the motion should include 2011 also, as recommended by staff. f 0- 022ADN Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council __. .. :blcciin;; January 25, 2010 Page 11 Hcld p Vice Mayor Salay amended her motion to Include those model home permits expiring In 2011. Mr. Gerber accepted the amendment Vote on the motion Vice Mayor Salay, yes; Mr. Reiner, yes; Mayor Lecidider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms Chinnici- Zuercher, yes. Reques o Remove Ordinance 47 Heart at the February 8, 201 4 Mc S stated that Mr Hale he odic 47 remain on the table. DI ssions going. ModiBcadons to t COIC are anticipa ched tes returning to until in appro ordinance be su for a hearing. STAFF COMM TS Mr. Foeglor tad that he has There ar couple of pending with th lerk of Council to sc fiOUNCIL COMMDTEE R Mr. Gerber stated that la nig presentation on DubgrTV. It each month's prod tan. that she and Mr. meeting, MORPC naging the 208 Pt 89 from the Table and S acute for iuncil Meeting. tied that the applies asks that Ordinance with the applican nd property owner are under conside ,pstion , as well. He / d 3Wmonth to request the 'memo updating Council o;Kcertain items. will require Council a / ct�{ He will meet e items. he had the opportu ' to view a Storytellers iZrefer ction and he looks forwar MORPC bo meeting. not take responsibility X Foegler responded that a also attended the publiqKeetings that the Ohio EPA sponsored on that t tc. It Is dear OEPA doe of want to be the 208 Planning entity force al Ohio. Other large met Titan dlstricb to the Ste have their own dis ' is established. The OE? Xis the 208 Planning agent for the rest of the stat hey nodes that there at roblems with overiappin pproved service area . There are two staff me rs who spend about 25 cent of their time with a 208 Plan. OEPA's po . on is that they will take IN an only if their mem _w ish them to do so. Th esponsibllity will stay wit a OEPA if a CoprIcil of Governments does t assume the responsibili . 2. Shared an ODOT br ure, which contains OD s goals. The Dispatch recently publish n article about pedestria nd bicycle ash location She will ask lh lark to copy Council on ODOT brochure and co the Bicycle Ta orce on the Dispatch art' e. 3. Noted she continues to be con ed about the parking sit 'on in the Histo ' District Council membe receive comments about s on a re ar basis. Staff has advls Council that an update o his situation will e brought to Council soo Council may need to ma an investment in the near future to addre this. r. Foegler indicated this it would 6e scheduled on next meeting agerWa. Ms. Chinnicl- Zuercher s ed that the employees of a businesses in the Distri are using all the spat in the parking areas. Th will not park a distance f in where they work. 4. Stated she hopes that the BdHi as is formally cleaned up r the St. Paid s Day parade. She was ' appointed to hear tonight at the co mitment was for the publi ' provements to be comp ed by St. atrick's Day, and not the erall site. She had not un rstood that previously. Hopefully, t site can be cleaned up b at time. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts CITY OF DUBLIN. Land use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone / TDD: 614- 410 -4600 Fax: 614-410 -4747 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION NOVEMBER 15, 2007 The Planning and Zoning Commission took the following action at this meeting: 2. Board of Zoning Appeals Process 07- 102ADM Administrative Request Code Amendment Proposal: Modifications to various Code sections related to the general purpose and operations of the Board of Zoning Appeals. Request: Review and recommendation for approval to City Council of Code modifications under the provisions of Code Section 153.234. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble - Flading, Senior Planner. Contact information: (614) 410 -4649, tflading @dublin.oh.us. MOTION: To approve this Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process. VOTE: 6-0. RESULT: This Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process was approved with minor modifications. It will be forwarded to City Council with an approval recommendation. STAFF CERTIFII�CATION ammy . Noble - Flading /� Senior Planner `� Planning and Zoning Commission November l5, 2007 —Minutes Page 4 of t9 2. Board of Zoning Appeals Process Administrative Request 07- 102ADM Code Amendment Tammy Noble - Flading said the intent of the Code Amendment is to compile all information related to Board of Zoning Appeal into one section. She said these amendments were approved by the Board of Zoning appeals on October 25, 2007. Ms. Noble - Flading said all of the Board of Zoning Appeals modifications are included in the proposed text. Mr. Walter said the proposed language appears to take the mundane tasks and assign them to the Director of Land Use and Long Range Planning. He said if a resident has an appeal it will be assigned to the Board of Zoning Appeals for a public hearing. Ms. Noble- Flading said many of the administrative processes that have been assigned to the Director are currently being handled administratively. Mr. Langworthy said that no authorities were changed. Mr. Fishman asked if the Board of Zoning Appeals had issues with the proposed modifications. Mr. Langworthy said no. Mr. Fishman said he had an issue with the Director determining alternative parking arrangements for home occupation uses and it not being reviewed by the PIanning and Zoning Commission. Mr. Walter said if there is an issue which falls under this pretense the issue will first be taken to the Director of Land Use and Long Range Planning, if it is not properly resolved the issue will go to the Board of Zoning Appeals. Mr. Langworthy clarified that in order to go from the Director to the Board of Zoning Appeals a person would have to submit an appeal. Mr. Fishman said he is concerned that in the absence of Mr. Langworthy that another individual would make a decision which is unsatisfactory. Mr. Langworthy said that the decision can still be appealed; however, these types of situations are not a common occurrence. Motion and Vote Mr. Gerber made a motion to approve this Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.0I9, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Mr. Saneholtz, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; Mr. Gerber, yes. (Approved 6 - 0.) 3. Iscetlaneeus Code Ch ges 07- 110ADM J niter Rauch presented a miscellaneous park and ride facilitie , swimming pool fen Rauch stated that aft language regardicFg included within to packet. 7 Administ ive Request de Amendment ranges related to pet re uses, fitness use, I drive -thins on m - tenant buildings. Ms. of these topics xcept the drive - thins as Ste fgw rth w stated the re 6n for the proposed certa uses and where he they fi ithin the SIC Cod . ed t goal is to eliminate t se of the SIC Code, b or ddresses these uses. a ndments is a result o Inquiries for gnation within the curr t Code. He said now we need clear , Code language that 10- 022ADM Administrative Request Zonin Code Modification Model Homes in Residential Districts Phone. 6144104600 ' Lac 614 - 4104747 ' Web $its: ww.dublinah.us ' The Board of Zoning Appeals took the following action at this meeting: 1. Code Amendments -Board of Zoning Appeals Code Amendments 07- 102ADM Proposal: BOARD OF ZONING APPEALS BOARD ORDER OCTOBER 25, 2007 CITY OF DUBLIN. .' land Lisa and . Long Range Planning City of Dublin Council. 60006hler -Rings Rood Jane S. Brautigam, City Manager, City of Dublin. Du61in, Ohio 430161736 Jennifer M. Rauch, AICP, Planner Phone. 6144104600 ' Lac 614 - 4104747 ' Web $its: ww.dublinah.us ' The Board of Zoning Appeals took the following action at this meeting: 1. Code Amendments -Board of Zoning Appeals Code Amendments 07- 102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the'general purpose and operations of the Board of Zoning Appeals. Request: Review and approval of text modifications, related to the Board of Zoning.Appeals, which will be forwarded to the City of Dublin Council. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Jennifer M. Rauch, AICP, Planner Contact information: ( 614) 410 -4690, jrauch @dublin.oh.us. MOTION: Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, as discussed.. VOTE: 4 -0. RESULT: This Code Amendment was approved. , RECORDED VOTES: Drew Skillman Yes Jeffrey Ferezan Yes Bangalore Shankar Yes Keith Blosser Yes Sean Cotter Absent STAi F CERTIFICATION mmy J. n ob' e- Flatting / Senior Planner (( I0- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Board of Zoning Appeals Minutes — October 25, 2007 Page 2 of 4 1. Code Amendments -Board of Zoning Appeals Code Amendments 07- 102ADM Tammy Noble - Flading presented the Code Amendments and stated that the amendments are directly related to roles and responsibilities of the Board of Zoning Appeals. Planning is presenting the amendments to the Board and any comments would be forwarded to the Planning and Zoning Commission on November 15, 2007. She said the entire Code, as it related to the Board of Zoning Appeals, was reviewed by Planning with the exclusive purpose to take any sections that referred to the Board of Zoning Appeals and compile them into one section of the Code. She stated that most of the modifications are clerical or administrative in nature. Mr. Ferezan asked how many years it had been since the Code had been reviewed. Mr. Gunderman said in the six years he had been with the City, he could not remember anything about the Board being changed or updated in the Code. Mr. Skillman noted that he had only found verbiage changes that were needed in the Code. Mr. Ferezan confirmed that the purpose of the Board of Zoning Appeals had not changed. Ms. Noble - Flading said there were sections in the Code that had been changed to reference the Director, but in those instances, those processes are already being reviewed, and approved, administratively. Mr. Blosser said that applicants rely on Planning to assist in the process and to offer suggestions and avenues to compromise. He said he knew Planning worked hard to not have an application come before the Board and he appreciated it. He said he thought the revisions were good and comprehensive. Mr. Ferezan suggested that the Board ask specific questions rather than having Ms. Noble- Flailing review the changes to each section of the Code. Mr. Blosser noted that on Page 4, Section 153.090, an `e' was missing in the word `Purpose'. Mr. Blosser, Mr. Skillman and Mr. Shankar did not have any questions on this Code section. Ms. Noble- Flading pointed out that the most significant modifications were proposed in Section 153.231. She said the idea was that all the current sections that refer to the Board of Zoning Appeals be compiled in this chapter of the Zoning Code. She said that a Purpose Statement was added that included a general description of the Board including how many members were appointed to the Board and the length of their terms. Mr. Blosser suggested in (C) (2) Special permit, that the words `required by' be replaced with `provided under'. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Board of Zoning Appeals Minutes — October 25, 2007 Page 3 of 4 Mr. Blosser pointed out that there were two sections labeled (D) (1) (t), and the second one should be a (g) instead. Ms. Noble - Flading said she did make that notation. Mr. Blosser commented on (D) (3) and said he liked the wording and it was very well done and thought out which helped to clarify. Mr. Blosser suggested that Decisions (E) (1) Actions of the Board of Zoning Appeals read: "During, or within a reasonable time following a public hearing..." Mr. Blosser referred to (E) (3), and suggested it read: "Any decision of the Board of Zoning Appeal shall not become a final City record until minutes of the meeting, at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals,... ". He said then, after the Board votes, it is a final action, and then later the Board is ratifying the minutes of that action, but it would allow Planning to act on what they had done so that there is no delay for the home owner or developer. He said that would also remove the need to bring to the Board's attention for a separate action, any kind of hardship created. He said it would streamline it. Ms. Noble - Flading said Planning had discussed this in great length, and are still discussing it with the Legal Department. She suggested that Mr. Blosser's proposal could be forwarded to the Legal Department for consideration and the outcome of the discussion would be presented to the Planning and Zoning commission. Ms. Noble - Flading clarified that Sections (E) (6 through 8) were all language to help with enforcement measures. Mr. Blosser said he had no questions about them and thought they were very good. Mr. Skillman asked if on Page 6, Section (F) (2) should read 30 days and not 20 days. Ms. Noble - Flading said this section was referring to administrative appeals where home owners/ developers are appealing a decision of the staff, to the BZA. The 30 days was referring to appeals of a BZA decision that would be referred to the Court of Common Pleas. Mr. Blosser said as a matter of clarification, he suggested instead of saying Administrative Appeal, saying Administrative Appeal to the Board of Zoning Appeals, to clarify the type of appeal process, that is being referenced in the section. Mr. Blosser said he had no questions regarding the proposed language on Page 9. Ms. Noble - Flading referred to Section (1) Appeals from the Building Code Standards and said currently, there is no review criteria for appeals to the Building Code Standards. She said the Building Code adopted by the City of Dublin does have language in its Code, but Planning is trying to incorporate some language in the Zoning Code. She stated that Planning is still working with both the Building Department and the Legal Department and additional language would be added, prior to the Planning and Zoning Commission. She stated that Planning would also present the information to the Board of Zoning Appeals, once approved. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Board of Zoning Appeals Minutes — October 25, 2007 Page 4 of 4 Mr. Blosser asked that the Reconsideration Rule, Section IX of the Board of Zoning Appeals Rules and Regulations, be included into the Code revision, because the reconsideration is a vital part of the due process. Motion and Vote Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, as discussed. The vote was as follows: Mr. Ferezan, yes; Mr. Shankar, yes; Mr. Skillman, yes; and Mr. Blosser, yes, (Approved 4 — 0.) The meeting was adjourned at 8:22 p.m. Respectfully submitted, r Flora Rogers and Libby Farley 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting page Two am Council Members: About a mooch ago we ask that you take she followi . actions: I� Imnediaceiy Coati. our requests to Be ;aware d Franklin County mMssione rs Co change the oncord and Washington ovachip lines. After the vewbsr election, estnb t£s a Ctctzcns' Conraitte to study and make recamme 4Class on fire a emergency service in the oncord - Dublin are., lncludtng identification ail options and e aluation of all issues. If any solution proposed or implementation requires a change in township I es, submit to to the cos idencs effected f a voce ca approve or raj C. As evidence by t s[gnaiuzes on the petit la s, copes attached, rest nts wane the right to vet on any !, boundary th c. We hope lac you can cake the Anmedi a action reques •d at your meeting Novembe 19, 1990. S1 ad by Bill Uttley and Devi L. Nile, Co- iairmen of the Commlctoe A ins[ the Boundary Change.