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74-08 OrdinanceRECORD OF ORDINANCES Davton Loeal Bunk. Inc. Ordinance No. 74-08 (Amended) Parsed AN ORDINANCE AMENDING SECTION 153.028 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING CONDITIONAL USES IN THE COMMUNITY COMMERCIAL DISTRICT (CASE NO. 08-075ADM). 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 153.028 of the Dublin Codified Ordinance contains information related to the permitted and conditional uses in the CC, Community Commercial District; and WHEREAS, the purpose of this Code amendment is to provide for uses that are not currently specified in the Code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on September 4, 2008 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 Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.028 COMMUNITY COMMERCIAL DISTRICT. (A) Peri~zitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General naercl2anclise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fniit stores and vegetable markets 544 Candy, nut and confectionery stores 20 545 Dairy products stores RECORD OF ORDINANCES Dayton Leeal Blank. Inc. FeiuiNo. ~QC 74-08 (Amended) Page 2 of 8 Ordi~~ance Nn. Passed , 20 ~~ 546 Retail bakeries 549 Miscellaneous food stores (c) Autoc~zobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready-to-wear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home furciishings. 571 Furniture, home furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places RECORD OF ORDINANCES Davton Leal Bl:mk. Inc. 74-08 (Amended) Page 3 of 8 Or~clinance No. Passed 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stores and proprietary stores 592 Liquor stores 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. Tonu~o._39U43. ?o (2) Acbni~iistrative, 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 Con-unercial 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 RECORD OF ORDINANCES ;~.~! Ordinance No. 74-08 (Amended) 616 Loan correspondents and brokers 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) L7suf-ance carriers. 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance Page 4 of 8 Passed , ~0 636 Title insurance 639 hlsurance carriers not elsewhere classified (c) Insura~zce 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 (f) Repair services. 762 Electrical repair shops RECORD OF ORDINANCES 74-08 (Amended) Ordirza~2ce No. 763 Watch, clock and jewelry repair 764 Reupholstery and funiiture repair Page 5 of 8 Passed . ~0 769 Miscellaneous repair shops and related services (g) Professio~~al. 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 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Bicsiness. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services RECORD OF ORDINANCES ~Yd111a12C2 !~~ t~. 735 News syndicates 736 Private employment Passel Page 6 of 8 ~o 739 Business services not elsewhere classified (except 7391 -research development and testing laboratories (see 1159. 02(c)(1)) (c) Fitness at~d Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gy>nnasiums h~ addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15,000 square feet of gross floor area. (d) Pet Care (except Veterinary and Kennel) Services. Pet grooming services Pet sitting services Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the mini>num distance from any residential district or use. (4) Sexually oriented business establish~nzent. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; Am. Ord. 68-99, passed 9-5-00) (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with ~ 153.236. RECORD OF ORDINANCES Da~~rem Lceal L'Lmk. Inc. F} 74-08 (Amended) Page 7 of 8 Ordrrzcnice No. Pnsrecl , 20 (1) Auto-oriented canmercial facilities or oz~tdoor service facilities. Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Arts and Recreation. 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums (b) Educational Day Care Facilities Tutoring Services Mechanical or electrically operated amusement devices as defined in § 112.15 maybe operated in connection with the recreation uses listed herein subject to the provisions of 55 112.15 et seq. i (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals RECORD OF ORDINANCES Ordi~~ance Na 74-08 (Amended) Passed Page 8 of 8 ?~ (5) Large for°mat retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Park and Rides. An off-street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including a maximum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not exceed SO square feet for bus shelters and 500 square feet for terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride terminals and transfer stations: a. The design and architecture of shelter, terminals and transfer stations must be harnlonious with the architectural character of surrounding areas. (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Intensity of zcse. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in ~ 153.016. These required side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one-fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feel wide. Section 2. This Ordinance shall take effect on the earliest date provided by law. da of , 2009. Passed this ~' y Mayor -Presiding Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBLIN. Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of Dublin City Council From: Terry Foegler, City Manager- F~ Date: April 17, 2009 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 74-08 (amended) -Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District (Case 08-075ADM) Summary This request is for a modification to Section 153.028 of the City of Dublin Zoning Code to include day care facilities and tutoring services as conditional uses in CC, Community Commercial District. The modification is part of an effort by Land Use and Long Range Planning to address numerous requests made by local business owners to locate these types of personal services in commercial areas of the City. The proposed modification would provide more locations throughout the City that would allow these types of uses specializing in the development and oversight of children and adults. First Reading The request, as presented to Council on October 6, 2008, was to modify the uses in the CC, Community Commercial District to include day care facilities, tutoring services, and a range of recreational uses. Several members of City Council expressed concerns over the recreational uses and requested additional information about similar type of uses in the vicinity and any problems associated with the uses. The ordinance was tabled to the November 17, 2008 meeting where Planning requested the ordinance be tabled indefinitely to address questions raised by City Council. Planning has researched this topic but is requesting that the proposed recreational uses be omitted from the Code modification in order to proceed with the proposed day care facilities and tutoring services uses. Description Day Care Use and Tutoring Services Day Care uses are currently permitted in private residences in several of the residential districts, and commercially within several Planned Unit Development (PUD) Districts. The use is common to many communities and provides accessible care facilities within commercial areas for all populations. Education tutoring uses provide educational assistance beyond that available in a public or private school setting. These may include ancillary services, such as recreational activities for children, and can provide essential support services to parents while aiding in the educational success of students. Memo re Ordinance 74-08 (amended) -Code Amendment re Conditional Uses April 16, 2009 Page 2 of 2 Recommendation of the Planning and Zoning Commission The proposed Code modification was presented to the Planning and Zoning Commission on September 4, 2008. The modification as presented would have allowed recreational uses including arcades, music groups and bands that accommodated less than 5,000 square feet of a building or tenant space to be permitted uses in the CC, Community Commercial District. Any of these uses exceeding 5,000 square feet would be a conditional use in the same zoning district. The modifications also contained several other uses that were proposed as conditional uses in the CC, Community Commercial District including conference studios, recording studios, day care facilities and tutoring services. The Planning and Zoning Commission recommended approval to City Council with one condition - - that all uses be listed as conditional uses in the CC, Community Commercial District. Planning revised the proposed Code language to reflect the decision rendered by the Planning and Zoning Commission and concerns raised by City Council. Recommendation Planning is recommending that City Council approve Ordinance 74-08 at the Apri120, 2009 Council meeting. TEXT CHANGES REDLINED 74-08 (Amended) AN ORDINANCE AMENDING SECTION 153.028 OF THE DLIBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING CONDITIONAL USES IN THE COMMUNITY COMMERCIAL DISTRICT (CASE NO. 08-075ADM). 