A G E N D A. PLANNING COMMISSION CITY OF HAMILTON, OHIO Council Chambers First Floor, 345 High Street Hamilton, Ohio 45011

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1 A G E N D A PLANNING COMMISSION CITY OF HAMILTON, OHIO Council Chambers First Floor, 345 High Street Hamilton, Ohio ROLL CALL: Monday, April 20, :30 p.m. BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH APPROVAL OF MEETING MINUTES WRITTEN SUMMARY AND AUDIO RECORDING FOR THE FOLLOWING DATE: January 5, 2015 BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH APPROVAL OF MEETING MINUTES WRITTEN SUMMARY AND AUDIO RECORDING FOR THE FOLLOWING DATE: March 16, 2015 BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH SWEARING IN OF THOSE PROVIDING TESTIMONY TO THE COMMISSION: PUBLIC FORUM: Heather Sanderson Lewis, Law Director OLD BUSINESS: None NEW BUSINESS: AGENDA ITEM#1 PUBLIC HEARING Request to amend a Business Planned Development (BPD) located at 4101 Pleasant Avenue, located in the City of Hamilton, to allow the construction of a detached garage on the property. (Scott Yambrich, Applicant) Staff: John Creech BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH AGENDA ITEM#2 PUBLIC HEARING Request to rezone 1743 Greenwood Avenue, City Lot Nos and 27112, located in the City of Hamilton, Third Ward, North Side, from B-1 Neighborhood Business District to R-2 Single-Family Residence District. (Shelly Means, Applicant)

2 Staff: Meredith Murphy BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH AGENDA ITEM#3 PUBLIC HEARING Request to Amend the Zoning Ordinance of the City of Hamilton, Ohio: Definitions relative to Permanent Make-up/Cosmetics. (City of Hamilton, Applicant) Staff: Meredith Murphy BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH AGENDA ITEM#4 Request to Approve a Replat of Part Lots #17810, 17811, 17812, 17814, and Vacated Alley, situated in the Sixth Ward, South Side, City of Hamilton, Butler County, Ohio (Mary Beth Hill, Applicant). Staff: Meredith Murphy BELEW BOWLING HORSLEY McALLISTER MOELLER SAMOVISKI SMITH REPORTS: 1. Verbal Report on Architectural Design Review Board Meeting Results of March 17, 2015 and April 7, 2015 Staff: Ed Wilson 2. Verbal Report on Board of Zoning Appeals Meeting results of April 2, Staff: John Creech MISCELLANEOUS: ADJOURNED:

3 Department of Community Development City of Hamilton, Ohio Municipal Building 345 High Street Hamilton, Ohio Tele (513) Founded in 1791 Fax (513) To: Planning Commission From: John Creech Subject: AGENDA ITEM #1: A request to Modify a Business Planned Development (BPD) located at 4101 Pleasant Avenue to construct a detached metal garage on the property (Scott Yambrich, Applicant). Date: April 20, 2015 Applicant/Property Owner Architect/Engineer/Consultant Project Name Size of Property Current Zoning Proposed Zoning Comp. Plan Land Use Designation Special Purpose/CRA BASIC INFORMATION Scott Yambrich None Scott Yambrich/Mt. Pleasant Motors Approximately 18,000 sq ft BPD-Business Planned Development BPD-Business Planned Development Mixed Use N/A ADJACENT LAND USE/ZONING INFORMATION Direction Land Use Zoning North Shopping Center BPD-Business Planned Development South Cemetery R-1 Residential East Cemetery R-1 Residential West Commercial B-1 Neighborhood Business ZONING/DIMENSIONAL INFORMATION Minimum Required Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Front Yard Setback N/A N/A Minimum Side Yard Setback N/A N/A Minimum Rear Yard Setback N/A N/A Maximum Bldg. Height N/A N/A Other Requirements N/A N/A Existing/Proposed Page 1

4 INTRODUCTION Mr. Scott Yambrich has submitted an application for Planning Commission review and approval to modify a Business Planned Development (BPD) located at 4101 Pleasant Avenue in order to construct a detached metal garage on the property. The property is currently used as an Automobile Sales, Mt. Pleasant Motors, and was approved on April 11, 2011 as a BPD. The property measures approximately 18,000 square feet in area. The current zoning on the property is BPD Business Planned Development. Section of the Hamilton Zoning Ordinance requires Planning Commission review and approval of any major changes to the approved automobile sales use. Mr. Yambrich has indicated that the proposed garage will be used for vehicle storage of classic/historic automobiles and will not be used for automobile repair. Mr. Yambrich has submitted a site plan showing the location of the proposed garage in relation to the other uses on the property. The proposed garage will measure 50 feet in width and 30 feet in depth (1,500 square feet) and approximately 14 feet in height. PLAN/PROPOSAL REVIEW 1. Zoning The property is zoned BPD Business Planned Development and requires Planning Commission review and approval of any major changes to the approved automobile sales use per Section of the Hamilton Zoning Ordinance. 2. Setbacks The proposed garage would be ten (10 ) feet from side (south property line) and ten (10 ) feet from the rear (west) property line. 3. Parking The property has available on site parking for customers and the display of vehicles for sale. 4. Access There are no changes proposed to access to the property. 5. Land Division- There is no proposed land division as part of the application. 6. Landscaping No landscaping information was submitted as part of the application. 7. Lighting There are no changes to lighting proposed with this application 8. Interdepartmental Review If the modification is approved by the Planning Commission, the applicant will submit construction drawings for the proposed garage. 9. Other No changes in signage are proposed. Any exterior building or business signage shall comply with section of the Hamilton Zoning Ordinance. 10. Public Notification Public Hearing notices were mailed to property owners within 500 feet of 4101 Pleasant Avenue. An (attached) from a property owner within the notification area indicates their support for the proposed plan modification. Page 2

