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35-05 Ordinance RECORD OF ORDINANCES Dayton Legal Blaok, Ina Form No. 30043 _ 35-OS 20 Ordinance No. Passed AN ORDINANCE AMENDING ORDINANCE 79-04 TO REVISE THE FEES FOR CORRIDOR DEVELOPMENT DISTRICTS IN APPENDIX A OF THE SCHEDULE OF FEES AND SERVICE CHARGES FOR CITY OF DUBLIN SERVICES, AND DECLARING AN EMERGENCY. (SIGNAGE REVIEV~ WHEREAS, the City of Dublin, Ohio has adopted Ordinance 79-04 on December 13, he recove of costs and more articularly the ich established its olicies as tot ry p 04 wh I ! 20 P percentage of full costs to be recovered from users of the City services and established a ' schedule of fees and charges for City services which complies with the policy set forth in that Ordinance; and, ' WHEREAS, the fee for a review of a Corridor Development District was adopted in Ordinance 79-04 in Appendix A, however, approval of Ordinance 69-04 (Amended) on May 16, 2005 revised the development standards and approval criteria in Section 153.115 rd to corridor develo ment Code with re a P Zonin rdinance g in Codified O ) of the Dubl ( g district applications; and i WHEREAS, Ordinance 69-04 (Amended) clarified the applicability of a design component to the approval criteria for corridor development district applications resulting in a need for modification of the fee for corridor development district reviews to include a separate fee for a corridor development district signage review. NOW, THEREFORE,BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ members of the elected officials concurring: Section 1. Appendix A of Ordinance 79-04 is hereby amended to read as follows: APPENDIX A -SCHEDULE OF FEES AND SERVICE CHARGES Percentage of Full Regulation Product or Service Costs to be Recovered Fee (add to existing fees) S-025 Corridor Development District Review 50% $550 signage review only. Section 2. The fee schedule identified in Section 1 become effective pursuant to the ' policies and procedures identified in Ordinance 79-04. Section 3. EFFECTIVE DATE ' That this public hearing be waived and this Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or e take effect and be t this Ordinanc it is desired tha welfare, and for the further reason that in force immediately upon its passage and in conjunction with the objectives of Ordinance 69-04 (Amended). Passed this lit day of , 2005 ~ ~ / - Mayor -Presiding Officer ATTEST: / I hereby certify that copies of this Ordinance/Resolution were posted in the Clerk of Council City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~•9 Deput Jerk of Council, Dublin, Ohio Department of Finance 5200 Emerald Parkway • Dublin, Ohio 43017-1006 M e m 0 Phone: (614) 410-4400 • Fax: (614) 410-4490 CITY OF DUBLIN To: Members of Dublin City Council From: )ane S. Brautigam, City Manager, s~, Date: June 20, 2005 Re: Ordinance 35-05 An Ordinance Amending Ordinance 79-04 to Revise the Fees for Corridor Development Districts in Appendix A of the Schedule of Fees and Service Charges for City of Dublin Services, and Declaring an Emergency. (signage Review) Initiated By: Marsha Grigsby, Deputy City Manager/Director of Finance `cam Melody Kennedy, Financial Analyst SUMMARY: Ordinance 69-04 (Amended), for Corridor Development Districts, was approved by Dublin City Council on May 16, 2005. As you'll recall, one of the recommendations made by the Planning and Zoning Commission in conjunction with the Ordinance was that City Council review the fees for the signage in Corridor Development Districts (CDD). Currently, the fees for CDD reviews are $770 for a minor amendment to an approved plan or building addition of less than 1,000 sq. ft., or $1,600 for other reviews. The approved cost recovery percentage is 50%. With approval of Ordinance 69-04, a change-out of a sign in a CDD would be considered a site improvement and warrant a review. The Planning and Zoning Commission will review the new sign to ensure that it fits the image of Dublin as a quality community pursuant to the language in Section 153.115 of the Zoning Code. Staff from Finance and Land Use & Long Range Planning worked together to arrive at a fee based on adjusted work time for a CDD signage review only. Staff should have a better idea of the amount of work time the signage review will actually take once a few of them have been completed. Currently, it's estimated that 20 of