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HomeMy WebLinkAbout17-08 OrdinanceRECORD OF ORDINANCES Dut'ron l.eeal Blank. [nc. Porm Vo. 30f1-L? 17-08 Ordinance No. Passed , 20 AN ORDINANCE AMENDING SECTION 153.072 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING BUILDING SETBACK LINES (CASE N0.08-008ADM) 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, Section 153.072 of the Dublin Codified Ordinances contains information related to minimum setback requirements for parking lots, minimum setbacks for building and parking lots located along freeways and expressways, and minimum requirements to maintain sight triangles; and WHEREAS, the purpose of this Code amendment is to add language to the Code that would define how to measure the building line setback; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on February 21, 2008 and recommends adoption because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~_ of the elected members concurring that: Section 1. Section 153.072 is hereby amended and shall provide as follows: § 153.072 BUILDING SETBACK LINES ALONG PUBLIC RIGHTS- OF-WAY OR PRIVATE STREETS. (A) Required building setback defined. The required building setback is that area between the building setback line and the street right-of--way. Unless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback. (B) Building setback lines established. Along every street right-of--way a building line shall be established from the center line of that right-of--way a distance equal to the width of the existing right-of--way or the width of the right-of--way proposed in the most recent adoption of the Thoroughfare Plan adopted by Council on January 10, 2008 and as amended from time to time whichever right-of--way is greater. Unless otherwise permitted by this Code, the required building setback shall be at least 30 feet. (C) Parking within the required building setback from public right-of--way or a private street. Open parking or loading spaces shall be permitted to extend into the required building setback for not more than a distance equal to 40% of the required building setback distance. Parking areas shall be at least 15 feet from any established or proposed right-of--way or private street easement. (D) Platted setback. No structure or other use shall be located between the public street right-of--way or private street and the platted building setback line unless otherwise permitted by this Code. (E) Setback along freeways or expressways. The setbacks for all principal and accessory buildings, parking, driveways, and all other vehicular use areas along freeway and expressway rights-of--way shall be a minimum of 50 feet. (F) Sight triangles. Sight visibility triangles define areas at public or private street intersections and at curb cuts where visibility must be maintained for safety of the motoring public. Landscaping and other site appurtenances maybe limited in these RECORD OF ORDINANCES Inc. 17-08 Ordinance No. Passed Page 2 Form No. 3QQ4; 20 areas. The City Engineer shall develop and maintain an administrative policy that defines accepted sight visibility triangles at intersections and curb cuts. Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2008. Mayor -Presiding Officer ATTEST: /`~ . ~Cfnq Clerk ouncil CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of City Council Memo r From: Jane S. Brautigam, City Manager ~ ~r-J S.r3 Date: April 17, 2008 Initiated By: Steve Langworthy, Director, Land Use and Long Range Planning Re: Ordinance 17-08 - Amending Section 153.234 of the Dublin Codified Ordinances (Zoning Code) Regarding Building Setback Lines (Case No. 08- 008ADM) Request Land Use and Long Range Planning is proposing a modification to Section 153.072 of the City of Dublin Zoning Code which addresses building line setbacks along public rights-of--way and private drives. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission reviewed the proposed Code Amendment on February 21, 2008 and recommended approval of the modification. No changes were proposed by the Planning and Zoning Commission. Description Building Setback Lines Along Public Rights-of--Way or Private Streets The Code currently defines the portion of a site that constitutes the building line setback but does not define how to measure the setback. This Code modification provides more guidance to the Zoning Code and eliminates ambiguity regarding minimum setback requirements along public rights-of--way and private drives. (Please see attached Exhibit A for the proposed Code modification.) This Code modification reflects the language that was in the City of Dublin Zoning Code prior to April 2007. In April 2007, Land Use and Long Range Planning proposed a code modification (06- 133ADM) that changed sections of the Code related to residential driveways. As part of that amendment, Planning attempted to simplify the Code language to read more clearly and ensure that driveways were the only Permitted Use within a building setback. That Code modification resulted in necessary information being inadvertently omitted and Land Use and Long Range Planning is proposing the Code resume the original language prior to Apri12007 (see attachment). This issue came to the attention of Planning through a general inquiry from another City Department and is only applicable to land that is developed in a standard zoning classification. This provision does not apply to land that is platted or in a Planned Unit Development and therefore is applicable to relatively few development proposals. Recommendation Approval of Ordinance 17-08 at the public hearing/second reading on May 5, 2008. Ordinance 17-08 Exhibit A -Proposed Cocle Modification § 153.072 BUILDING SETBACK LINES ALONG PUBLIC RIGHTS-OF-WAY OR PRItiATE STREETS. (A) Required building setback defined. The required building setback is that area between the building setback line and the street right-of--way er~#e--prepes-~d~ght of ,v~y~~e ~. ...... ,.. »~.,~....... ~..».. ....., 1'...... ..