5 BUILDING DETAILS The propose garage will be constructed of metal (siding and roof) and will located on the southwest corner of the property. The garage will measure 50 feet in width and 30 feet in depth and approximately 14 feet in height. The garage will have an overhead door facing Pleasant Avenue. Mr. Yambrich has submitted details of the proposed color scheme white for the roof and overhead door, and choice of tan, stone or sand for the exterior (see attached color scheme). RECOMMENDATION If the request to modify a Business Planned Development (BPD) located at 4101 Pleasant Avenue in order to construct a detached metal garage on the property is approved by the Planning Commission, Community Development Department Staff recommends that the approval be subject to the following conditions: 1. The construction drawings for the proposed work, including site/engineering plans, to be revised subject to any future requirements of the City Interdepartmental Review (IDR) Committee upon review. 2. All improvements and work indicated on construction drawings/documents approved by the IDR be installed and maintained in good repair and replaced as necessary to remain in compliance with the approved Business Planned Development. 3. The Planning Commission confirm the color of the garage exterior from the options available tan, stone or sand (see attached color scheme). 4. Any existing landscaping removed by the proposed building be replanted/replaced on site. Attachments to this memo include: 1. Public Hearing Notification Map 2. Zoning Map 3. Site Plan 4. Color Scheme 5. Garage Details 6. in support of Plan Modification Page 3

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12 Department of Community Development City of Hamilton, Ohio Municipal Building 345 High Street Hamilton, Ohio Tele (513) Founded in 1791 Fax (513) To: Planning Commission From: Meredith Murphy Subject: AGENDA ITEM #2 Request to rezone 1743 Greenwood Avenue, City Lot Nos and 27112, located in the City of Hamilton, Third Ward, North Side, from B-1 Neighborhood Business District to R-2 Single-Family Residence District. (Shelly Means, Applicant) Date: April 20, 2015 Applicant/Property Owner Architect/Engineer/Consultant Size of Property Current Zoning Proposed Zoning Special Purpose/CRA BASIC INFORMATION Shelly Means Tom Bryant Total of two (2) parcels is approximately 11,325 sq. ft. or 0.26 Acres B-1 Neighborhood Business R-2 Single Family Residence N/A ADJACENT LAND USE/ZONING INFORMATION Direction Land Use Zoning North A former local Market and a Single B-1 Neighborhood Business Family home South Trucking operation and a Single I-1 Light Industrial Family home East Former Grant Elementary school site I-1 Light Industrial West Single Family homes R-2 Single Family Residence MINIMUM ZONING/DIMENSIONAL INFORMATION Proposed R-2 Existing B-1 Minimum Lot Area 7,500 sq. ft. 11,325 sq. ft. or 0.26 Acres Minimum Lot Front Width 70 feet wide at building 55 Feet setback line Minimum Front Yard 15 feet 25 feet Setback Minimum Side Yard Setback Total of 15 ft for sum of both side yards 8 feet is adjoining a Residential District Page 1

13 Minimum Rear Yard Setback 10 feet 25 feet Maximum Bldg. Height 2 ½ Stories 35 feet Other Requirements See Below ( # 8) See Below ( # 8) BACKGROUND INFORMATION Shelly Means has submitted an application for the rezoning for her recently purchased property at 1743 Greenwood Avenue. The property is currently zoned B-1 Neighborhood Business District. The applicant is proposing a zoning change from B-1 Neighborhood Business District to R-2 Single-Family Residence District. The property is currently vacant and was cleared through the City of Hamilton Land Bank program. The applicant has indicated that the rezoning request is the first step towards consolidation of the five (5) adjoining parcels she owns into a single lot to allow for the construction of a single family residence on the property if the request to rezone from B-1 to R-2 is approved. A total of ninety two (92) public hearing notices were mailed to property owners within 500 feet of the subject property. At the time this report was written a number of calls were received with questions about what the future use of the property would be. PLAN/PROPOSAL REVIEW 1. Zoning There are two (2) parcels associated with this request. The property is currently zoned B-1 Neighborhood Business. The applicant has indicated they wish to consolidate the two (2) parcels that are a part of this request along the three (3) abutting lots to the west to form one larger lot to build a Single Family Residence. This consolidation is not permitted unless the zoning of all parcels matches. The Planning Commission must hold a public hearing and review the rezoning application and forward a recommendation to City Council for final consideration. 2. Setbacks There are no existing buildings located at 1743 Greenwood Avenue. If this request is granted any new building would need to comply with the setbacks listed in Section , R-2 Single Family Residence, of the Hamilton Zoning Ordinance. 3. Parking There is no proposed parking at this time. 4. Land Division- The subject property is currently comprised of two separate parcels, but is part of 5 parcels owned by the applicant. The applicant has indicated that she plans to combine all five parcels into one larger lot to build a Single Family Residence. 5. Landscaping There is no proposed landscaping at this time. 6. Lighting There is no proposed exterior lighting at this time. 7. Interdepartmental Review There are no current plans to review as part of this process. Should building plans be submitted for this site in the future they would be required to be reviewed and approved by the City of Hamilton Interdepartmental review and would have to adhere to the Architectural, Page 2

