CITY OF HUBER HEIGHTS STATE OF OHIO. City Council Work Session

Transcription

1 CITY OF HUBER HEIGHTS STATE OF OHIO City Council Work Session July 17, :00 P.M. City Hall 6131 Taylorsville Road Council Chambers 1. Call Meeting To Order/Roll Call: 2. Approval of Minutes: A. July 2, Work Session Topics of Discussion: A. City Manager Report B. Purchase of In Car Video Systems - Police Division C. Supplemental Appropriations D. Chambersburg Road Improvement Project - Phase IV - Grant Agreement E. Sanitary Sewer Lining Project F. Water Rate Study G. City Dog Park H. Water Line Assessments - Special Tap In Districts - Policy/Mark Avenue Project I. Mobile Food Vehicles J. Brandt Pike Revitalization Overlay

2 K. Proposed Amendment - Huber Heights Codified Ordinances - Operation of Golf Carts In City 4. Adjournment:

3 AI-5808 Topics of Discussion B. Council Work Session Meeting Date: 07/17/2018 Purchase of In Car Video Systems - Police Division Submitted By: Tom Milligan Department: Police Division: Police Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: Yes Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Purchase of In Car Video Systems - Police Division Purpose and Background The current car video systems are over 12 years old and have become antiquated and no longer serviceable. Over half of the current units have failed in the last 18 months. The purpose is to replace the current equipment with new cutting edge technology that will serve to provide a more efficient method to collect and store video evidence from patrol cars. This proposal will replace all of the units and will be warranted for the next 5 years. Watchguard will also be the platform for any future developments or enhancements to additional cameras whether in the cruiser or on the officer. The quotes for the equipment and installation (by K.E. Rose) total $172,435. The Finance Department has determined that the best method to finance the cameras is through a capital lease. Bids for financing were solicited from banks and financing companies and the lowest and best bid was from US Bank. The first payment of $36,530 is due in December, 2018 and semi-annual payments of $18, begin in June, 2019 for 4 years. The capital lease proposal assumes a 7/30/18 closing/funding date. If it is not approved by that date, then the financing is likely to be higher. An increase to the budget will be necessary before December as the current budget estimate was for $25,000 in Payments to the vendors will be made directly from an escrow account set up by US Bank. The capital lease documents are being prepared by US Bank representatives and will be reviewed by the Law Director and included in the meeting packet for the July 23, 2018 City Council Meeting. Due to the financing proposal assuming a closing date of 7/30/18, City Staff requests that City Council approve the purchase of the cameras and approve separate legislation for the capital lease from US Bank at the July 23, 2018 City Council Meeting. Fiscal Impact Source of Funds: Police Division Budget Cost: $172,435 Recurring Cost? (Yes/No): Yes Funds Available in Current Budget? (Yes/No): Yes Financial Implications: This is the total cost for the purchase and installation of the equipment over five years. Quotes Resolution Attachments

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8 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF IN CAR VIDEO RECORDING SYSTEMS FOR USE BY THE POLICE DIVISION THROUGH VENDOR WATCHGUARD AT A COST NOT TO EXCEED $158,635 AND INSTALLATION OF EQUIPMENT THROUGH VENDOR K.E. ROSE AT A COST NOT TO EXCEED $13,800. WHEREAS, there is an ongoing need to replace our in car video systems for use by the Police Division of the City of Huber Heights in order to provide continued service to the citizens; and WHEREAS, purchases greater than $25,000 require authorization by the City Council; and WHEREAS, the current system is no longer serviceable and Watchguard offers a more efficient method to collect and store video and the needed technology for future upgrades or system enhancements at GSA pricing. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The City Manager is hereby authorized to contract for the purchase of in car video systems by the Police Division at a cost not to exceed a total of $172,435 through Watchguard for the purchase of equipment at a cost not to exceed $158,635 and for the installation of the equipment through K.E. Rose at a cost not to exceed $13,800. Section 2. Consistent with the provisions of the City Charter and the Huber Heights Codified Ordinances, the competitive bidding requirements are hereby waived. Section 3. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2018; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

9 AI-5805 Topics of Discussion D. Council Work Session Meeting Date: 07/17/2018 Chambersburg Road Improvement Project - Phase IV - Grant Agreement Submitted By: Hanane Eisentraut Department: Engineering Division: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Chambersburg Road Improvement Project - Phase IV - Grant Agreement Purpose and Background This legislation will authorize the City Manager to execute and enter into a grant agreement with the Ohio Department of Transportation for the MOT Chambersburg Road Improvement Project - Phase IV. The work includes widening the roadway from two to three lanes, extending water main and storm sewers, adjusting the vertical alignment, installing 8-foot sidewalk only on the north side of the street, and installing curb and handicap ramps. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Resolution Attachments

10 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION FOR THE RENDERING OF FINANCIAL ASSISTANCE FOR COSTS ASSOCIATED WITH THE COMPLETION OF THE MOT CHAMBERSBURG ROAD IMPROVEMENT PHASE IV PROJECT WITHIN CITY OF HUBER HEIGHTS, OHIO. The following is a Resolution enacted by the City of Huber Heights, hereinafter referred to as the Local Public Agency (LPA), in the matter of the stated described project: MOT Chambersburg Road Improvement Phase IV Project. The work includes widening the roadway from two to three lanes, extending water main and storm sewers, adjusting the vertical alignment, installing 8-foot sidewalk only on the north side of the street, installing curb and handicap ramps. WHEREAS, the United States Congress has set aside monies for Transportation projects through the State of Ohio, Department of Transportation; and WHEREAS, LPAs can apply for these monies and be selected for funding by the State of Ohio, Department of Transportation; and WHEREAS, the MOT Chambersburg Road Improvement Phase IV project is a transportation activity eligible to receive federal/state funding; and WHEREAS, the City of Huber Heights has received funding approval for the project listed above from the Program Manager having responsibility for the federal/state funds involved; and WHEREAS, it is the mutual desire of both the Ohio Department of Transportation and the City of Huber Heights to have the City of Huber Heights serve as the responsible lead agency for the administration of the project; and WHEREAS, the City of Huber Heights shall be responsible for at least thirty- five (35%) percent of the construction costs, and for 100% of all other costs associated with architecture/engineering plans, environmental studies and documentation, right-of-way plans, and right-of-way acquisition, if necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio, that: Section 1. The City Manager of the City of Huber Heights, as the Local Public Authority (LPA), is hereby authorized on behalf of the LPA to prepare and execute an application for transportation funds for the stated described project and to submit same to the State of Ohio, Department of Transportation. Section 2. The total cost of the project is estimated to be $1,837,585.00, of which the LPA, if awarded funds, commits to pay at least thirty-five (35%) percent (hereinafter known as the local portion) of the actual construction cost, estimated to be $682, The local portion shall be funded by the LPA using Permissive Tax money and City utilities money. The LPA further agrees to pay One Hundred Percent (100% of the construction cost over and above the maximum amount provided by the State of Ohio, Department of Transportation and for all costs associated with design, environmental studies and right-ofway activities. Section 3. Upon completion of the described Project, and unless otherwise agreed, the LPA shall (1) provide adequate maintenance for the described Project in accordance with all applicable state and federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the described Project; (3) if necessary, maintain the right-of-way, keeping it free of obstruction; and (4) if necessary, hold said right-of-way inviolate for public highway purposes. Section 4. If the application is approved for funding, the City Manager is authorized on behalf of the LPA, to enter into a contract with the Director of the Ohio Department of Transportation necessary to complete the above described project.

11 Section 5. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of Ohio Revised Code. Section 6. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights Passed by Council on the day of, 2018; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

12 AI-5820 Topics of Discussion E. Council Work Session Meeting Date: 07/17/2018 Sanitary Sewer Lining Project Submitted By: Hanane Eisentraut Department: Engineering Division: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Sanitary Sewer Lining Project Purpose and Background This legislation will allow the soliciting, advertising and receiving of bids for the rehabilitation and lining of sewer lines. Lining the sanitary sewer lines will be performed as a corrective action to eliminate ground water infiltration, improve the flow capacity, increase the strength of the pipes, and reduce sewage treatment costs. Tri-City I&I Funds will be utilized to construct this project at a cost not to exceed $325,000. Fiscal Impact Source of Funds: Tri-Cities I&I Funds Cost: $325,000 Recurring Cost? (Yes/No): Yes Funds Available in Current Budget? (Yes/No): No Financial Implications: Resolution Attachments

13 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- AUTHORIZING THE CITY MANAGER TO SOLICIT, ADVERTISE AND RECEIVE BIDS FROM QUALIFIED FIRMS FOR THE CONSTRUCTION AND REHABILITATION OF SEWER LINES. WHEREAS, City Council has determined that there is a need to improve the sanitary sewer system by eliminating the inflow and infiltration; and WHEREAS, City Staff have identified sanitary sewer lines within the City which are in urgent need of rehab; and WHEREAS, Tri-Cities I&I funds are available to cover the cost of this work. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The City Manager is hereby authorized to solicit, advertise and receive responses from qualified firms for the construction and rehabilitation of sewer lines project at a cost not to exceed $325, Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2018; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Date Mayor Date

14 AI-5821 Topics of Discussion F. Council Work Session Meeting Date: 07/17/2018 Water Rate Study Submitted By: Department: Scott Falkowski Planning Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: SmartBoard Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Water Rate Study Purpose and Background As previously discussed, with the addition of the North Water Pressure Increase Project and the Water Softening Project, the City's water rates are being looked at. Attached are background documents from the water rate study program for discussion. City Staff will provide a presentation at the Council Work Session with additional information. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Water Rate Study Documents Attachments