these reviews are completed per year. Using the estimated work time furnished by LU&LRP at a cost recovery of 50%, the calculated fee for a CDD signage review only is $550. The only way to reduce this fee further would be to increase the subsidy, or to reduce the staff time used by making the review an administrative function that does not go through a Planning and Zoning Commission review. Ordinance 69-04 has an effective date of June 15, 2005. LU&LRP has asked that emergency language and dispensing of the public hearing be requested for Ordinance 35-05 so the fee can be effective for business as of July 1, 2005. RECOMMENDATION: Staff recommends approval of Ordinance 35-05 as an emergency measure at the June 20, 2005 City Council Meeting. F RECORD OF ORDINANCES Damn Legal BI V. Inc Form [Ju. ij. _ Ordinance No. 69-04 (AMENDED) Fussed Zp 1 - AN ORDINANCE AMENDING THE DEVELOPMENT STANDARDS AND APPROVAL CRITERIA IN SECTION ]53.1]5 OFTHE ! ~ DUBLIN CODIFIED ORDINANCES (ZONING CODE) - ' CORRIDOR DEVELOPMENT DISTRICT I: ~I ~ WHEREAS, it is necessary from time to time to amend the Code in order to protect ~i the health, safety and we}fare Hof the citizens of the City ofDublin; and i ~i WHEREAS, Section 153.I1~ of the Dublin Codified Ordinances sets forth the ~ application procedures and standard of review for corridor development district approval; and ~ ~ WHEREAS, the City would Hike to clarify the applicability of a design component to ~ the approval criteria for corridor development district applications; and I WHEREAS, the City desires to do this in order to ensure that all buildings and structures constructed or modified in the Corridor Development District are consistent with the surrounding commercial facilities and reflect Dublin's architectural character; and i it WHEREAS, the Planning and Zoning Commission reviewed the Ordinance on November 4, 2004. January 13, 2005. January 20, 2005 and May 5, 2005 and I recommends the adoption of the Ordinance because it sen es to implement City Council objectives and the Community Plan; ~ I NOW, THEREFORE, BE 1T ORDAINF,D by Comtcil of the City of Dublin, State i of Ohio. of the elected members concurring that: Section 1. Section I53.1 I5(D)(2)(g} is hereby created and shall provide as follows: ~I i (g) Design. The design of ne~ti~ structures and of new additions to existing ~I structures, including new site improvements and all new and revised signage, shall take into account architectural style, general design. arrangement, texture, ' material and color so that the image of Dublin is maintained as a quality community. Evaluation of the appearance of a project shall be based on the I, !i quality of its design and its relationship to its surroundings. i. ~j~ Section 2. Section 153.1 ] 5(D,l(2)(h) is hereby created and shall provide as follows: ~i (h) Signage. Sign material, shape, color and illumination shall be indicated and consistent with the Dublin Sign Code and other signage in the area. The signage shall take into account architectural style, general design, arrangement. texture, material and color so that the image of Dublin is maintained as a quality community. E~,~aluation of the appearance of a project shall he based on the quality of its design and its relationship to its surroundings. Section 3. Section l 53.1 I5(E){4) is hereby amended to read: ' ~I (4) Planning and Zoning Commission review. The Planning and Zoning Commission shall review the plan as to whether the following four conditions are met. Section 4. Section 153.1 ] 5(E)(4)(d) is hereby created and shall provide as follows: (d) The proposed deg°elopment meets or exceeds the development standards set forth in Section 153.1 15(D) of the Dublin Codified Ordinances. RECORD OF ORDINANCES Uavton Legal Blank_ ln. _ - _ _ ¢onn No_ uh131 _ _ II L__ ord~nanc ~ No. 69-04 (Amended} p~,.s ,d Page 2 i - Section 5. This Ordinance shall take effect on the earliest date provided bylaw. I!