14 Landscaping, Design Building and Site Development Regulations, Section of the Hamilton Zoning Ordinance and R-2 Single Family Residence, Section of the Hamilton Zoning Ordinance. 8. Other A total of ninety two (92) public hearing notices were mailed to property owners within 500 feet of the subject property. At the time this report was written a number of calls were received with questions about what the future use of the property would be. PLAN/PROPOSAL ANALYSIS Zoning The property located at 1743 Greenwood Avenue currently zoned B-1 Neighborhood Business District. The area where surrounding 1743 Greenwood Avenue is currently a mix of predominantly R-2 Single Family Residential, a small area of B-1 Neighborhood Business, and I-1 light industrial to the south. The applicant is requesting to rezone the subject property to R-2 Single Family Residential, which would match the existing zoning to the west and would continue the zoning through that block of Greenwood Avenue. This would match the surrounding land uses and neighborhood character. Building There are no existing buildings on the property and there are no proposed changes as part of this rezoning application. However, the applicant has indicated that if the rezoning is approved the intent is to consolidate the two lots that are a part of this request along the three (3) abutting lots to the west to form one larger lot to build a Single Family Residence. Any future request to construct a single family residence would go through our Interdepartmental Review process once plans are submitted. Any future plans must adhere to the Architectural, Landscaping, Design Building and Site Development Regulations, Section of the Hamilton Zoning Ordinance and R-2 Single Family Residence, Section of the Hamilton Zoning Ordinance. RECOMMENDATION Due to the requested zone change being a continuation of the adjacent zoning Community Development staff feels that there is sufficient reason for the Planning Commission to approve the request to rezone 1743 Greenwood Ave. The rezoning from B-1 to R-2 would be a continuation of the zoning ordinance and the predominate and abutting land uses in the immediate area. The rezoning would serve to benefit the community as a whole and would help to preserve the character of the surrounding Residential property owners within the immediate area. This change is also allowing the property owner to combine the lots in order to build a single family residential home on a currently vacant property. The Department of Community Development recommends the following motion to rezone the subject properties: 1) That City Council approve the rezoning of 1743 Greenwood Avenue from B-1 Neighborhood Business to R-2 Single Family Residence. Page 3

15 Attachments to this report include: 1. Public Hearing Notification Map 2. Zoning Map Page 4

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18 Department of Community Development City of Hamilton, Ohio One Renaissance Center 345 High Street Hamilton, Ohio Tele (513) Founded in 1791 Fax (513) To: Planning Commission From: Meredith Murphy Subject: AGENDA ITEM #3 Request to Amend the Zoning Ordinance of the City of Hamilton, Ohio: Definitions relative to Permanent Make-up/Cosmetics. (City of Hamilton, Applicant) Date: April 20, 2015 BASIC INFORMATION Applicant/Property Owner City of Hamilton, Applicant Architect/Engineer/Consultant N/A Size of Property N/A Current Zoning N/A Proposed Zoning N/A Comp. Plan Land Use Designation N/A Special Purpose/CRA N/A ADJACENT LAND USE/ZONING INFORMATION Direction Land Use Zoning North N/A N/A East N/A N/A West N/A N/A South N/A N/A ZONING/DIMENSIONAL INFORMATION Minimum Required Existing Minimum Lot Area N/A N/A Minimum Lot Width N/A N/A Minimum Front Yard Setback N/A N/A Minimum Side Yard Setback N/A N/A Minimum Rear Yard Setback N/A N/A Maximum Bldg. Height N/A N/A Other Requirements N/A N/A Page 1

19 BACKGROUND INFORMATION Introduction: Over the past few months staff has had numerous inquiries from local business people about where and what zoning districts could a permanent makeup/cosmetic business could be established. Currently a permanent makeup/cosmetic business, due to the nature of the operation, is considered to fall under Tattoo/Piercing Shops categroy in the Hamilton Zoning Code. Tattoo/Piercing Shops are only allowed as conditional uses in the B-2 Community Business District. In order to better accommodate and differentiate this type of business, staff is proposing an amendment to the definitions of Personal Services and Tattoo/Piercing Shops found in the Hamilton zoning ordinance. Staff is also proposing the creation of a separate definition for Permanent Makeup/Cosmetics. By separating the use from Tattoo/Piercing Shops and including it in Personal Services a permanent makeup/cosmetic business could be established in the B-2, B-3, BPD (with Specific Approval), I-1, I-2, IPD, and in all Form Based Code Districts the same districts where beauty shops/day spas, etc. are permitted. RECOMMENDATION If approved by the Planning Commission, the Department of Community Development recommends the following motion: 1) Request to Amend the Zoning Ordinance of the City of Hamilton, Ohio: Definitions relative to Permanent Make-up/Cosmetics. (City of Hamilton, Applicant) Page 2

20 EXHIBIT A New language in Red CREATE: DEFFINITIONS Permanent Makeup/Cosmetics: Cosmetic technique which employs permanent pigmentation of the skin to resemble makeup, or improve the appearance of birthmarks, scars, burns, or other disfiguring conditions of the skin. AMEND: DEFFINITIONS Personal Services: An establishment which offers specialized goods and services purchased frequently by the consumer such as non-medically related services, including beauty, nail and barber shops; permanent makeup/ cosmetics; clothing rental; dry cleaning drop-off/pick-up stores; Laundromats (self service) laundries; massage services; shoe repair shops; tailors; and tanning salons. AMEND: DEFFINITIONS Tattoo/Piercing Shops: An establishment that practices one or more of the following 1) places designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This definition does not include Permanent Makeup/Cosmetics. ATTACHMENTS: 1. Submitted information from Jacquelyn Bell Page 3

