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Ordinance 091-15Dayton Legal Blank, Inc. Ordinance No. 91 -15 RECORD OF ORDINANCES Form No. 30043 Passed . 20 AN ORDINANCE AMENDING THE ZONING CODE SECTIONS 153.02 (DEFINITIONS) AND 153.028 (COMMUNITY COMMERCIAL -CC DISTRICT) OF THE DUBLIN CODE OF ORDINANCES TO PERMIT BUSINESS TRAINING AS A PERMITTED USE. (CASE 15- 103ADMC) WHEREAS, it is necessary from time to time to amend Dublin's Zoning Code to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Section 153.028 of the Dublin Codified Ordinance contains information relates to the permitted and conditional uses in the CC, Community Commercial District; and WHEREAS, Section 153.232 of the City of Dublin Zoning Code empowers the Planning and Zoning Commission to review and recommend amendments to the Zoning Code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments on November 5, 2015 and recommended adoption to the City Council because it serves to improve the health, safety and welfare of the citizens of the City of Dublin. NOW®` HEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. Section 153.002 (A)(5), Uses Definitions - E, of the City of Dublin Zoning Code is hereby amended and shall provide as follows: (19) Uses Definitions — E (c) Educational Facility. A facility offering classes, training courses, or skill development to the public, employees or to members of an organization. This use includes but is not limited to vocational, business, or technical schools, training centers, colleges, and universities, but does not include an elementary, middle or high school. Section 2. Section 153.028(A)(2)(e), Community Commercial District, District Uses, of the City of Dublin Zoning Code is hereby amended and shall provide as follows: (2) Administrative, Business and Professional Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions. (a) Finance. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 671 Holding companies RECORD OF ORDINANCES Dayton Legal Blank, Inc. Ordinance No. 91 -15 Form No. 30043 Passed _ Page 2 of 3 20 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) ) nsurance carriers. 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (c) Insurance agents. 641 Insurance agents, brokers and service (d) Real estate. 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices (e) Business services. 731 Advertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to dwellings and other buildings 739 Business services not elsewhere classified Educational Facility - Business Training (f) Repair services. 762 Electrical repair shoes 763 Watch, clock and jewelry repair 764 Re- upholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 809 Health and allied services not elsewhere classified 811 Legal services RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 91 -15 Passed Page 3 of 3 20 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services Section 4. This ordinance shall be effective on the earliest date permitted by law. Passed this 2�A_ day of 1)e,(-' , 2015. or -Presiding O cer ATTEST: Clerk of Council 0 Office of the City Manager 120Emerald Parkway * Dublin, OH 43017-109# City o f Dubli n Phone: 614-410-4400 * Fax: 614-410-4490 To: Members of Dublin City Council r From: Dana L. McDaniel, City Mana Date., November 12, 2015 (nitiated By.- Vince A. Papsidero, FAICP Director of Land Use and Long Range Planning Claudia D. Husak, AICP, Planner II Re: Ordinance 91-15 - Amending the Zoning Code Sections 153.002 (Definitions) and 153.028 (Community Commercial-CC District) of the Dublin Code of Ordinances to Permit Business Training as a Permitted Use, (Case 15- 103ADMC) This is a request by the applicants for review and recommendation of approval to City Coun to amend a portion of the Zoning Code to provide for a new use in the Community Commerci (CC) District for "Educational j Facility — Business Training."" I The Community Commercial (CC) District was most recently updated in 2009 to addre tutoring uses and daycare facilities in the conditional uses section of the district. Prior to thall the district was amended to add pet care services and fitness related uses. There are currentl I eight parcels within the City zoned CC, and several Planned Unit Development texts refer to th 11 45strict for permitted uses. The CC district is one of the original standard zoning districts and to this day largely relies on the antiquated SIC system for use classifications. Planning has, in recent years, made several Code amendments pertaining to permitted and conditional uses without reference to SIC Codes. The largest such update included use A r e r the Bridge Street District and a complete overhaul of the use definitions. The applicant approached Planning with a request for an office tenant that also trains employees on equipment to be located in an office building zoned