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 153.028 of the Dublin Codified Ordinance contains uiformation related to the permitted and conditional uses in the CC, Community Commercial District; and WHEREAS, the purpose of this Code amendment is to provide for uses that are not currently specified in the Code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on September 4, 2008 and recommended approval to City Council because it ser~~es to improve the health, safety and welfare ofthe 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. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follo~~~~s: 153.028 COMMUNITY COMMERCIAL DISTRICT. (A} Permitte~~ use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale ofthe goods, including the buying or processing of goods for resale. (a) General t~nerchanclise. 5251 Hard«~are stores 531 Department stores 74-08 (Amended) 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dauy products stores 546 Retail bakeries 549 Miscellaneous food stores (c} Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) Page 2 of 12 553 Tu•e, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 74-08 (Amended) 525 Hard«~are and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready-to-wear stores 564 Children's and infants' ~~~ear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) 1~OI~`le fdt"I~I,s~lIllg,s. 571 Furniture, home fiirnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores Page 3 of 12 (g) Faad and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 EatitZg and drii~ing places 7013 I~2otels 702 Rooming and boarding houses (h) 11~Iiscellal~eozls t~etail. 74-08 (Amended) 591 Drug stores and proprietary stores 592 Liquor stores 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 59'7 Je«~ehy stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. Page 4 of 12 (2) Ad~~inistrative, Br,~,siness and Professional Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carryi7g 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 set•~~ices 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 74-08 (Amended) Page 5 of 12 605 Establishments performing fimctions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan con•espondents and brokers 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b} Insurance 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 else«~•here classified (c} Insu~°al~ce agents. 641 Insurance agents, brokers and service (d) Real estate. 74-08 (Amended) 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdi~~iders and developers 65b Operative builders Page & of 12 661 Combinations of real estate, uzsurance, loans, la~~~ 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 (f) Repair services. 762 Electrical repair shops 763 Watch, clock and je«~~ehy repair 764 Reupholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Ot~ices of physicians and surgeons 802 Ot~ices of dentists and dental surgeons 803 Offices of osteopathic physicians 74-08 (Amended) 804 Ot~ices of chiropractors 807 1Vledical and dental laboratories 8099 Health and allied services not. elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and boollteeping services Page 7 of 12 (3) Persanal an~~ consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Persanal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repau• shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressv7g, alteration and garment repair 729 Aliscellaneous personal services (b} Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 74-08 (Amended) Page 8 of 12 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 73~ Nees syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 -research development and testing laboratories (see 1159. 02(c)(1)) (c} Fitness and Recreational Sparts Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 1~,~~0 square feet of gross floor area. (d) Pet Cap°e (~~cept I/eterinary and Kennel) Services. Pet grooming services Pet sitting sen~ices Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 5~0 feet from any residential district or use. 74-08 (Amended) Page 9 of 12 In revie«Ting the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (4) Sexually oriented business estahlishnsent. Acommercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment withu1750 feet {as measured from property line to property line} of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 75U feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; Am. Ord. 68-99, passed 9-5-00) (B) Conditional use. The follow-ing uses shall Ue allowed u1 the Community Commercial District, subject to approval in accordance t~-~ith ~ 1~3.23b. (1) Auto-oriented commercial facilities or outdoor service facilities. Auto-oriented service facilities or outdoor sen~ice facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) As°ts and Recreation. 74-08 (Amended) Page 10 of 12 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,400 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gvmnas iums T~,~,~~ ,-o,.,,o row+o,.~, ..+;,.,..~t ~ ,.+n pro„+„i ,,.. w.,n;~n~ ~~ 5 a ~) Eei~z~cation~xl Dav Care Facilities Tutoring Services 74-08 (Amended) Page 11 of 12 Mechanical or electrically operated amusement de~~ices as defined in ~ 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of ~§ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5} Large format ~°etail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) t~Uireless communicatio~~s facilities as conditional uses in all applicable districts. (7} Park and Rides. An off-street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including a maximum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not. exceed 50 square feet for bus shelters and 500 square feet for terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride terminals and transfer stations: a. The design and architecture of shelter, terminals and transfer stations must be harmonious ~~~ith the architectural character of slu•rounduig areas. (C) Development standards. In addition to the provisions of ~~ 153.074 through 153.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. 74-08 (Amended) Page 12 of 12 (3} Side yard. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These requu•ed side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 1 ~ feet. (4} Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.01&. These requu•ed rear yards shall be not less than one-fourth the sum of the height and width of the building, except «-hen adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alley«~ay or combination thereof not less than 40 feet ~i--°ide. Section Z. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2008. Mayor -Presiding officer ATTEST: Clerk of Council RECORD OF PROCEEDINGS _Nliaui~s_~f Dublin Ci Council tY. __ yt~C_ling ~~ November 17, 2008 Page 2 Ij and He summariz that the climate cops ar opeful that the City will ucate the drivers of these vehic and explain why idling its those around them a the environment. Th climate c s are seeking a healthy rid where we and our ch' ren can live without wor about r' ng sea levels or ozone I ers. He urged everyone go to their website and in th fight against global warm' g. ayor Chinnici-Zuercher tl nked the students for the' houghtful study and recommendations regar ~ g this topic. She asked s. Grigsby about any ste the City Ms. Grigsby respond that such discussion by~taff began 3-4 Staff is evalu ing the enforcement of th' AO and is in the proces f looking at any necessary visions. In addition, an o Dublin team was forme that looks at such issues a how they can be addres d. The City considers t types of vehicles used i terms efficiency in fuel econon and the environment. S f concurs with the stude con rns and supports their eff ts. The City would be in rested in working with th ion th r initiative. ayor Chinnici-Zuercher s gested that the team le er contact Ms. Crandall, Administrative Services rector for updates on Cit nitiatives and implemen ion of the group's recommendat~ ns. Ms. Salayadded at perhaps Ms. Crandall uld