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24 Department of Community Development City of Hamilton, Ohio One Renaissance Center 345 High Street Hamilton, Ohio Tele (513) Founded in 1791 Fax (513) To: Planning Commission From: Meredith Murphy Subject: AGENDA ITEM #4 Request to Approve a Re-plat of Part Lots #17810, 17811, 17812, 17814, and Vacated Alley, situated in the Sixth Ward, South Side, City of Hamilton, Butler County, Ohio (Mary Beth Hill, Applicant). Date: April 20, 2015 BASIC INFORMATION Project Name Former Taylor School Site - Replat Applicant/Property Owner Mary Beth Hill / Rhonda Astrop Architect/Engineer/Consultant Amos Greene Size of Property 1.6 Acres exclusive of ROW Current Zoning RPD Residential planned Development Proposed Zoning RPD Residential planned Development Comp. Plan Land Use Designation Single Family Special Purpose/CRA N/A ADJACENT LAND USE/ZONING INFORMATION Direction Land Use Zoning North Previous Taylor School RPD Residential planned Development South Residential R-2 Single-Family Residence East Residential R-2 Single-Family Residence West Residential R-1 Single-Family Residence ZONING/DIMENSIONAL INFORMATION Minimum Required Proposed Minimum Lot Area N/A 11,425 sq ft 22,472 sq ft Minimum Lot Width 50 feet Minimum Front Yard 25 feet 25 feet Setback Minimum Side Yard Setback 5 feet 5 feet Minimum Rear Yard Setback 10 feet 10 feet Maximum Bldg. Height N/A N/A Other Requirements Section N/A Page 1

25 BACKGROUND INFORMATION Rhonda Astrop, the property owner of the site, is proposing a re-plat of six (6) existing parcels and a vacated alley into five (5) parcels in order prepare for future development of the site. The site which includes the old Taylor School and vacant property was purchased in October of Rhonda Astrop currently owns the entire property. The former Taylor School Building which sits on five (5) existing parcels facing Corwin Avenue is not part of this re-plat. The charts below summarize existing and proposed: Existing Parcel Lot No. Area P Existing Pt. Lot Acres P Existing Pt. Lot Acres P Existing Pt. Lot Acres P Existing Pt. Lot Acres P Existing Pt. Lot Acres P Existing Pt. Lot Acres Vacated Alley 0.06 Acres Proposed Parcel Lot No. Area TBA Butler Co Acres TBA Butler Co Acres TBA Butler Co Acres TBA Butler Co Acres TBA Butler Co Acres RECOMMENDATION: If approved by the Planning Commission, the Department of Community Development recommends the following motion: 1. Request to Approve Re-plat of Part Lots #17810, 17811, 17812, 17814, and Vacated Alley, situated in the Sixth Ward, South Side, City of Hamilton, Butler County, Ohio. ATTACHMENTS: 1. Existing Lot Configuration 2. Proposed Re-plat of Part Lots #17810, 17811, 17812, 17814, and Vacated Alley Page 2

26 Existing Lot Configuration BENNINGHOFEN AVE ALY CORWIN AVE BENNINGHOFEN AVE CORWIN AVE ALY BROUGH AVE BROUGH AVE ALY CORWIN AVE ALY

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28 WRITTEN SUMMARY PLANNING COMMISSION CITY OF HAMILTON, OHIO Council Chambers First Floor, 345 High Street Monday, January 5, :30 p.m. The Planning Commission met as a Committee of the Whole with Mr. Dale McAllister, Chairman presiding and the following members present: BOARD PRESENT: Mr. Bloch, Mr. Bowling, Mr. McAllister, Mr. Moeller, Mr. Samoviski & Mr. Werdmann for Mr. Smith BOARD ABSENT: Mr. Belew SWEARING IN OF THOSE PROVIDING TESTIMONY TO THE COMMISSION: No members of the audience were sworn in before the Planning Commission by Ms. Heather Sanderson Lewis, Law Director. OLD BUSINESS: None NEW BUSINESS: AGENDA # 1 PUBLIC HEARING STAFF: JOHN CREECH Request to Update the Annual Action Plan Draft FY for Hamilton, Ohio (City of Hamilton, Applicant) The Community Development Department has completed an updated Annual Action Plan for Fiscal Year as required by the U.S. Department of Housing and Urban Development (HUD) for the City of Hamilton s Community Development Block Grant (CDBG) and HOME programs. The City of Hamilton is an entitlement community under the CDBG and HOME programs under the Housing and Community Development Act of 1974, as amended. Program funds are allocated nationwide to units of general local government on the basis of a formula that considers the relative inadequacy of each jurisdiction s housing supply, its incidence of poverty, its fiscal distress, and other factors. The Department estimated that the City will receive $1,216,500 in CDBG funds and HOME funding in the amount of $ 321,300. These totals are estimates at this time and are subject to change. The preparation and adoption of an Annual Action Plan is a HUD requirement. The annual Action Plan is used by the local unit of government to gather information, identify issues/priorities, and assist in make funding decisions for CDBG and HOME dollars. 1