•' .r. Uttley noted that the titions contained approx! [sty 100 signatures, and said the of chose approached 95% s d that they would like to voce on w issue. 4. Mr. Tom Reese, rep .,.tin& M. F. Buccerftel , spoke regarding a one acre woods site 'orated ac 7136 Av.r Road, chat one acre being part of family -owned 5 acre site Mr. Rees. r erred to the City's Lands ping Code which lays that alt trees Having n crank diameter of 'a or greater sball be pre crv<d. ife not chat the family has sins the 19409 been dependent rhos rrees as income and a hem source. Idr, R.. said that same of a neighbors want the tree, cut down !le others wan[ them pre reed, but that the family ants only the right to do with the wool as they desire. Mr. Amoroso did note at the ordinance does sc: a that if a tree becomes hazardous, otentiaily causing proper damage or damage to individuals c t the owner does have a r ght to remove those trees. Ms. Maurer ondered what would be the appropriate forum for this request does a variance need to granted; is it a mercer r the a rd of 2oa£og Appeels, etc . Hr Smith said that he would scuss the matter with st and r<pocc zek to Caaectl at a later ace. ordinance No. 101-90 - Ordinance Amending Section 1184 of the Dublin Codified Ordinances - Special Peruits. Third Reading. Following the last Council meeting, Me, Kurtz said that several changes had been rtwde in the ordinance, addressing the concerns of- CWacTl, as well as changes being made after staff met with representatives of Chu Suiid[ng lndasery Assoc iatitn and several member companies. Those changes being - exeapt£ag cents in residential areas that were accessories for private parties or bona fide special events from the requirement of a special permit. With regard to nodal homes; that lighting will be reviewed on a case by case basis and case lighting at model homes will not be permitted after 9LOO P.H. Also, the permitted live for model homeal there will be a differentiation between model homes in new subdivletons and chose in mature neighborhoods. 10-022A DM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Mlnntea of Dublin City COUQcll Meeting Meeting November L9, 1990 Page Three Ms. Maurer moved t approve the amendments. j Mr. Sutphen seconded the motion. Vote on the motion to emend - Ms. Maurer, yes; Mr. Strip, yes; Mr. Amoroso, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes. vote on the Ordinance - Ms. Maurer, yes; Mr. Strip, yes; he. More.., yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Hr. Sutphen, Y.S. Ordinance No. 102 0 - Ordinance Amending Sect io 705.02 Of the Codified Ordinances - 0 and Three Panily Doelli Code. ( H). Third Z Roadln8 po reed chat staff had t atted all of the differene acted that futl support been obtained with no props amend - ode. Voce on the Ordinance - Mr orphan, yes; Mr. Strip, yes; ..yet Razaaskt. yes, He. Maurer, yas; H • King, yea; Hr. Campbell, ye , Mr. Amorose, yes. Following dtscusslo , Mr. Strip moved to add an of ccive date of January 1991 co the 0 manta. Mr. Sutphen s ended the motion. 'dote - Mr Sutphen, yes; Mr. Stc ip, yes .ayor Rozanski, yes; MZ.. yes; King, yes; Mr. Campbell, y Mr. Amorose, yea. imncu No. 104-90 - Ordinan< Authorizing the city Naneger and Sign and mutually Beneff at Agreem�enc with Cellular 0 and Approve the Use of Avery rk for a Cellular Telephone C Site. (9). Second Reading. Ms. Ducts noted tb there was, in Council's pot , a Letter from the attorney for Am itech, Supporting the locatio of the police antenna with the Cal let One telephone tower, that Bing on top of the water tower at ecy Park. She o reported that Cellular One s agreed to a deed rescriccl on cfi site and that the deed restri ion says that Cellular One w1 nac se the Manley Road site to In to a permanent cellular tell no cower if the site at Avery Park c be Leased, and also that the wilt nut sell the site on Manley Road another cellular telephone o cover building corporation, although rther slating chat chit s is a co say that a Lot to the north or a to the south cannot be used or a cellular telephone ,cite, that area sing in Concord Township. It was also eporced chat the lease says c c if Cellular Co. would cboo co build nether cower at a tacer dare ac the company is required t goes a City a 90 day advance roc is and at they will <aoperace th the i in finding an aIturn.tiv• a Lotion that might be better or the cy of Dublin. with regard to a temporary , lk. Kurtz said that SC s her ender - understanding that the c pan, facts chat they have a ad to have a Sempora site at Man y Road or at Avery Park, and at they would intend co put up a 100'no a tower that would be place at the Manley Road site until the lead 'mo required for the fabricec n of the platform and installation same at She site at Avery P k is completed. 8r. Suep a suggested putting the temp try cower at the Avery Park s e 6Y we N "a, wondered whechor at n the temporary cower is real] a eg tcimac0 need, and also sa' that she bad never accepted a concept that Cellular One is Prov ng a service chat iZ of life And death. Mr. Miller dlsagroa noting chae they often ro calls and atso snfd chat the se ice 1n the area Ls not adeq t from bath a business st.. pint and from a Itc..sing sigPdp.iAt better service is needed Sn c area. L0- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting tiovowber 5, 1990 'f ho rogul' ly scheduled meeting of the lin City Council was called o order by to ayor 9av id Amoroso at ]:30 f. on Monday, NovemZ51�9_ S. gt rip Led the Pledge of All fanae. :fersLers of Council presun 'ere: Mr. M1moros e, Mr. Campo , Ms. Maurer, Mr. Scrip and sucphca. Mayor Rocanski arrly Br05 P.M. Z�. Manager, and Mr. Stephen S h, Law Director, w also c the following members of a City Staff- Mr. Bowman, Ms. ffman, Mr. Jones, Mr. Le , Mc. Mack, Mr. McDaniel, Mr. rea mer, Ms. Puskareik. oved co approve C1� mi..Cas of the Oc coher 15, 0 meeting of Council. Mrs. King seconded the mo on. Vote - Mr. Amoroan, ye Mi. Campbell, yes; Mrs. K[n , yes; Ms. Haure r, yes; Mr. Strip, yes; Mr. uc plan, yes. There wet o obJecc ions to the CransEc of two Liquoz permits - ono am Gram Inveatment Company co thoma KL,g, Inc. (Applebee's) fora U5 per the other from Grafrtar i scmenc Company to IaCrande , air Inc. ( S. High Street, Dublin) for Di, D2, DS permit. Mrs. Mecz reported chat a [ crendum petition had been f[ t as regards the ce<encty onnezetl ]33 at Ero hington Tovnship. m Was Mr. Smith said chat had nu[ had an opportunity review the petition so he could no4 this time, make a re corenend ton to Council since cLo re arc a nu. or of issues to be adore sled n that [here is a gresc deal of law as r rda ihictacLves, referendum ad challenges eo annoxaeians Chief ' rretl ancouncod chat the Dub a City Schools Board of Educ roe had etc !y honored Cho DARE program s a whole, and Officer Mike F arson in titular, with a ftcsolucion om the Dublin Board of Educac n. Ms. Gtorgiann Oeni.eco, ch 'ubstance Abuse Counselor at 'blta il[gh School read the Resolution and csonted the Resolution co Of or Epporson. Chief Ferrell also cknawledgcdeho work and invo ement Ln the program of Officer Randy L s and Officer Mike McGaskey s wall. Comacncs m Uri.... M J. Chaisson of the Emergency vices Committee spoke with r and ca 11 hanging of the boundaries L uncord Township(Muirfield, s noted C both cho Frank lln County rnstssf one rs and cLc Ociawara ounty Commissions will be meccing rd '.ring oa the it.. on Mo nbcr 7.0, 1990. Mr. Cha tss on requested ct it aiEtrmac the action w taken on the issue at that time by el Lhor oup that same type of legal ,EEirmative ac [ion Do taken by the Uublin icy Council. M> Cha m son et' said that if [ho comma sslon s of bah count les cake the ey required co cake by Saw eh. , hope fully, [lee Concord T s would not spend chc taxpa rs money and go for a cases said chaL she felt the a was a shame chat the cart ns cannot ovember 6cL on the c •s that Chey will pay. Mr. Chaisson noted that h group has encouraged that s, ppa rte rs co vote far the Concord Townshf- levy, / Ordinance No. 101 -90 - Ordinance Amending Section 1184 of the Dahlia Codified Ordinances - Special Permits. Public clearing. There were no rogisteted peopomcnes. Registering up, ... ncs were Mr. John HrG.ry and Mr. Bill Fannin of the 01A. 1.0- O22ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council Mecting Meeting page Two Ms. Adore Kurtz briefly summarized several changes chat the Planning Oepartm has proposed regarding the reorganization of the Special permit section of t Code, sLra.mLining the process, eakleg it user friendly, ate. She noted char two now sections have been added to the Code - the firs, one being temporary structures and uses such as consC ruction era tiers and portable classrooms, which would be regulated by clarifying the duration of such uses as well as being placed in areas that would be aOsthacI.zlLy pleasing. Ms. Kurtz noted chat commercial zone construction trailers would require a site plan which would accompany the building permit. Those in residential areas would be examoe from a special permit, but the applicant would be required to meet with staff co find a mutually satisfacto location. Ms. Kurta then referred to probably the most controversial portion of the ordinance, that section that deals with model homes in a residential distric The requirements would be that proposed model homes bo easily accessible and idenclflable, integrated into the character of the neighborhood with no external lighting ocher than the usual and customary residential lighting, approved for a limited duration not to exceed one year and only while buildii lots or units are available in the developee at, identified by no mare than one sign In compliance with The sign code and the special permit application to describe the use for the proposed model home (hours of operation, number and types of employees, provision for parking far cmpleyacs on the site). Mr. Campbell said chat the planning Commission was In agreement and also noted Oar the Board of Zoning Appeals would be handling the Special permit applicac ions. Me, Maurer noted than the ordinance does not provide an exemption for a tent that is associated with a speclai event. Ms. Kurtz said that the ordinance says that cents are not subject to a special permit review by the Board of Zoning Appeals. Mr. Bowman said that the intent was nor to regulate the festival kind of Cant Mr. Scrip noted that cents are used quire frequently for private parties, being attached co homes, and wondered perhaps if the City was not running the risk of over- regulaC fen. MS. Kurtz said than it vas not .he intent to regulate tents used for res£dencial parry purposes. Hr. Amoroso suggested that perhaps council would feel more comfortable with language to that effect in the Ordinance. He. Sob. M,G.Cy of the BIA said that they aIran and app roc lace the sereom- lining of the yroccss; that they want to be good neighbors, but that the builders need to sell homes to remain in business, visibility being an Important aspect of potential sales. One of the concerns, he noted, was that vhieh dealt with to external lighting He said that for most of the year chat would be no problem, but chat an evenings when It gets dark early ar there is bad weather that perhaps there could be a middle ground, such as a time limitation, the lights going off aC 9:OD. A second concern, Mr. McCory said, was the one year limited duration time, noting that in larger developmen cs It would be difficult to sell all the toes in one year, and that extensions of Lima might be difficult cc get granted, given the criteria suggested. He said that they would hope chat the fine for which the permit is granted could be variable, dependant upon how large the development might be. Mr. Hendry said that the renewal requirement for the permit could present a problem, and that they would prefer to avoid such a stfuation. Mrs. King said that she did not foresee a problem with the renewal If a developer has a legitimate number of lots still available to be sold. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting November 5, 1990 Page Three Mr. Sutphen agreed with Mrs. King as regards the above, and also expressed a concern about the possibility of over - regulating, mentioning speckfically cents on private property. He also agreed with Mrs. King chat something would need to be worked out as regards the lighting of the mode[ homes. Mr. McCory said that he did nor think that there would be any objection to regulating the direction in whirh the lighting shines. He. Maurer said chat she would not have a problem with exterior Lighting that Is regulated by time and direction. Mr. gill Fannin noted that the lighting could serve as a trine dotorrant, and suggested regulation regarding the lighting to made on a site by site basis. Me also expressed a concern regarding the requirement chat there be only one small sign Indicating a model homo. It was agreed chat staff and Mr. McCory work together co come up with some language that will accomplish the desires of staff as well as not cause the builders undue difficulty. There will be a third reading of the Ordinance at the regularly scheduled Council meeting on N."mber 19, 1990. Mayor Rozaaski arrived at 8:05 P.M. RX tut[on Mo. 48- - Resolution Adopting Goals or 1991 and Adopting a Ss Roper f Goals gstab3lshed for 1990. bird Reading. Agreed at Cowci[ and Staff CE should a pride in [heft accomplish nos Jg c past year. P! ley sa1S that eh is copse u1 De a subject Eor fuc ure new. cns as a aeons of informing t community about the Council ccomplish- �r to 3990 as veil as chc Is foe 1991. Mzing movetl co amend L m 7 ( "C.mplea. the ➢£keway S tom Gtthin t0 Ys ") Dy adding chc £ ow Sng: "the engine r ing Eor o construction of a eway along S.R. 5 Erom Bridge SC reef to CLt Road has begun, ch. g e Parkway blk ay isneariy comp lcec, and wooing Ls underway for afoaai D(ke y segments ". moxose eeonded the moef on. on a motion - Mr. Campbell, y ; Mr. Strip, yes; Mrs. King, es: Mr. , yes; -Mr. Sutphen, yes; M or Rozanskl, yes; Ms. Maurer es. on the Resoluc Lon - Ms. P r.r. yes; Mayor Rozarski, y Mc. Sutphen, y Mr. Amoroso, yes; Mrs. Kin yes; Mr. Strip, yes; Mr. Ca .Lt, yes. Ordinance 80. [00-90 zdinanee Amending Chapter I [(Income Tax) of the Codified Ordinance, of th¢ City of Dub Ll.. Seto Reading. It vas noted tt Seetlon C81.