Tom Alf Teri Horsley Dale McAllister David Belew. Patrick Moeller Michael Samoviski Joshua Smith Mayor Commission Member City Manager

Transcription

1 Planning Commission January 7, 6:00 p.m. Special Meeting Council Chambers First Floor, 345 High Street Hamilton, Ohio Tom Alf Teri Horsley Dale McAllister David Belew Commission Member Commission Member Commission Member Commission Member Patrick Moeller Michael Samoviski Joshua Smith Mayor Commission Member City Manager 1 Public Hearing Roll Call: Alf Belew Horsley McAllister Moeller Samoviski Smith Swearing in of Those Providing Testimony to the Commission: Legal Counsel New Business: Agenda Item #1 Public Hearing Rezoning of Properties to EM-UPD Request by the City of Hamilton to change the zoning on the sites from B-2 (Community Business District), I-1 Limited Industrial), and IPD (Industrial Planned Development) to Entertainment Mixed- Use Planned Development (EM-UPD). Sites located at the 100 to 300 block North B Street Sites located at the 800 to 1100 block of Pyramid Hill Boulevard Staff: Mike Ionna Alf Belew Horsley McAllister Moeller Samoviski Smith Miscellaneous: 1. Appointment of Representative to the Board of Zoning Appeals Primary Representative Alternate Representative 2. Appointment of Representative to the Architectural Design Review Board Primary Representative Alternate Representative Reports: 3. Verbal Report on Architectural Design Review Board Meetings 4. Verbal Report on Board of Zoning Appeals Meetings 5. Verbal Report on previous Planning Commission cases in progress 6. Update on General Planning items Other Business: Adjournment: The City of Hamilton is pleased to provide accommodations to disabled individuals and encourage their participation in city government. Should special accommodations be required, please contact Community Development s office at (24) hours before the scheduled meeting.

2 For the Planning Commission Meeting of January 7, 2019 To: From: Subject: Planning Commission Michael Ionna, AICP Ed Wilson, AICP AGENDA ITEM #1 New Business APPLICANT: LOCATION: REQUEST: Date: December 11, 2018 Applicant/Property Owner Architect/Engineer/Consultant Size of Property City of Hamilton Two (2) areas identified as follows: (1) Area A containing parcels generally located within the 100 to 300 blocks of North B Street along both sides of the street, and; (2) Area B containing parcels generally located within the 800 to 1100 blocks of Pyramid Hill Boulevard along both sides of the street To change the zoning on the areas in question from (Multi- Family Residential Office District), B-2 (Community Business District), I-1 Limited Industrial), and IPD (Industrial Planned Development) to Entertainment Mixed-Use Planned Development (EM-UPD) General Information The City of Hamilton N/A 37.4 acres Area A = 11.3 Acres along North B Street Area B= 26.1 Acres along Pyramid Hill Boulevard Current Zoning (Multi-Family Residential Office District), B-2 (Community Business District), I-1 (Limited Industrial), and IPD (Industrial Planned) Proposed Zoning Entertainment Mixed Use Planned Development District Mixed Use Development N/A Comp. Plan Land Use Designation Special Purpose/CRA Adjacent Land Use/Zoning Information (See next page) Direction Land Use Zoning North South East West PROPOSED ZONING/DIMENSIONAL INFORMATION Propose Minimum Required Existing Minimum Lot Area 5 Acres N/A

3 Adjacent Land Use/Zoning Information Direction Land Use Zoning North Vacant, former Industrial )(Spooky Nook Champion Mill Sports Complex) South Institutional, Park Space EM-UPD Entertainment Mixed-Use Planned Development (Spooky Nook Champion Mill Sports Complex) Multi-Family Residential Office District Vacant EM-UPD Entertainment Mixed-Use Planned Development East Great Miami River N/A West Residential Multi-Family Residential District, Area A - North B Street Land Use and Zoning Area B - Pyramid Hill Boulevard Land Use and Zoning Adjacent Land Use/Zoning Information Direction Land Use Zoning North Residential Commercial R-1 Single Family Residential District, B-2 Commercial Business District, South N/A Outside of City East Great Miami River N/A West Residential, Club/Lodge, Multi- Family Residential RPD Residential Planned District, Multi-Family Residential Office District Multi-Family Residential District, R-3 One to Four Family Residence District, R-2 Single Family Residence District, R-1 Single Family Residential District,