~ .~., »......, ..., .....-~.»-... ~a ~.... .ate..- ~~. ~.....,, ....... ~... .... .., b.-...,....a. Unless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback. right-of-wav or the width of the right of wav nror~osed in the most recent aclontion of the setback shall be at least 30 feet. Unless otherwise permitted by this Code, the required building (C) Parl~ing within the required building setbaclifrom public right-of=way or aprivate street. Open parking or loading spaces shall be permitted to extend into the required building setback for not more than a distance equal to ~0°/a of the required building setback distance. Parking areas shall be at least 15 feet from any established or proposedright-of--way or private street easement. (D) Platted setback. No structure or other use shall be located between the public street right-of--way or private street and the platted building setback line unless otherwise permitted by tlus Code. (E) Setback along freeways or expressways. The setbacks for all principal and accessory buildings, parking, driveways, and all other vehicular use areas along freeway and expressway rights-of-~vay shall be a minimum of ~0 feet. (F} Sight triangles. Sight visibility triangles define areas at public or private street intersections and at curb cuts where visibility must be maintained for safety of the motoring public. Landscaping and other site appurtenances may be limited in these areas. The City Engineer shall develop and maintain an administrative policy that defines accepted sight visibility triangles at intersections and curb cuts. ('80 Code, § 1183.03) (Ord. 35-85, passed 8-5-85; Am. Ord. 17-07, passed 4-9-07) Penalty, see 153.999 CITY OF DUBLIIV_ ~ ~,. ~ ~«w ~. ~g 5800 SHerJtings Road Dublin, Ohia 4301 ~1?36 Phone/TDD:614-~16d60D Fox 614~4)OJ747 Web $ife: www.dubOn.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION FEBRUARY 21, 2008 The Planning and Zoning Commission took the following action at this meeting: 1. Miscellaneous Code Amendments Administrative Request 08-008ADM Zoning Code Amendment Proposal: Change to the Zoning Code to address building setback lines within the General Development Standards section. Request: Review of recommendation for approval to City Council under the provisions of Code Section 153.234. Applicant: .lane 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 for a Zoning Code amendment, because it provides clear definition for a Building Line Setback and that a positive recommendation be forwarded to City Council. VOTE: 5 - 0. RESULT: This Administrative Request was approved and the Commission recommended City Council approve this Zoning Code Amendment. STAFF C~TIFICATION ~' - ~'.G~CIJr/~/ arruny able-Flading // Senior Planner City of Dublin, Gand Use and bong Range Planning, 5800 Shier-Rings Rnad, Dublin, Ohio 43016-1236 Telephone/TDD 614/410-4600 Far: 614/410-4747 Planning and Zoning Commission February 21, 2008 -Minutes Page 2 of 10 was fo rded to City Counci at night and then t app ed. He agreed to se a copy of the selec desi; Mr. Walter asked i e Central Ohio Inn ation Center City Council. . Langworthy said a First Reading 17th. piles and respor would be heard 10:30 p.m. on the all cell phones Planning ands and High had been a roved by ntativel or February silenced during the eting. He explain e ng Commission. a announced that t items and that no items will be intro ced after 1. Miscellaneous Code Amendments Administrative Request 08-008ADM Zoning Code Amendment Tammy Noble-Flading presented this Administrative Request for Zoning Code amendments which were informally reviewed by the Commission at the February 7, 2008 Work Session. She said this amendment deals with the General Development Standards for Building Line Setbacks. She said the purpose of the proposed amendment is to deal with a definition for Building Line Setback. Ms. Noble-Flading said the current Code describes where on a property a Building Line Setback is, but it does not describe how the setback is determined. She said the Code is being modified to add the following definition: The required building setback is that area between the building setback line and the street right-of--way. Unless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback. Ms. Noble Flading said Planning recommends approval for this amendment, suggesting that it provides cleaz definition for a Building Line Setback and that a recommendation for approval be forwarded to City Council. Motion and Vote Todd Zimmerman made a motion to recommend approval of this Administrative Request to City Council. Mr. Fishman seconded the motion. The vote was as follows: Mr. Fishman, yes; Ms. Amoroso Groomes, yes; Mr. Freimann, yes; Mr. Wafter, yes; and Mr. Zimmerman, yes. (Approved 5 - 0. ) ~2. Thomas K er PCD -Tutor T' e Applic on No. 08-007AFD Mr. Zimm an swore in those o intended to spea t~ Balakri an, Celmark Devel ment Group, the ap 'cant. audia Husak prose ed the Planning ort for an application reques ' g review and appro to revise the si. equipment for previously approve 0,500-square-foot d 6365 Emera arkway ~d Final Dev pment Plan to this ca ,including Mike Final Developm Plan lion, the playgroun ayout and center which is rrently under t CITY OF DUBLIIV_ W Un r e s~oou-r.