29 In light of the proposed funding reductions in both CDBG and HOME programs, the Community Development continues to take a more focused approach on funding to opportunities to meet the greatest needs such as housing, economic development, vacant/dilapidated housing demolition, street resurfacing and repair, and homeless support services. In addition, the Department is taking amore focused approach on implementing portions of the City s Strategic Plan to foster renewed investment and economic development/job creation in the community which include the Economic Development Revolving Loan Fund, Design Assistance for new and/or expanding businesses. The Community Development Department continues to broaden and strengthen relationships with appropriate agencies and other City of Hamilton departments to implement physical improvements, special code enforcement and public services that benefit very low and or to moderate income city residents. Through these relationships, the City will work to provide emergency/minor home repairs to eligible low-income homeowners as well as remove and clear dangerous, dilapidated and vacant buildings. The objectives of the CDBG and HOME programs include the revitalization, preservation, conservations and redevelopment of neighborhoods; stimulating economic development; and providing public improvements, which principally benefit person of low and low-moderate income. Annual Action Plan Update Process: As part of the Annual Action Plan Update, the City created and distributed a survey that was mailed to approximately 1,865 randomly selected Hamilton households coded by census tract. Approximately 16.5 percent of all the mailed surveys were returned which exceeded previous survey years. The City also hosted three (3) public input meetings as part of the preparation of the Annual Action Plan Update. These meetings were designed with a three (3) fold purpose that included survey result tabulation and presentation feedback about community needs during the meetings. Survey results on topics of Housing, Public Facilities/Infrastructure, Economic Development, Clearance/Demolition and Public Service needs were presented. Secondly, information concerning the use and general guidelines from the US Department of Housing and Urban Development regarding CDBG and HOME funds for community development purposes was discussed. Lastly, a review of what has been accomplished with previous year s funding was presented during these meetings. Two (2) of the three (3) public input meeting were held after work hours in different quadrants of the city within public or semi-public facilities for outreach purposes. Recommendation A draft of the Annual Action Plan for FY was attached to the meeting agenda. If approved by the Planning Commission, the Community Development Department recommends that the Planning Commission hold a Public Hearing concurs or modifies the draft recommendations, and forwards to City Council for their consideration. Information concerning our HOME Funds: 2

30 The city is anticipating approximately $ 321,000 HOME Funds. The city must provide a 10% cash match of $33,000. It must be provided under the agreement with HOME. The anticipated uses for those funds are as follows: The Habitat for Humanity with the construction of two (2) homes in the 3rd Ward close the Wards Way Project Partnership for Housing is acquisitioned for housing for the disabled at $ 50,000 Neighborhood Housing Services will be assisting us with the Down payment & closing cost assistance at $ 83,000 Administration of approximately $ 32,000 CHDO to NHS for $ 16,000 The total HOME Funds would be used are $ 321,300. RECOMMENDATION If approved by the Planning Commission, the Community Development Department recommends that the Planning Commission hold a Public Hearing, concurs or modifies the draft recommendations, and forwards the draft to City Council for their consideration. A motion to close the Public Hearing was made by Mr. Samoviski. Mr. Bloch had seconded the motion. With everyone saying AYE, the motion carries. A motion was made by Mr. Bloch to proceed with the recommendation to forward the draft as presented to the Planning Commission onto the City Council for their consideration. The motion was seconded by Mr. Bowling. Mr. Bloch: YES Mr. Bowling: YES Mr. McAllister: YES Mr. Moeller: YES Mr. Samoviski: YES Mr. Werdmann: YES The motion carries. AGENDA # 2 PUBLIC HEARING STAFF: JOHN CREECH Request to amend the Zoning Ordinance of the City of Hamilton, Ohio: Architectural Conservation/Historic District (City of Hamilton, Applicant) BACKGROUND INFORMATION Section establishes the Architectural Design Review Board (ADRB) and the process for reviewing proposals to exterior building modifications within the City of Hamilton s three (3) designated historic districts and designated historic buildings/structures located outside of the designated historic districts. The proposed amendments will address and clarify signage review by the City s Architectural Design Review Board. The purpose of Section of the Zoning Ordinance is to protect historic sites, 3

31 structures and neighborhoods through the review of construction, erection, alteration, removal, moving and demolition of buildings and structures relevant to historic preservation. The proposed amendments will specifically address the review of building signage within the three (3) designated historic districts (Rossville, Dayton Lane & German Village). ADRB Review The ADRB has long review proposals dealing with historic structures for new construction, additions, alterations and changes for either historic properties or historic districts. Typically, these involve the outward appearance of the structure, design features of the structure, and key components of a structure s façade such as paint, windows, roofs, and other architectural details and features. The ADRB reviews the proposals in terms of appropriateness for the structure and the historic district. PERMANENT EXTERIOR BUILDING SIGNAGE The ADRB has long reviewed proposals for permanent exterior building signage within the designated historic districts because like alterations to building facades, the alteration of building signage carries a potential to impact the visual appearance and character of a historic building or historic district. Currently, Section of the Zoning Ordinance does not explicitly address the review of permanent signage as an activity of the ADRB but the ADRB has always considered building signage to simply be part of the building, even free standing signage. The proposed amendment will add specific language to Section that spells out the ADRB s role in reviewing permanent exterior building signage in terms of design and color and the necessity to apply for a Certificate of Appropriateness (COA) from the ADRB. Temporary and exempt signage will remain the subject of zoning review and approval only. Summary The proposed changes to clarify the review of signage and exterior articles of historic structures and property to be added to Section of the Hamilton Zoning Ordinance and are included in the Exhibit A below. EXHIBIT A Purpose: It is the purpose of Section , et seq., to protect the economic, cultural, and educational welfare of the citizens of the City of Hamilton by preserving and protecting significant architectural and/or historic structures, sites, monuments, streetscapes and neighborhoods by the establishment of restrictions on construction, erection, alteration, painting, design, color, removal, moving or demolition of buildings and structures, and the construction, erection, mounting, painting, design, color, moving, demolition, or revision of signage in the any hereinafter designated Architectural Conservation/Historic District. The further purpose of said Section , et seq., shall include but not be limited to the following: Definitions: For the purposes of this Chapter Architectural Conservation/Historic Districts Zoning Ordinance the following words and phrases, shall have the meanings respectively ascribed to them. These definitions are germane to the Architectural Conservation/Historic Districts Zoning Ordinance. The definitions are as follows: 4