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27 AI-5823 Topics of Discussion G. Council Work Session Meeting Date: 07/17/2018 City Dog Park Submitted By: Department: Scott Falkowski Planning Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title City Dog Park Purpose and Background The City Dog Park Committee recommended a new dog park to be placed at Menlo Park. The next step in the process is to set the budget and move forward with contracts for individual parts of construction. City Staff are able to perform some of the construction. Attached are the Resolution, budget and plan. The budget includes which items City Staff will install and which will be by contractor. Fiscal Impact Source of Funds: Parks and Recreation Budget Cost: $140,000 Recurring Cost? (Yes/No): No Funds Available in Current Budget? (Yes/No): Yes Financial Implications: City Dog Park Plan Resolution Exhibit A Attachments

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29 CITY OF HUBER HEIGHTS STATE OF OHIO ORDINANCE NO R- GENERALLY APPROVING THE ADDITION OF A NEW AMENITY TO THE CITY S PARKS AND RECREATION FACILITIES BY CONSTRUCTING A NEW DOG PARK TO BE LOCATED AT MENLO PARK ON HARSHMANVILLE ROAD TO INCLUDE AMONG OTHER THINGS, FENCING, PATHWAYS, BENCHES, SIGNAGE AND OTHER NECESSARY APPURTENANCES, ALL AT A COST NOT TO EXCEED AMOUNT OF $140,000. WHEREAS, City Council authorized creation of a City Dog Park Committee, and WHEREAS, the City Dog Park Committee recommended the creation of a dog park at Menlo Park; and WHEREAS, this City Council has determined that the proposed dog park would be a valuable asset to the City and its parks and recreation facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. Council finds that the design and construction of the new dog park facility would be a valid public purpose and authorizes the City Manager to work with City Staff and the City s advisors to take appropriate steps to pursue and continue the design and construction of the new dog park facility and approves the budget and expenditure of money for such purpose at a not to exceed cost of $140,000 as attached in Exhibit A. Section 2. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 3. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2018; Yeas; Nays. AUTHENTICATION: Clerk of Council Date Mayor Date CERTIFICATE The undersigned, Clerk of Council of the City of Huber Heights, Ohio, hereby certifies that the foregoing is a true and correct copy of Ordinance No O- passed by the City Council of Huber Heights, on, Clerk of Council

30 EXHIBIT A BUDGET FOR CONSTRUCTION DOG PARK MENLO PARK Est. Unit Item Description Quantity Unit Price Total Installed By BASE BID 1 6' Black Chain Link Fencing 2,432 L.F. $15.00 $36, Fence Contractor 2 4' Access Gates 9 EACH $ $2, Fence Contractor 3 8' Maintenance Gates 3 EACH $ $2, Fence Contractor 4 4' Paved Walkway, incl base 2908 L.F. $7.25 $21, General Contractor 5 #4 Rock Fence Base 3" X 24" 2492 L.F. $2.00 $4, City 6 Shade Trees 10 EACH $ $2, City 7 Dog Waste Stations 8 EACH $ $2, City 8 Benches 11 EACH $1, $13, City 9 "Sail" Shade Structures 6 EACH $2, $12, City 10 Ground Sign 1 EACH $3, $3, City 11 Rules Signage 3 EACH $50.00 $ City Head drinking Fountain 1 EACH $2, $2, General Contractor 13 Spray Mist Fire Hydrants 3 EACH $1, $3, General Contractor 14 Water service line 200 L.F. $40.00 $8, General Contractor 15 Earthwork 1 EACH $10, $10, Combination 16 Contingency 10% $123, $12, Total Estimated Construction Cost $136,286.70

31 AI-5824 Topics of Discussion H. Council Work Session Meeting Date: 07/17/2018 Water Line Assessments - Special Tap In Districts - Policy/Mark Avenue Project Department: Engineering Council Committee Review?: Council Work Session Date(s) of Committee Review: 03/20/2018 and 05/08/2018 and 06/19/2018 and 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Water Line Assessments - Special Tap In Districts - Policy/Mark Avenue Project Purpose and Background This legislation creates a special tap-in district to provide water to existing un-serviced residential properties on Mark Avenue. A redlined version of the legislation has been provided by the Law Director to illustrate the revisions that were made to the legislation based on the discussion at the June 19, 2018 Council Work Session (see attached). This legislation had a first reading at the July 9, 2018 City Council Meeting and is scheduled for a second reading at the July 23, 2018 City Council Meeting. The Law Director, at the request of City Council, has attached a proposed special assessment policy for extensions for consideration and discussion at the Council Work Session. It has been revised since the policy that was sent to Council in April of this year given some of the concerns and issues that arose in related matters. The Law Director is not necessarily advocating for this policy as written; it is designed to present the issues and potential points to consider. At the end of the proposed policy is another document setting forth the current options available to the City when dealing with tap ins. This information has been provides simply as a point of reference. For the most part, the City currently has the ability to set up special districts. The proposed policy document is designed to serve as guidance in making decisions on whether or not to create a requested district. It's purpose is to bring some objectivity to an otherwise arguably subjective decision; to provide the City with a framework to determine whether or not to authorize a new district without being arbitrary. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Map Resolution - Redlined Resolution Water and Sewer Line Extension Draft Policy Attachments

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33 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- CREATING A SPECIAL TAP IN DISTRICT FOR THE PROVISION OF WATER TO CERTAIN EXISTING UN-SERVICED RESIDENTIAL PROPERTIES. WHEREAS, under Huber Heights Codified Ordinance Section , when water is extended to properties under a process involving special assessments, all properties receiving benefit by the extension are to be assessed; and WHEREAS, special assessment charges are typically comprised of a front footage assessment as determined by the City Engineer and calculated by multiplying the benefitting front footage by a fixed assessment rate; and WHEREAS, assessment rates are adopted by ordinance of the City Council with front footage assessment rates established such that benefitting property owners pay the cost of the water main installation, less the City-at-large paying for two percent (2%) plus the cost of intersections, any required oversizing and corner lot credits; and WHEREAS, at the recommendation of the City Manager and subject to the approval of the City Council, a special "tap-in" district may be established to facilitate the extension of water lines to selected presently un-serviced areas of the community; and WHEREAS, the policies for any such special tap-in district must be established at the time the district is created; and WHEREAS, the typical method of assessing properties do not apply to a special "tap -in" district; and WHEREAS, the creation of tap-in districts is consistent with a desire amongst Councilmembers to extend water/sewer to property owners in existing structures that are not currently served; and WHEREAS, the City Manager has recommended that City Council consider a special tap in district for the properties listed herein to be known as the Mark Avenue Special Tap In District; and WHEREAS, Council finds that the request for the Mark Avenue Special Tap In District is for water only; is relatively close to an existing water main; is being requested by more than one property owner in the area; will service up to three properties, will provide easier access to future water extensions for public property located at the end of Mark Avenue; that no future road or CIP projects are planned in the near future for this area; the cost to obtain service under conventional means for the un-serviced homes on Mark Avenue to would result in a per lineal foot assessment in excess of the highest rate charged per linear foot by the City; and that the property owners would not otherwise qualify for deferral or assessment; WHEREAS, No Property Owner shall be eligible for an assessment pursuant to a Special Tap in District if the total of all combined assessment within a period of five years for the Affected Property Owner will be in excess of 33 1/3% of the actual value of such property. WHEREAS, City Council finds that the creation of the proposed tap in district and the policies associated therewith, protect the health, safety, and welfare of the citizens of Huber Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:

34 Section 1. Council hereby creates a special tap in district to be known as the Mark Avenue Tap In District which shall consist of the following properties within the City of Huber Heights: P Mark Avenue Eve Louise Navarro P Mark Avenue Steven M. Zbinden P Mark Avenue Branch Banking & Trust Company Said properties being located Mark Avenue, East of Robindale Street, Huber Heights. Section 2. Council has determined that the total cost to provide public water service by means of installing a new 8 water main as an extension of an existing water main on Mark Avenue to the above properties is $40, based on the lowest and best bid from T.C. Holzen which bid, and for the reasons set forth in the recitals above which are incorporated herein by this reference, Council has determined that the following policies shall apply to the Mark Avenue Tap In District. a) The cost to be assessed to each of the three-listed property owner for the Mark Avenue Special District shall be $5,000 with the City paying the remaining amount for the water main extension. b) The cost to each of said property owners shall be paid in full or assessed upon completion of the water main extension or assessed. In the case of an assessment the owners and their successors agree to assume the annual assessment for the water main installation and having the payment applied directly to their property tax bills for a twenty-year period including all City and County administrative and collection costs. c) The City will fund and prepare plans to extend public water and sanitary sewer utility services within 6 months of the establishment of the District. d) The City shall determine the final alignment and location of all requested utility extensions. The City shall not be obligated to replace landscaping, irrigation systems, or any other privately-owned obstructions within the existing right-of-way or utility easement at the time of the construction; the City shall not be obligated to compensate property owners for the removal of such obstructions. e) Within days of receipt of notice that the water main has been constructed the property owners shall connect to the main. If at the time of awarding the contract for installing a new 8 water main as an extension of an existing water main on Mark Avenue the cost is higher than $40,212.00, the City reserves the right to terminate the special tap in district. f) Property owners shall be responsible for all pipes, labor, current tap fee unless waived or otherwise adjusted under this policy, and other appurtenances that may be necessary to properly connect its dwelling unit to the public water and/or sanitary sewer system and any modifications to existing interior plumbing necessary to connect to the public utility lines. All connections to the public systems must be made in accordance with City Code. g) Property owners shall establish accounts with the City water utility and shall thereafter be billed at the same rate and times as other City water users.