4 Section A: Introduction & Background Section A.1: History In September of 2018, the City approved a text amendment to the City of Hamilton Zoning Ordinance establishing the Entertainment Mixed-Use Planned Development (EM-UPD) zoning district. The purpose of the EM-UPD District is to provide an appropriate zoning district to accommodate the unique demands and impacts of large and regional scale destination and entertainment developments containing a diverse mixture of land uses. Of equal importance the zoning regulations provide the necessary oversight to ensure that development within the EM-UPD District properly integrates with the character and form of the surrounding areas. Also in September 2018, concurrent to the application above, the City approved a zone change for those properties encompassing the Spooky Nook Project located along both sides of North B Street. Section A.2: Intent of the Rezoning The Planning Department is submitting the request to rezone the properties in question for the following reasons: The proposed zone change would allow development consistent with the land uses and recommendations identified within the Hamilton River Plan. The plan, developed and approved in 2018, is intended to guide redevelopment and revitalization of the riverfront areas within key portions of the city. The proposed zone change would allow development consistent with the input provided during Plan Hamilton, an update to the City s comprehensive plan, which identifies the areas for dynamic development opportunities that The proposed zone change will allow properties to be developed and redeveloped in a manner that is complementary with the Spooky Nook Sports Champion Mill project. Section A.3: Existing Site Conditions There two subject areas in question, containing a combined approximate area of 37.4 acres, are both are located on the west side of the City s riverfront. The current zoning of both subject areas is a mix of dissimilar zoning types, including residential, office, commercial, and industrial.

5 Area A, located along North B Street contains an area of 11.3 acres. Existing land uses within this area include commercial uses, industrial uses, institutional uses, and vacant land. Area B, located along the east side of Pyramid Hill Boulevard contains an area of 26.1 acres. Existing land uses within this area include several commercial businesses, including several large parcels. Section B: Petition Review Section B.1: Submitted Request The submitted application is to change the zoning on the areas in question from (Multi- Family Residential Office District), B-2 (Community Business District), I-1 Limited Industrial), and IPD (Industrial Planned Development) to EM-UPD (Entertainment Mixed-Use Planned Development). The application is for a zone change only. There is no development proposed within the submitted application. The purpose of the EM-UPD District is to provide regulations that accommodate the specific character and form of larger scale mixed-use developments while ensuring the proper controls are in place so that they properly integrate with the character and form of the surrounding areas. Development proposals on properties located within an EM-UPD District require review and approval by the Planning Commission. The intent behind the rezoning of the subject properties is outlined within Section A.2 of this report. Section B.2: Properties Proposed for Rezoning: There are 65 parcels within the two subject areas of the submitted request. A list of specific parcels, including addresses and parcel identification numbers, that are part of the proposed rezoning can be found as an exhibit attachment (see Exhibit C). Additionally, a map of the rezoning subject areas has been included in as an exhibit attachment (see Exhibit A). Section C: Notification The Planning Department mailed Public Hearing Notices of the rezoning to the property owners of record. Planning mailed notices to 26 owners of property within the subject areas in question; 16 property owners in the North B Street portion and 10 property owners in the Pyramid Hill Boulevard portion. The Planning Department mailed Public Hearing Notices to the owners of 231 properties within 500 feet of the subject properties per statute requirements.