[y Zding. of a Board of Appeal s) had been added c chc ordinance sinceading. Mr. St moved co amend the Ord - Ghat the Board bo pointed by Cc tit on the recommendati on e CoZ re,, H X� M ec seconded the mottos t. r. Ambrose, yes; Mr Campbell, yes; Mra. King. yes-, zanski, yes; Hr. trip, yes; Mr. Sutphen, Moso moved cu give the three time reading an emerge ey. Mg second. the motion. Vote Mayor zansk i, yes; Hr. Scrip, yes• .r. Amara se, yes; Mr. Sat phey, yes; M red, yes, Nr. Camphett. yes; rs. King, yes. Vchc Ordinance - Hr. Campbe' yes; Hr. Sutphen, yes; Mr. ose, yes Ms, yes; Mr. Strip, yesp M Maurer, yes; May Rozaask yes. 10- 022ADNI Administrative Request Zoning Code Modification Model Homes in Residential Districts C I T Y O F D U B L I N Oep attm r. nl of Pla m, ny 0 001a:00!11 nM RECORD OF ACTION DUBLIN PLANNING AND ZONING COMMISSION OCTOBER 4, 1990 . The Planning and Zoning Commission took the following action in the application below at its regular meeting: S. COMMISSION REVIEW OF PROPOSED AMENDMENTS TO PLANNING AND ZONING CODE: Chapter 1184 Special Permit (revision) Chapter 1129 Board of Zoning Appeals (revision) Chapter 1131 Planning and Zoning Commission (new) MOTION: Recommendation of Code Revisions to City Council for adoption. VOTE: 6 -0 RESULT: Affirmative Recommendation. of Code Revisions to City Council for adoption. STAFF CERTIFICATION: ` �J"6cci. ` Name /Title 10- 02ZADM Administrative Request ,!91 For R,f Stmo b105, D,mm. Ch, 43017 614 7616< 'Zoning Codc Modi IIcation Model Homes in Residential Districts Minutes of Meeting Dublin Planning and Zoning Commission October 4, 1990 Page 14 Zthis rking lot exoan on (across MaX is to be te, includin landscaping and prior to ecoming of ective.ed t motion. The vote w s as follows: Mr. F yes; Mr. Berlin, yes; M Kranstuber, yes; A Leffler, yes; Mr. anus, yes; Mr. Campbell, yes. (Approved 6 -0). The ecommendation to be orwarded X.-IIIJ Board of 7on' g Appeals is for ap 'oval of the Condit al Use. Ms. Pi ce mentioned that t 's case will be prese 'ed to tine Board of App. s on Thursday, Octo r 25, 1990. 9. Proposed Amendments to the Zoning Code Ms. Kurtz gave presentation regarding these proposed amendments and discussed changes. 1. The Board of 'Zoning Appeals will handle Special permits in the future. 2. The Planning and Zoning Commission will have the power to grant Conditional Uses, eliminating the need for a second hearing. 3. Heliports will be accessory uses to a permitted principal uses in commercial and residential areas. 4. Dish antennae must be screened from adjacent properties and must be removed within twelve months of ceasing operation. 5. Ham radios will be allowed in residential districts with several restrictions. 6. Portable structures and temporary uses must be screened, have appropriate amounts of parking, function well within the site, etc. Y 7. Model homes must be sited so that it is easily accessible and n\ identifiable, integrated into the residential character of the neighborhood and have no external lighting other than the usual and customary residential lighting, have a limited duration not to exceed one year. S. New chapter of Zoning Code will outline the Planning and Zoning Commission powers and duties. Mr. 7 e Lef er suggested that wh e fees are indicated that they be non- fundable. He also a ed why, after the pl shave been approved does i take 30 days to issu a permit. Ms. Kurtz a-d th:ere are times en the plans need to be rev' o or something else igh` detain it. Other Bu Mr. Kran Planning book. ,M mentioned that the Bowman he just ordered Xom the American order Commis ner, is a very good for he commissioners. better way to infor contiguous than Run Meadow p ple were He quoted fr the above book, to serve as, otificatinn. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts r . Kranstuber asked Ms. Clarke if there we property owners ' -etings iseveral of t upset that they not receive notifi is an example of sting a sign on the >ropes City of Dublin Planning and Zoning Commission Planning Report CITY Or DUBLIN- Thursday, June 10, 2010 Law U. gnd bng RWgo mnnfng S WJ STgrxvgs Road Do i Ohio MI61]'6 Zoning Code Amendment Model Homes in Residential Districts Pho n e710 0: 61 b 410-1 W O Fox- 613.1647{7 Wet, 50U:+rvw.(:IlnCul.oi).U4 Case Summary Agenda Item 4 Case Number 10 -022ADM Request Code Amendment Requires recommendation from Planning and Zoning Commission to City Council under the provisions of Zoning Code Sections 153.232 and 153.234. Applicant Terry Foegler, Manager, City of Dublin. Case Manager Rachel S. Ray, Planner I. (614) 410- 4656; rrayQdubiin.oh.us Proposal This is a request for review and recommendation for amendments to Section 153.00, 153.073, and 153.098 of the Dublin Zoning Code to establish an administrative review process for model homes in residential districts. Code Sections 153.053(G)(2)(b) and 153.161(G) would also require minor modifications resulting from the proposed amendments. Planning Recommendation Approval In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure while providing clear regulations for these uses in residential neighborhoods. Planning recommends approval to City Council for the amendment. Update May 20, 2010 PZC Meeting The Planning and Zoning Commission reviewed the proposed Code amendment at their May 20, 2010 meeting. The Commissioners generally supported the proposed amendments to create an administrative approval process for model homes in residential districts, rather than requiring a special permit from the Board of Zoning Appeals. City of Dublin I Planning and Zoning Commission Case 10- 022ADM I Model Homes in Residentlal Districts Thursday, June 10, 2010 1 Page 2 of 3 FACTS Summary of Modifications The Commissioners requested several modifications, including: • Provisions for the removal of all improvements related to the use of the structure as a model home and restoration to conditions typical of a residential property; • Deleting the proposed revision that would prohibit garages trom being converted to sales offices; • A limitation on interior lighting (to a maximum of two rooms and requiring that all other lighting be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily); • Additional parking requirements, including provisions for parking lots for model homes that would require a special permit from the Board of Zoning Appeals prior to construction; • Modification to the notice requirements for adjacent property owners and homeowners associations; and • Minor grammatical modifications and language clarifications. Facts Case Background At the April 26, 2010 City Council meeting, Council requested a Zoning Code modification that would permit Land Use and Long Range Planning to approve model 'homes in residential districts through on administrative process. The purpose of the proposed amendment is to continue to permit model homes in residential districts but develop an administrative approval process that will continue to ensure that residents of new and maturing neighborhoods are protected from potential adverse impacts resulting from model home operations. Code History The special permit process to allow model homes in residential districts was originaily approved by City Council in 1990. The Code was subsequently amended in 2007 to consolidate the review criteria for model homes in residential districts and other minor modifications related to the overall modification to the Code Sections related to the Board of Zoning Appeals. (Planning discussed this proposed Code modification with the Board of Zoning Appeals at their April 29, 2010 meeting and the Board had no specific comments on the proposal.) At their January 25, 2010 meeting, City Council granted an extension through 2011 for all model homes that are currently operating. This action was the result of a request for consideration submitted by the Building Industry Association of Central Ohio (BIA), citing concerns with the costs for special permit applications and the current financial difficulties that the housing market is experiencing. City of Dublin I Planning and Zoning CommWon Case 10-022ADM I Model Homes in Residential Districts Thursday, June 10, 2010 1 Page 3 of 3 ANALYSIS & RECOMMENDATION Existing Regulations (Section 153.0951 The Zoning Code currently requires that model homes obtain a special permit from the Board of Zoning Appeals prior to receiving a Certificate of Zoning Plan Approval to begin operating. The Board typically reviewed the proposed model home location, operational details, and appearance to ensure that the model home were consistent with the character of the existing neighborhood. Special permits were typically approved for two years in new residential neighborhoods and one year in developed or mature neighborhoods. Nine special permits for model homes were approved in 2009, and eight in 2008. Typically, the Board has approved these applications with little or no discussion and attached a standard set of conditions. These conditions have been made requirements in the proposed amendments Analysis . Case Procedure Code Section 153,232(8) grants the Planning and Zoning Commission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council" The Commission should review the modifications, provide input where desired, and make its recommendation to be forwarded to City Council for final review and approval. Recommendation: . Approval R•rr Amendments In Planning's opinion, the proposed amendment streamlines the approval process for model homes in residential districts by creating an administrative review procedure. Additionally, the proposed modifications provide clear regulations and review criteria for the operation of model homes in residential neighborhoods. Planning recommends approval to City Council of the amendment. Black— Existing & Relocated Verbatim Wording PZC 611012010 Blue — Revised Wording, Same Intent Underlined — Revised Since PZC 5120/2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS The definitions included below are intended to supplement the terms already in Zoning Code Section 153.002 Definitions. § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL MODEL HOME. A residential structure used by a licensed registered homebuilder /developer, real estate worker or realtor to demonstrate construction, display built -in amenities and color selection charts, and other similar sales related activities for prospective home buyers to promote the sale or lease of housing units. SALES OFFICE A sales facility intended to promote the sale or lease of housing units located in a structure other than a model residential home or sales trailer. SALES TRAILER A sales facility located in a temporary or portable nonresidential structure not on a permanent foundation. § 153.053 PROCEDURES. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following... (2) Board of Zoning Appeals variances. (a) Any request for a variation to the development standards text that pertains to an individual single - family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231(H). (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098 153.073. § 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Purpose. (1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality. 10- 022ADM Page 1 of Administrative Request Zoning Code Modification Model Homes in Residential Districts Black— Existing & Relocated Verbatim Wording PZC 6/10/2010 Blue — Revised Wording, Same Intent Underlined — Revised Since PZC 5/20 /2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS (2) In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property. (B) Horne occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. 10- 022ADM Page 2 of g Administrative Request "Zoning Code Modification Model Homes in Residential Districts Black — Existing& Relocated Verbatim Wording PZC6 /10/2010 Blue — Revised Wording, Same intent Underlined — Revised Since PZC 5/20/2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. (j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non - curbed streets is prohibited. No truck other than one van -type truck may be used in connection with a home occupation. If this vehicle is stored on -site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Engineer or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. The following shall be illustrative of permitted home occupations: handicrafts, art or music lessons, dressmaking, millinery, laundry, preserving and home cooking. Other uses shall be permitted by the Manager, if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., doctor's, lawyer's or architect's) on his premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (C) Condition of premises; waste accumulation. No person, firm, or other property owners or residents shall: (1) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows: (a) Trash and garbage properly located for normal and regular pickup, provided that no such items shall be permitted to remain exposed to open view beyond normal pickup times. (b) All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be 10- 022ADM Page 3of8 Administrative Request Zoning Code Modification Model Homes in Residentiai Districts Black— Existing & Relocated Verbatim Wording PZC 6 /10 /2010 Blue — Revised Wording, Same Intent Underlined Revised Since PZC 5/20 /2010 Purple —New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. (2) Permit commercial vehicles or non - private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (3) Fail to keep the exterior of all residential and commercial premises in good condition, and well- maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (4) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. (a) All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. (b) In those instances where such vacant property is being used contrary to municipal zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. (c) All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (D) Model Honics in Residential Districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non- residential uses. (1) Application. This Section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise. (2) Approval. The Administrative Official or apprepriate designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met. (a) Model homes and sales offices may be approved for un to two years. 10- 022ADM Page 4 of Administrative Request Zoning Code Modification Model Homes in Residential Districts Black— Existing & Relocated Verbatim Wording PZC 6/10/2010 Blue — Revised Wording, Same Intent Underlined Revised Since PZC 5/20/2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS (i) Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential distriet development as defined in the application for a CZPA is 75% occupied. (ii) When the residential disWet er subdiNqsien development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year. (iii) Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied. (iv) For the purposes of this section, the term "occupied" shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder. (v) Once operation of the model home or sales office is discontinued . all improvements made for the purposes of the model home or sales office use, including but not limited to signs, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days. (b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first. (c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following: (i) The building which serves as the officelsales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood. 6ara¢es mswbe used -t'er- internal - sales- and -diselaw>urooses- but exterttal alterations �l'�l.l�' J• (ii) External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 am. daily. 