35 Section 3. Within 30 days from the effective date of this Resolution creating the Mark Avenue Special Tap In District, at least 60% of the property owners in the Mark Avenue Special Tap In District shall petition the City for extension of water services pursuant to the policies of the Mark Avenue Special Tap In District set forth in Section 2 above. If such petition is not timely filed, the City reserves the right to terminate the special tap in district. Section 4. City Council reserves the right, without setting precedence, to extend public utility services for the public health, safety and welfare of residents or the community at large by the means it deems necessary. Nothing in the creation of this Special Tap In District shall be deemed to abridge the authority and powers granted by law to the City and/or its City Council. Section 5. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 6. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2018; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

36 CITY OF HUBER HEIGHTS STATE OF OHIO RESOLUTION NO R- CREATING A SPECIAL TAP IN DISTRICT FOR THE PROVISION OF WATER TO CERTAIN EXISTING UN-SERVICED RESIDENTIAL PROPERTIES. WHEREAS, under Huber Heights Codified Ordinance Section , when water is extended to properties under a process involving special assessments, all properties receiving benefit by the extension are to be assessed; and WHEREAS, special assessment charges are typically comprised of a front footage assessment as determined by the City Engineer and calculated by multiplying the benefitting front footage by a fixed assessment rate; and WHEREAS, assessment rates are adopted by ordinance of the City Council with front footage assessment rates established such that benefitting property owners pay the cost of the water main installation, less the City-at-large paying for two percent (2%) plus the cost of intersections, any required oversizing and corner lot credits; and WHEREAS, at the recommendation of the City Manager and subject to the approval of the City Council, a special "tap-in" district may be established to facilitate the extension of water lines to selected presently un-serviced areas of the community; and WHEREAS, the policies for any such special tap-in district must be established at the time the district is created; and WHEREAS, the typical method of assessing properties do not apply to a special "tap -in" district; and WHEREAS, the creation of tap-in districts is consistent with a desire amongst Councilmembers to extend water/sewer to property owners in existing structures that are not currently served; and WHEREAS, the City Manager has recommended that City Council consider a special tap in district for the properties listed herein to be known as the Mark Avenue Special Tap In District; and WHEREAS, Council finds that the request for the Mark Avenue Special Tap In District is for water only; is relatively close to an existing water main; is being requested by more than one property owner in the area; will service up to three properties, will provide easier access to future water extensions for public property located at the end of Mark Avenue; that no future road or CIP projects are planned in the near future for this area; the cost to obtain service under conventional means for the un-serviced homes on Mark Avenue to would result in a per lineal foot assessment in excess of the highest rate charged per linear foot by the City; and that the property owners would not otherwise qualify for deferral or assessment; WHEREAS, No Property Owner shall be eligible for an assessment pursuant to a Special Tap in District if the total of all combined assessment within a period of five years for the Affected Property Owner will be in excess of 33 1/3% of the actual value of such property. WHEREAS, City Council finds that the creation of the proposed tap in district and the policies associated therewith, protect the health, safety, and welfare of the citizens of Huber Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:

37 Section 1. Council hereby creates a special tap in district to be known as the Mark Avenue Tap In District which shall consist of the following properties within the City of Huber Heights: P Mark Avenue Eve Louise Navarro P Mark Avenue Steven M. Zbinden P Mark Avenue Branch Banking & Trust Company Said properties being located Mark Avenue, East of Robindale Street, Huber Heights. Section 2. Council has determined that the total cost to provide public water service by means of installing a new 8 water main as an extension of an existing water main on Mark Avenue to the above properties is $40, based on the lowest and best bid from T.C. Holzen which bid, and for the reasons set forth in the recitals above which are incorporated herein by this reference, Council has determined that the following policies shall apply to the Mark Avenue Tap In District. a) The cost to be assessed to each of the three-listed property owner for the Mark Avenue Special District shall be $5,000 with the City paying the remaining amount for the water main extension. b) The cost to each of said property owners shall be paid in full or assessed upon completion of the water main extension. In the case of an assessment the owners and their successors agree to assume the annual assessment for the water main installation and having the payment applied directly to their property tax bills for a twenty-year period including all City and County administrative and collection costs. c) The City will fund and prepare plans to extend public water services within 6 months of the establishment of the District. d) The City shall determine the final alignment and location of all requested utility extensions. The City shall not be obligated to replace landscaping, irrigation systems, or any other privately-owned obstructions within the existing right-of-way or utility easement at the time of the construction; the City shall not be obligated to compensate property owners for the removal of such obstructions. e) If at the time of awarding the contract for installing a new 8 water main as an extension of an existing water main on Mark Avenue the cost is higher than $40,212.00, the City reserves the right to terminate the special tap in district. f) Property owners shall be responsible for all pipes, labor, current tap fee unless waived or otherwise adjusted under this policy, and other appurtenances that may be necessary to properly connect its dwelling unit to the public water system and any modifications to existing interior plumbing necessary to connect to the public utility lines. All connections to the public systems must be made in accordance with City Code. g) Property owners shall establish accounts with the City water utility and shall thereafter be billed at the same rate and times as other City water users. Section 3. Within 30 days from the effective date of this Resolution creating the Mark Avenue Special Tap In District, at least 60% of the property owners in the Mark Avenue Special Tap In District shall petition the City for extension of water services

38 pursuant to the policies of the Mark Avenue Special Tap In District set forth in Section 2 above. If such petition is not timely filed, the City reserves the right to terminate the special tap in district. Section 4. City Council reserves the right, without setting precedence, to extend public utility services for the public health, safety and welfare of residents or the community at large by the means it deems necessary. Nothing in the creation of this Special Tap In District shall be deemed to abridge the authority and powers granted by law to the City and/or its City Council. Section 5. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section of the Ohio Revised Code. Section 6. This Resolution shall go into effect upon its passage as provided by law and the Charter of the City of Huber Heights. Passed by Council on the day of, 2018; Yeas; Nays. Effective Date: AUTHENTICATION: Clerk of Council Mayor Date Date

39 PROPOSED WATER AND/OR SEWER EXTENSION POLICY FOR EXISTING UN-SERVICED RESIDENTIAL PROPERTIES I. PURPOSE. Council finds that it is a valid public purpose and in the best interest of the City and necessary for the health safety and welfare of all citizen in Huber Heights, to have an equitable and uniform policy to extend water/sewer to property owners in existing structures that are not currently served; to help residents obtain reasonable access to safe drinking water; help residents obtain reasonable sanitary sewer options; minimize the potential threat to public health and welfare that may be associated with private household sewage treatment systems; and to otherwise protect the health, safety, and welfare of the citizens of Huber Heights. II. DEFINITIONS. Affected Property Owner(s): means the owner(s) of an Existing Residential Structure in the City of Huber Heights that is not receiving municipal water and/or sewer. Existing Residential Structure: means a 1, 2 or 3 family residences built prior to January 1, 20 that is being serviced with water through a private well and/or handles its sanitary sewer through a private household sewage treatment system. Extension Area: means the area proposed to be serviced by the extension of water and/or sewer hereunder. Project: means the undertaking of extending public water and sanitary sewer utility services into the Extension Area. III EXTENSION CONSIDERATIONS When an Affected Property Owner requests municipal water and/or sewer connection, the City Manager or his designee shall review the request to see what options may be available for the Affected Property Owner. In the event the Affected Property Owner desires to connect to municipal services through this policy, the City Manager shall cause a memo identifying the items in this section to be prepared and pursuant to section of the City Code, shall request Council create a Special Tap in District. a. Location of nearest tap-in line. If the nearest tap in line is more than feet, this policy shall generally not apply and extension may only be extended pursuant to other provisions within City s codified ordinances. b. Location of other unserved neighbors. The location of other un-serviced properties in the area and whether additional tap-ins are possible and if other property owners are willing to tap in. c. Health and safety. Any environmental or public heath issues; such as avoiding contamination of groundwater. d. Future Development Potential. Proximity to areas within the City where future development can occur and, as a result, will require the extension of public water and/or sanitary sewer utility lines, and if the City expects the future development to extend the lines. e. Closing Gaps. The feasibility of extending the water main or sewer main along the road, street or public right of way upon which the property to be served by the water service fronts to close any 1