6 Planning sent the notices December 10 th, earlier than required due to the scope of the proposed rezoning. Additionally, Staff posted this rezoning proposal on the City Website, under the Planning Commission subpage at the same time as the mailing of notices. Furthermore, the proposed rezoning was advertised in the Journal News on December 19 th, as part of the notice requirements for a public hearing at Council. As of this report, Staff received three (3) phone calls regarding this request for rezoning of properties. Two (2) were from property owners in the boundary of the rezoning and one (1) was from a nearby property owner. None were opposed to the rezoning. One (1) property owner with a parcel proposed to be rezoned expressed concern about the ability to rebuild his business within the EM-UPD zoning regulations. Staff worked with the property owner to create a condition of approval that extends the timeline allotted to rebuild for existing businesses. Section D: Statutes Section of the Hamilton Zoning Ordinance provides the basis and process for the rezoning of property within the city, while Section of the Zoning Ordinance governs the Entertainment Mixed-Use Planned Development District (EM-UPD). The purpose of the Entertainment Mixed-Use Planned Development (EM-UPD) District is to provide an appropriate Zoning District to accommodate the unique demands and impacts of large and regional scale destination and entertainment developments. The purpose of an EM-UPD is to promote integrated development oriented at a pedestrian scale which provides for a mixture of land uses. This district should produce development that creates an attractive environment and destination for commerce, employment, living, interaction, dining and entertainment and for the residents, workers, and visitors to the City of Hamilton. Plan Hamilton is the updated Comprehensive Plan for the city; a living document meant to guide land use and zoning decisions for the present and future of the city. The Hamilton River Plan is also relevant due to the goals and recommendations for properties along the Great Miami River. Plan Hamilton recommends entertainment mixed-use as the land use for both subject areas, while the River Plan provides a similar recommendation with a caveat of creating destination places and mixed-use places connected to the river. Section E: Recommendation The Planning Commission can provide a favorable recommendation to City Council or deny the application. The Planning Department recommends the following motion to City Council: That City Council approve the proposed rezoning of the area in question from Multi-Family Residence - Office District (), Residential Planned Development District (RPD), Limited

7 Industrial District (I-1), and Industrial Planned Development (IPD) to Entertainment Mixed Use Planned Development (EM-UPD), which includes the following properties (a-f): a. Parcels along North B Street: i. 157 N B St (P ), 157 N B St (P ), 205 N B St (P ), 208 N B St (P ), 208 N B St (P ), 208 N B St (P ), 215 N B St (P ), 221 N B St (P ), 221 N B St (P ), 221 N B St (P ), 225 N B St (P ), 227 N B St (P ), 240 N B St (P ), 245 N B St (P ), 251 N B St (P ), 251 N B St (P ), 261 N B St (P ), 301 N B St (P ), 305 N B St (P ) b. Miscellaneous Parcels along North B Street: i. (P , P , P , P , P , P , P , P , P , P , P , P , P , P , P , P , P ) c. Parcels along Pyramid Hill Boulevard: i. 810 Pyramid Hill Blvd (P ), 820 Pyramid Hill Blvd (P ), 910 Pyramid Hill Blvd (P ), 930 Pyramid Hill Blvd (P ), 930 Pyramid Hill Blvd (P ), 940 Pyramid Hill Blvd (P ), 954 Pyramid Hill Blvd (P ), 1000 Pyramid Hill Blvd (P ), 1150 Pyramid Hill Blvd (P ), 1188 Pyramid Hill Blvd (P ), 1188 Pyramid Hill Blvd (P ) Miscellaneous Parcel along Pyramid Hill Boulevard (P ) d. Parcels along Main Street (P , P ) e. Parcels along Park Avenue: i. 117 Park Ave (P ), and Miscellaneous Parcels along Park Avenue (P , P ,

8 P , P , P , P , P , P ) f. Miscellaneous Parcels along Wayne Avenue i. (P , P , P , P , P , P ) That City Council approve the proposed rezoning with the following condition: a) That all existing businesses in operation at the time of the adoption of the zone change shall not lose their non-conforming status for a period of two (2) years in the event that any condition, catastrophe, or act of God occurs that would meet the requirements for termination of the non-conforming status of the business operations on their property. Requirements for Non- Conforming Lots, Land Uses and Structures can be found in Section of the Hamilton Zoning Ordinance. Section F: Staff Comments / Basis for Recommendation Staff finds the proposed rezoning of the subject properties to EM-UPD to be consistent with the intent and purpose of rezoning and the purpose of the EM-UPD, Entertainment Mixed- Use Planned Development in the following ways: 1. The proposed zoning of EM-UPD would allow for development consistent with the land uses and recommendations identified within the Hamilton River Plan. The plan, developed and approved in 2018, is intended to guide redevelopment and revitalization of the riverfront areas within key portions of the city. 2. The proposed zoning of EM-UPD would allow development consistent with the input provided during Plan Hamilton, an update to the City s comprehensive plan, which identifies the areas for dynamic development opportunities that contain a mixture of land uses. 3. The proposed zone change will allow properties to be developed and redeveloped in a manner that is complementary with the Spooky Nook Sports Champion Mill project. 4. The proposed areas for rezoning have economic and physical conditions that are conducive to the type of development called out for within the EM-UPD District. The current zoning on the site in question will not allow for the type of density nor the dynamic mixture of land uses that can be utilized within the proposed EM-UPD District. 5. The proposed EM-UPD District provides the proper oversight to ensure that all developments properly integrate with the character and form of the surrounding areas and, as such, will not adversely impact the public health, safety, or welfare of the public.