provide suggestions the group about contacting Cert members of the busine community who may ha an interest in this initiative. In dition, she is hopeful tha a students will approac he School Board with these con pts, as the Schools have any vehicles on the roa CITIZ COMMENTS Wal ce Maurer 7451 Dublin oad noted Council's cha a in posture in respons o the s ents who have spoken i contrast with Council's s died disregard for him. a asked ' Council is tired of him c ing before them for two ears and one month in r and to the free speech issue. T years and one month o Council passed a mo n barring a citizen from speakin bout a particular topic. at is a powerful preced .Council can now invoke that m ion and stop him. He i not asking Council to d This. He would, however, ask Co cil first to consult with t Law Director about pas ' g such a motion al this point. Bas on the tack of respons a gathers that no motto is forthcoming, which could mean ouncil does not believe ' such a motion and woul be fearful of passing it. He will int pret their lack of respo tonight as indicating th are cautious at the ve least. If ouncil won't pass such notion again, it means it ould not have been pas d in the rst place. He ked Mr. Gerber to brief) eel with him at the end the meeting. LEGISLATION POSTPONED ITEMS Ordinance 74-08 Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District. (Case No. 08- 075ADM). Ms. Grigsby stated that the memo indicates that the ordinance was originally presented to Council at the first meeting in October. Council had several questions and requested additional information. Planning staff is continuing to gather data and information in response. Staff is therefore requesting that the legislation be postponed indefinitely. She added that there are no pending applications, which require that this amendment be adopted. Mr. Gerber moved to postpone the ordinance indefinitely. Ms. Salay seconded the motion RECORD OF PROCEEDINGS 1~~ ulttt~s tit' Dublin City Council Nfeeiin~_ __DAri~lllrn/.~,~ Ar.. ... ~..i , .. ., h November 17, 2008 Page 3 I, Vote on the motion: Ms. Salay, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Mr. Gerber, yes; Mr. Lecklider, yes. Mr. Keenan asked how an item is brought back to Council, after it is postponed indefinitely. Ms. Grigsby responded that when the information has been prepared, staff will request that Council schedule the postponed item for hearing. Mr. Keenan asked what happens in the event an item is never brought back to Council. Mr. Smith responded that a list is maintained by the Clerk's office of the status of legislation. SECOND READING/PUB C HEARING - ORDINA ES Ordinance 81-08 Authorizing the Ado ion of a Land Reutlllza n Program and Imple nting the Provisions of Cha er 5722 of the Ohio Re ed Code. Ms. Grigsby slat there is no additional inf motion to report. Vice Mayor ring asked how the exac arcels are identified in t ordinance, as there are severa arcels in Dublin which f in the category of doling nt property tax payment Ms. Gri y responded that this or Hance establishes such rogram for the City of Dubli If there are additional p els in the future that are ded to the Treasurer's t lien ' t, those can be moved i this program as well. T two subject parcels do t h e to be specifically identi din the legislation. On the program is establish ,staff ould notify the county if other parcel is added to a list and the City would ' rtiate the same process. Mr. Keenan asked ' his would be brought to ouncil. Ms. Grigsby resp ded that Council action ould not be necessary, b Council would be informed of su an addition. Mr. Keenan ked about Beckley Lane nd the easement bel~ve the two private properties as the City had discuss' ns with the property own s about this matter? Ms. Gri y responded that such cussions took place in 2 5. The intent at this tim s to mo the land into the progra so that the City can ens a it does not go through t tax ' n sale. .Kennedy added that ll~ ounly notified these pro rty owners because the operty etween their parcels ha een sold to an outside p son. The City had aske a county to sell it back to this ge eman for S50. Mr. Keenan stated th dialogue is important so at the residents don't co a to Council indicating they wer not aware of this proces Ms. Grigsby stat that the original plat ide ified this land as proper) o be dedicated to the City. Onc is property is brought u er the program and Ilste on the City's inventory of nd, the adjacent proper) wners will be notified to them know what has transpired At that time, the City ca valuate whether there is desire to dedicate the land to e property owners or ret ' City ownership of the pi e. Vic ayor Boring stated for rification purposes that s is a very small piece of nd. allace Maurer 7451 D in Road noted that on p e one of the memo, and "Beckley Lane Parcel," it states at the parcel has now be "consumed" by the adj nt property owners with fencing d landscape. Did they know this was not part their , properties? Ms. Grigsby sta d that, based upon the f the sidewalk was never ' stalled, they must have assume he land was part of their roperties. Vole on t Ordinance: Ms. Salay, s; Mr. Lecklider, yes; Mr erber, yes; Vice Mayor Boring es; Mayor Chinnici-Zuer er, yes: Mr. Reiner, yes; r. Keenan, yes. Or Hance 83-08 thorizing the City Ma ger to Grant a General ght-of-Way Permit to de Open est, and Declaring a mergency. Ms. Grigsby reported at Mr. Dunn has prepare an updated memo, and r. McDaniel Is RECORD OF PROCEEDINGS _____ _ Dublin CItY Council __ Mcctin,g; October 6, 0 0 0 that does field case mono eni on more serious i ries; they have a third rty administrator which help employers manage the orkers' compensations tem as well. There were no ques ' ns from Council. Vote on the Ord' nce: Ms. Satay, yes; .Reiner, yes; Mayor Ch' nici-Zuercher, yes; Mr. Gerber, y , Mr. Lecklider, yes. INTRODUCTIONlFIRST READING -ORDINANCES Ordinance 74-08 Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District (Case No. OS- 075ADM). Mr. Langworthy stated that is an administrative code modification for educational use Code amendment. This amendment is to Section 153.028 of the zoning code, which relates to the Community Commercial district. The amendment, as proposed, would add daycare facilities, tutoring services and recreational uses as uses that are permitted by conditional use in the CC district. The Code modification to conditional uses would include arcades, live music and dance venues, daycare facilities, tutoring services, conference centers, and recording studios. Planning & Zoning Commission has reviewed this and recommends approval as does the Planning staff. Mayor Chinnici-Zuercher noted that she recalls at the time of her service on PB~Z that arcades, live music and dance venues had always been prohibited. There was a strong feeling that they were not desired in the community. Personally, she still does not want these in the community. Why are they being proposed now, based on the history of these issues in Dublin? Mr. Langworthy responded that a request was made from a person interested in a facility at the Dublin Village Center. He brought his request to P8Z and gave some description of it. The Commission looked at it in terms of locations where younger people would have an opportunity to gather in a particular environment and P&Z elected to leave that in the proposal as a conditional use. Mayor Chinnici-Zuercher asked for input from Council about this portion of the proposed Code changes. Vice Mayor Boring commented that she does not know why this is being proposed, who generated this, and what it will do to help the community or improve the Code. She is also unhappy that once again, a redlined version of the Code changes was not included in the materials. She moved that henceforth, whenever the Pianning Department brings forth a proposed Code modification, that it must be presented in a redlined version and that it must answer the question of what and for whom the Code changes were prompted, and how the proposed changes will improve the community and the use of the Cade. Mr. Gerber seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Vice Mayor Boring, yes. Vice Mayor Boring commented that she does not know what prompted this ordinance, and she is not certain that P&Z would we-come the dance type of venue either, based on experience in the rest of the community. Mr. Lecklider asked if the person requesting the Code change is the same person who came before Council in May. Mr. Langworthy responded that is