40 gap or space between the location of the existing water main and any portion of the frontage of the property to be served by the water service pursuant to section of the City Code; f. Compliance with Standards. The degree to which the standards set forth in section of the City Code can be met. g. Potential to Leverage a Planned Transportation or Utility CIP Project. Proximity to areas within the City where there are planned transportation or utility CIP project such that efficiencies could be realized to extend the public water and/or sanitary sewer lines as a part of that CIP project, and if the City should coordinate the timing of such utility extension with those CIP projects. h. Cost Effectiveness. Whether there are other remedies to repair or otherwise extend the life of the Affected Property Owner s on-site sewer system and/or private domestic water source system, or to replace said system, as a more cost effective means than extending public utilities. i. Cost Estimate. A Cost estimate from the City Engineer as to potential cost to extend the water and/or sewer to and within the Extension Area in total and on a per foot basis. The City Engineer shall also identify if any easements would be required for placement of lines. If the estimate cost of a Project exceeds $ City Council may reject the request. j. Assistance Program. Review the feasibility of the City establishing a program to assist the Affected Property Owners with utility extensions as an alternative to assessments, where the City would acquire a mortgage on the property for the value of the improvement, rather than an annual assessment on taxes. k. Other Factors. Whether there are any other factors, issues, or considerations that may impact the environment, public health, or public utility systems. IV. shall: CITY COUNCIL CONSIDERATIONS. After receipt of the request for a Special Tap in District, Council a. Determine if the cost can be paid through regular assessment process (such as based on front footage) with Council granting a deferral or waiver pursuant to the criteria for granting a deferment or waiver in Exhibit A of Chapter 175. b. Determine if a Special Tap-In District should be established for the Affected Property Owner by weighing the factors in section III of this Policy. V. SPECIAL TAP IN DISTRICT POLICY. If Council determines that a Special Tap in District is warranted under the facts and circumstances after weighing the items in Section III of this Policy, Council shall determine a proposed rate structure for the assessment for that District based on the following factors. a. It is the intent that no Affected Property Owner that qualifies under this policy for a Special Tap in District should pay more than the highest assessment charged by the City for water and sewer within the previous 20 years. b. When considering the cost to the Affected Property Owners, Council may; 1. Consider extending the special assessment pay period up to 30 years so that the annual assessment may be lowered. 2. Consider lowering or waiving interest amounts during the life of the assessment period. 3. Apply and applicable tap in fee meter fees or other amounts typically payable by a consumer of such utilities to be applied immediately towards the payment of the total assessment amount that would be due. 2

41 VI LEGISLATION. If Council determines that a Special Tap in District is warranted it may pass a Resolution creating the Special Tap in District setting forth all applicable terms and conditions. The resolution shall provide that within 30 days of the effective date of the Resolution, at least 60% of the Affected Property Owners in the Extension Area must petition the City for the extension. The Petition shall provide a statement confirming that the assessment (if any) shall constitute a lien on the property and may be collected with applicable costs, in the same manner as taxes. VII REQUIREMENTS OF SERVICES UNDER THIS POLICY a. The City will oversee the Project and pay for and cause to be prepared the plans and obtain a contractor as provided by law for an approved Project. The timing and funding for the Project will be determined by City Council. b. The City shall determine the final alignment and location of all requested utility extensions. c. The City shall not be obligated to replace landscaping, irrigation systems, or any other privately owned obstructions within the existing right-of-way or utility easement at the time of the construction; the City shall not be obligated to compensate property owners for the removal of such obstructions. d. Affected Property Owners shall provide any and all necessary easements for all lines installed under this Policy. e. Once the construction of the Project is complete, the Affected Property Owners are required to connect to the public utilities with the cost for each Affected Property Owner to be paid in full or assessed upon completion of Project and receipt of the bill from the City. f. If at the time of awarding a contract for the Project the cost is higher than the initial estimate, Council reserves the right to terminate the Project and the special tap in district. g. Affected Property Owners shall be responsible for all pipes, labor, current tap fee unless waived or otherwise adjusted under this policy, and other appurtenances that may be necessary to properly connect its dwelling unit to the public water and/or sanitary sewer system and any modifications to existing interior plumbing necessary to connect to the public utility lines. All connections to the public systems must be made in accordance with City Code. h. No Affected Property Owner shall be eligible for an assessment pursuant to a Special Tap in District if the total of all combined assessment within a period of five years for the Affected Property Owner will be in excess of 33 1/3% of the actual value of such property. i. City Council reserves the right, without setting precedence, to extend public utility services for the public health, safety and welfare of residents or the community at large by the means it deems necessary. Nothing in this Policy shall be deemed to abridge the authority and powers granted by law to the City and/or its City Council. 3

42 Current Options Available in Huber Heights Code Regarding Water and Sewer Connections. 1. Regular assessment process. (HH Code ) All properties receiving benefit are charged. Special assessment charge is comprised of a front footage assessment as determined by the City Engineer for each project. The front footage assessment is calculated by multiplying the benefitting front footage by a fixed assessment rate. There are Special reductions for corner lots. Council adopts the assessment rates by ordinance. City pays a City-at-large portion of 2% plus the cost of intersections, oversizing and corner lot credits. Assessments are paid back over the period specified in the authorizing Resolution of Necessity. Each year a level assessment payment (including interest accrued on the unpaid balance) is to be paid At the recommendation of the City Manager and subject to the approval of the City Council, a special "tapin" district may be established to facilitate the extension of water and/or sanitary sewer lines to selected presently un-serviced areas of the community. The policies for that district are to be established at the time the district is created. The provisions of the regular special assessment provisions need not apply to the special "tap-in" districts. 2. Ability to seek deferment and waivers under regular assessment process (HH Code ) Any property owner may apply to the City Council for either a deferment (full amount is required to be paid but not until a later time) or waiver (City pays some or all of the assessment amount rather than the property owner). Council may defer or waive part or all of the assessment Exhibit A to Chapter 175 sets forth the criteria City Council must use in determining whether or not to grant a deferment or waiver. 3. Creation of a Special Tap-In District Under section (sewer) and (water) Council may designate areas within the service area of the City's water and/or sanitary sewer system as special districts. The regulations, rates and fees applicable to all customers of the sanitary sewer system as set out in the Codified Ordinances of the City or as are adopted by the City Manager from time to time, shall apply to the sewer districts created by Council unless Council provides otherwise. Council has created the following special districts: Northwest Sewer District (925.02); Brandon Estates Sewer District (925.03): Miami Villa Sewerage District (925.04); Lower Rip Rap Road Sewer District (925.05); Northwest Water Tap-In District (931.02); Huber East Water Tap-In District (931.03); Fishburg Road/Aaron Lane Water Tap-In District (931.04); Fishburg Road Tap-In District (931.05). (The proposed Mark Ave project would qualify as being done pursuant to Chapter 931) 4. Alternate Assessment Procedures HH Code In Ordinance City Council adopted an Alternative Assessment Policy for property owners that are either paying the City directly pursuant to previously approved agreement (typically under the terms of a special tap in district) or will be required to pay a certain amount under the terms of a special tap in district upon tap in whereby the total amount due can be assessed over time and collected as taxes. This has limited applicability as it only applies to persons that currently have water/sewer available at their property line. 4

43 5. Other Options Under HH Code the City is not required to use special assessments for water and sewer connections. It is free to develop other payment options. Further under City Council where the property owners agree to pay 100% of the costs of the proposed improvement. 5

44 AI-5819 Topics of Discussion I. Council Work Session Meeting Date: 07/17/2018 Mobile Food Vehicles Submitted By: Department: Scott Falkowski Planning Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/02/2018 and 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Mobile Food Vehicles Purpose and Background City Staff had been asked to provide a proposed Zoning Code for mobile food vehicles. The attached proposed Code is the first step in the process of updating the City's Zoning Ordinance. If Council would like to move forward, a public hearing will be scheduled with the City's Planning Commission and then forwarded with a recommendation to City Council. This Code would set up a permitting process, regulations, and fees for mobile food vehicles to be able to operate on Commercial or Industrial zoned land. The document has been updated to include concerns from City Council that were discussed at the July 2, 2018 Council Work Session. Mobile food vehicles do not affect property taxes where the vehicles set up. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Attachments Proposed Code - Mobile Food Vehicles - Highlighted Proposed Code - Mobile Food Vehicles Fee Comparison - Other Municipalities

45 MOBILE FOOD VEHICLES DEFINITIONS Event Holder means a person, group or organization responsible for the hosting or operation of a Permitted Event. Food shall mean a raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use of for sale in whole or in part for human consumption. Food Service Operation means, for the purpose of a mobile food vending permit, a place, location, site or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this Chapter, served means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking or additional preparation and prepared means any action that affects a food other than receiving or maintaining it at the temperature at which it was received. Health License means an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such document shall be an annual health license. Ice Cream Truck means motor vehicles from which ice cream, popsicles, ice sherbets, frozen desserts or other similar items are sold. Licensing Period means the first day of March to the last day of February of the next succeeding year. Mobile Food Vehicle is defined as a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell food to the general public. Mobile Food Vending Permit means an official document issued by the Zoning Department authorizing operation of a mobile food vending unit within the corporate limits of the City of Huber Heights. Mobile Food Vending Unit means a food service operation or retail food establishment that is operated from a mobile food vehicle. For the purpose of a mobile food vending permit, mobile food vending unit excludes food delivery operations and vending machines, as defined in Ohio Revised Code (L) Mobile Food Vendor means every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or their heirs, executors, administrators, or personal representatives or assignees or any deceased owner, owning controlling, operating or

46 managing any mobile food vending unit. Non-incorporated Children s Stands shall mean a non-incorporated business that is commonly operated by a child or children to sell lemonade or other beverages and snack foods. Operator means the individual who manages one (1) or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor. Permitted Event means a Special Event and/or a Public Event.. Public Event means any public activity or gathering or assemblage of people, other than a special event, that is open to the general public for admission that requires payment for entrance, attendance or participation, and requires the issuance of a health license or temporary health license pursuant to Ohio Revised Code for participating mobile food vendors. Revoke means to terminate all rights or privileges under a Mobile Food Vending Permit. Special Event means any activity or gathering or assemblage of people upon public property or in the public right of way for which a street closure, race event, parade permit or other like permit has been issued by the City of Huber Heights. Vending shall mean the sale of food to a person who is the ultimate consumer. Such sales do not include those from a vending machine, as defined in Ohio Revised Code (L) PERMIT REQUIRED FOR OPERATION (a) Except as provided in subsection (b) below, No individual or organization shall operate, or cause to be operated, any mobile food vending unit within the City of Huber Heights without a current and valid Mobile Food Vending Permit issued pursuant to this Chapter and applicable Health License issued in accordance with laws, rules and regulations established in the Ohio Revised Code, the Ohio Administrative Code. (b) Mobile Food Vending Units, within the City, that only operate as part of a Permitted Event shall not require a Mobile Food Vending Permit. Such Mobile Food Vending Units must comply with any health licensing requirements of the State of Ohio and any Fire Code requirements of the City of Huber Heights.