10- 022ADM Page 5 of s Administrative Request Zoning Code Modification Model Homes in Residential Districts Black — Existing & Relocated Verbatim Wording PZC 6/10/2010 Blue — Revised Wording, Same Intent Underlined — Revised Since PZC 5/20/2010 Purple —New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS (iii) One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight -foot setback from the right-of-way. A sign permit is required for all signs. (iv) All structures shall comply with all applicable requirements of the City of Dublin and any additional development standards for the zoning district. (v) Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on -site or on- street adjacent to the facility except as provided in (vi) below Parking lots for sales trailers or sales offices shall meet all requirements of this Chapter related to parking lots. (vi) (vii) An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this Section. (3) Number of Model Homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is stazti affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of Section 153.231 (G) prior to operating the'tffod"el home or sales office. (4) Notices. The City shall notify any registered homeowners associations and all property owners within 130 300 feet of the site of a mm000sed model home, sales office, or sales trailer in a residential district within 10 days from the receipt of a comolete application for a CZ The notice shall at a minimum Page 6 of 8 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Black — Existing & Relocated Verbatim Wording PZC 6/10/2010 Blue — Revised Wording, Same Intent Underlined Revised Since PZC 5/20/2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS indicate the p that is the su of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for pub lic comment prior to a determination bathe Administrative Official. (D)(L) Corrective action by municipal officials. (1) All violations of this section which remain uncorrected after not less than ten days notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. (2) Any such charges which remain unpaid for the 30 days may be collected in any manner provided by law and shall be certified by the Administration to the Auditor of each county wherein such property may be located to be charged as a lien against the property. (3) Violations occurring on construction sites may result in the issuance of a stop - work order until the site is brought into compliance. (£>)(F) Appeals. Any person affected or aggrieved by this section may appeal a decision of the Administrative Official or designee Ma}teget directly to Council, and the decision of Council shall be final. ('80 Code, § 1183.04) (Ord. 10 -84, passed 4 -2 -84; Am. Ord. 23 -84, passed 5- 22 -84; Am. Ord. 30 -89, passed 4- 17 -89; Am. Ord. 61 -00, passed 9- 17 -01; Am. Ord. 28 -08, passed 5- 19 -08) Penalty, see § 153.999 . , nt�n!e!sninnr+rsre� WOW 10- 022ADM Page 7 of 8 Administrative Request Zoning Code Modification Model Homes in Residential Districts Black — Existing & Relocated Verbatim Wording PZC 6110/2010 Blue — Revised Wording, Same Intent Underlined — Revised Since PZC 5/20/2010 Purple — New Wording PROPOSED MODEL HOMES IN RESIDENTIAL DISTRICTS CODE AMENDMENTS § 153.161 SIGNS WITH SPECIAL CONDITIONS. (G) Signs for Model Homes. _Appeals, A sign permit must be obtained for model home signs. Such signs shall be permitted in lieu of an exempt residential for sale/for lease sign as described in § 153.157(1). Such signs must not exceed eight square feet in area and may not be internall illuminated. See "§ 133 995 153.073 for additional regulation pertaining to model homes. 10- 022ADM Page R of Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION § 153.053 PROCEDURES. (G) Modifications to approved final development plans. Requested modifications to approved final development plans shall be reviewed according to the following: (2) Board of Zoning Appeals variances. (a) Any request for a variation to the development standards text that pertains to an individual single - family dwelling shall be reviewed as a variance according to the procedures set forth in § 153.231 (b) Requests for establishing a model home within the Planned Development District shall be reviewed according to the requirements of § 153.098. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION § 153.073 COMPREHENSIVE RESIDENTIAL AND NEIGHBORHOOD IMPROVEMENT. (A) Purpose. (1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the municipality. (2) In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property. (B) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods. (1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards: (a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District. (b) No sign shall be used in connection with a home occupation, nor shalt any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling. (d) The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or sheds, whether attached or unattached, shall not be used for home occupations. (e) No mechanical or electrical equipment shall be used except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations. (f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (g) There shall be no outdoor storage of equipment or materials used in the home occupation. (h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time. (i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood. 0) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non - curbed streets is prohibited. No truck other than one van -type truck may be used in connection with a home occupation. If this vehicle is stored on -site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street. (2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Engineer or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two -year period thereafter. (3) Permitted home occupations. The following shall be illustrative of permitted home occupations: handicrafts, art or music lessons, dressmaking, millinery, laundry, preserving and home cooking. Other uses shall be permitted by the Manager, if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., doctor's, lawyer`s or architect's) on his premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to. (C) Condition ofpremises; waste accumulation. No person, firm, or other property owners or residents shall: (1) Cause or permit waste, garbage, trash or any debris such as lumber and building materials, unused tires or other material to accumulate or remain on their property except as follows: (a) Trash and garbage properly located for normal and regular pickup, provided that no such items shall be permitted to remain exposed to open view beyond normal pickup times. (b) All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable and secure enclosure no smaller than ten cubic yards. The 10- 022ADIM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in air approved landfill. The enclosure shall be removed from the site within ten days of issuance of the occupancy permit or within ten days of cessation of active construction work. (2) Permit commercial vehicles or non - private passenger vehicles exceeding four to be parked or remaining in open view upon the premises of a residential neighborhood except in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction. (3) Fail to keep the exterior of all residential and commercial premises in good condition, and well- maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions. (4) Keep all vacant lots mowed as often as necessary in keeping with the character of the neighborhood to prevent pestilence, insect infestation, and to discourage use of the property for dumping or landfill purposes. (a) All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the municipality. (b) In those instances where such vacant property is being used contrary to municipal zoning Iaws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with municipal officials. (c) All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris. (D) Corrective action by municipal officials. (1) All violations of this section which remain uncorrected after not less than ten days notice to the owner or resident, may be corrected by the municipality, or by any person, firm or organization selected by the municipality, and the costs thereof shall be paid by the owner of such property within 30 days. (2) Any such charges which remain unpaid for the 30 days may be collected in any manner provided by law and shall be certified by the Administration to the Auditor of each county wherein such property may be located to be charged as a lien against the property. (3) Violations occurring on construction sites may result in the issuance of a stop -work order until the site is brought into compliance. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (E) Appeals. Any person affected or aggrieved by this section may appeal a decision of the Manager or the Code Enforcement Officer directly to Council, and the decision of Council shall be final. ('80 Code, § 1183.04) (Ord. 10 -84, passed 4 -2 -84; Am. Ord. 23 -84, passed 5- 22 -84; Am. Ord. 30 -89, passed 4- 17 -89; Am. Ord. 61 -00, passed 9- 17 -01; Am. Ord. 28 -08, passed 5- 19-08) Penalty, see § 153.999 § 153.098 MODEL HOMES IN RESIDENTIAL DISTRICTS. (A) Purpose. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality, to provide home builders a foram to demonstrate housing types; to preserve the quality of residential life for nearby residents; and to protect residential areas from uses which are not residential in nature. (B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL MODEL HOME. A residential structure used by a licensed homebuilder/ developer, real estate worker or realtor to demonstrate construction, display built -in amenities and color selection charts to prospective home buyers and promote the sale or lease of housing units. The model home may be staffed and furnished. (C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or appropriate designee after approval of a special permit by the Board of Zoning Appeals for a model home. The Board of Zoning Appeals shall approve, disapprove or approve with conditions, a special permit based on its proposed location in the community. In addition to the provisions of § 153.231 (G)(3), the Board shall consider that the proposed model home be: (1) Sited so that it is easily accessible and identifiable; (2) Integrated into the residential character of the neighborhood with external lighting approved on a case by case basis. No exterior lighting other than usual and customary residential lighting shalt be permitted at the model home after 9:00 p.m. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION (3) Approved for a limited duration not to exceed two years for model homes in new subdivision and not to exceed one year in developed or mature neighborhoods. Extension of the duration of model homes may be permitted by application to the Board of Zoning Appeals. The Board shall consider the same criteria in approving extensions as is prescribed for initial applications. (4) identified by no more than one sign in compliance with the sign code; (5) The special permit application will describe the use proposed for the model home including: (a) Hours of operation. (b) Number and type of employees. (c) Maximum number of employees to be on site at any time. (d) Provision for parking for employees and customers. (D) Fee. A nonrefundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit to establish a model home. ('80 Code, § 1184.09) (Ord. 101 -90, passed I 1- 19 -90; Am. Ord. 28 -08, passed 5- 19 -08) Penalty, see § 153.999 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts EXISTING CODE SECTION § 153.161 SIGNS WITH SPECIAL CONDITIONS. (G) Signs far Model Homes. In addition to a special permit from the Board of Zoning Appeals, a sign permit must be obtained for model home signs. Such signs shall be permitted in Iieu of an exempt residential for sale /for lease sign as described in § 153.15 7 (1). Such signs must not exceed eight square feet in area and may not be intemally illuminated. See § 153.098 for additional regulation pertaining to model homes. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts PLANNING AND ZONING COM RECORD OF ACTION CITY OF DUBLIN. MAY 20, 2010 lava aww r1a.+w SROOSIieuKVpt ROaE Dub4A Orb C1016•ITi6 %nrwl RIO: 61 a AlO 47 Fmv' 61M1 6u6] Web Sl�vuw.OuMrtM.ut Creating a Legacy The Planning and Zoning Commission took the following action at this meeting: 3. Model Homes in Residential Districts 10-022ADM DRAFT Code Amendment Proposal: Modifications to Zoning Code Sections 153.002, 153.073, and 153.098 to create an administrative review process for model homes in residential districts. Zoning Code Sections 153.053(G)(2)(b) and 153.161(G) are also proposed for minor modifications related to the proposed amendment. Request: Review and recommendation to City Council of approval of amendments to the Zoning Code under the provisions of Zoning Code Sections 153.232 and 153.534. Applicant: Terry Foegler, Manager, City of Dublin. Planning Contact: Rachel S. Ray, Planner I. Contact Information: (614) 410 -4656, rray @dublin.oh.us MOTION: To table this proposed Code Amendment. VOTE: 7-0. RESULT: This proposed Code Amendment was tabled after it was reviewed and edited by the Commission. STAFF CERTIFICATION Rachel S. Ray Planner I 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts 2. Accessory Uses and Structures 10- 021ADM Dublin Planning and Zoning Commission May 20, 2010 — Meeting Minutes Page 9 of 19 Code Amendment Steve Langworthy introduced this Code amendment for accessory uses and structures. He said this amendment originated from a series of issues that have arisen over the past few years with Board of Zoning Appeals, primarily dealing with accessory structure sizes. He said there have also been issues with the Zoning Code in terms of clarity of the language, with the idea of what constitutes `attachment' as one of the biggest issues. Mr. Langworthy stated that as a result of these issues over the years, City Council recently directed Planning to research and prepare a Code amendment addressing these concerns. Mr. Langworthy said that by definition, accessory structures are intended to be subordinate to the principal use. He said that subordinate means not only subordinate in use, but also in appearance; accessory structures should look like something that is attached to or part of the principal structure, as opposed to another main building. Mr. Langworthy said that objective can be accomplished through a number of different types of regulations. Mr. Langworthy said that there is no magic number that Planning can provide as a standard that most other conaminities use to regulate accessory structure size. He encouraged the Commissioners to make suggestions about what they felt would be appropriate for Dublin, which would then be forwarded to City Council. Chris Amorose Groomes requested that the Commission begin by conceptually discussing what they are trying to accomplish with this Code amendment. She suggested that the Commissioners identify their objectives and think critically about whether the Code hits those targets. Richard Taylor suggested that since he and Ms. Amorose Groomes had recently dealt with this Code Section, perhaps they could relate their experiences to begin the discussion. He began by saying that he was pleased to see the issues with this Code Section finally being dealt with, because he had dealt with this section in his practice on a number of occasions. Mr. Taylor recalled one of his clients, who lived in River retest on a very large lot, who wanted a detached garage with studio space above it. He said the garage was not particularly large, but the combination of the first floor space and the second floor space exceeded 720 square