correct. Mayor Chinnici-Zuercher recalled that the individual had opened a teen dance center in Columbus and was interested in the Dublin Village Center as a location. Brief discussion followed about the circumstances under which Council had previously considered this item. Mr. Langwortfiy responded that the individual asked for a Code amendment, and he wanted to come to Council regarding his plans for this venue. Staff discouraged him from bringing it to Council, but the individual opted to come to Council with his request. RECORD OF PROCEEDINGS Dublin City Council _ _ Meeting 0 D D Mr. Gerber asked if that presupposes that the present Code does not permit an arcade, dance or music hall? Mr. Langworthy responded that is correct. Mr. Gerber stated that these uses are already prohibited in the Code, and now they would be put into a classification of a conditional use. His understanding from PS~Z is that these are two separate items. A conditional use means that it can be done, if it does not infringe upon the surrounding area and meets some other criteria. If it does infringe, mitigation issues are considered. Therefore, if there were a group that could not have a dance or music hall previously, it would now be permitted -- provided they meet some standards regarding a conditional use. Mr. Langworthy agreed that the potential would now exist for it to be approved. Mr. Gerber asked why staff and P&Z would recommend to Council something that relaxes the standards in the present Code. Mr. Langworthy responded that he cannot speak for the Commission; staff only brought this to the Commission for their consideration. Mr. Gerber noted that this topic was discussed at a work session, and therefore the minutes are not detailed. Mr. Reiner added that this issue was brought forth in the community in the 1980s, and a great deal of discussion took place. It was felt at the time that arcades should be permanently eliminated, and so they were deleted from the Code. It was a difficult battle at the time. He is surprised to see this brought forward. Mayor Chinnici-Zuercher asked for confirmation that the current Code contains a section regarding sexually oriented business establishments. Mr. Langworthy confirmed that is correct. Mayor Chinnici-Zuercher commented that she understands adding daycare facilities, tutoring services, and conference centers. It is the arcade, live music and dance venues that are of concern. She assumes recording studios are the typical facilities one would find. Vice Mayor Boring commented that there was a professional recording studio located off of Brandonway, where commercials were made. She does not understand the difference and why this is included in the Code changes. Mr. Langworthy responded that it is included because it is in the Communit5y Commercial District. The Dublin Code is very specific, with line by line items, and so each district must be looked at individually. Mayor Chinnici-Zuercher asked if any Council Member is supportive of retaining the revisions related to the arcades, live music and dance venues. Ms. Salay stated that there are many young people in the community who, in responding to surveys, consistently Indicate the need for more places to gather and more to do. A dance venue would require lots of supervision and cooperation from the Police department. There would be some hurdles to overcome, but she can understand why this type of business could be desirable. She also Is cognizant of the caution needed in location of such a business, and she would have to be convinced it could be monitored and shut down if it became a nuisance. She does not know how that could be accomplished. Mr. Gerber added that it may come down to an issue of definitions. Perhaps this could be handled as a workshop review item for P&Z, who would then report their findings to Council. Ms. Salay stated that in regard to an arcade, she is not certain how that is defined. To her, it includes electronic games and pinball machines. Many theaters have such rooms off of their lobbies with such equipment. She does not know if problems occur. Mr. Lecklider asked if Game Works at Easton would be classified as an arcade. Ms. Salay responded that she believes it would fit the definition. Located appropriately and supervised properly, and depending upon the cliente-e, it may not be a problem in a community. It does have the potential for problems, however, and the location and oversight would be important. That results in a lot of pressure on the Planning Department, Code enforcement, and the Legal Department to handle it. RECORD OF PROCEEDINGS _ _ Minutes of Dublin City Council Meeting ~ L~iLE0.Cl1Mt`klS.~rS~Ay roo taw October 6, 2008 Page 5 Held ~0 Vice Mayor Boring suggested that the minutes of previous discussions on this topic be provided. It is not a matter of banning all video games, but having appropriate restrictions. D In terms of a dance hall, she recalls a film in the Mayor's Court training which included footage of "raves," which took place at dance venues. Controlling this venue to ensure that would not occur would not warrant the time and expense involved. Mayor Chinnici-Zuercher agreed that the surveys indicate the youth in the community want more recreation opportunities. However, if Council believes this is something the City should participate in, there should be more activities at schools, rec centers, and churches -controlled environments that are not privately owned and operated. Some of the more difficult behaviors take place in the private venues, where there is a limit to capacity. The draw to these facilities is beyond the community. She would prefer to use other venues for organizing and attracting young people to activities. Ms. Grigsby stated that for the next reading, staff will prepare information to address the questions raised and will provide some historical background. There is not a time issue involved with the proposed amendments. Ms. Salay stated that she recalls a similar business was located in The Continent in Columbus. Perhaps the Police Department could check with thatjurisdiction to learn if there were issues and what they were. She would be interested in feedback from the law enforcement staff on this. She agrees that it would be wonderful if the schools would take this on, but they have limited resources in terms of PTOs, faculty and staff who must supervise dances. Programming for teens at the Rec Center would be very welcome by the community, and Council would need to direct the Rec Center staff to pursue more of these programs. a Mr. Smith suggested that Council postpone the ordinance until November to gather the information requested, Mr. Reiner moved to postpone the ordinance unti- a November meeting. Mr. Gerber seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. Gerber, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Vice Mayor Boring, yes; Mr. Keenan, yes; Ms. Salay, yes. Ordinance 75-08 Amending the Annual Ap prlatlons for the F(sca ar Ending December , 2008. Mr. Lecklider introduced t ordinance. Ms. Grigsby stated that a memo provides detail n each of the requests de for appropriations. The ost significant relate to th ransfer to repay advan previously made for the COI provements; fuel purch es, due to the significant st increases; legal fees, base on the identified cases; a some minor items. fuel costs and th~ urchase of fuel from Ms. Gr sby stated that 50 perce of the total fuel the City p chases is subsequently pure sad from the Citv by the chool District or the Tow fo. ere will be a second rea g/public hearing at the tober 20 Council meetin Ordinance 76-08 Amending Sectio 53.170 -153.189 of the blln Codified Ordinanc (Zoning Code) Regardln Aerations of the Archi ctural Review Board (C e No. 07- 096ADM) Ms. Safay in duced the ordinance. Mr. Gund an stated that there are me conflicts in the Code lating to conditional uses, pl ned districts, and how th are dealt with at the Pla ing Commission. Othe chap s are revisions and reorg izations of the definition ction of the Code. The or izational aspects of the and were consolidated in one section. The duties e r efined more precisely, a some of the more vague uties were incorporated i o tt urposes" section of the ode. The hearing requir ants were made consist with what Council is familiar ith. This is the first of th oning districts that has t FIRST READING DOCUMENTS FOR ORDINANCE 7~-08 FOLLOW CITY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of City Council From: Marsha I. Grigsby, Interim City Manager ~ ~; „~~ ~', Date: October 2, 2008 Memo Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 74-08 - Amending Section 153.028 of the Dublin Codified Ordinances (Zoning Code) regarding Conditional Uses in the Community Commercial District (Case No. 08-07SADM). Request Land Use and Long Range Planning is proposing a modification to Section 153.028 of the City of Dublin Zoning Code that relates to uses permitted in the CC, Community Commercial District. The proposed modification would address several requests from the business community for uses that are typically associated with a commercial zoning classification, but not specifically listed in the Dublin Zoning Code. The uses include commercial day care facilities, tutoring services, and various recreational uses. Planning recognizes that there are some of these businesses currently in operation in Dublin. This amendment would allow those businesses to secure the necessary approvals required by the City. Recommendation of the Planning and Zoning Commission The application was presented to the Planning Commission on September 4, 2008. The original language permitted the uses as Conditional Uses with the exception of arcades, live music and dance halls, which would be Permitted Uses if restricted to a maximum capacity of 5,000 square feet. The Planning Commission discussed the uses and decided that based on the complexity of the issues and potential impacts to the surrounding communities, all uses should be listed as Conditional Uses in the Community Commercial District. Based on the recommendation of the Planning and Zoning Commission, staff has modified the proposed Code language as recommended and is presenting the amended Code modification to City Council for adoption. Description Day Care Use and Tutoring Services This use is currently permitted on a small residential care level in several of the residential districts and commercially only within certain Planned Unit Development (PUD) Districts. The use, which is common in many communities, will provide accessible care facilities for all populations within commercial areas. This has been a deficiency in the Code, therefore staff has proposed a modification to address the issue. Education tutoring services provide educational assistance beyond services available in a public or private school setting. These may include ancillary services such as recreational activities for Memo re Ord. 74-08 -Conditional Uses in the Community Commercial District October 2, 2008 Page 2 of 2 children, which can provide essential support services to parents while aiding in the educational success of students. This Code modification would permit this type of personal service to be provided in additional areas throughout the City. Recreational Uses The Code does not include certain entertainment-type uses that provide a variety of functions oriented to various age groups and interest. These include primacy uses such as an arcade and a live music/dance venue. The Code modification would also pei7nit activities associated with these primary uses, such as serving food and drink and a recording studio. Meeting room facilities for the general public would also be included. The Code does not currently address these uses or provide designations in any commercial or industrial areas. Based on the range of uses permitted and the potential impacts to surrounding communities, the uses are being proposed as Conditional Uses. Reconmiendation Staff recommends approval of Ordinance 74-08 at the second reading;`public hearing on October zo, zoos. RECORD OF ORDINANCES Ordincnace No. Passed . 20 AN ORDINANCE AMENDING SECTION 153.028 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING CONDITIONAL USES IN THE COMMUNITY COMMERCIAL DISTRICT (CASE NO. 08-075ADM). 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 153.028 of the Dublin Codified Ordinance contains information related to the pernitted and conditional uses in the CC, Community Commercial District; and WHEREAS, the purpose of this Code amendment is to provide for uses that are not currently specified in the Code; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on September 4, 2008 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 Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.028 COMMUNITY COMMERCIAL DISTRICT. (A) Pef•mitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) Gei2eral t~zerchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores RECORD OF ORDINANCES Or-clinunc•e No 74-08 Passed Page 2 20 545 Dairy products stores X46 Retail bakeries 549 Miscellaneous food stores (c) Aa~tomobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Bt~rilding materials. 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardtivare and faun equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready-to-wear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home fisrnishings. 571 Furniture, home furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places RECORD OF ORDINANCES Davton Loeal [31ank. Inc. Or~liruttu•e Nn. _ 74-08 Pa.s.red Page 3 ~o 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. S91 Drug stores and proprietary stores S92 Liquor stores S93 Antique stores and secondhand stores S94 Book and stationery stores S9S Sporting goods stores and bicycle shops S97 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (2) Aclnzinistrative, 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 60S Estab]ishments performing functions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 61 S Business credit institutions 616 Loan correspondents and brokers RECORD OF ORDINANCES 74-08 Ordhuuzce No. Page 4 Parsecl . 20 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) L~sura~zce 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) hsurance age~zts. 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 (f) Repair services. 762 Electrical repair shops 763 Watch, clock and jewelry repair RECORD OF ORDINANCES Davion Leeal Blank.lnc. Orclinnnce No. 74-08 764 Reupholstery and furniture repair Page 5 I P~t.r.red , ~0 I 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 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services RECORD OF ORDINANCES Daynm Lc_;il Blank. Inc. Porm.Vc.;.O! 74-08 Page 6 Ordbiarice No. Passed , 20 735 News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 -research, development and testing laboratories (see 1159. 02(c)(1)) (c) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15,000 square feet of gross floor area. (d) Pet Care (except Veterinary arul Kennel) Services. Pet grooming services Pet sitting services Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (4) Sexasally o~•iented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or pernlit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b} No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; Am. Ord. 68-99, passed 9-5-00) RECORD OF ORDINANCES 74-08 Page 7 ~ Ordnzar~ce No. Passed , 20 (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with ~ 153.236. (1) Auto-oriented commercial facilities or outdoor service facilities. Auto-oriented service facilities or outdoor service facility developed independently or in association with a pernlitted use. (2) Residential. Living quarters as an integral part of a perniitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Arts and Recreation. 71 Arcades Musical groups (except ma~sical theater groups) Bands, dance Mz.~sical theater companies or groups 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums Conference Centers, no promotional events (rental or leasing) Recording studios, sound, operating on a contract or fee basis (b) Eclzscatio~aal Day Care Facilities Tutoring Services RECORD OF ORDINANCES Ordinance No. 74-08 Page 8 Passed . 20 Mechanical or electrically operated amusement devices as defined in § 112.15 maybe operated in connection with the recreation uses listed herein subject to the provisions of 5 ~ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians crud animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Park and Rides. An off-street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate connnuter traffic into or out of the community, including a maximum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not exceed 50 square feet for bus shelters and 500 square feet for terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride tem~inals and transfer stations: a. The design and architecture of shelter, terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (C) Development standards. In addition to the provisions of S ~ 153.070 through 13.