32 1. Alteration Any act or process that changes one or more of the exterior architecture features of a building or structure, including but not limited to the erection, construction, reconstruction, painting, design change, color change, or removal of the building or structure. 4. Certificate of Appropriateness A certificate issued by the architectural review board or commission indicating that a proposed change, alteration, painting, design change, color change, or demolition of a historic building or structure, or signage, or within a historic site or district, is in accordance with the provisions of this chapter and local design guidelines. 1. Change Any alteration, painting, design change, color change, demolition, removal or construction involving any property subject to the provisions of this chapter. 17. Sign As defined by Section Definitions of the Hamilton Zoning Ordinance a. New permanent signage or any change of signage is considered an Alteration to the historic property as defined in the aforementioned Section of the Hamilton Zoning Ordinance. Such proposal shall submit a Certificate of Appropriateness Application for review and approval by the Architectural Design Review Board per Section of the Hamilton Zoning Ordinance. b. Proposed freestanding permanent signage must comply with Section D of the Hamilton Zoning Ordinance. c. All proposed permanent signage must comply with the regulations of Section of the Hamilton Zoning Ordinance Certificate of Appropriateness: No alteration, painting, design change, color change, construction, reconstruction, erection, removal or exterior work on a structure, and no construction, erection, mounting, painting, design change, color change, moving, removal, or revision of permanent signage to any property in an Architectural Conservation/Historic District where such action or work will affect the exterior architectural and/or historic features or appearance of a structure, site, monument, streetscape, or neighborhood shall be permitted unless and until a Certificate of Appropriateness for such action or work has been applied for and issued by the Architectural Design Review Board, its Secretary, or Chairperson, as authorized by said Architectural Design Review Board. An application for any building permit for use in an Architectural Conservation/Historic District shall also be considered an application for Certificate of Appropriateness. In addition to the requirements for a building permit, an application shall include such other information as may be required by the Architectural Design Review Board for a Certificate of Appropriateness. Recommendation If approved by the Planning Commission, the Community Development Department recommends the following motion: 1. Request to Amend the Zoning Ordinance of the City of Hamilton, Ohio: Architectural Conservation/Historic Districts. PUBLIC RESPONSE: Dan Graham 1103 Dayton Street Mr. Graham stated that he is the Chairman of the ADRB. He wanted to clarify on the slide presentation about the amendments on the three (3) designated historic districts. However, will it include the 5

33 Central Business District Inventory? Mr. Wilson stated that the Central Building Inventory will be included as well. Mr. Graham stated that the change will make it a lot easier for the ADRB members. They have no guidelines as stated by Mr. Creech. We work out agreements with the building owners. The only question that we usually have would be that does it fall within the guidelines for square footage. It usually gets answer once it has been presented since the other departments would require that information. We would appreciate any additional guidance would be very helpful. They don t want to hold up further development of these new businesses. Mr. McAllister stated that they appreciate the work being done on the ADRB. However, can you give the board more information about the Central Building Inventory? Mr. Wilson stated that it is part of the chapter within the Section At first, it was the basis for the previous Central Business Area but has changed since the Form Based Codes. For example, the Butler County Court House and First Financial Bank are included in the inventory. Mr. Scharf clarified that it can also be called the Architectural Conservation District which may be a more familiar of a term. A motion to close the Public Hearing was made by Mr. Samoviski. Mr. Werdmann seconded the motion. With everyone saying AYE, the motion carries with no objections. A motion was made by Mr. Bloch to accept the proposed changes to the signage guidelines addition as outlined on Section 1126 of the Hamilton Zoning Ordinance. Mr. Samoviski was seconded the motions. Mr. Bloch: YES Mr. Bowling: YES Mr. McAllister: YES Mr. Moeller: YES Mr. Samoviski: YES Mr. Werdmann: YES The motion carries. AGENDA # 3 PUBLIC HEARING STAFF: MEREDITH MURPHY Request to amend the Zoning Ordinance of the City of Hamilton, Ohio: Definitions, Agricultural District, R-1 Single Family Residence, R-2 Single Family Residence, R-2A Single Family Residence District, R-3 One to Four Family Residence District, R-4 Multi-Family Residence District, RPD Residential Planned Development District, R-0 Multi-Family Residence Office District, OPD Office Planned Development District, B-1 Neighborhood Business District, B-2 Community Business District, B-3 Central Business District, BPD Business Planned Development District, I-1 Limited Industrial District, I-2 Industrial District, IPD Industrial Planned Development District, Architectural Conservation/Historic Districts, and Form Based Zoning Districts (City of Hamilton, Applicant) BACKGROUND INFORMATION Currently, the sale of Medical Marijuana is not permitted in the State of Ohio. Due to concerns expressed at public input meetings held last year on permitted and conditional land uses in business zoning districts and by City Council, the zoning amendment listed in Exhibit B below will preemptively ban Medical Marijuana sales in all zoning districts of the City of Hamilton. 6

34 Ms. Murphy stated that the amendment includes a new definition for Medical Marijuana Sales, as well as specific references in every zoning district preemptively banning the sale of Medical Marijuana should it ever be allowed in the State of Ohio. EXHIBIT B CREATE: DEFINITIONS Medical Marijuana Sales shall mean any business, building, structure, or land use for the sale of Medical Marijuana. CREATE: Agricultural District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-1 Single Family Residence Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-2 Single Family Residence Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-2A Single Family Residence District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-3 One to Four Family Residence District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-4 Multi-Family Residence District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: RPD Residential Planned Development District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: R-O Multi Family Residence Office District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: OPD Office Planned Development District Prohibited Use: Medical Marijuana Sales: As Defined in Section AMEND: B-1 Neighborhood Business District 7