47 (c) Nothing in this chapter shall be construed as superseding, supplanting, or otherwise replacing any duty imposed by Ohio Revised Code Chapter 3701 or 3717, or rules or regulations promulgated thereunder, upon an application for a health license, or upon a department of health in the conduct of its responsibilities relative to mobile food vending units. (d) Any Mobile Food Vehicle shall be subject to inspection by the City Fire Division and shall be charged a fee as designated in Chapter 1509 of the Fire Prevention Code. APPLICATION FOR PERMIT (a) An application for a Mobile Food Vending Permit must be submitted by the owner of the Mobile Food Vending Unit to the City of Huber Heights Zoning Department. A separate application must be submitted for each Mobile Food Vending Unit. Application for a Mobile Food Vending Permit shall be on a form prescribed by the Zoning Department. (b) The applicant must provide proof of, and maintain during the Licensing period a valid driver s license for all drivers, vehicle registration, motor vehicle insurance, and liability insurance. The Operator shall provide such information for any new drivers that are used during the Licensing Period but after the Mobile Food Vending Permit has been issued. (c) The cost of a Mobile Food Vending Permit is $100 and shall be valid only for the Licensing Period for which it is issued. As a condition of accepting the permit, the applicant is required to sign the application agreeing to meet all the requirements pursuant to City code and to assume responsibility for the actions and omissions of its Operators in the performance of or failure to perform its obligations under the permit. (d) The Zoning Department must examine all applications for a Mobile Food Vending permit under this chapter and make, or cause to be made, any further investigation into the application as is deemed necessary in order to make a determination regarding the application within 5 business days. (e) If a complete application for a mobile food vending permit is not approved, any reason(s) for that determination shall be provided to each applicant in writing. (f) A Mobile Food Vending Permit application shall meet the following requirements: 1. provide proof of and maintain a valid driver s license for all known drivers, vehicle registration, and current motor vehicle insurance; 2. provide proof of and maintain an Ohio Retail Food license; 3. provide proof of and maintain a valid sales use tax license;

48 4. provide payment of the fee of $ provide proof of a Federal income tax identification number or exemption from the City of Huber Heights division of tax. 6. provide address of all proposed locations for the Except for the Mobile Food Vending Unit and proof of permission from property owner of proposed location(s). 7. Attest under oath that no Operator has had a Mobile Food Vending Permit issued by the City, or a similar permit or license issued by another city, revoked in the past two year; or if a revocation has occurred the reason for such revocation and proof of compliance. OPERATING REQUIREMENTS (a) Mobile Food Vehicles shall obtain all applicable approvals and permits, and shall follow all applicable processes as required by the City of Huber Heights and/or the Event Holder. (b) Mobile Food Vehicles shall comply with all local, state, and federal laws, regulations and ordinances. (c) Except for Mobile Food Vehicles operating within the City as part of a Permitted Event, Mobile Food Vehicles shall be permitted as follows: 1. Shall be permitted within the following districts a. Industrial (I) b. Commercial (B) c. Planned Districts (PUD) as approved through the City s Planning Commission 2. Shall be located on a lot containing a principal building and must be parked on a hard surface (d) Operational Requirements. Except for Mobile Food Vehicles operating within the City as part of a Permitted Event the following shall apply:, 1. Mobile Food Vehicles operating on private property in the above zoning districts shall be required to maintain a minimum separation of 200 feet from the primary entrance to, or outdoor eating area of, a restaurant, and 150 feet from residential zone districts. In addition, such vehicles shall also be required to maintain a minimum

49 separation of 200 feet from any other mobile food vehicle and a minimum of fifteen feet from any fire hydrant. 2. Mobile Food Vehicles shall not obstruct the pedestrian or bicycle access, the visibility of motorists, nor obstruct parking lot circulation or block access to a public street, alley or sidewalk. 3. Mobile Food Vehicles shall not locate any vehicle, structure, or device upon a public sidewalk within the extended boundaries of a crosswalk or within ten feet of the extension of any building entranceway, doorway or driveway; 4. Mobile Food Vehicles shall not fail to maintain and provide proof when requested of written consent from the private property owner authorizing the property to be used for the proposed use with regard to Mobile Food Vehicle sales on private property; 5. Mobile Food Vehicles shall not operate before 8 a.m. or after 9 p.m. No Mobile Food Vehicle shall conduct business for more than four hours at the same property for more than five consecutive days, nor more than 26 days total in a calendar year. Provided, Mobile Food Vehicle s conducting business at a particular property at the request of and with the written permission of the property owner or operator of the business located on the property and which limits the sale of its food to employees of such business or property owner may operate for no more than three periods of 90 minutes or less each day. between the hours of 6 am and 10 pm. 6. Mobile Food Vehicles shall not sell anything other than food and nonalcoholic beverages; 7. Mobile Food Vehicles shall not provide amplified music 8. Mobile Food Vehicles shall not place signs/banners in or alongside the public-right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle 9. Mobile Food Vehicles shall not fail to have the vehicle attended at all times 10. Mobile Food Vehicles shall not fail to permanently display to the public in the food handling area of the mobile food vehicle the permit authorizing such use 11. Mobile Food Vehicles shall not fail to provide trash receptacles and properly dispose of all trash, refuse, compost and garbage that is generated by the use 12. Mobile Food Vehicles shall not cause any liquid wastes used in the operation to be discharged from the mobile food vehicle; city 13. Mobile Food Vehicles shall not fail to abide by all other ordinances of the

50 14. Mobile Food Vehicles shall not operate in the city s right-of-way. 15. Mobile Food Vehicles are required to be removed from the premises during non-business hours. EXCEPTIONS: The following activities shall be exempted from the provisions of this chapter: 1. Ice Cream Trucks; and 2. Non-Incorporated Children s Stands. PERMITTED EVENTS: (a) No mobile food vending permit shall be required for any mobile food vending unit that operates exclusively as a part of a City approved Permitted Event, within the approved areas and time frames. (b) Operation in residential zones and city parks are prohibited unless permitted as a part of an organized non-profit Permitted Event. (c) Mobile food vehicles sales that are part of a Permitted Event are exempt from the requirements above but will be subject to other conditions imposed in connection with the Permitted Event. Those conditions will be identified in the Permitted Event permit process. CRITERIA FOR MOBILE FOOD VENDING UNITS AT PERMITTED EVENTS Before allowing Mobile Food Vending Units at a Permitted Event, the city manager shall: 1. Consult with the city fire and police departments and transportation division to determine the degree of congestion of any public right-of-way which may result from the proposed use, design and location, including the probability of impact of the proposed use on the safe flow of vehicular and pedestrian traffic. Factors considered shall include but not be limited to the width of the streets and sidewalks, the volume of traffic, the availability of off-street parking, or any other factor related to the protection of the public health, safety, and welfare; 2. Consult with the Planning Department to determine the appropriateness of sales activities within commercial districts based on the impact to the economic viability of existing businesses, the public's use and enjoyment of sidewalks and other public areas for patio and café seating, amenities including and not limited to benches, trees, trash receptacles, parking kiosks, bicycle parking, events, and

51 the mobility of pedestrians; 3. Determine whether the permit meets all requirements of this code and other ordinances of the city. The manager shall issue such permit upon a finding that, in view of the location or area proposed to be used and the type of business to be carried on, the sales business complies with all requirements of this code, other ordinances of the city, would not constitute an obstruction of public property or a health or safety hazard, and the public benefit from the proposed use exceeds its detriments. The city manager may impose reasonable conditions in the permit to assure the use of public property and right-of-way and protect the public health, safety, and welfare. PUBLIC PROPERTY USE PERMITS. No person shall, in conjunction with a Mobile Food Vending Unit, place for sale or for solicitation of orders any merchandise or other things upon any street, alley, sidewalk, or other public property or suspended from any building or structure over the street, sidewalk, or public property without first obtaining a permit from the city manager. EXPIRATION AND RENEWAL OF PERMIT. (a) Each permit issued under this chapter shall expire at 11:59 pm on the last day of February following the date of issue. (b) Each permitee must comply with the application and inspection requirements of this chapter to receive a new permit for the succeeding permit period. TRANSFER OF PERMIT PROHIBITED No Mobile Food Vending Permit issued under this chapter shall be transferred or assigned by the named permitee to any other individual or organization, or to any other Mobile Food Vending Unit. Should a change in ownership of a Mobile Food Vending Unit occur at any time, the succeeding owner must comply with the application, inspection and fee requirements of this chapter. PERMIT SUSPENSION, REVOCATION (a) Permits issued under this chapter may be revoked by the City for one or more of the following reasons: 1. Fraud, misrepresentation or bribery in securing a permit or during the course of business; or 2. Violation of any provision of this chapter; or 3. Failure to display the Mobile Food Vehicle permit as issued; or

52 4. Failure to have valid permits or licenses required by a County Health Department within the State of Ohio; or 6. For any of the reasons which could have been grounds for refusing to issue the original license; or 7. Knowingly allowing another person to use a Mobile Food Vehicle within the City in violation of any provision of this chapter; or APPEALS Any individual or organization who has been refused a permit or renewal of a permit under this chapter or has had a permit issued under this chapter revoked, may appeal such decision as provided in Section of the Zoning Ordinance. PENALTY In addition to any applicable revocation of a Mobile Food Vending Permit, the following penalties may apply (a) Whoever violates any provision of this chapter is guilty of the following offenses and shall be subject to the following penalties: (1) For the first offense, a minor misdemeanor. (2) For the second offense (whether or not of the same section of the provision), occurring not sooner than twenty (20) days and not later than two (2) years after the first offense, a misdemeanor of the fourth degree. (3) For the third offense (whether or not of the same provision), occurring no sooner than twenty (20) days after the second offense and not later than two (2) years after the first offense, a misdemeanor of the third degree. (4) For a fourth offense and each subsequent offense (whether or not of the same provision), occurring not sooner than twenty (20) days after the third offense and not later than two (2) years after the first offense, a misdemeanor of the third degree. (b) An Operator that has had Mobile Food Vending Permit revoked by the City on more than two occasions shall not be eligible for a new Mobil Food Vending Permit.