CC. Planning determined that there was no use permitted in CC that includes employee training. The educational uses permitted in the CC district are limited to tutoring and daycare. ff Two elements of the Code are proposed for amendment: §153.002, (A) Uses Definitions; and §153.028(A) Permitted Uses. Ord. 91-15 — Amending the Zoning Code Sections 153.002 and 153.028 November 12, 2015 Page 2 of 2 The proposed modification to the Zoning Code for the Community Commercial District is appropriate and provides for a use that is of value to Dublin's business community and workforce development, and therefore the residents as the City will be able to attract an additional employment market. The Commission reviewed this proposal at their November 5. 2015 meeting and recommended approval to City Council of the Code Amendment as proposed. Planning recommends City Council approval of Ordinance 91-15 at the second reading/public hearing on December Iof Dublin Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 www.dublinohiousa.gov PLANNING AND ZONING COMMISSION RECORD OF ACTION NOVEMBER 5, 2015 The Planning and Zoning Commission took the following action at this meeting: 4. Community Commercial District— Zoning Code Amendment 15- 103ADMC Administrative Request Proposal: Amendments to Zoning Code Sections 153.002 Definitions and 153.028, Community Commercial (CC) District of the Dublin Code of Ordinances to permit business training as a permitted use. Request: Review and recommendation of approval to City Council for proposed amendments to the Zoning Code under the provisions of Zoning Code Section 153.234. Planning Contact: Claudia D. Husak, AICP, Planner II. Contact Information: (614) 410 -4675, chusak @dublin.oh.us MOTION: Ms. Newell moved, Mr. Stidhem seconded, to recommend approval to City Council for amendments to the Zoning Code. VOTE: 5-0. RESULT: The Zoning Code Amendments were forwarded to City Council with a recommendation of approval. .1;10101.1014 BILT161 d 4-1 Victoria Newell Yes Amy Salay Yes Chris Brown Yes Cathy De Rosa Absent Robert Miller Absent Deborah Mitchell Yes Stephen Stidhem Yes STAFF CERTIFICATION Claudia D. Husak, AICP Planner II City of Dublin Land Use and Long PLANNING AND ZONING COMMISSION Range Planning 5800 Shier Rings Road MEETING MINUTES Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 NOVEMBER 5, 2015 w w.dublinohiousa.gov AGENDA 1. BSD - SCN - Big Sandy Superstore — Signs 6825 Dublin Center Drive 15- 09OMSP Master Sign Plan (Discussion) 2. NE Quad, Subarea 3 - Wyandotte Woods Wyandotte Woods Boulevard 15- 024INF Informal Review (Discussion) 3. Churchman Road — Public Right -of -Way Dedication 7650 Cosgray Road 15- 071PP /FP Preliminary Plat /Final Plat (Approval Recommended 5 — 0) 4. Community Commercial District — Zoning Code Amendment 15- 103ADMC Administrative Request (Approval Recommended 5 — 0) 4. Community Commercial District — Zoning Code Amendment 15- 103ADMC Administrative Request Motion and Vote Ms. Newell moved, Mr. Stidhem seconded, to approve the Administrative Request. The vote was as follows: Ms. Mitchell, yes; Ms. Salay, yes; Mr. Brown, yes; Mr. Stidhem, yes; and Ms. Newell, yes. (Approved 5 — 0) Cityof Dublin Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 www.dublinohiousa.gov Planning and Zoning Commission Planning Report Thursday, November 5, 2015 Zoning Code Amendment Case Summary Agenda Item 4 Case Number 15- 104ADMC Proposal Amendments to Zoning Code Sections 153.002 Definitions and 153.028, Community Commercial (CC) District of the Dublin Code of Ordinances to permit business training as a permitted use. Request Review and recommendation of approval to City Council of a Zoning Code amendment under the provisions of Section 153.234. Applicant Chris Bradley, Nationwide Realty Investors, represented by Matthew Cull, Kephart Fisher LLC Planning Contact Claudia D. Husak, AICP, Planner II. Contact Information (614) 410 -4675, chusak @dublin.oh.us Planning Recommendation Recommendation of approval to Cify Council The proposed modification to the Zoning Code for the Community Commercial District is appropriate and provides for a use that is of value to Dublin's business community. Planning recommends that the Planning and Zoning Commission recommend approval of this amendment to City Council. City of Dublin I Planning and Zoning Commission Case 15- 103ADMC I Zoning Code Amendment Community Commercial District Thursday, November 5, 2015 1 Page 2 of 4 MI-Zoning Code AmendmenC� Case Summary This is a request by the applicants for review and recommendation of approval to City Council to amend a portion of the Zoning Code to provide for a new use in the Community Commercial (CC) District for "Educational Facility — Business Training." 