35 Prohibited Uses: Pawn Shops, Check Cashing, Bail Bonds, Pay Day Lending, Car Title Loan Business, Tattoo & Piercing and Medical Marijuana Sales. CREATE: B-2 Community Business District Prohibited Use: Medical Marijuana Sales: As Defined in Section CREATE: B-3 Central Business District Medical Marijuana Sales: As Defined in Section CREATE: I-1 Limited Industrial District Medical Marijuana Sales: As Defined in Section CREATE: I-2 Industrial District Medical Marijuana Sales: As Defined in Section CREATE: IPD Industrial Planned Development District Medical Marijuana Sales: As Defined in Section CREATE: Form-Based Zoning Districts Permitted Uses Retail and Services P P P P P P P P See Building P P P P P P Materials and Hardware Clothes Cleaning P P P P P P P P and Laundry Pickup Stations Grocery Stores P P P P P P P P Medical Marijuana Sales Recommendation If approved by the Planning Commission, the Community Development Department recommends the following motion: 1. Request to Amend the Zoning Ordinance of the City of Hamilton, Ohio: Definitions, Agricultural District, R-1 Single Family Residence, R-2 Single Family Residence, R-2A Single Family Residence District, R-3 One to Four Family Residence District, R-4 Multi-Family Residence District, RPD Residential Planned Development District, R-0 Multi-Family Residence Office District, OPD Office Planned Development District, B-1 Neighborhood 8

36 Business District, B-2 Community Business District, B-3 Central Business District, BPD Business Planned Development District, I-1 Limited Industrial District, I-2 Industrial District, IPD Industrial Planned Development District, Architectural Conservation/Historic Districts, and Form Based Zoning Districts A motion was made by Mr. Samoviski to close the Public Hearing. Mr. Bloch seconded his motion. With everyone saying AYE, the motion carries with no objections. A motion was made by Mr. Werdmann to amend the Zoning Ordinance of the City of Hamilton, Ohio as mentioned previously recommended by the Community Development staff. If it comes about in the future, we may have to amend the ordinance again. The motion was seconded by Mr. Moeller. Mr. Bloch: YES Mr. Bowling: YES Mr. McAllister: YES Mr. Moeller: YES Mr. Samoviski: YES Mr. Werdmann: YES The motion carries. REPORTS 1. Mr. Wilson gave a Verbal Report on Architectural Design Review Board. Results of December 16, 14 Meeting 342 South B Street Painting/Repair (APPROVED) 212 South Front Street Signage (APPROVED) 305 South A Street - (TABLED for more information) Next meeting is tomorrow on January 6th 2. Mr. Creech gave a Verbal Report on Board of Zoning Appeals. Results of December 4, 14 Meeting Construct a pole barn with four (4) zoning variances for 1649 New London Road (APPROVED) Addition to an existing garage at 2007 Logan Avenue (APPROVED) Upcoming December 8, 14 Meeting Conditional Use for approval permission to have chicken(s) on their property located at 1575 Alberta Drive Conditional Use/ Variance Request located at 601Pyramid Hill Boulevard for automobile sales use (Formerly Scotty s) MISCELLANEOUS: 1. Amendment and Extension of Programmatic Agreement with State of Ohio Historic Preservation Office (SHPO) Mr. Scharf stated that any time that the city has to deal with any property which is 50 years or older it has to be submitted to the State of Ohio Historic Preservation Office to use the programmatic funds. In an essence, it allows us to send any of our projects directly. If we haven t heard back from them within 30 days, we can assume that they are approved and move forward. 9

37 A few years ago, it would normally take days to get reviews back on various simple projects like knocking homes down. This doesn t affect that they will still need any demolitions to go. It is something that they have a five (5) year programmatic amendment agreement for the State Historic Preservation office. The historic districts will be made aware of this amendment and will be brought up in a Public Meeting. It will become effective on January 31 st. 2. Informal Thanks Mr. Scharf stated that he would like to thank his staff including Pam Raines. She has been taking care of reporting on the CDBG/HOME Funds. She will be retiring at the end of November. ADJOURNED: With nothing further to discuss, the motion to adjourn the meeting was motioned and seconded. With everyone saying AYE, the motion carries. The meeting is adjourned. Respectfully submitted, Karen Mansdorfer Administrative Assistant Director Community Development/Designee Chairperson 10

38 WRITTEN SUMMARY PLANNING COMMISSION CITY OF HAMILTON, OHIO Council Chambers First Floor, 345 High Street Monday, March 16, :30 p.m. The Planning Commission met as a Committee of the Whole with Mr. Dale McAllister, Chairman presiding and the following members present: BOARD PRESENT: Mr. Belew, Mr. Bowling, Ms. Horsley, Mr. McAllister, Mr. Moeller & Mr. Werdmann for Mr. Smith BOARD ABSENT: Mr. Samoviski APPROVAL OF MEETING MINUTES WRITTEN SUMMARY AND AUDIO RECORDING FROM THE FOLLOWING DATES: 1. October 20, November 3, December 1, 2014 MOTION: A motion was made by Mr. Bowling to approve the meeting minutes listed above. The motion was seconded by Mr. Belew. Mr. Belew: YES Mr. Bowling: YES Ms. Horsley: YES Mr. McAllister: YES Mr. Moeller: YES Mr. Werdmann: YES The motion carries. SWEARING IN OF THOSE PROVIDING TESTIMONY: Approximately eight (8) of the audience member(s) were sworn in before the Planning Commission by Mr. Steven A. Tooman, a representative for the Law Director, Ms. Heather Sanderson Lewis. OLD BUSINESS: None NEW BUSINESS: PUBLIC HEARING AGENDA #1 STAFF: Mr. John Creech 1