53

54 MOBILE FOOD VEHICLES DEFINITIONS Event Holder means a person, group or organization responsible for the hosting or operation of a Permitted Event. Food shall mean a raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use of for sale in whole or in part for human consumption. Food Service Operation means, for the purpose of a mobile food vending permit, a place, location, site or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this Chapter, served means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking or additional preparation and prepared means any action that affects a food other than receiving or maintaining it at the temperature at which it was received. Health License means an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such document shall be an annual health license. Ice Cream Truck means motor vehicles from which ice cream, popsicles, ice sherbets, frozen desserts or other similar items are sold. Licensing Period means the first day of March to the last day of February of the next succeeding year. Mobile Food Vehicle is defined as a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell food to the general public. Mobile Food Vending Permit means an official document issued by the Zoning Department authorizing operation of a mobile food vending unit within the corporate limits of the City of Huber Heights. Mobile Food Vending Unit means a food service operation or retail food establishment that is operated from a mobile food vehicle. For the purpose of a mobile food vending permit, mobile food vending unit excludes food delivery operations and vending machines, as defined in Ohio Revised Code (L) Mobile Food Vendor means every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or their heirs, executors, administrators, or personal representatives or assignees or any deceased owner, owning controlling, operating or

55 managing any mobile food vending unit. Non-incorporated Children s Stands shall mean a non-incorporated business that is commonly operated by a child or children to sell lemonade or other beverages and snack foods. Operator means the individual who manages one (1) or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor. Permitted Event means a Special Event and/or a Public Event.. Public Event means any public activity or gathering or assemblage of people, other than a special event, that is open to the general public for admission that requires payment for entrance, attendance or participation, and requires the issuance of a health license or temporary health license pursuant to Ohio Revised Code for participating mobile food vendors. Revoke means to terminate all rights or privileges under a Mobile Food Vending Permit. Special Event means any activity or gathering or assemblage of people upon public property or in the public right of way for which a street closure, race event, parade permit or other like permit has been issued by the City of Huber Heights. Vending shall mean the sale of food to a person who is the ultimate consumer. Such sales do not include those from a vending machine, as defined in Ohio Revised Code (L) PERMIT REQUIRED FOR OPERATION (a) Except as provided in subsection (b) below, No individual or organization shall operate, or cause to be operated, any mobile food vending unit within the City of Huber Heights without a current and valid Mobile Food Vending Permit issued pursuant to this Chapter and applicable Health License issued in accordance with laws, rules and regulations established in the Ohio Revised Code, the Ohio Administrative Code. (b) Mobile Food Vending Units, within the City, that only operate as part of a Permitted Event shall not require a Mobile Food Vending Permit. Such Mobile Food Vending Units must comply with any health licensing requirements of the State of Ohio and any Fire Code requirements of the City of Huber Heights.

56 (c) Nothing in this chapter shall be construed as superseding, supplanting, or otherwise replacing any duty imposed by Ohio Revised Code Chapter 3701 or 3717, or rules or regulations promulgated thereunder, upon an application for a health license, or upon a department of health in the conduct of its responsibilities relative to mobile food vending units. (d) Any Mobile Food Vehicle shall be subject to inspection by the City Fire Division and shall be charged a fee as designated in Chapter 1509 of the Fire Prevention Code. APPLICATION FOR PERMIT (a) An application for a Mobile Food Vending Permit must be submitted by the owner of the Mobile Food Vending Unit to the City of Huber Heights Zoning Department. A separate application must be submitted for each Mobile Food Vending Unit. Application for a Mobile Food Vending Permit shall be on a form prescribed by the Zoning Department. (b) The applicant must provide proof of, and maintain during the Licensing period a valid driver s license for all drivers, vehicle registration, motor vehicle insurance, and liability insurance. The Operator shall provide such information for any new drivers that are used during the Licensing Period but after the Mobile Food Vending Permit has been issued. (c) The cost of a Mobile Food Vending Permit is $100 and shall be valid only for the Licensing Period for which it is issued. As a condition of accepting the permit, the applicant is required to sign the application agreeing to meet all the requirements pursuant to City code and to assume responsibility for the actions and omissions of its Operators in the performance of or failure to perform its obligations under the permit. (d) The Zoning Department must examine all applications for a Mobile Food Vending permit under this chapter and make, or cause to be made, any further investigation into the application as is deemed necessary in order to make a determination regarding the application within 5 business days. (e) If a complete application for a mobile food vending permit is not approved, any reason(s) for that determination shall be provided to each applicant in writing. (f) A Mobile Food Vending Permit application shall meet the following requirements: 1. provide proof of and maintain a valid driver s license for all known drivers, vehicle registration, and current motor vehicle insurance; 2. provide proof of and maintain an Ohio Retail Food license; 3. provide proof of and maintain a valid sales use tax license;

57 4. provide payment of the fee of $ provide proof of a Federal income tax identification number or exemption from the City of Huber Heights division of tax. 6. provide address of all proposed locations for the Except for the Mobile Food Vending Unit and proof of permission from property owner of proposed location(s). 7. Attest under oath that no Operator has had a Mobile Food Vending Permit issued by the City, or a similar permit or license issued by another city, revoked in the past two year; or if a revocation has occurred the reason for such revocation and proof of compliance. OPERATING REQUIREMENTS (a) Mobile Food Vehicles shall obtain all applicable approvals and permits, and shall follow all applicable processes as required by the City of Huber Heights and/or the Event Holder. (b) Mobile Food Vehicles shall comply with all local, state, and federal laws, regulations and ordinances. (c) Except for Mobile Food Vehicles operating within the City as part of a Permitted Event, Mobile Food Vehicles shall be permitted as follows: 1. Shall be permitted within the following districts a. Industrial (I) b. Commercial (B) c. Planned Districts (PUD) as approved through the City s Planning Commission 2. Shall be located on a lot containing a principal building and must be parked on a hard surface (d) Operational Requirements. Except for Mobile Food Vehicles operating within the City as part of a Permitted Event the following shall apply:, 1. Mobile Food Vehicles operating on private property in the above zoning districts shall be required to maintain a minimum separation of 200 feet from the primary entrance to, or outdoor eating area of, a restaurant, and 150 feet from residential zone districts. In addition, such vehicles shall also be required to maintain a minimum

58 separation of 200 feet from any other mobile food vehicle and a minimum of fifteen feet from any fire hydrant. 2. Mobile Food Vehicles shall not obstruct the pedestrian or bicycle access, the visibility of motorists, nor obstruct parking lot circulation or block access to a public street, alley or sidewalk. 3. Mobile Food Vehicles shall not locate any vehicle, structure, or device upon a public sidewalk within the extended boundaries of a crosswalk or within ten feet of the extension of any building entranceway, doorway or driveway; 4. Mobile Food Vehicles shall not fail to maintain and provide proof when requested of written consent from the private property owner authorizing the property to be used for the proposed use with regard to Mobile Food Vehicle sales on private property; 5. Mobile Food Vehicles shall not operate before 8 a.m. or after 9 p.m. No Mobile Food Vehicle shall conduct business for more than four hours at the same property for more than five consecutive days, nor more than 26 days total in a calendar year. Provided, Mobile Food Vehicle s conducting business at a particular property at the request of and with the written permission of the property owner or operator of the business located on the property and which limits the sale of its food to employees of such business or property owner may operate for no more than three periods of 90 minutes or less each day. between the hours of 6 am and 10 pm. 6. Mobile Food Vehicles shall not sell anything other than food and nonalcoholic beverages; 7. Mobile Food Vehicles shall not provide amplified music 8. Mobile Food Vehicles shall not place signs/banners in or alongside the public-right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle 9. Mobile Food Vehicles shall not fail to have the vehicle attended at all times 10. Mobile Food Vehicles shall not fail to permanently display to the public in the food handling area of the mobile food vehicle the permit authorizing such use 11. Mobile Food Vehicles shall not fail to provide trash receptacles and properly dispose of all trash, refuse, compost and garbage that is generated by the use 12. Mobile Food Vehicles shall not cause any liquid wastes used in the operation to be discharged from the mobile food vehicle; 13. Mobile Food Vehicles shall not fail to abide by all other ordinances of the