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Irzterzsity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yarcl. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in ~ 153.016. These required side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in ~ 153.016. These required rear yards shall be not less than one-fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. RECORD OF ORDINANCES ~)TifYl(i)tCE NO. 74-08 Page 9 Passe! , ~D Section 2. This Ordinance shall take effect on the earliest date provided by law. Passed this day of , 2008. Mayor -Presiding Officer ATTEST: Clerk of Council PROPOSED CODE CHANGE § 153.028 C"OMNIUNITY C411~INIERCI~L DISTRICT. (a) Permitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) Uel~eral merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Foocl. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dairy products stores 546 Retail bakeries 549 I~-liscellaneous food stores (c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers {without installations) PROPGSED CGDE CHANGE Page2of10 559 Miscellaneous aircraft, marine and automotive dealers (d) Brail,~7ing rnater•ials. 521 Lumber and other building rnaterials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready-to-«~ear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 IVliscellaneous apparel and accessory stores (f) Horne fug°nishings. 571 Furniture, borne furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food artd lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places PROPOSED CODE CHANGE Page 3 of 10 7013 Motels 702 Rooming and boarding houses (h} ~l~li,scellaneaus retail. 591 Drug stores and proprietary stores 592 Liquor stores 593 <<lntique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (2} Administrative, Business and Professional (3~ces. 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 tnaintained 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 PROPOSED CODE CHANGE Page 4 of 10 604 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 con•espondents and brokers 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b} Insurance carriers. 631 Life inslu•ance~ 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (C} 11?SZl7"al?CG' agG'3ZtS. 641 Insurance agents, brokers and service (d) Real estate. 651 Real estate operators (except developers} and lessors 653 Agents, brokers and managers PRGPGSED CGDE CHANGE Page5of10 654 Title abstract companies 6~5 Subdividers and developers 6~6 Operative builders 661 Combinations of real estate, insurance, loans, law offices (e) Business services. 731 ~~dvertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to d«--•ellings and other buildings 739 Business services not elsewhere classified (f) Repai~° services. 762 Electrical repair shops 763 Watch, clock and jewelry repair 764 Reupholstery 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 8099 Health and allied services not else~i~here classified 811 Legal services PROPGSED CGDE CHANGE Page & of 10 891 Engineering and architectural services 893 accounting, auditing and bookkeeping services (3) Personal and cansumey services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a} Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 IVliscellaneous personal services (b) Business. 731 ~~dvertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 735 News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 -research, development. and testing laboratories {see 119. U2(c)(1)} (c} Fitness and Recreational Sports Centers. Physical fitness centers PROPOSED CODE CHANGE Page 7 of 10 Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 1 x,000 square feet of gross floor area. {d) ~'et ~.~`are (except Veterinary and Kennel) Services. Pet grooming services Pet sitting services Pet training ser•~~ices The facility providing pet care services shall not include an outdoor recreation area. and shall not be located less than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (4) Sexually oriented business establishment. !~ commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dul~lin or other municipality}. (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; lam. Ord. 68-99, passed 9-5-00) PROPOSED CODE CHANGE Page 8 of 10 (B) Co7~ditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with ~ 1 }3.236. (1} Auto-oriented commercial facilities or outdoor service facilities. Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Arts and Recr•eatian. 71 Arcades Musical groups (except musical theater groups) Bands, dance Musical theater companies or groups 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities PR~P~SED CODE CHANGE Page 9 of 14 Recreational sports club facilities Gyrnnasiurns Conference Centers, no promotional events (rental or leasing) Recording studios, sound, operating on a contract or fee basis (b) Educational Day Care Facilities Tutoring Services Mechanical or electrically operated amusement devices as defined in ~ 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of ~~ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) f~ffices of veterinarians and aninsal I~ospitals. 4722 Offices of veterinarians and animal hospitals (~) Large format retail. Any retail or wholesale use of 24,444 square feet or more of gross floor area. (6) YVireless communications facilities as conditional uses in all applicable districts. (7) 'ark and Rides. An off-street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including a maYirnum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not eYCeed 54 square feet for bus shelters and 544 square feet for te~r7ninals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to Park and ride terminals and transfer stations: a. The design and architecture of shelter, terminals and transfer stations must be harmonious with the architectural character of surrounding areas. PRGPGSED CGDE CHANGE Page 14 of 10 (C) Development sta7~da~°ds. In addition to the provisions of ~~ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the follo~~~ing provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. Aside yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in ~ 153.016. These required side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rea~° yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one-fourth the sum of the height and ~~~idth of the building, except when adjacent to a dedicated alley of not less than 20 feet. !1 use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. PLANNING AND ZONING COMMISSION RECORD OF AC'CION SEPTEMBER 4, 2008 land Use and Long Range Planning 5900 Shier-Rinds Road Oab'in, Ohio 430 1 6-1 23 6 Phore/ TDD: 614.410-4600 Fax: 614-4144141 Web Sile: wvnv.d~bNn.oh.us Creating a Legacy The Planning and Zoning Commission took the following action at this meeting: 4. Community Commercial District Code Amendment Administrative Request 08-075ADM 7..oning Code Modification Proposal: The addition of educational uses including day cares, tutoring centers, and recreational uses as permitted and conditional uses in Zoning Code Section 153.028, (CC, Community Commercial District) and an amendment to the parking standards within Code Section 153.212. Request: An administrative request to amend the Zoning Code 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~udublin.oh.us MOTION: To recommended approval to City Council of this request to add educational uses including day cares, tutoring centers, and recreational uses in Zoning Code Section 153.028, (CC, Community Commercial District) with the condition that all of the proposed uses be included as a conditional use in the CC District. *Tammy Noble-Flading agreed to the above condition. VOTE: 4 - 0. RESULT: This Administrative Request was approved. ~, STAFF CF.,)ZTIFICATION Tafnmy Noble-Flading Senior Planner Dublin Planning and "Zoning Commission September 4, 2008 -Minutes Page 15 of 16 Does the Canmis:sron,feel that the prvposed .cecoradarv co>?rrectivrz to the Stoneridge Medical Center par-kind lot tv the nvr•lh is appropriate? Mr. Zimmerman confirmed that the Commissioners agreed that it was needed. Mr.. Berardi said all of the Commissioners' comments tonight would be integrated into the plan without question or doubt. Michelle Norris, National Church Residences, thanked Planning for being receptive and helpful to them. She thanked the Commission for their time. Mr.limmernlan ended this inl:ortnal review by thanking everyone 4. Community Commercial District Codc Amendment Administrative Request 08-075ADM Zoning Codc Modification "Tammy