feet, which is the maximum square footage permitted by the Zoning Code for detached accessory structures. He said it would have been subordinate to the principal structure in appearance and in size, it was set back on a very large lot and it complimented the architecture of the main building - He said that without a variance to the 720 - square -foot limitation, the only way the garage could be built was to attach it to the principal structure. He said that after looking at the cost, his client decided it was not worth the trouble and he built the garage without the studio space. He said his client would have been able to build the studio space because of the size of the lot if the proposed Code amendment were approved. Mr. Taylor described another client he had worked with in Galway Estates where the property owners wanted to build an attached one -car garage with a semi -open outdoor kitchen adjacent to an existing pool. He pointed out that the surface area of the pool is considered by the Zoning Code to be an accessory structure and is included in the total permitted square footage allowance that cannot exceed 30 percent of the area of the principal structure. He said he could not find a way to achieve his client's goals without obtaining a variance. Mr. Taylor said the argument he 0 U y, P4 ° a ro o 8 Q o" . p a' Dublin Planning and Zoning Commission 11 Ai May 20, 2010 — Meeting Minutes Page 10 of 29 made to the Board of Zoning Appeals (BZA) was that his client had a relatively small house on a very large lot. He said that in Galway Estates, houses are between seven and eleven percent of the total lot area, as compared to Coventry Woods across Dublin Road, where homes might exceed twenty percent lot coverage. Mr. Taylor concluded that the proposed Code amendment included provisions for the size of the accessory structures that relates to the size of the lot instead of the size of the house, which made more sense to him. Ms. Amorose Groomes said that she had recently represented her aunt and uncle at the BZA for a variance case involving this Code Section. She explained that they wanted to build a three -car garage in place of their existing two -car garage, built in 1940 with small doors that were not wide enough for their vehicle to clear. She said there are also an old bank barn and a small a on the property, which together exceeded the 720- square -foot limitation for detached accessory structures. She explained that they had made a similar argument to the BZA about lot coverage; that with the addition of the three -car garage and removal of the two -car garage, they would still be at less than three percent lot coverage. She added that the house was built on a hill, so the garage could not be attached to the house. She concluded that the variance request had been disapproved by the BZA. Ms. Amorose Groomes said she was generally not in favor of updating the Zoning Code because it has worked well enough over the years. She said whenever Code amendments are made, there are unintended consequences that are bound to result; however, if this is the route that City Council has directed the Commission to take, then she would take up the charge. Todd Zimmerman noted that he had served three years with the BZA. He commented that the proposed Code amendments allowing for lot size was not something that they had in their toolbox while reviewing these types of requests. He recalled many times when the BZA had been required to deal with this issue, even with swimming pools, and they had expressed similar concerns. Mr. Fishman, who had also been a BZA member, said he thought the proposed Code amendment was well done. He asked what would happen, for example, if the Code were to be amended, and in the future, if someone wanted a lot split resulting in small lots with large accessory structures. He asked if the lot split request would be denied. Mr. Langworthy said that allowing greater square footages is less likely to result in negative unintended consequences; in other words, everything that is smaller now, like with Mr. Taylor's clients, they could now build bigger, not just because of the size modifications, but because Planning proposes that the square footage calculations include ground floor square footage only. Mr. Langworthy said the potentially negative consequence was that if someone builds a building that is proportional to the size of the lot, and then decide to split the lot; they would have a problem. He said the lot split would have to be denied, or they would have to reduce the size of the accessory structure to be consistent with the size of the lot as the Code amendment proposes. Mr. Langworthy said that was one of the reasons why Planning looked into the number of lots that they thought would be affected by this amendment. He referred to a map showing the residential properties in the City and said there were about 600 parcels with one to five acres that could be affected, but a number of those lots are already at the size that they are going to be. He pointed out that many parcels are well over five acres and will probably be split before they are c O U � � 0 0.i � .F 0 0 O TS O N Dublin Planning and Zoning Commission DRAFT May 20, 2010 — Meeting Minutes Page I I of 19 developed. Mr. Langworthy said that they do not feel the overall effect in terms of numbers will be very significant, but if someone wanted to build a bigger building, Planning would have to make sure that the property owner was aware that if at some point in the future they wanted to split the property, they would have to reduce the size of the accessory building or get a variance in order to make a lot split possible. Mr. Langworthy suggested that something could be added in a nonconformities section that would specify that accessory structures built after the date of the passage of this Code amendment would be made conforming even after a lot split. However, he said that could end up with fairly large accessory structures on small lots, and then the idea of subordination based on lot size would be lost. He said he would not recommend such a regulation, but that was something that could be done to take.care of that problem. Ms. Amorose Groomes suggested that the Commissioners begin reviewing and commenting on the proposed Code amendments by section. Amy Kramb referred to Section 153.002 Definitions, `Accessory Structure,' and suggested that the word `building' be removed from the definition because a building is not necessarily a structure in some fields. Mr. Langworthy said that would be fine, because the definition of `structure' includes the word `building.' Ms. Amorose Groomes asked if the principal structure would always be the residence, because in some parts of Dublin, accessory structures might be larger than the primary structure. She said there were some barns on Dublin and Coffman Roads and along the river that added tremendous character to those corridors. She said she did not want to make all of those outbuildings subordinate to the house. Rachel Ray explained that the definition of `Principal Structure' is a structure that is intended to accommodate the principal use. She said that with the proposed amendment, the principal structure could be smaller than the accessory building on some larger lots. Ms. Amorose Groomes asked if a principal use could be a farm and if the accessory building would be the house. Mr. Langworthy said they needed to be careful with agricultural buildings, because they are treated separately by state law. He said the City can regulate farm buildings by setback, but not by size. Kevin Walter asked how it would be handled if an agricultural building were converted to a home, which would then be a principal use. Mr. Langworthy said there could only be one principal use per lot, unless it is in a PUD or some other zoning district that allows two dwellings on one lot. Mr. Taylor commented on the definition for `Attached Accessory Structure.' He asked if the intent was that any part of the accessory building must be within 15 feet of the foundation of the principal structure, or if it was foundation to foundation. Mr. Langworthy said it was foundation to foundation. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Dublin Planning and Zoning Commission DRAFT May 20, 2010 — Meeting Minutes Page 12 of 19 Mr. Walter referred to the `Detached Accessory Structure' definition and asked what if the structure was right at 15 feet. Mr. Langworthy said if it was exactly 15 feet away, foundation to foundation, and attached by habitable space, it was considered attached. John Hardt referred to the definition of `Habitable Space' and asked if walls with windows and glass could be considered habitable space. Ms. Flay said the key was whether or not the space was heated. She said if it were an enclosed breezeway structure with walls and a roof, but was not heated, it would be considered habitable space. Ms. Kramb said since her garage had walls and heat, it would be considered a livable space, and she did not think that made sense. Mr. Langworthy clarified that these proposed definitions applied only to the Zoning Code, not the Building Code. Mr. Hardt said it was unclear whether or not just glass, posts, screens, or those kinds of materials are sufficient for the definition of `Habitable Space.' Mr. Langworthy suggested `completely enclosed' be inserted instead, since it did not matter what material was used. Claudia Husak explained that it was intended to mean that posts and a roof could not make a structure `attached.' Mr. Langworthy said for the sake of time, Planning would work on the definitions for `Habitable Space' and `Livable Space.' Mr. Hardt asked why in Code Section 153.074 (B) (2) (a) Detached Accessory Structures, the applicability was limited to enclosed storage structures, which was something that lacked a definition. He was concerned because such care was taken to define all of the other terms on the previous pages. He asked if this was intended to only apply to storage structures, or if it was intended to apply to all detached accessory structures. Ms. Ray explained that detached accessory storage structures are dealt with in the table in subsection (e), and the other detached accessory structures like gazebos, patios, and swimming pools are dealt with separately in terms of lot coverage and setbacks. She said it was all under the same (B) (2) heading, but it was addressed differently. Mr. Hardt said similarly, the heading covering Detached Accessory Structures includes subsection (b), which applies to attached garages and attached three - season rooms, which is confusing and seems out of place. Mr. Langworthy explained that the purpose was to clarify what should and should not count in this section concerning maximum square footage, as there have been issues in the past with unclear terms and applicability. Ms. Kramb asked what if a detached accessory structure was not used for storage. Ms. Ray said detached garages, sheds, greenhouses, and those kinds of structures are of primary concern with this amendment, and the size limitation applies to those structures. She said that all other o . structures are limited by lot coverage and setbacks since they are less likely to have significant y impact. >x o c Ms. Kramb asked about outdoor entertainment areas by swimming pools, or outdoor kitchens. ° a She asked why it was limited to storage structures and not to all detached structures. Mr. o M 0 N r °dt°�Q Dublin Planning and Zoning Commission l�? May 20, 2010 — Meeting Minutes Page 13 of 19 Langworthy suggested that the Code Section state this section shall only apply to detached accessory structures instead. Mr. Langworthy asked the Commissioners to keep in mind that they are looking at Zoning Code text, while Planning looks at how the text is applied to real situations and requests every day, and examples of what is intended to count and what is not greatly helps demonstrate to applicants what the Code Section is intended to accomplish. Mr. Walter referred to Section (B) (2) (c), and expressed a concern about gazebos, since they may or may not be considered `landscape features.' He said he did not consider gazebos, trellises, or arbors to be similar in size. He said gazebos by nature are more consequential because they could have seating and a roof. He asked why gazebos were excluded from the square footage limitation. Ms. Ray said that because gazebos are typically more open than garages, sheds, and other storage structures, Planning was not originally proposing to include them in what they had classified as `enclosed storage structures' because the nature of the structure is different. Mr. Walter said he thought gazebos should be counted toward the permitted square footage because they could be very large. He noted that gazebos were addressed in subsections (b) and (c). Mr. Fishman and Mr. Taylor agreed with Mr. Walter. Ms. Amorose Groomes pointed out that trellises, such as a wine trellis, could become substantial as well, and could be built on smaller properties of less than an acre. Mr. Langworthy noted that gazebos might be no worse than a sports court, which could be considerably larger than a gazebo. Mr. Hardt said that he thinks trellises and arbors are not structures, while gazebos are, and that the primary distinction was that gazebos have roofs that are not primarily open like those of trellises and arbors. He suggested additional clarification to specify that trellises or arbors would not count because they do not have roofs. Ms. Ray suggested including a certain square footage as a size limitation instead to avoid getting into discussions over what constitutes a `roof with applicants and property owners. Ms. Amorose Groomes suggested that gazebos that are less than 250 square feet not be considered `detached accessory structures' for the purposes of the square footages allowed in Table (B) (2) (e). The Commission members agreed. Mr. Hardt referred to Table (B) (2) (e) and asked where it stated how the height was intended to be measured. Ms. Ray said in the Definitions, there is a definition for `roof height.' She said for flat roofed structures, height is measured to the highest point, while for gabled structures, height is measured to the midpoint of the roof, and for mansard roofs, it is measured to the roof deck. Ms. Kramb and Ms. Amorose Groomes suggested that the number of buildings should be dependent to the size of the lot as well. Ms. Kramb suggested the table could be adjusted and the first sentence of (c) be eliminated. Mr. Hardt clarified that the Commission wanted to see the maximum quantity delineated in the table for all instances because it was not uniform. Mr. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Dublin Planning and Zoning Commission May 20,20 10 — Meeting Minutes Page 14 of 19 Langworthy confirmed that a property of less than one acre could have two accessory structures, and one accessory structure for each additional acre thereafter, up to a maximum of five. Mr. Hardt referred to Code Section (B) (3) Accessory Structures in Multi - Family Residential Districts, subsection (b), and said he believed that the text limits multi - family residential to one accessory structure total for the entire development, as it currently reads. He pointed out that some apartment communities have pool houses, workout facilities, mailbox huts, and barns to conceal dumpsters. Mr. Langworthy said something separate could be written that would address structures related to the overall complex as opposed to individual units. Mr. Hardt said small accessory .structures have served a good purpose as a creative way to hide some of the less attractive elements that come along with multi - family communities, and he did not want limit those structures. Mr. Walter recalled seeing big multi - family homes in Minneapolis that blended in very well with the neighborhood. He said he wondered if 200 square feet was appropriate for such units, and they would have to account for duplexes and other similar, large multi - family buildings if Dublin wanted to see the kind of development they saw in Minneapolis. Mr. Langworthy explained that two - family dwellings were not considered multi - family dwellings by the Zoning Code. He further explained that the Zoning Code addresses one -, two -, and four- family dwellings, but not three- family. He confirmed that there was a difference between `multi- family' and a `duplex.' He said a two- family structure would fall under the single - family requirements or allowances. Mr. Walter pointed out that in (B) (3) (a), `Multiple- family' should be corrected to `Multi- family,' since `Multiple - family' was not defined in the Code. Mr. Langworthy agreed to make it consistent. Mr. Walter requested that in (B) (3) (b) that the words `similar to and' be deleted. Mr. Langworthy said they would, and also said they would be deleted in (B) (6) (a) for consistency. Motion and Vote Mr. Walter made a motion to table this proposed Code Amendment. Mr. Taylor seconded the motion. The vote was as follows: Mr. Zimmerman, yes; Mr. Fishman, yes; Mr. Hardt, yes, Ms. Amorose Groomes, yes; Ms. Kramb, yes; Mr. Taylor, yes; and Mr. Walter, yes. (Tabled 7 — 0.) Ms. Amorose Groomes called a recess at 8:40 p.m. The meeting was reconvened at 8:47 p.m 10-022A-DM Administrative Request Zoning Code Modification Model Homes in Residential. Districts RECORD OF PROCEEDINGS ___Minute 1tL Dublin City Council . Yr i� � _•__ April 26, 2010 - Held flanked staff for the presenliarlions, noting that C May 10. He asked that ncil Members retain he next hearing on W10. —____ We Ting Page 12 �U cuss this for the • equest to remove Ordinan 42 -09 from table and sche a for hearing on May 10. 2010 [Ordinance 42-� - ding Belton 153.002 a Gaoling Section 153.099 the Dublin Coddled O ' ances (Zoning Code) raga Outdoor Seasonal Plan Display and Sala$. ass 09 045AOM)l Mr. Smith stated Iha off has been working to re ve some remaining issues d requests that the finance be scheduled far h 'ng on May 10. Mr. Keenan d to take Ordinance 42-09 the table and schedule I or hearing on May 10. Mr. Gerb seconded the motion. 11 Mr. Reiner, ab in; Vice Mayor Salay, yes; s. Boring, yes; Mayor L Wer, Yes; Mr. Keenan, yes; s. Chlnnlci- Zuercher. yes; . Gerber• yes. Mr. Foliate r reported 1. The Adm!pdtraUon has been working w Century GoU, the Urtn him the recei o operate the Golf Club of tin. Century has offered eve a repr enlativa attend a Council ling to discuss any coots as well as t mr near term plan for operati They have met with the allantree asidents association, and a willing to meet with Coun as well. 2. Brower Hatcher, bicenle al public artist will return to" ublin on Monday. May 3 to meet with reside at 7 p.m. at the DCRC. In dition, Mr. Hatcher will meet vriM students om Scottish Corners am seniors from the DCRC / COUNCIL Rep that she attended one o0e City's volunteer recogni ' programs I week. Many teens were t ttendarim, and it demonslr es that Ms. ardecctnia has done an ex lent job In engaging teens the Dublin volunteer Program. Noted that she was a to participate in a confer ca call sponsored by the National League of ties and the HandsOn Ne rk nationally to discuss ih Cites of S ' itiative. There were 70 m am of the NLC /rto paNdpated I e call to learn about what 'shave done wit. Ms. Narde is had provided her with update to the Septem Council nd Ms. Nardecdlia wild be inging a more comprohe rega mg Cities of Service in May 1. Congratulated Mc McDa land staff for the Dubtn E epreneurial Center open house, which w ery well attended 2. Noted that she alts ed the luncheon with the s moms as part of the valunto' recogNUon. INs ondedul to have so many s is Involved in vdunteed 3. Noted that she has several zoning issues to ring to the table. Severe ars ago, the Board of Zoning Appeals proposed that model home permits be handled administratively to streamline the process. She suggested that Council direct staff to bring Council whatever legislation is appropriate to have the model home permits handled administratively versus by the BZA Vice Mayor Salay expressed support, assuming the model home in question is in compliance with the regulations. Mr. Langworthy noted that a standard set of requirements has been developed for model hone permits, and this is built into the approval process with BZA. Mrs. Boring moved to direct staff to bring legislation to Council to have the model home permits handled administratively and not by BZA. Mr. Gerber seconded the motion. 10- 022ADM Mayor Lecklider asked what brought this to the forefront at this time. Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dubin City Council Mesons Apd 28.2010 Page 13 Ifeld 30 Mrs. Boring responded that this discussion occurred at a joint meeting with BZA several years ago, and was never resolved. Ms Chinnid- Zuercher noted that she has observed that these permits generally fall under the consent agenda of the BZA meetings, indicating they are a routine matter. Mayor Leddider asked if Council desires that BZA give this same consideration prior to directing staff to bring legislation to Council. Vice Mayor Salay stated that she would support having SZA weigh In on this matter. Mr. Langworthy rioted that a BZA meeting Ls scheduled on April 29, and staff will bring this matter to their attention at that time. Vote on the nation: Ms. Chinnici- Zuerdrer, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Vice Mayor Salay, yes; Mayor Leddidar, yes. 4. She h concerns with accessory slo4ture of Wootprint of the house. Sev oral year ptessory structure size bein d on th nags lot the accessory sr nil would love neighboring residence. scent case d n, accessory struc=ture s' was based on the older properties (n 61in are large land m, those built toda How many times has a v size of the a ssory structure In relation the house Mr. Langworthy re nded that he can recall f such City. Mrs. Boring ed it staff presented infor lion regard were gra d as part d the recent cas resentation at Mr. L worthy responded that, lyp' Ily, the history of nail a are presented and are in dad with the packet s. Boring suggested that s1 look Into having an aoc the land. size being based on ago, Council had d' rcentage of coverage. Fora re much ( d on the a lot 5 acres and the min the house. Many of the in smaller houses than ae been heard regarding percentage d the rootp tt of cases during his tenu with the Inc those cases ere variances are similar in building based on scale Mr. Foegler darited at she is suggesting that for it r parcels, there might b otter criteria or a y to vary the size of acce buildings as opposed to nortrral lot coverage resb ons that would apply. Ms. Sala taled that it is not only lot erage, but a percentage of a existing principal struct . The accessary building Id be proportionate with t ot versus proportionate wit . e)dsting Structure on the age lot Mr. Foegler asked if Coun ' would like staff to amendments to addreqthe issues for larger p Council agreed some Ms. Salay adcWthatshewould like to seaP6 pros and cons as wet — u erstanding the worst case nario that could occur wit is change. Ms. C rid- Zuercher not that s was presant at BZA for th caring on the case ref aced. Thero was ra ver6 resentator by staff of the ' toricai information about =minces. The structure is led along the Scioto River the property is very tre The accessory s Wduro disapproved. However, a garage acceZTh was approvetl an SR 7 in River Forest, just acres om Amberieigh Ns for approval is that i as attached to a house. It ems inconsistent wite Code — addressi the location and proportion y of a hone. Mr. Langw staled It H a quick in the , wNch Vests detadred tlif Ms. Ch' d- Zuercher stated that tinsf6eds to be reviewed immed ely. This will only anti because of the size of ho s. the large lot sizes, and increasing storage ne s of residents. l0-022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Dublin City Council. ,-- . --- _ _ ._ Mccrim,• January 25.2010 . -- Page 10 Held 2n received $7 , 00, which was reimbu ement for the City's cc ,pg to upgrade its s system that it could receive • eless 911 calls. The nies from the fee 7side rcid og have keen accum g in lieu of Frankli ounty developing a y for the distn n of the funds. Var' s methodologies war basal upon po anon or upon n umber w'ueless 911 calls recei tions of this e, a hybrid of the two f rs will be used. Into tlon has been provided i the packet regarding t breakdown by jurisd' ' n. For comparison purpo , in 2009 Dublin receiv 21,000 wireless 911 and only 5,000 wired 91 calls. When this legis n Is adopted, the Cit f Dublin will receive an i9k6l payment of $161,0 From that point to , funds will be received nthly from Franklin Cou Mayor ck1 der noted that the a ment has a sunset pro . ton. Chief ,Epperson corrected an ror in staffs memo: T sunset provision in the a ement ends collection the fee on December , 2012, not 2011. Be yo at point, the City may have much need forth unds. However, renewi the agreement would be a option. Ms. Chinnic•Zu her stated that even th gh the cost of this inf ructure has been reimbu , there will be a future d to upgrade the equip t. Chief Epp n responded that ac rding to the terms of a agreement, a significa amount of money, $4 illion, will be set aside y the 911 Planning Boar o take the entire county the next generation of infrasWCture. Of the fu s Dublin receives, 50 pe ant may be spent on pe nnel costs. T h e o ther uteri may be spent onl n equipment upgrade. er 2010, the Cfty mays nd any remaining funds for ether purpose. Vote on the Reso ion: Mr. Keenan, yes; . Reiner, yes; Ms. Chinni ' uercher. yes; Mr. Gerbe , yes; Mayor Lecklider, ye . Vice Mayor Sala OTHER • Model Home Permits — Building Industry Association Request for Fee Waiver Mr. McDaniel stated that the City received a request from the Building Industry Association of Central Ohio requesting a waiver of the annual fee for maintaining a special permit for a model home. The need is due to the financial difficulties the home building industry has experienced this past year. A new model permit is effective for two years, after which they are renewable annually. There are twelve model homes within the City that are pad of this request There are three options for Council: (1) take no action; (2) waive the special permit fee; or (3) grant a one• year extension of the existing model home permits. The second option would require additional staff time and a Board of Zoning Appeals waiver, the third option Is recommended by the Finance and Legal departments. The extension would be granted for all twelve permits. The City's cost would be $15,000 over a three-year period. Vice Mayor Belay inquired if these are active model homes. Mr. Smith responded affirmatively. Virg Mayor Belay inquired if they are complying with conditions. Mr. McDaniel responded that staff has been monitoring them for compliance, and they are currently compliant Vice Mayor Salay moved to grant a one -year extension for model homes whose permits are expiring In 2009 and 2010. Mr. Gerber seconded the motion. Mr. Keenan asked if the motion should include 2011 also, as recommended by staff. 10-022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council ..... .. V,.Rre. January 25, 2010 Page 1 t Held Ni Vice Mayor Salay amended her motion to include those model home permits expiring in 2011. Mr. Gerber accepted the amendment Vote on the motion Vice Mayor Salay, yes; Mr. Reiner, yes; Mayor Lacidider, yes; Mr. Gerber, yes; Mr. Keenan, yes; Ms Chinnid- Zuercher, yes. Reques o Remove Ordinance 47 from the Table and S edule for Hear at the Febnrary 8, 201 ouncll Meeting. Mr. S stated that Mr. Hale ha ndicaled that the applica asks that Ordinance 47- remain on the table. Di ssions with the applican nd property owner are oing. Modifications to t COIC are under conside ion, as well. He anticipates returning to uncil in approximately on onth to request the / ordinance i for a hearing. STAFF COMM TS Mr. Faegler tad that he has provided emo updating Council o certain items. There are of pending items at unit require Council act' He will meet with th lerk of Council to schedule those items. UNCIL COMMITTEE R ORTS /COUNCIL ROUN ABLE Gerber stated that la night he had the opportu ' to view; sentatk on Dubli It was a fantastic p ction and he h month's prod tion. l6d that she and Mr. Foegl attended the MORPC boafd meeting. the meeting, MORPC in ' ated that they prefer not take responsibility managing the 208 P W. Foegler responded that a also attended the PA sponsored on that t ic. It is dear OEPA d Planning entity force al Ohio. Other large met have their own distsifts established. The OEP rest of the star ,/They notice that there ar rob service area . There are two staff me rs who time with a 208 Plan. OEPA's po ' on is that I mem s wish them to do so. Th esponslbllity C oil of Governments does t assume the re publi5,ffieetings that the Ohio �e of wanXage 208 Titan dis Slat s the 208 Pe for the sms with ovpproved spend abo nt of their iey will tak nly if their mill stay wit A If a 2. Shared an ODOT b urs, which contains 00 s goals. The Dispatch recently publish n artlda about pedesirie nd bicycle crash location She will ask th lark to copy Council on ODOT hrochure and co the Bicycle Tas arce on the Dispatch ad' e. 3. Noted she continues to 6a con ed about the parking sit bn in the Histo ' DistdcL Council membe receive comments about rs on a re ar basis. Staff has advis Council that an update o his situation will e brought io Coundl soo Coundt may need to ma an invesMent in the near future to addre thts. r. Foegler indicated this it would be scheduled on next meeting agenda. Ms. Chinnid-Zusrcher s ed that the employees of businesses in the Distri are using all the spa in the parking areas. Th will not park a distance f m where they work. 4. Stated she hopes that the BriHi a is formally cleaned ui Petri s Day parade. She was ppointed to hear tonight co milment was for the pi provements to be comp ed atridc'a Day, and not the erall site. She had not un rstoa previously. Hopefully, site can be cleaned up b at lime. �Xr the St. at the by St. Ithat 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts CITY OF DUBLIN. Land use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 43016 -1236 Phone / TDD: 614- 410 -4600 Fax: 614-410 -4747 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION NOVEMBER 15, 2007 The Planning and Zoning Commission took the following action at this meeting: 2. Board of Zoning Appeals Process 07- 102ADM Administrative Request Code Amendment Proposal: Modifications to various Code sections related to the general purpose and operations of the Board of Zoning Appeals. Request: Review and recommendation for approval to City Council of Code modifications under the provisions of Code Section 153.234. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble - Flading, Senior Planner. Contact information: (614) 410 -4649, tflading @dublin.oh.us. MOTION: To approve this Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process. VOTE: 6-0. RESULT: This Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097, 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process was approved with minor modifications. It will be forwarded to City Council with an approval recommendation. STAFF CERTIFII�CATION ammy . Noble - Flading /� Senior Planner `� Planning and Zoning Commission November 15, 2007 — Minutes Page 4 of 19 2. Board of Zoning Appeals Process Administrative Request 07- 102ADM Code Amendment Tammy Noble - Flading said the intent of the Code Amendment is to compile all information related to Board of Zoning Appeal into one section. She said these amendments were approved by the Board of Zoning appeals on October 25, 2007. Ms. Noble - Flading said all of the Board of Zoning Appeals modifications are included in the proposed text. Mr. Walter said the proposed language appears to take the mundane tasks and assign them to the Director of Land Use and Long Range Planning. He said if a resident has an appeal it will be assigned to the Board of Zoning Appeals for a public hearing. Ms. Noble - Flading said many of the administrative processes that have been assigned to the Director are currently being handled administratively. Mr. Langworthy said that no authorities were changed. Mr. Fishman asked if the Board of Zoning Appeals had issues with the proposed modifications. Mr. Langworthy said no. Mr. Fishman said he had an issue with the Director determining alternative parking arrangements for home occupation uses and it not being reviewed by the Planning and Zoning Commission. Mr. Walter said if there is an issue which falls under this pretense the issue will first be taken to the Director of Land Use and Long Range Planning; if it is not properly resolved the issue will go to the Board of Zoning Appeals. Mr, Langworthy clarified that in order to go from the Director to the Board of Zoning Appeals a person would have to submit an appeal. Mr. Fishman said he is concerned that in the absence of Mr. Langworthy that another individual would make a decision which is unsatisfactory. Mr. Langworthy said that the decision can still be appealed; however, these types of situations are not a common occurrence. Motion and Vote Mr. Gerber made a motion to approve this Administrative Request to modify Zoning Code Sections 153.002, 153.004, 153.018, 153.053, 153.073, 153.090, 153.091, 153.097 153.98, 153.115, 153.138, 153.148, 153.163, 153.187, 153.201, 153.203, and 153.210 as requested in the draft ordinance regarding the Board of Zoning Appeals process. Mr. Zimmerman seconded the motion. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Mr. Saneholtz, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; Mr. Gerber, yes. (Approved 6 - 0.) Miscellaneous Code Changes Administrative Request DM Code Amendment Jennifer Rauch pre the miscellaneous Code changes related to pet care uses, fitness use, park and ride facilities, swim ool fences and drive -thrus on multi- tenant buildings. Ms. Rauch stated that draft language regar each of these topics, except the drive -thrus was included within the packet. Steve Langworthy stated the reason for the proposed amendments is ult of inquiries for certain uses and where they fit within the SIC Code designation within the Curren He said the goal is to eliminate the use of the SIC Code, but for now we need clearer Code language addresses these uses. CITY OF DUBLIN. Land Use and Long Range Planning 5800 Shier -Rings Road Dublin, Ohio 430161236 Phone: 614.410.4600 Fax: 614410 -4747 Web Site: w Aublin.oh.us BOARD OF ZONING APPEALS BOARD ORDER OCTOBER 25, 2007 The Board of Zoning Appeals took the following action at this meeting: 1. Code Amendments -Board of Zoning Appeals Code Amendments 07- 102ADM Proposal: Text modifications to various sections of the City of Dublin Zoning Code related to the general purpose and operations of the Board of Zoning Appeals. Request: Review and approval of text modifications, related to the Board of Zoning Appeals, which will be forwarded to the City of Dublin Council. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Jennifer M. Rauch, AICP, Planner Contact information: (614) 410 -4690, jrauch @dublin.oh.us. MOTION: Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, as discussed. VOTE: 4-0. RESULT: This Code Amendment was approved. MIT Drew Skillman Yes Jeffrey Ferezan Yes Bangalore Shankar Yes Keith Blosser Yes Sean Cotter Absent STAFF Tjdmmy J. Nob Senior Planner Board of Zoning Appeals Minutes — October 25, 2007 Page 2 of 4 1. Code Amendments -Board of Zoning Appeals Code Amendments 07- 102ADM Tammy Noble - Flading presented the Code Amendments and stated that the amendments are directly related to roles and responsibilities of the Board of Zoning Appeals. Planning is presenting the amendments to the Board and any comments would be forwarded to the Planning and Zoning Commission on November 15, 2007. She said the entire Code, as it related to the Board of Zoning Appeals, was reviewed by Planning with the exclusive purpose to take any sections that referred to the Board of Zoning Appeals and compile them into one section of the Code. She stated that most of the modifications are clerical or administrative in nature. Mr. Ferezan asked how many years it had been since the Code had been reviewed. Mr. Guadetman said in the six years he had been with the City, he could not remember anything about the Board being changed or updated in the Code. Mr. Skillman noted that he had only found verbiage changes that were needed in the Code. Mr. Ferezan confirmed that the purpose of the Board of Zoning Appeals had not changed. Ms. Noble - Flading said there were sections in the Code that had been changed to reference the Director, but in those instances, those processes are already being reviewed, and approved, administratively. Mr. Blosser said that applicants rely on Planning to assist in the process and to offer suggestions and avenues to compromise. He said he knew Planning worked hard to not have an application come before the Board and he appreciated it. He said he thought the revisions were good and comprehensive. Mr. Ferezan suggested that the Board ask specific questions rather than having Ms. Noble- Flailing review the changes to each section of the Code. Mr. Blosser noted that on Page 4, Section 153.090, an `e' was missing in the word `Purpose'. Mr. Blosser, Mr. Skillman and Mr. Shankar did not have any questions on this Code section. Ms. Noble - Flading pointed out that the most significant modifications were proposed in Section 153131. She said the idea was that all the current sections that refer to the Board of Zoning Appeals be compiled in this chapter of the Zoning Code. She said that a Purpose Statement was added that included a general description of the Board including how many members were appointed to the Board and the length of their terms. Mr. Blosser suggested in (C) (2) Special permit, that the words `required by' be replaced with `provided under'. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Board of Zoning Appeals Minutes — October 25, 2007 Page 3 of 4 Mr. Blosser pointed out that there were two sections labeled (D) (1) (f), and the second one should be a (g) instead. Ms. Noble - Flading said she did make that notation. Mr. Blosser commented on (D) (3) and said he liked the wording and it was very well done and thought out which helped to clarify. Mr. Blosser suggested that Decisions (E) (1) Actions of the Board of Zoning Appeals read' "During, or within a reasonable time following a public hearing..." Mr. Blosser referred to (E) (3), and suggested it read: "Any decision of the Board of Zoning Appeal shall not become a final City record until minutes of the meeting, at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals,... ". He said then, after the Board votes, it is a final action, and then later the Board is ratifying the minutes of that action, but it would allow Planning to act on what they had done so that there is no delay for the home owner or developer. He said that would also remove the need to bring to the Board's attention for a separate action, any kind of hardship created. He said it would streamline it. Ms. Noble - Flading said Planning had discussed this in great length, and are still discussing it with the Legal Department. She suggested that Mr. Blosser's proposal could be forwarded to the Legal Department for consideration and the outcome of the discussion would be presented to the Planning and Zoning commission. Ms. Noble- Flading clarified that Sections (E) (6 through 8) were all language to help with enforcement measures. Mr. Blosser said he had no questions about them and thought they were very good. Mr. Skillman asked if on Page 6, Section (F) (2) should read 30 days and not 20 days Ms. Noble - Flading said this section was referring to administrative appeals where home owners/ developers are appealing a decision of the staff, to the BZA. The 30 days was referring to appeals of a BZA decision that would be referred to the Court of Common Pleas. Mr. Blosser said as a matter of clarification, he suggested instead of saying Administrative Appeal, saying Administrative Appeal to the Board of Zoning Appeals, to clarify the type of appeal process, that is being referenced in the section. Mr. Blosser said he had no questions regarding the proposed language on Page 9. Ms. Noble- Flading referred to Section (1) Appeals from the Building Code Standards and said currently, there is no review criteria for appeals to the Building Code Standards. She said the Building Code adopted by the City of Dublin does have language in its Code, but Planning is trying to incorporate some language in the Zoning Code. She stated that Planning is still working with both the Building Department and the Legal Department and additional language would be added, prior to the Planning and Zoning Commission. She stated that Planning would also present the information to the Board of Zoning Appeals, once approved. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts Board of Zoning Appeals Minutes — October 25, 2007 Page 4 of 4 Mr. Blosser asked that the Reconsideration Rule, Section IX of the Board of Zoning Appeals Rules and Regulations, be included into the Code revision, because the reconsideration is a vital part of the due process. Motion and Vote Keith Blosser made a motion, seconded by Drew Skillman, to approve these Code Amendments with the recommendations, as discussed. The vote was as follows: Mr. Ferezan, yes; Mr. Shankar, yes; Mr. Skillman, yes; and Mr. Blosser, yes. (Approved 4 -0.) The meeting was adjourned at 8:22 p.m. Respectfully submitted, Flora Rogers and Libby Farley 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting page Two x ar Counctt Members; / About a month ago we ask that you cake the f.11.ei g actions: Immediately rescia our requests to Delaware d ' fra0klin County ' vmissioners to change the ..cord and Washington ownshtp lines. After the f vember election, escab L's a Cicf zone' Comuitec to study and make recomae acions on fire a emergency service in the oncord- Dublin are , including identification c all options and e . Notion of ail issues. If any solution proposed or imp Lenset.tton requires a change in 'township 1 es, submit It to the residents affected f a voce to approve or re) t. As evidence by t aignacuces on the pet![lo s, copies .reached, real no. wan, the right to vor an any boundary h: a. We hope at you can takn the i madf a action requcs d at your meeting tovembe 19, 1990. Si ed by bill Urtiey and Dav L. Witt, Co- a,.trmen of the Committee A lost the Boundary . Utc ley noted chat the citions contained spp ... l rely 300 gnacures, and said cha of those approached 95 % s d that choy y mld like to voce an to Issue. 4. Mr. Tom Reuse, rep senetng Ms. F. Buteerfist , spoke regarding one acre woode site located at 7136 Aver goad, chat one acre being part of family -.wood 5 acre site Mr. Reese r erred to the City's Lands ping Code which says chat all trees ,awing a trunk diameter o )t or greater shall be pre erved. lie not that the family has ster the 1940s been dependent thos trees as income and a hen source. Mr Reese said that some of .e neighbors want the tree. cut down lie others wane them pre rved, but chat the family ants only cho r igha to do with the woo - as they destre. Mr. Amorose did note at the ordinance does su a [bat if a tree becomes hazardous, otenctally causing proper damage .r damage to individuals c sc the owner does have a r ght to remove chose trees. Ms. Maurer ondered what wouLd be the ppropriate forum for this request doe. a variance need to granted; is it a matter r rho a rd of Zoning Appeals, Mr Smith said chat he would suss the .nicer with ate _ ant cuporc .ck to Couacll at a Istee At Ordinance Mo. 101 -90 - Ordinance Avcnd ing'gecnon 1194 of the Dublin Codified Ordinances - Special Peruira. Third Beading. following the lase Council meeting, Ms. Kurtz said Ghat several changes had been made in the ordinance, addressing the concerns of'CO mc`i I; as well as changes being made after staff me with representatives of the Building Industry Association and several member companies. These changes being - exempt L.g tones in residential areas that were accessories for private parties or bona fide special events from the requirenene of a special permit. With regard to nodal homes; that Lighting will be reviewed on a case by case basis and that lighr Lng at model homes will not be permitted after 9:00 P.M. Also, the permitted clue for model homes; there will be a differentiation between model homes in new subdivisions and chose in mature nelghborAwds. 10- 022ADM Administrative Request Zoning Code Modification Model Homes in Residential D•.striets RECORD OF PROCEEDINGS Minu'.es of Dublin City Council Meeting Meeting ,�.vamber 19, 1990 Page Three me. Maurer moved co approve the amendments. Mr. Sutphen seconded the motion. Vote an the motion to .mead - Ms. Maurer, yes; Mr. Scrip, yes; Me. Amoroso, yes; Mayor gown ski, yes; Mr. Campbell, yell Mrs. King, yes; Mr. Sutphen, yes. Vote on the Ordinanca - Ms. Maurer, yes; Mr. Scrip, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yea. Ordinance N0. 