59 city 14. Mobile Food Vehicles shall not operate in the city s right-of-way. 15. Mobile Food Vehicles are required to be removed from the premises during non-business hours. EXCEPTIONS: The following activities shall be exempted from the provisions of this chapter: 1. Ice Cream Trucks; and 2. Non-Incorporated Children s Stands. PERMITTED EVENTS: (a) No mobile food vending permit shall be required for any mobile food vending unit that operates exclusively as a part of a City approved Permitted Event, within the approved areas and time frames. (b) Operation in residential zones and city parks are prohibited unless permitted as a part of an organized non-profit Permitted Event. (c) Mobile food vehicles sales that are part of a Permitted Event are exempt from the requirements above but will be subject to other conditions imposed in connection with the Permitted Event. Those conditions will be identified in the Permitted Event permit process. CRITERIA FOR MOBILE FOOD VENDING UNITS AT PERMITTED EVENTS Before allowing Mobile Food Vending Units at a Permitted Event, the city manager shall: 1. Consult with the city fire and police departments and transportation division to determine the degree of congestion of any public right-of-way which may result from the proposed use, design and location, including the probability of impact of the proposed use on the safe flow of vehicular and pedestrian traffic. Factors considered shall include but not be limited to the width of the streets and sidewalks, the volume of traffic, the availability of off-street parking, or any other factor related to the protection of the public health, safety, and welfare; 2. Consult with the Planning Department to determine the appropriateness of sales activities within commercial districts based on the impact to the economic viability of existing businesses, the public's use and enjoyment of sidewalks and other public areas for patio and café seating, amenities including and not limited

60 to benches, trees, trash receptacles, parking kiosks, bicycle parking, events, and the mobility of pedestrians; 3. Determine whether the permit meets all requirements of this code and other ordinances of the city. The manager shall issue such permit upon a finding that, in view of the location or area proposed to be used and the type of business to be carried on, the sales business complies with all requirements of this code, other ordinances of the city, would not constitute an obstruction of public property or a health or safety hazard, and the public benefit from the proposed use exceeds its detriments. The city manager may impose reasonable conditions in the permit to assure the use of public property and right-of-way and protect the public health, safety, and welfare. PUBLIC PROPERTY USE PERMITS. No person shall, in conjunction with a Mobile Food Vending Unit, place for sale or for solicitation of orders any merchandise or other things upon any street, alley, sidewalk, or other public property or suspended from any building or structure over the street, sidewalk, or public property without first obtaining a permit from the city manager. EXPIRATION AND RENEWAL OF PERMIT. (a) Each permit issued under this chapter shall expire at 11:59 pm on the last day of February following the date of issue. (b) Each permitee must comply with the application and inspection requirements of this chapter to receive a new permit for the succeeding permit period. TRANSFER OF PERMIT PROHIBITED No Mobile Food Vending Permit issued under this chapter shall be transferred or assigned by the named permitee to any other individual or organization, or to any other Mobile Food Vending Unit. Should a change in ownership of a Mobile Food Vending Unit occur at any time, the succeeding owner must comply with the application, inspection and fee requirements of this chapter. PERMIT SUSPENSION, REVOCATION (a) Permits issued under this chapter may be revoked by the City for one or more of the following reasons: 1. Fraud, misrepresentation or bribery in securing a permit or during the course of business; or 2. Violation of any provision of this chapter; or

61 3. Failure to display the Mobile Food Vehicle permit as issued; or 4. Failure to have valid permits or licenses required by a County Health Department within the State of Ohio; or 6. For any of the reasons which could have been grounds for refusing to issue the original license; or 7. Knowingly allowing another person to use a Mobile Food Vehicle within the City in violation of any provision of this chapter; or APPEALS Any individual or organization who has been refused a permit or renewal of a permit under this chapter or has had a permit issued under this chapter revoked, may appeal such decision as provided in Section of the Zoning Ordinance. PENALTY In addition to any applicable revocation of a Mobile Food Vending Permit, the following penalties may apply (a) Whoever violates any provision of this chapter is guilty of the following offenses and shall be subject to the following penalties: (1) For the first offense, a minor misdemeanor. (2) For the second offense (whether or not of the same section of the provision), occurring not sooner than twenty (20) days and not later than two (2) years after the first offense, a misdemeanor of the fourth degree. (3) For the third offense (whether or not of the same provision), occurring no sooner than twenty (20) days after the second offense and not later than two (2) years after the first offense, a misdemeanor of the third degree. (4) For a fourth offense and each subsequent offense (whether or not of the same provision), occurring not sooner than twenty (20) days after the third offense and not later than two (2) years after the first offense, a misdemeanor of the third degree. (b) An Operator that has had Mobile Food Vending Permit revoked by the City on more than two occasions shall not be eligible for a new Mobil Food Vending Permit.

62 Mobile Food Vendor / Food Truck Fee Comparison (Municipalities) City / Municipality Allowed (Yes or No) Fee Additional Info Beavercreek Yes None No Registration / No Rules except cannot block public Centerville Yes $50 Dayton Yes $75 commercial districts, none private lots Must be licensed through Mont. Co Health Dept Englewood Yes By Planning Commision Approval $100 Planning Commission Fee Fairborn Yes None Must be licensed through Greene Co Health Dept Kettering Yes $125 Temporary Use Permit on Private Property Miamisburg No (Special Events Only) Event specific vendor fee (varies) One location where 3 vendors can sell daily; by application only; usually do not return the next year Tipp city No (Special Events Only) Event specific vendor fee (varies) Trotwood No (Special Events Only) Event specific vendor fee (varies) Going in front of council this year Troy Yes $25 per food vehicle; $25 per vendor Annually Through Police Dept. Must pass background check & Register with photo Vandalia Yes $50 app. Fee; $50 on approval, $100 annually West Carrollton Yes $27 app. Fee; $559 6 mos. Or $836 annually Additional $559 fee to locate upon City owned property

63 AI-5818 Topics of Discussion J. Council Work Session Meeting Date: 07/17/2018 Brandt Pike Revitalization Overlay - ZC Submitted By: Department: Scott Falkowski Planning Council Committee Review?: Council Work Session Date(s) of Committee Review: 07/17/2018 Audio-Visual Needs: None Emergency Legislation?: No Motion/Ordinance/ Resolution No.: Agenda Item Description or Legislation Title Brandt Pike Revitalization Overlay Purpose and Background As part of the Brandt Pike Target Revitalization Plan, one of the recommendations was to create an overlay district that sets up zoning requirements for this district only. The City Code addition has been created and sent through Planning Commission. Comments were made and a final version was drafted and recommended for approval by Planning Commission. It was reviewed by the Huber Heights Chamber of Commerce and the Chamber of Commerce had no comments. It was sent to all property owners in the overlay area and City Staff spoke with several of those owners and their comments have been reflected in the final draft. It has been posted on the City's website for a few months and posted on social media sites with no comments from the public. Fiscal Impact Source of Funds: N/A Cost: N/A Recurring Cost? (Yes/No): N/A Funds Available in Current Budget? (Yes/No): N/A Financial Implications: Staff Report Decision Record Minutes - Planning Commission Minutes - Planning Commission Ordinance Attachments

64 Memorandum Staff Report for Meeting of May 29, 2018 To: From: Planning Commission Scott Falkowski, Assistant City Manager Date: May 23, 2018 Subject: ZC (Planning and Zoning Code Text Amendment for Brandt Pike Revitalization Overlay) Department of Planning and Zoning City of Huber Heights APPLICANT/OWNER: REQUEST: City of Huber Heights Proposed Text Amendments to Chapter 11 of the Huber Heights City Code. The proposal is to amend a section of the Zoning Code to update the Code to create a Brandt Pike Revitalization Overlay District. Staff analysis: The proposed code reads: PURPOSE; INTENT CHAPTER 1180 Brandt Pike Revitalization Overlay District a. The purpose of the Brandt Pike Revitalization Overlay District is multi-faceted. On a practical level, the Overlay District standards are meant to implement the recommendations of the Brandt Pike Target Revitalization Study (2017) which identify a number of public health, safety, and welfare issues on Brandt Pike, including traffic congestion, changing land uses, aging shopping centers, unattractiveness, and lack of identity. As this part of Huber Heights has come close to reaching build-out, the opportunity to address these issues comes through site-by-site redevelopment, which is an incremental process that will occur in fragments. It is because of this fragmentation, that a cohesive framework that channels or guides new building and construction is needed; otherwise, redevelopment on individual parcels or sites will occur independent of the larger Brandt Pike Corridor context, perpetuating the public health, safety, and welfare issues. The Overlay is such a framework and is intended to supplement the land uses and development requirements of the multiple underlying zoning districts 1

65 while providing more specific development standards that unify this unique corridor s development pattern by regulating primarily the form (scale, alignment, and composition of buildings); parking and loading; site amenities; landscape design; lighting; and graphics. It is also aimed at encouraging and incorporating environmentally-friendly design, facilitating pedestrian connections to adjacent neighborhoods, as well as better connecting the corridor to its surroundings and serve as a tool to achieve the City s vision for redevelopment and help to create an identity for this vital corridor. b. It is the intent of the City of Huber Heights Brandt Pike Revitalization Overlay District to improve the health safety and welfare of the citizens of Huber Heights through objectives which include, but are not limited to, the following objectives: A. To establish parking standards with the specific intent of coordinating traffic between adjoining properties. B. To reduce access points to improve traffic safety, circulation, and coordination. C. To provide standards for screening of service and loading areas, HVAC equipment, and other areas determined to detract from the aesthetic qualities of the streetscape. D. To regulate outdoor dining activities for the benefit of customers and pedestrians, while also preserving required parking and safe vehicular circulation. E. To minimize the potential for increased traffic congestion by providing incentives that require shared access points, cross-access easements, shared parking areas, and quality public spaces. F. To increase the number of pedestrian and vehicular connections between adjacent properties to provide complimentary and coordinated development of adjacent properties. G. To provide regulating standards which require orderly, well-planned development and to ensure that the new buildings and additions enhance the surrounding streetscape, including incentives for burial of existing utilities within the right-of-way. 2