9 Staff recommends adding a condition of approval that changes the standard six (6) month timeframe to a two (2) year timeframe for the termination of a non-conforming status for an existing business in the event any condition, catastrophe, or act of God occurs. This allows existing businesses that do not conform to the EM-UPD zoning the opportunity to rebuild for up to two (2) years. This recommendation aims to address a concern from a property owner and from an understanding that the objectives of the Hamilton River Plan and Plan Hamilton are not to impede existing businesses but rather to support future development in the area. Attachments: 1. EXHIBIT A Exhibit Map of Proposed Rezoning Areas 2. EXHIBIT B Zoning Map of North B Street and Pyramid Hill 3. EXHIBIT C List of Parcels / Addresses Proposed for Rezoning to EM-UPD

10 EM-UPD Rezoning Exhibit A - Exhibit Map of Proposed Rezoning Areas Road Centerlines Subject Parcel N C ST ALY Area to Rezone JACKSON ST JACKSON ST ALY N D ST WAYNE AVE 157 N C ST PARK AVE Date: 12/8/2018 S C ST S D ST PARK AVE ALY S B ST N B ST ALY 117 N B ST 157 WAYNE AVE ALY MAIN ST 208 E AV S S RO North B Street, Proposed Rezoning Entertainment Mixed-Use Planned Development The information contained in this map is a public resource for general information and is provided for use only as a graphical representation. The City of Hamilton makes no warranty to the content, accuracy, or completeness of the information contained herein and assumes no liability for any errors. Any reliance on this information is the exclusive risk of the user. 1 inch = 200 feet

11 Road Centerlines Subject Parcel 810 PYR AMI DH IL L BLV D Area to Rezone CARR IAGE HILL LN SOU T HER N HI LLS BLV D MEADOW DR Date: 12/8/2018 Pyramid Hill, Proposed Rezoning Entertainment Mixed-Use Planned Development The information contained in this map is a public resource for general information and is provided for use only as a graphical representation. The City of Hamilton makes no warranty to the content, accuracy, or completeness of the information contained herein and assumes no liability for any errors. Any reliance on this information is the exclusive risk of the user. 1 inch = 250 feet

12 EM-UPD Rezoning Exhibit B - Current Zoning of Subject Areas R-3 R-3 N C ST ALY EM-UPD C/H JACKSON ST I-1 I-1 JACKSON ST ALY EM-UPD I-1 WAYNE AVE ALY Date: 12/8/2018 C/H S C ST S D ST MAIN ST PARK AVE PARK AVE ALY EM-UPD N B ST N B ST ALY N C ST IPD S B ST N D ST WAYNE AVE E AV S S RO North B Street, Existing Zoning The information contained in this map is a public resource for general information and is provided for use only as a graphical representation. The City of Hamilton makes no warranty to the content, accuracy, or completeness of the information contained herein and assumes no liability for any errors. Any reliance on this information is the exclusive risk of the user. 1 inch = 200 feet

13 R-1 R-1 B-2 RPD HI L L LN RPD R-3 DH IL L RPD AG E PYR AMI CA RR I BLV D B-2 R-1 SOU T HER N HI LLS R-1 Date: 12/8/2018 BLV D MEADOW DR Pyramid Hill, Existing Zoning The information contained in this map is a public resource for general information and is provided for use only as a graphical representation. The City of Hamilton makes no warranty to the content, accuracy, or completeness of the information contained herein and assumes no liability for any errors. Any reliance on this information is the exclusive risk of the user. 1 inch = 250 feet