~ i Passed this day of_ , 2005. ~ ~ II . i ~ Mayor -Presiding Officer ~ I ATTEST: ~ I I I I Clerk of Counci} ii II ii i, i I i j, Land Use and Long Range Planning 5800 Shier-Rings Road -Dublin, Ohio 43016 Memo Phone: 614-410-4600 • Fax: 614-410-4747 CJTY OF DUBLIN TO: Members of Dublin City Council .4b FROM: Jane S. Brautigam, City Manager V DATE: May 10, 2005 INITIATED BY: Daniel D. Bird, FAICP, Land Use and Long Range Planning Director RE: Second Reading -Ordinance 69-04(Amended) Amending The Deve opment Standards And Approval Criteria In Section 153.115 Of The Dublin Codified Ordinances (Zoning Code) - Corridor Development District (Case 04- 080ADM) At the January 31, 2005 City Council meeting, Council discussed the applicability of the amendments to the Corridor Development District (CDD') related to signage. As a result of the discussion, a motion was adopted to amend the proposed ordinance to require review of all signage by the Planning and Zoning Commission, whether in a planned development text or not. The Planning and Zoning Commission, at their meeting on May 5, 2005, discussed the motion by City Council requiring review of all signage in the CDD by the Planning and Zoning Commission. As a result of the discussion, the Planning and Zoning Commission recommends the addition of the following language under 153.115(D}(2)(h) in order to further clarify the criteria for approval of signage in the CDD: That the signage shall take into account architectural style, general design, arrangement, texture, material and color so that the image of Dublin is maintained as a quality community. Evaluation of a project shall be based on the quality of its design and its relationship to its surroundings. The revised language is reflected in the Ordinance 69-04 (Amended} attached hereto. Recommendation: Approval of Ordinance 69-04(Amended) as revised by the Planning and Zoning Commission. In addition to the revised language recommended by the Planning Commission for Ordinance 69-04 (Amended), the Planning and Zoning Commission offered the following suggestions: l) That City Council review the fees for signage in the Corridor Development District to make sure they are fair and reasonable, not only in terms of balancing the costs to the City, but also to the costs of the applicant; and 2) Thai the Corridor Development District regulations, at Ieast procedurally, recognize eventually that there will be a new Community Plan and have a revised ordinance in place so that the Commission can review a preliminary plan, let the applicant work with staff to revise the plan, and return to the Commission for final plan approval. Dublin City Council May 16, 2005 Page 3 Mayor Chinnici-Zuercher further clarified for the record that the Law Director has advised Council that the wording of the motion effectively provides the opportunity for other proposals to be considered for this site. Mrs. Boring responded that she recalls previous "tabled indefinitely" proposals that continued to appear on subsequent agendas as "tabled items." Therefore, she concurs with Mr, McCash that rejecting the proposal would result in more clarity for the record. Mr. Smith stated that the legislation could be formally withdrawn. Mr. McCash stated that if the ordinance is tabled and returns to Council in two years, it would have the same ordinance number. However, if the proposal is withdrawn and the developer should desire to revive the proposal at a later date, it would be introduced as new legislation. Mr. Smith concurred. Mr. Lecklider stated that if any item is tabled, there is nothing to prevent it being removed from the table at a later meeting. It allows an opportunity to obtain more information about a particular matter. Mr. Reiner moved to amend his motion of removing this from the agenda and tabling indefinitely to withdrawing Ordinance 13-05. ' Mr. Keenan seconded the motion. Vote on the motion: Mr. McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. CODE AMENDMENT Ordinance 69-04(Amended) Amending the Development Standards and Approval Criteria in Section 153.115 of the Dublin Codified Ordinances (Zoning Code) -Corridor Development District. (Case 04-080ADM) Mr. Bird stated that this ordinance was referred to the Planning Commission for review and received a second hearing/public hearing by Council on January 31, 2005. Council moved to amend the ordinance to require Planning Commission review of all CDD signage, whether in a planned district text or not and referred the amended ordinance to the Planning & Zoning Commission for review. After review on May 5, 2005, the Planning Commission recommends approval of the amended ordinance with the following clarifying language: "That the signage shall take into account architectural style, general design, arrangement, texture, material and color so that the image of Dublin is maintained as a quality community. Evaluation of a project shall be based on the quality of its design and its relationship to its surroundings." In addition to the revised language, the Planning Commission offers two suggestions: 1. That City Council review the fees for signage in the Corridor Development District to ensure that they are fair and reasonable to both the City and the applicant. 