1 153.002 Definitions The Community Commercial (CC) District was most recently updated in 2009 to address tutoring uses and daycare facilities in the conditional uses section of the district. Prior to that, the district was amended to add pet care services and fitness related uses. There are currently eight parcels within the City zoned CC and several Planned Unit Development texts refer to this district for permitted uses. The CC district is one of the original standard zoning districts and to this day largely relies on the antiquated SIC system for use classifications. Planning has, in recent years, made several Code amendments pertaining to permitted and conditional uses without reference to SIC Codes. The largest such update included use tables for the Bridge Street District and a complete overhaul of the use definitions. The applicant approached Planning with a request for an office tenant that also trains employees on equipment to be located in an office building zoned CC. Planning determined that there was no use permitted in CC that includes employee training. The educational uses permitted in the CC district are limited to tutoring and daycare. ng Code Amendment Code Section 153.232(B)(9) provides the Planning and Zoning Commission with 'other powers and duties' which includes making recommendations to City Council for amendments to the Zoning Code. The Commission should review the modifications, provide input, and vote on the changes. The proposed amendment will be forwarded to City Council for its consideration. The following sections summarize the major components and considerations Most uses provided for in the Zoning Code have specific definitions, a7 contained in Section 153.002, (A) Uses Definitions. Given the range of potential interpretations for the proposed use, an addition to the definition for Educational Facility is necessary. Planning and the applicant agree that adding the 'employee' to the definition provides an additional option for training and education and will therefore cover the intended use. Details 153.028 (A) Permitted Uses ]i bnalysis I Review Considerations City of Dublin I Planning and Zoning Commission Case 15- 103ADMC I Zoning Code Amendment Community Commercial District Thursday, November 5, 2015 1 Page 3 of 4 Zoning Code Amencimm The applicant has requested the Educational Facility — Business Training under the Business Services category of the permitted administrative, business and professional offices section of the CC District. Planning has determined this approach as appropriate as it will affect few sites within the City and can potentially add an opportunity for additional combined office ' Zoning Amendment The Zoning Code does not provide for specific review standards for Zoning Code text amendments. However, there are certain considerations that are appropriate when considering an application for these amendments. These are provided below, along with relevant analysis. The Commission is not limited to these considerations, and may choose to give each its own weight as part of the deliberations for a recommendation to City Council. Intent and Purpo Chapter and the Community Plan. G Whether the amendment is consistent with the intent and purpose of this Guideline Met One of the components of the CC District is a broad range of commercial uses with a focus on retail and office. This use provides a service used by employers and is appropriate use in this district. Even though this applicant is providing training to employees as they relate to automobiles, the proposed language does not limit the type of training provided. Error or Omission Whether the change is the result of an error or omission in the original text. Guideline Met Given the age of the Code, it is difficult to know the considerations that first went into determining which uses would be addressed in the Code and in what districts they would be placed. The use of the antiquated system of SIC classifications complicates any discussion of uses within the Code, articular) given their degree of specificity. Creation o Non conformities on areas are most likely to the change. Guideline Met The proposed amendment does not include any use that would affect the exterior of a building or site and the use can be accommodated within the confines of the existing buildings in the CC District. Whether the change might result in the creation nonconformities on properties in the city. NotApplicable I City of Dublin I Planning and Zoning Commission Case 15- 103ADMC I Zoning Code Amendment Community Commercial District Thursday, November 5, 2015 1 Page 4 of 4 The proposed modification to the Zoning Code for the Community Commercial District is appropriate and provides for a use that is of value to Dublin's business community and workforce development, and therefore the residents as the City will be able to attract an additional employment market. Planning recommends that the Planning and Zoning Commission