14 List of properties at North B Street and Pyramid Hill Boulevard, Hamilton Ohio. Properties proposed for rezoning to EM-UPD: Parcel Number: Address of Record: Owner: P PYRAMID HILL BLVD MIAMI VALLEY RACQUET & RECREATIONAL CENTER INC P PYRAMID HILL BLVD MIAMI VALLEY RACQUET & RECREATIONAL CENTER INC P PARK AVE SANCTUARY CONVENANT CHRISTIAN FELLOWSHIP P PYRAMID HILL BLVD BUTLER-SPARKS ENTERPRISES PRT P PYRAMID HILL BLVD BUTLER-SPARKS ENTERPRISES PRT P N B ST INLOES RICHARD A CO TR & KATHY L CO TR P N B ST INLOES RICHARD A CO TR & KATHY L CO TR P N B ST ROUTH TODD S & LISA J P N B ST DRJ REAL ESTATE INVESTMENTS LLC P N B ST DRJ REAL ESTATE INVESTMENTS LLC P N B ST DRJ REAL ESTATE INVESTMENTS LLC P N B ST TRIANGLE SIGN CO P N B ST TRIANGLE SIGN CO PRT P N B ST TRIANGLE SIGN CO PRT P N B ST TRIANGLE SIGN CO PRT P N B ST COTTEN FLORENCE P N B ST PUCKSTERS PROPERTIES LLC P N B ST HAMILTON INDUSTRIAL GRINDING INC P N B ST DUFF ANDREW & MISTY P N B ST DUFF MISTY P N B ST DUFF MISTY P N B ST PETERSON LAND HOLDINGS LLC P N B ST BUTLER COUNTY LAND REUTILIZATION CORP P N B ST M4 RENTALS LLC P PYRAMID HILL BLVD LANNI NANCI W P PYRAMID HILL BLVD BUTLER AERIE 407 FRATERNAL ORDER OF EAGLES P PYRAMID HILL BLVD LLB PROPERTIES LTD P PYRAMID HILL BLVD EAST HAMILTON HOLDINGS LTD P PYRAMID HILL BLVD EAST HAMILTON HOLDINGS LTD P PYRAMID HILL BLVD MULTINICKS INC P PYRAMID HILL BLVD RIVERS EDGE OF HAMILTON LLC P B ST MIAMI CONSERVANCY DIST P B ST MIAMI CONSERVANCY DIST P MAIN ST MIAMI CONSERVANCY DIST DISTRICT THE P MAIN ST MIAMI CONSERVANCY DIST DISTRICT THE P N B ST INLOES RICHARD A CO TR & KATHY L CO TR P N B ST ROUTH TODD S & LISA J P N B ST ROUTH TODD S & LISA J P N B ST TRIANGLE SIGN CO PRT P N B ST TRIANGLE SIGN CO PRT P N B ST COTTEN FLORENCE

15 P N B ST PUCKSTERS PROPERTIES LLC P N B ST DUFF ANDREW & MISTY P N B ST DUFF ANDREW & MISTY P N B ST DUFF ANDREW & MISTY P N B ST HAMILTON INDUSTRIAL GRINDING INC P N B ST MIAMI CONSERVANCY DISTRICT P N B ST HAMILTON INDUSTRIAL GRINDING INC P N B ST HAMILTON BELT LINE B & O P N B ST MIAMI CONSERVANCY DISTRICT P PARK AVE CITY OF HAMILTON P PARK AVE CITY OF HAMILTON P PARK AVE MIAMI CONSERVANCY DIST DISTRICT THE P PARK AVE MIAMI CONSERVANCY DIST DISTRICT THE P PARK AVE MIAMI CONSERVANCY DIST DISTRICT THE P PARK AVE INLOES RICHARD A CO TR & KATHY L CO TR P PARK AVE INLOES RICHARD A CO TR & KATHY L CO TR P PARK AVE SANCTUARY CONVENANT CHRISTIAN FELLOWSHIP P PYRAMID HILL BLVD RIVERS EDGE OF HAMILTON LLC P WAYNE AVE MIAMI CONSERVANCY DIST P WAYNE AVE MIAMI CONSERVANCY DIST P WAYNE AVE MIAMI CONSERVANCY DIST DISTRICT THE P WAYNE AVE MIAMI CONSERVANCY DIST DISTRICT THE P WAYNE AVE MIAMI CONSERVANCY DIST P WAYNE AVE MIAMI CONSERVANCY DIST