102 0 - Ordinance Amending Seetio 3u5.02 of the Codified Ocdinone a - 0 , ZjbDw hree Pas" Y Drat" Coda. (El. TbLrd Xode portaff bad tatted all of the different eeted chupoo[t been obtained with no preps amend - Voce on the Ordinucphon. yes; Hr. SStrip, yes ayor Rozanski, yes; He. Mauxe r, King, yea; Mr. Campbell, ye , Mr. Amoroae, yes. Following discuss he 0 Scrip moved co add an CE ccive dace of January 199, to t Mr. Sutphen s ondod the uweion. vote - Mr Sutphen, yes; Hr. Strip, yes' .ayor Rozanski, you; Ms. M.ure , yes; Ring, yes; Mr. Campbell, y , Mr. Anarose, yea. x inance He. 104-90 - Ordinsa< Auchoriz Lag the city ganager Negotiate and Sign and Hutuaily g--eft al Agrnemenc with CeIto lot 0 and to Approve the Use of Avery rk Eor a tutor Telephone C Lt.. (E). So ... d. Reading. Hs. Kurtz noted ch chore was, to Covacl is par , a Letter from the ac :orney for no icech, supporting the Locatio of the pcitce antenna "'h the Cal lar One telephone cower, chat sing on cop of the water at sc Park. o reported chat Cellular One s agreed co a deed restrict{ ire and [fiat the deed rescri ton says chat Cellular One w, no[ he Manley Read site to pu in a permanent ..Ilal.r o. rte tower e site at Avery Park a be leased, and also chat cha will not sell site on Hanley Road another cellular telephone o rover building ration, although urcher stating chat this is n to sty that a let e north or a to the loath cannot be used or a cellular telephone , chat area Lng Ln C....rd Township. as also sported [list the lease says c c iE Cellular Xhder- uild nother cower ac a later dace at the compaay is a City a 90 day advance nocic and that they will c icy in finding an aIteresciv otucton that nigh[ be of Dublin. With regard to a temporary wor, Y . Kurtz sa Ld that is understanding that the c party fuels that they hnve a ed to have a temporary site at Man y Read or at Avery Park, and :ac they wou td intend to put up a 100 a cover that would be place at the M.ntey Read site until the lead 'me required for the fabricac a of the platform and Installation same at the site at Avery P k is completed. Mx' Sutp n suggesteQ putt Lng the temp try cow¢[ at the rtvexy Ya rk s e We M H, wondered whether or a the comps ra ry {owes is real s egicimace need, and also s that she had Hover accepce6 a concept that Cellular One is prov a ng a service chat is a ,rzacre of Ltfe and death. M:. MiLLer dlsagroe Hoc ing chat they often race a 9 -1 -1 calls and also snid chat the s¢ Lca En the area is Hoc adegs e, and chat from both a bus mess scan Cint and from a licensing sea .duo inc bet cec service is needed in a area. 10- 022AMM Administrative Request Zoning Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes Of Dublin City Council Keocing Meeting November 5, 1990 'fho rogu i� ty scheduled meeting of the ,,blip City Council was called o on by Vic .ayor Davld Amoroso ac 7:30 ., M. on Monday, Novc:,bcr 5. 19 gc rip led the Pledge of All Ssnce. Members of Council presto ere: Mr. Amoroso, Mr. Csmpb , Mrs. King, Ms. Maurer, Mr. Scrip " ad . Sutphen. Mayor RoxaOak 3j, ¢c 8105 P.M. Mr. Hi nstey, C Manager, and Mr. Stephen S h, Lae Director, were also pr.sone as a the following members of c City Staff: Mr. Bowman, Ms, Clack., M Hoffman, Mr. Jones, Mr. Le , Mr. Mack, Mr. McDaniel, Mc. eNema Mrs. M z and Ms. Puskarcik. Sutphen moved to approve Cho minutes of the October 15, 0 met clog of Council. Mrs. King sec¢nded the mu o . Vote - Mr. Amoroso, ye . M[. n Campbel 1, yes; Mrs. XSn yes; Hs. Maurer, y es, Hr. Strip, yes; Mr. acphen, yes. Thert wers,4. objections cc the transit of two liquor permits - ono am Cca Er[ Investment Company co Thomo Ktng, Inc. (Apq lebce "a) Eor a US porn the ocher from Craf riar t stmenc Company to LeCrande .air ire. ( s. Nigh Street, Dublin) for D1, D2, D3 permit. Mrs. Metz reported that a r erendum petition had been fl d as regards Cho re cenCLy annexed 733 acr, from Washington Township. :f r. Cm, Ch said chat had not had an opporcunicy I review the petition so he could not, this ciao, make a recomm.nd ion to Council since c:mre arc a nu or of Sssuos to be addressed in chat [here is A great deal of law as r_ Ards inCCla Clone, rtfacendum and challenges to anc..ae tons Chief moll announced chat the Cob n city Schools Board of Edur torz had roc cly Lonoved the OARS program s a whole, and DEficer Mike ers.O In ticulat. with a Resolution ON the Dublin Board of Educa n. Ms. Ciorgiann Ocnia.co, th 'ubstance Abuse Counselor at lblin High School read the Resolution and esOn:ed the Resolution to Of car Epperson. Chief Ferrell also cknwi.dsodch. work and invo omen[ in toe program of Officer Randy 1, s and Officer Mike McCaskey s well. Comments m Citizens Mr. J. Chaisson of the Emac oucy vices Committee spoke with r and to Ch hanging of the boundaries i1 oncord Township /Mlirfield, a noted at both Cho Franklin County mmisstoncrs and the Delaware cency Comaissions will be naerie- nd voting on the issue on No .bat 20, 1990, Mc. Cha LSSon requested t1 it a[C B•rnnet ve action was taken on oho issue at Clot time by either Coup that same type of legal .ffirmat Lve action be Cakoo by the llub lip icy Council. Mr. Chaisson a said that if Cho commission s of both counties cake the action they a ro9u trod to take by law ch. hopefully, the Concord low sift¢ True es would not spend the Caxpa to money and go for a rcatra g order. 'r 1 King sold that she felt Cho t was a shame that the etc[ ens cannot ,s6cc on Movemb.r 6th on the c •a Chat they wilt pay. Mr. Chaisson noted that h group has encouraged the'r . porters Co voce for the Concord Townshi levy. Ordinnnce No. 101 -90 - Ordinances Aoending Section 1184 of the Dublin Codified Ordinances - Special Perwits. Public Nearing. There were no registered proponents. Registering opponents were Mc. John McGOry and Mr. SCSI Fa nn to of Cho BIA. I0- 022ADM Administrative Request Zonin Code Modification Model Homes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin Cicy Council Meeting Meeting page 'ran Ms. Adore Kurtz briefty summarized several changes chat the Planning ecpartm has proposed regarding the reorganization of the Special Permit ...clan of e Code, ac reamllntng the prx es s, making le user friendly, arc. She noted chat two now acetions have been added to the Code - the first one being temporary structures and us such as construction trailers and portable classrooms, which would be regulated by clarifying the duration of such uses as well as heir.& placed in areas chat would be acsthecically pleasing. Ms. Kurtz noted that commercial zone construction trailers would require a site plan which would accompany the building permit. Those in residential areas would be exempt from a special permic, but the applicant would be required to meet with staff to find a mutually sacisfactm lees a ion. Ms. Kurtz then referred to probably the most controversial Portion of the ordinance, chat seccion that duals with model homes in a residential district the requirements would be that proposed model homes be easily accessible and identifiable, integrated into the character of the neighborhood with no external lighting other than the usual and customary residential lighting, approved for a limited duration not to exceed one year and only while buildtr Lots or units are available to the development, identified by no more than one star in compliance with the sign code and the special permit application to describe are use for the proposed modal home (hours of operation, number and types of employees, provision for parking for employees on the site). Mr. Campbell said chat the Planning Commission was in agreement and also noted chat the Board of Zoning Appeals would be handling the Special Permit appllcaclons. Ms. Maurer noted that the ordinance does not provide an exemption for a tent that is assoclaced with a special event. Ms. Kurtz said that Cho ordinance says chat cents are not subject to a special perm LC review by the Board of Zoning Appeals. Mr. Bowaran said chat the intent was not to regulate Cho festival kind of tent Mr. Strip noted chat cents are used quite frequently for private parties, being accachcd to homes, and wondered perhaps if the City was not running Cho risk of over - regulation. Ms. Kurtz said that it was not the intent to regulate tears used for residential party purposes. Mr. Amoroso suggested that perhaps council would feel mote comfortable with language to that effect in the Ordinance. Mr. John M<Gory of the SIA said that they agree and appreciate the scroam- lining of the process; that they were to be good neighbors, but that the builders need to sell homes to remain in business, vistbilicy being an important aspect of potential sales. One of the concerns, be noted, was that which dealt with no external lighting Me said chat for most of the year that wow id be no problem, but Chat o evenings when it gets dark early or there is bad weather chat perhaps cheto could be a middle ground, such as a time limitation, the lights going off at 9:00. A second concern, Mr. Moiety said, was Cho one year limited duration time. noting chat in larger developments it would be difficult to sell all rho lots in one year, and that extensions of time might be difficult to get granted, given ch. criteria suggestod. [to said that they would hope chat the time for which the permit is granted could be varixb'.u, dependant upon how large the deve LOpment might be. Mr. 4cGory said that the renewal requirement for the permit could present a problem, and that they would prefer to avoid such a situatton. Mrs. King said chat she did not foresee a problem with the renewal if a devoloper bas a legitimate number of lots still aval to be sold. 10- 022ADM Administrative Request Zoning Code Modification Model Holnes in Residential Districts RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting November 5, 1990 Page Three ( Mr. Sutphrn agreed with Mrs. King as regards the above, and also expressed a concern :boar the poss1bi11ty of over- regutat tng, mencioni rg specifically can's on private ppop.try. He also as inch Mrs. King that something would need co be worked out as regards the Lighting of the model bases. Mr. McGory said that he did not think chat there would be any objection to rogulac Log the direction in which chc lighting shin... Ms. Maurer said that she ..aid not have a problem with exterior Lighting that is regulated by time and direction. Mr. Blit Fannin noted that the lighting could serve as a crime doeerrant, and suggested regulation regarding the lighting be made on a site by site basis. He also expressed a concern regarding the requirement Chat there be only one small sign indicating a made, home. It was agreed that staff and Mr. McCory work together t come up with some language that will accomplish the desires of staff as well as not cause the builders undue difficulty. There will be a third reading of the Ordidemse at the regularly scheduled Council meeting on November 19, 1990. Mayor Rozanski arrived at 8:05 P.M. Resolution No. 48- - Resolution Adopting Coals or 1991 and Adopting a scat.' Report E Goals established far 1990. bird Reading. Ali agreed at Council and Staff should , e pride in their accomplish ats during t past year. Mr. It ley said thee this topic wt be a subject for future new spur cot os as a means of informing c community about the Council ccomplish- nts l0 1990 as well as the s for 1991. Mrs. King moved to amend t m ] ("Complete the Bikeway S Lem Within 10 Years ") by adding the f owing: "The engineering for a co ns tzuction of a bikeway along S.R. 5 from Bridge Street to Cli Road has begun, the Blazer Parkway blk ay is nearly complete, and anning is underway for additional bike y sogmunts". Mr. Amorose trended she motion. Yoce o .o motion - Mr. Campbell, y Mr. Strip, yes; Mrs. King, es; Mc. Amur , yes; Mr. Sutphen, yes; Mi r Rezanski, yes; Ms. Hubsor es. cc on the Resolution - Ms. rep, yes; Mayor Rezaaskl, y ; Mr. Sutphen, yi Hr. Amorosc, yes; Mrs. Kin yes; Hr. Strip, yes; Mr. Ca oil, yes. f Ordinance Ro. 100-90 rdinance Amending Chapter 1 (Income Tax) of chc Codified Oedlnanec, of the City of Dublin. Snco Reading. IC was no t section 181,11 (srtabitshni- of a Board of Appca is) had loan added c chc Ordtna nee since the firs reading. Mr. Se If moved to amend the Ordinance o read - that the Board be ,,poi.twd By Co oil oa the rncomme.dattoo of . Finance Committee. H Haurnr Seconded the motion the amendRCrtC. Vote - Mr. Amorosc, yes; Mr Campbell, yes; Mrs. King, y , ; Ms. Maurer, yes; Mayon Rozanski, yes; Mr. trip, yes; Mr. Sutphen, yes. Mr. Amornse moved to aive she three time reading 1. and treat as an emerge Mrs. King serondc the Orion. m Yoce - Mayor ranski, yes; Hr. Strip, yes- I. Amorosc, yes; Mr. Sucphe Yes; Ms. M rer, vest Mr. Campbell, yes- rs. Ktng, yes. Voce of the Ordinance - Mr. Campbell yes; Mr. Sucphe., yes; Mr. 'rose, yes Mrs. ,Lng, yes; Mr. Scrip, yes; M - Maurer, yes; Mayor Rozansk yes, 10- 022_DN1 Administrative Request Zoning Code Modification Model Homes in Residential Districts C I T Y O F D U 8 L I N Oepa i tment o r Pfanniny s Onv a lop men; RECORD OF ACTION DUBLIN PLANNING AND ZONING COMMISSION OCTOBER 4, 1990 The Planning and Zoning Commission took the following action in the application below at its regular meeting: S. COMMISSION REVIEW OF PROPOSED AMENDMENTS TO PLANNING AND ZONING CODE: Chapter 1184 Special Permit (revision) Chapter 1129 Board of Zoning Appeals (revision) Chapter 1132. Planning and Zoning Commission (new) MOTION: Recommendation of Code Revisions to City Council for adoption. VOTE: 6 -0 RESULT: Affirmative Recommendation of Code Revisions to City Council for adoption. STAFF CERTIFICATION: Name /Title 10- 022ADM Administrative Request ,ry cosine s„ -:o am, Dublo. w:0 43011 ei4 761 as< Zoning Code Modification Model Homes in Residential Dishicts -Minutes of Meeting Dublin Planning and Zoning Commission October 4, 1990 Page 14 Z 4. e parking lot expan on (across Marcy La ) is to be mplete, ineludin landscaping and 1igi ing, prior to is becoming of ective. conded t motion. The vote z s as follows: Mr. F'shman, yes; Mr. Berlin, yes; a' Kranstuber, yes; Leffler, yes; Mr. 'anus, yes; Mr. Campbell, yes. (Approved 6'0). The ecommendation to be 'orwarded to the board of Zonig Appeals is for ap oval of the Conditi al Use. Ms. Fi ce mentioned that t is case will be prese - ed to the Board of 7� ping Appe s on Thursday, O:to r 25, 1990. 9. proposed Amendments to the Zoning Code Ms. Kurtz gave presentation regarding these proposed amendments and discussed changes. 1. The Board of 'Zoning Appeals will handle Special Permits in the future. 2. The Planning and 'Zoning Commission will have the power to grant Conditional Uses, eliminating the need for a second hearing. 3. Helioorts will be accessory uses to a permitted principal uses in commercial and residential areas. 4. Dish antennae must be screened from adjacent properties and must be removed within twelve months of ceasing operation. 5. Ham radios will be allowed in residential districts with several restrictions. 6. Portable structures and temporary uses must be screened, have appropriate amounts of narking, function well within the site, etc. J 7. Model homes must be sited so that it is easily accessible and ti\ identifiable, integrated into the residential character of the neighborhood and have no external lighting other than the usual and customary residential lighting, have a limited duration not to exceed one year. 8. New chapter of Zoning Code will outline the Planning and Zoning Commission powers and duties. Mr. i.ef er suggested that wh e fees are indicated that they be non-• fundable. Fie also a ed why, after the pl s have been approved does i take 30 days to issu a permit. Ms. Kurtz aid there are times .en the plans need to be rev' ed or something else fight detain it. Other Business Mr. Kranstub mentioned that the ook he just ordereZ.-Orl, American Planning sociation, The Job o the Planning CommisZwerc good book. r. Bowman stated he uld order copies for he commissio M . Kranstuber asked Ms. Clarke if there was better way to infs property owners of etings (several of t Indian Run :•ieadow p upset that they 'd not receive notification). He quoted fr the above book, an example of ecting a sign on the property to serve as, otificat;nn. 10- 022ADM .'administrative Request Zoning Code Modification Model Homes in Residential Districts