39 Public Hearing to request to rezone 1173 St. Clair Avenue, from R-1 Single Family Residential District to R-O Multi-Family Residence/Office District, located in the City of Hamilton, Butler County, Ohio (Lynn Street, applicant) Mr. Creech presented the staff report as listed below. Introduction: Lynn Street has submitted an application and supporting material for the rezoning for his property at 1173 St. Clair Avenue. The property is currently zoned R-1 Single Family Residence. The applicant is proposing a zoning change from R-1 Single-Family Residence District to R-O Multi- Family Residence/Office District. The current use of the property is a music studio which was grandfathered. The current use of the property is non-conforming. The applicant has indicated that the rezoning request is to allow for an expansion of the non-conforming use i.e. existing music studio. The owner has provided a plot plan that shows the existing building footprint and the proposed addition onto the existing building for a studio/concert venue on the property if the request to rezone from R-1 to R-O is approved. Section states that No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this ordinance. Property owners within 500 feet of the subject properties were notified by mail of the public hearing. No objections to the proposal were noted prior to the drafting of this memo. PLAN/PROPOSAL REVIEW 1. Zoning - Two (2) parcels comprise property which is currently zoned R-1 -Single Family Residence. The applicant has indicated they wish to expand the existing nonconforming use which is not permitted under the current R-1 Zoning designation, but would be allowed in the proposed R-O Multi-Family Residence/Office District. The Planning Commission must hold a public hearing and review the rezoning application and forward a recommendation to City Council for final consideration. 2. Setbacks - The existing building located at 1173 St. Clair Avenue is also a nonconforming structure because it is has a front yard setback of 15 feet where the minimum front yard setback in the R-1 Single Family District is 30 feet. 3. Parking - If the rezoning is approved any future expansion uses will have to meet the parking requirements of the Hamilton Zoning Ordinance Section Current offstreet parking for the existing building is undefined. 4. Land Division - The subject property is currently comprised of two separate parcels. Should be rezoning be approved and the building addition proceed it may be necessary to combine the two parcels into a single parcel for building permit purposes. 5. Landscaping - If the rezoning is approved any future expansion uses will have to meet the landscaping requirements of the Hamilton Zoning ordinance section Lighting - There is no proposed exterior lighting. 7. Interdepartmental Review - There are no current plans to review as part of this process. Should building expansion plans be submitted for this site in the future they would be required to be reviewed and approved by the City of Hamilton Interdepartmental review and would have to adhere to the Architectural, Landscaping, Design Building and Site Development Regulations, Section of the Hamilton Zoning Ordinance. 2

40 8. Other - Public Hearing notices were mailed to property owners within 500 feet of the subject property. PLAN/PROPOSAL ANALYSIS Zoning-The property located at 1173 St. Clair is currently zoned R-1 Single Family Residence District and has always been zoned single-family residential. According to city records, the property was annexed into the City of Hamilton before At the time it was annexed the property was being used as a grocery store, and subsequently zoned singlefamily residential. The site received a permit to build a 12 by 36 addition to the grocery store on May 5, On September 15, 1955, the site was later denied for two additional requested additions that were built without permission from the board or required building permits. There was also a request for information to open a Laundromat on the site in August 1960, which City staff responded to with the only possibility being the conversion from one nonconforming use to another, but that no expansion would be allowed. There was also a complaint in August of 1986 that an addition was being constructed on the property without permission. No additional information exists on the non-conforming use of the subject property. Currently, the area where surrounding 1173 St. Clair Avenue is zoned R-1 Single Family Residential and contains detached single-family dwellings. The applicant is requesting to rezone the subject property to R-O in the middle of an R-1 single-family residential zoned area which could be construed as spot zoning. Spot Zoning involves a clear departure from a community s zoning ordinance. Common zoning and planning practice defines spot zoning as the singling out of a lot or small area for discriminatory or different treatment from that accorded surrounding land which is similar in character. Spot Zoning generally involves the rezoning of a single parcel or small area in a manner different that the surrounding parcels. The spot zoning could be discriminatory or unreasonable as compared to the surrounding parcels or it could provide an advantage or benefit not afforded to the surrounding parcels. Building-The building is pre-existing and there are no proposed changes as part of this rezoning application. However, the applicant has indicated that if the rezoning is approved the intent is to expand the existing building. Any future building expansion must adhere to the Architectural, Landscaping, Design Building and Site Development Regulations, Section of the Hamilton Zoning Ordinance. Parking/Access-Existing parking for the building is undefined and there is no proposed additional parking on the property at this time. Landscaping/Screening-There are no proposed changes in landscaping on the property as part of this rezoning application. However, the applicant has indicated that if the rezoning is approved the intent is to expand the existing building. Any future building expansion would trigger adherence to the Architectural, Landscaping, Design Building and Site Development Regulations, Section of the Hamilton Zoning Ordinance. Lighting-There are no proposed changes in lighting on the property. Signage-There is no proposed signage on the property. If the rezoning is approved any future permitted uses will have to meet the signage requirements of the Hamilton Zoning ordinance section RECOMMENDATION: 3