2. That the Corridor Development District regulations procedurally recognize that there will be a new Community Plan and have a revised ordinance in place so that the Commission can review a preliminary plan, permit the applicant to work with staff to revise the plan, and return to the Commission for final plan approval. Ms. Salay inquired how this would impact the process for Planning staff and the Planning Commission. Mr. Bird responded that signs in a Corridor Development District that are in conformance with the Sign Code would now undergo review by the Planning Commission. Ms. Salay inquired if the Planning Commission would now have discretion concerning materials, color and shape to match the architecture of a building or the surrounding land uses. Dublin City Council May 16, 2005 Page 4 Mr. Bird affirmed this. Mr. Keenan inquired if the Corridor Development District extends to Sawmill Road. Mr. Bird confirmed that it does. Mr. Keenan inquired how this provision would impact the name changes on signs in Dublin Village Center. Mr. McCash stated that the ordinance does not impact sign changes made prior to the effective date of the ordinance. Mrs. Boring stated that the Planning Commission discussed the possibility of extending the required review to areas other than the CDD. Mr. McCash noted that the Corridor Development District is bounded by I-270, Martin Road, Riverside Drive and Sawmill Road. However, the CDD should be expanded north of I-270 and include some other areas. That was to be considered with the Community Plan update. Mr. Bird stated one of the two recommendations made by the Planning Commission is to require a preliminary plan for new development in a CDD. Mrs. Boring noted that, fortunately, all development north of I-270 has been in a planned district, but the Planning Commission is concerned that the Sign Code is not being enforced in that part of the City with the result that its appearance is not consistent with the remainder of Dublin. Mr. McCash inquired if, currently, there is not a separate fee for review of proposed signage changes within a CDD. Mr. Bird responded that there is not a separate fee. Presently, a minor modification to a CDD is $770. All others are $1,600. There would be the additional cost of a sign permit, which is $270. Mr. McCash requested that staff review the costs for sign modification to determine that they are equitable. Wallace Maurer 7451 Dublin Road testified that he is concerned that the overall guideline for signage in Dublin is that it "maintains the image of Dublin as a quality community." Council advised him that the appropriate forum in which to discuss that concern would be the Community Plan update meetings. Therefore, he will attend those meetings. Vote on the Ordinance: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes. LAND ACQUISITION/EASEMENTS Ordinance 25-05 Authorizing the City Manager to Accept and Receive a 1.255 Acres, More or Less, Fee Simple Interest, and a Combined 0.298 Acres, More or Less, Temporary Construction Easement, Donated by the Board of Education, Dublin Local School District, Located on the West Side of Manley Road aka Avery Road, City of Dublin, County of Delaware, State of Ohio. Ms. Brautigam noted that this ordinance relates to the Glick/Manley/Avery Road Roundabout Project. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Wallace Maurer 7451 Dublin Road inquired if the large building in the aerial photograph is a school, and if the project would impact any residents. Mayor Chinnici-Zuercher responded that two Dublin Schools properties are the only parties impacted, and they have been involved in the discussions. Mr. Reiner inquired if the property was donated to the City of Dublin from the residents of Muirfield at no cost to the City. Mr. Hammersmith confirmed that the Muirfield Association did secure approval for conversion of reserve areas to City right-of-way where needed.