Noble-Flading presented this Administrative Request regarding a modification to the toning Code to provide for uses not currently specified in Codc Section 153.028 -Permitted and Conditional Uses - Community Commercial District. She said the primary uses being dealt with are commercial daycare facilities for a range of age groups including those for an aged population. tutoring services. and miscellaneous recreational uses. She said the Commission's suggestion at the August 7, 2008 was to provide these uses primarily as conditional uses. Ms. Noble-Flading said this proposed Code modification would permit recreational uses, like trntsic and dance venues with a size limitation of 5,000 square feet, allowing a capacity of approximately 250 people at any one given time. She explained that anything that exceeds 5,000 square feet under those same use categories would be a conditional use. Ms. Noble-Flading said Planning is recommending approval to City Council for this proposal because they believe it provides additional site options far land use categories within the City. Todd Timmerman invited anyone in the audience who had questions or comments regarding this Administrative Request to raise their hand. [No one responded. ~ Warren Fishman said he would like to keep all recreational uses as a conditional use. Ms. Noble-Flading said they could allow the modification to proceed and list them as conditional uses. Mr. Zimmerman asked if everyone agreed. Ms. Atnorose Groomes said if Mr. Fishman believed that recreational use spaces needed to be conditional uses, regardless of size then she; would support him. Mr. Fishman confirmed he did. Ms. Noble-Flading asked if the Commission would agree to allow dance theaters to remain as permitted uses. Ms. Noble-Flading explained that dance theaters were part of this proposed modification under permitted uses. She reiterated that she was asking if the Commission wanted that to remain as a permitted use, or a conditional use. Mr. >"ishman, Mr. Zimmerman, and Ms. Amoroso Groomes that agreed dance theaters should be considered as a conditions] use. Dublin Planning and Zoning Commission September 4, 2008 -Minutes Yage 16 of 16 Ms. Noble-Flading said approval of this Code modification could be made with one condition that all of the uses listed are conditional uses. Motion and Vote Mr. 7..immerman made the motion to recommend to City Council approval of~this Administrative Request for Code Modification with one condition: "L'hat all uses listed are conditional uses. Mr. Freimann seconded the condition. The vote was as follows: Mr. Fishman, yes; Ms. Amoroso Groomes. yes; Mr. Freimann, yes; and Mr. Timmerman, yes. (Approved 4 - 0.) The meeting was adjourned at 8:31 p.m. Respectfully submitted, Flora Rogers and Libby Farley, Administrative Assistants PLANNING REPORT C17Y~OF DGSLI~. PLANNING AND ZONING COMMISSION {0O9 R~ ~0g1n9 SEPTEMBER 4, 2008 SB00 Shier-Rings Rood Dublin, Ohio 43016-1236 Phone: 614-4104600 Far 614 41Q-4747 Web Sile: vww.dubtiaoh.us SECTION I -CASE INFORMATION 4. Community Commercial District Code Amendment Administrative Request 08-075ADM Zoning Code Modification Proposal: The addition of educational uses including day cares, tutoring centers, and recreational uses as permitted and conditional uses in Zoning Code Section 153.028, (CC, Community Commercial District) and an amendment to the parking standards within Code Section 153.212. Request: An administrative request to amend the Zoning Code under the provisions of Code Seetivn 153.234. Applicant: Jane S. Brautigam, City Manager, City of Dublin. Planning Contact: Tammy Noble-Flading, Senior Planner. Contact Information: (bl4) 41U-4649, tflading@ublin.oh.us Case Summary This application proposes modifications to Section i53.U28 of the City of Dublin Zoning Code which addresses Permitted and Conditional Uses in the Community Commercial District. The proposed modification would address several requests from the business community for uses that are typical of a commercial zoning classification but not specifically listed in the Dublin Zoning Code. Work Session Update This application was reviewed by the Planning and Zoning Commission as a work session item on August 7, 2008. At that time the Commission discussed the uses and suggested the uses be included in the Zoning Code primarily as Conditional Uses, with the exception of two uses that would be Permitted Uses if limited to a maximum size. SECTION II -REVIEW STANDARDS Case Procedure The current Code Section 153.232(B) grants the Planning and Zoning Co3runission the ability to review "amendments to the zoning map and to the zoning ordinance and recommendation of action to Council." Attached to this Planning Report are current Codc sections for the CC, Community Commercial Zoning districts. These sections include language in blue which are Planning and Zoning Commission September 4, 2008 -Planning Report Application No. 08-075ADM -Page 2 of 3 proposed, based on the discussion below. The Commission should review the modifications, provide input where necessary, and vote on the changes. The draft amendments wilt then be forwarded to City Council for final review and approval. Analysis Currently, the Zoning Code fails to address commercial day care centers, tutoring services or certain recreational categories. Planning has recently, and over the years, received requests for these uses and concludes there is benefit to the community in including them in certain zoning districts. As part of this application, Planning also analyzed the parking standards of the Code and has concluded that there are applicable standards in place for these uses and therefore no modifications to this section are proposed. The parking standards are enclosed with the appropriate standards highlighted. Below is a summary of these uses and the proposed Code changes. Day Cure Use and Tutoring Services This is currently permitted, on a smaller residential care level, in several of the residential districts, and commercially only within certain Planned Unit Development (PUD) Districts. The use is prevalent throughout communities and provides accessible care facilities, for all populations, within commercial areas. This is a deficiency in the Code and Planning is proposing a modifcation that would address the issue. F,ducation tutoring services provide educational assistance beyond services available in a public or private school setting. These may include ancillary services such as recreational activities for children. The uses are not currently listed in the City of Dublin Zoning Code and should he included as the conditional use in the Community Commercial District under the same category of use, Personal and Consumer Services. Based on the needs of these uses and the likelihood that some outdoor recreational area will be needed, the Commission felt these uses may warrant additional reviews provided by the Conditional Use process. Planning has prepared language that allows day care facilities and tutoring services in the Community Commercial District as Conditional Uses. Additionally, no distinction is proposed for the day cares services as suggested by the Commission in order to allow all populations to be served. Recreativnal Uses The Code does not include certain entertainment-type uses that provides for a variety of functions oriented to a various age groups and interest. These include primary uses such as an arcade and a live music and dance venue. The Code modification would also permit associated activities that support the primary uses, such as serving food and drink and a recording studio. Meeting room facilities for the general public would also be provided. The Code does not currently address these uses or provide designations in any commercial or industrial areas. Planning and 7,oning Commission September 4, 2008 -Planning Report Application No. 08-075ADM -Page 3 of 3 Planning has prepared language that allows these recreational uses in the Community Commercial District as a Permitted Use provided they do not exceed 5,000 square feet. Once the use exceeds 5,000 square feet, it would be a Conditional Use. SECTION III - RECOMMENDATION: Discussion and Approval to City Council In Planning's opinion, the amendments addressing day care services, tutoring and recreational type uses provide the community with additional locations for essential uses. A recommendation to City Council for approval is requested for these amendments. PROPOSED CODE CHANGE § 153.028 COMMUNITY COMMERCIAL DISTRICT. {A) Permitted use. The following uses shall be permitted in the Community Commercial District: (I) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dairy products stores 546 Retail bakeries 549 Miscellaneous food stores (c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Buildi~ag materials. 