~e..a tea, ~ po161t36 11~ 611-116~K00 F¢ LI1-116x717 Y1e6 Sift ~.dubiul.os SECTION I -CASE PLANNING REPORT PLANNING AND ZONING COMMISSION FEBRUARY 21, 2008 Miscellaneous Code Amendments 08-008ADM Administrative Request Zoning Code Amendment Proposal: Change to the Zoning Code to address building setback lines within the General Development Standards section. Request: Review and recommendation fvr approval to City Councit 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) 410649, tflading@dublin.oh.us Case Summary This is a request for review and recommendation to City Council for a minor modification to the 7.oning Code that defines a building line setback. The modified Code Section defines how a building line setback is measured, in terms of distance, and where this setback is located on a site. Case Background Land Use and Long Range Planning is proposing a modification to Section 153.072 of the City of Dublin Code which addresses building line setbacks along public rights-of--way and private drives. The Code currently defines the portion of a site that constitutes the building tine setback but does not define how to determine the measurable distance of a building line setback. This section of the Code was amended as part of a modification approved by to the Planning and Zoning Commission on February 15, 2007 (06-133ADM) which primarily addressed with modifications to residential driveways. The Code modification attempted to clarify the definition of a building line setback to ensure that driveways were the only Permitted Use in the setback. That Code modification resulted in a definition that was less precise and therefore Land Use and Long Range Planning is proposing language that clarifies how a building line setback is determined and measured (see attachment). Planning and Zoning Commission February 21, 2008 -Planning Report Application No. 08-008ADM -Page 2 of 2 SECTION Ii -REVIEW STANDARDS Case Procedure The current 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 purpose of this discussion is to review the proposed language for Building Setback Lines Along Public Rights-of--Way and Private Streets and make a recommendation to City Council. Proposed Code Section The Code modification is proposing to add Section 153.072(B) which defines a building setback line under the General Development Standards of the Dublin Zoning Code (see attached). The modification also eliminates a statement in Section 153.072(A) that references the Thoroughfare Plan. The statement is repetitive to the new Code language and therefore, Planning is recommending that the sentence be removed from the current Code. SECTION III -RECOMMENDATION: Recommendation for Approval to City Council In Planning's opinion, the amendment provides a clear definition of building setback lines, as well as how to measure the required setback, therefore a recommendation to City Council for approval is requested. § 153.072 BUILDING SETBACK LINES ALONG PUBLIC RIGHTS-OF- WAY OR PRIVATE STREETS. (A) Required building setback defined. The required building setback is that area between the building setback line and the street right-of way die-heve~~eater: UTnless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback. (C) Parking within the required building setback from public right-of--way or a private street. Open parking or loading spaces shall be permitted to extend into the required building setback for not more than a distance equal to 40% of the required building setback distance. Parking areas shall be at least 15 feet from any established or proposed right-of--way or private street easement. (D) Platted setback. No structure or other use shall be located between the public street right-of--way or private street and the platted building setback line unless otherwise permitted by this Code. (E) Setback along freeways or expressways. The setbacks for all principal and accessory buildings, parking, driveways, and all other vehicular use areas along freeway and expressway rights-of--way shall be a minimum of 50 feet. (F) Sight triangles. Sight visibility triangles define areas at public or private street intersections and at curb cuts where visibility must be maintained for safety of the motoring public. Landscaping and other site appurtenances maybe limited in these areas. The City Engineer shall develop and maintain an administrative policy that defines accepted sight visibility triangles at intersections and curb cuts. ('80 Code, § 1183.03) (Ord. 35-85, passed 8-5-85; Am. Ord. 17-07, passed 4-9-07) Penalty, see § 153.999 by this Code, the required building setback shall be at least 3U feet.