521 Lumber and other building materials dealers 08-075ADM Administrative Request Conununity Commercial District Code Amendment PROPOSED CODE CHANGE S22 Heating and plumbing equipment dealers S24 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores S62 Women's accessory and specialty stores 563 Women's ready-to-wear stares S64 Children's and infants' wear stores SbS Family clothing stores S66 Shoe stores S67 Custom tailors 568 Fumers and fur shops S69 Miscellaneous apparel and accessory stores (f) Home furnishings. S71 Furniture, home fumishings and equipment stores S72 Household appliance stores S73 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institutions engaged in furnishing lodging and meals on a fee basis. S81 Eating and drinking places 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stares and proprietary stores S92 Liquor stores 593 Antique stores and secondhand stores 08-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (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 goads 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 b 13 Agricultural credit institutions 6l4 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 671 1-folding companies 672 Investment companies 08-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE 673 Trusts 679 Miscellaneous investing institutions (b) Insurance 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 bS6 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 (fj Repair services. 762 Electrical repair shops 08-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE 763 Watch, clock and jewelry repair 764 Reupholstery 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 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 72b Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Business. 73l Advertising 08-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 73S News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 -research, development and testing laboratories (see 11 S9.02(c)(1)) (c) Fitness and Recreational Sports Centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15,000 square feet of gross floor area. (d) Pet Care (except veterinary and Kennel) Services. Pet grooming services Pet sitting services Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located Iess than 500 feet from any residential district or use. In reviewing the Conditional Use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (e) Arts and Recreation. Arcades Musical groups (except musical theater groups) Bands, dance ()8-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE In addition to all other applicable development standards, the facility shall be limited to less than 5,000 square feet of gross floor area. Musical theater companies or groups (4) Sexually oriented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property tine) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; Am. Ord. 68-99, passed 9-5-00) (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with § 153.236. (1) Auto-oriented commercial facilities or outdoor service facilities. Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Arts and Recreation 71 Arts, Entertainment and Recreation containing 5,000 square feet or more of gross floor area, including: Arcades Musical groups (except musical theater groups) Bands, dance 08-075AUM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and Recreational Sports Centers of 15,000 square feet or more of gross floor area, including: Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums Conference Centers, no promotional events (rental or leasing) Recording studios, sound, operating on a contract or fee basis (b) Educational Day Care Facilities Tutoring Services Mechanical or electrically operated amusement devices as defined in § 112.15 maybe operated in connection with the recreation uses listed herein subject to the provisions of §§ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. 08-075ADM Administrative Request Community Commercial District Code Amendment PROPOSED CODE CHANGE (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Purk and Rides. An off-street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including a maximum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not exceed 50 square feet for bus shelters and 500 square feet for terminals and transfer stations. In addition to all other applicable development standards, the fvllowing standards shall also apply to Park and ride terminals and transfer stations: a. The design and architecture of shelter, terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (C) Development standards. In additivn to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) I.ot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. A side yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These required side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one-fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 4U feet wide. 08-075ADM Administrative Request Community Commercial District Code Amendment EXISTING PARKING CODE § 153.212 MINIMUM N-UMBER OF PARKING SPACES REQUIRED. The minimttm number ofoff-street parking spaces required shall be not less than that as set forth in the following table: Sq. Ft. means square feet of gross floor area TYPE OF USE M1?VIMUM PARKING SPACES One or two-family dwelling 2/dwelling unit Residential Housing for elderly l/dwelling unit All other dwelling units 2.5/dwelling unit Administrative or business 1/250 sq. ft. O c e ff Medical or dental 1/200 sq. ft. Church 1/each 30 sq. ft. of sanctuary, auditorium or main place of worship Day or nursery schools 1/teacberlemployee + 1/6 students Elementary schools 2/classroom -'•- 1/60 sq. ft. of auditorium or assembly hall High school, business, 2/classroom, + 1 for every 20 students for which the technical or trade school, facility is designed, or 1/60 sq. ft. of auditorium Institutional college or university or assembly hall, whichever is greater Library, museum or art gallery 1/250 sq. ft. + 1/each employee on largest shift Auditorium, stadium, conference center or other 1125 sq. ft. place of assembly Hospital 2.5/bed -+- t/each employee on largest shift Nursing home 1/6 beds ~- 1/each employee on largest shift Conunercial or business service uses, including retail Commercial centers less than 100,000 sq. ft. 1!150 sq. ft. + 1/200 sq. ft. of storage area except as otherwise specifically provided for herein Vehicle service station 2/vehicle service station + requirements for vehicle repair Bank 1/250 sq. ft. + 1/employee on largest shift Beauty or barber shop 1/200 sq. ft. 08-075ADM Administrative Request Community Commercial District Code Amendment TYPE OF USE MINIMUM PARKING SPACES Pet Care Services (sitting and 1/10 animals + 1/each employee on largest shift boarding) Pet Care Services (training and 1/250 sq. ft. grooming) Funeral home 1/150 sq. ft. + I/business vehicle Lumber yard, furniture or Large 1/200 sq. ft. appliance store 1/rental unit+ 1/employee on largest shift+ I/ISU sq. Motel or hotel ft. conference or meeting area + required spaces for restaurant and lounge Restaurant, tavern, night 1/50 sq. ft. club lounge or dance halt Vehicle sales 1/300 sq. ft. + 1/1,000 sq. ft, outdoor display area Vehicle repair 1/100 sq. ft. or 3/each service bay, whichever is greater Over 100,000 to 500,000 sq. ft. 5'/Z /1,000 sq. ft. i h ng center S opp Over 500,000 sq. ft. 5/1,000 sq. ft. Bowling alley S/lane + spaces for restaurants Golf driving range I/tee + 1/employee on largest shift Miniature golf 1'/~Ihole + 1/employee on largest shift Skatuig rink (ice or roller) 1/300 sq. ft. Entertainmen)/ Recreation Swimming facility 1/75 sq. ft. + t/30 sq. ft. of spectator area + 1/employee on largest shift Theater, auditorium or 1/3 patrons based on assembly hall maximum capacity Fitness and Recreational Sports 1/250 sq. ft. Centers All laboratories and all l/employee on Largest shift + 1/business vehicle manufacturing production, normally on premises operations fabrication and printing Up to 20,000 sq. R. 1/1,000 sq. ft. Industrial Warehousing I/business vehicle + 10,000 to 120,000 sq. ft. 1/5,000 sq. ft. Over 120,00() sq. ft. 1/10,000 sq. ft. ~ 08-075AllA'I Administrative Request Community Commercial District Code Amendment