66 H. To use scale, building orientation and landscaping to establish community identity. I. To effectively and efficiently regulate the establishment and maintenance of businesses requiring outdoor storage of vehicles, type and heights of signage, equipment or merchandise. J. To establish a walkable streetscape by promoting a pedestrian orientation of streets and buildings and providing a safe and convenient interconnected sidewalk network APPLICABILITY TO UNDERLYING ZONING DISTRICTS a. The provisions of this chapter shall be applicable to all lands shown as being located within the boundaries of the "BP" Brandt Pike Revitalization Overlay District ( BP ) on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. b. Any and all development, redevelopment, improvements, or the like, including, but not limited to, signage, and any variance, modification, and/or conditional use request for property with the BP shall be subject to the procedures and provisions set forth in this Chapter Any changes to the underlying zoning of property within the BP shall not remove the property from the BP unless expressly specified in the rezoning approval. c. The Planning Commission shall review the particular facts and circumstance of each proposed conditional use in terms of the requirements contained in this Chapter and shall find by a preponderance of the evidence that applicant has either met or made a good faith attempt to meet each applicable provision PERMITTED USES a. Uses permitted in the underlying zoning districts; and b. Multi-family residential uses are permitted if incorporated into an overall mixed-use development REQUIREMENTS FOR CONDITIONAL USE APPLICATION Any applicant desiring to improve property, submit a land development or perform an alteration to an existing building located in the Brandt Pike Revitalization Overlay District is required to apply for and obtain conditional use approval pursuant to the provisions of this chapter, and said application shall be governed by the standards and criteria set 3

67 forth below. If a Special Use permit is required for the use under the Underlying zoning, the applicant may submit a single application for special use/conditional use CONDITIONAL USE GENERAL PROPERTY STANDARDS AND CRITERIA. The Planning Commission shall review the particular facts and circumstance of each proposed conditional use in terms of the following requirements and shall find by a preponderance of the evidence that applicant has either met or made a good faith attempt to meet each of the following A. Applicants shall be required to pursue, where physically feasible, crosseasement agreements with neighboring property owners for the purpose of creating a cohesive and efficient parking configuration and traffic circulation plan including pedestrian and vehicular connections. B. Applicants shall be required to investigate the feasibility of and to reduce, to the extent possible, the number of existing curb cuts in order to improve traffic safety and circulation. C. Appropriate fenced and/or landscaped screening shall be required around all HVAC equipment, service and loading areas, trash receptacles, and other areas deemed appropriate by the Planning Commission. A privacy fence, landscaped buffer and/or low shrubs shall provide screening along the side and rear property boundaries to residential zoning districts. D. Applicants shall be required to investigate the feasibility of and, to the extent possible, consolidate two or more parcels, under separate ownership, prior to development, with the purpose of providing a more unified development. E. The applicant shall appropriately landscape along the backside of the public sidewalk with low shrubs, ornamental walls and earth shaping. In those instances where parking is located in front of the building, vehicular screening shall be provided between the street right-of-way and the building by low brick walls in height from the curb elevation with a 5 limestone cap or by landscaping of 100% opacity. The brick utilized in the wall shall match the brick used elsewhere in the corridor. Where it is determined by the Planning Commission that insufficient space exists for such landscaping, they may be located elsewhere on the lot, at locations determined acceptable by the Commission. 4

68 F. The applicant shall renovate existing building facades to provide a combination of masonry materials, such as stone, stucco, or brick and decorative elements around windows and doors, such as columns, pediments, and shutters, and new roof plan where flat roofs presently exist. All exterior walls of Commercial, Office, and Mixed-Use Buildings shall be 100% masonry materials as per City Code (b)(1). All buildings in the Brandt Pike Revitalization Overlay District shall be architecturally finished on all sides utilizing four-sided architectural design so that there will be no apparent rear of any building where visible by surrounding roadways, as determined by the City. All buildings shall have a minimum of two distinct building materials from the approved list with secondary materials covering a minimum of ten percent of the total building façades. Window walls shall be considered windows by the City Code. All materials, colors, and architectural details used on the exterior of a building should be compatible with the building style, and with each other. G. The applicant shall bring the front facade wall and sidewalk into conformity with contained herein. H. New developments shall be planned containing new streets and/or pedestrian ways such that no block within the development shall contain a block frontage greater than 600 feet in one direction and 400 feet in the opposite direction without an intervening street or pedestrian way. I. Shopping center out-parcels shall have an equivalent design treatment on all facades and shall be of a complimentary architecture to that of the shopping center. J. Any right-of-way outside of the roadway shall be preserved for sidewalks and green area between the curbline and the front yard setback along the entire Brandt Pike, Chambersburg, Fishburg, Powell, Nebraska and Kitridge Road frontages. K. Minimum green area: 20%, which may include any green area in the right-of-way as provided in Subsection J. If 20% green area is physically impossible, the applicant shall make a contribution in lieu of green area to the City of Huber Heights. Such contribution will be based on the assessed value of the property. L. A maximum of one thirty-foot curb cut per street frontage shall be provided, unless additional curb cuts are approved by the City in order to 5

69 accommodate existing or proposed circulation deemed desirable by the City, including installation of one-way movements limiting existing or proposed driveways to entrance or exit only. The applicant shall reduce the number and width of existing curb cuts when practicable. M. A minimum of two hundred and fifty feet must be provided between curb cuts and public street intersections. A minimum of one hundred feet must be provided between curb cuts OUTDOOR DINING Outdoor dining may be permitted, subject to the following: A. The Planning Commission may limit the volume of music, hours of operation and outdoor lighting of the outdoor dining area so as to minimize its impact on neighboring properties. B. Outdoor cooking shall not be permitted unless specifically approved by Planning Commission. C. Planters, posts with ropes, iron fencing or other removable enclosures are encouraged and shall be used as a way of defining the area occupied as outdoor seating. D. Refuse facilities shall be provided. E. Advertising or promotional features shall be limited to umbrellas or canopies. F. Outdoor dining shall not impede pedestrian traffic flow. G. Floor area devoted to outdoor dining shall be provided with off-street parking in the same fashion as required for restaurant use OUTDOOR LIGHTING All outside lighting on the premises, including sign lighting, shall be arranged, designed, and shielded or directed so as to protect the abutting streets and adjoining property from the glare of lights, and lighting shall be so shielded that the source of the light shall not be visible from any point outside the premises. No flashing or intermittent 6

70 or moving lights shall be permitted, either freestanding, attached to a facade, or as a part of an approved sign. This does not include digital changeable copy LOTS; SETBACKS; PARKING The following dimensional requirements shall apply to all properties within the Brandt Pike Revitalization Overlay District: A. Maximum building height: three stories, not to exceed 35 feet. B. Front, side, and rear yard setbacks: The front, side, and rear yard setbacks shall be no less than 10 feet, unless adjacent to an existing residential zoning district, in which case the minimum side and rear yard setbacks shall be 30 feet. C. Lot coverage maximums shall be those of the underlying zoning district unless a mix of two or more uses is incorporated on site. In such case, all impervious surface areas, including building, parking, etc. shall not exceed more than 80% of the site for the entire development. D. Parking setback. All parking shall be set back a minimum of 10 feet from the ultimate right-of-way along all Brandt Pike and frontages. The parking setback along all collectors or residential streets may be zero feet from the ultimate right-of-way. A minimum of 10 feet from the curbline shall be provided for the placement of sidewalks, landscaping and utilities. E. Up to 25 percent of the required parking spaces may be replaced with landscaped area. This area is in addition to any other landscaping requirement. F. Up to 25 percent of the required parking spaces for any development may be compact spaces reduced in total area, width or depth for designated compact vehicle parking. Each compact vehicle parking space shall not be less than nine feet in width and 18 feet in depth. G. Parking Cap. Parking shall not exceed 110% of the minimum requirement. A fee shall be paid for each parking space added in excess in accordance with the fee schedule. H. Curbing. All parking and landscape areas shall be curbed with 6" concrete except in cases where bioretention basins or similar storm water management methods are utilized. Extruded curb is prohibited. I. Decorative, commercial-quality, bicycle racks, benches and trash receptacles shall be required for all retail and office developments unless specifically waived by the Planning Commission. 7

71 J. Dumpsters shall be screened on all sides by a minimum 6-foot high brick or masonry wall with access via an opaque gate SIGN AND GRAPHIC STANDARDS. In addition to conformance with Chapter 1189 of the City of Huber Heights Planning & Zoning Code, all signs and graphics shall meet the following requirements: A. Signs must positively influence the overall character and appearance of the streetscape and must be designed to complement the architecture of the building. B. Franchise logos and identification signs shall be permitted only if they are appropriate in size and are integrated into the building façade and street character. This also includes patio umbrella graphics and signage. C. Canopies designed as signs are prohibited. D. Individual letters (either illuminated or nonilluminated) are considered preferable to sign cabinets. E. Signs shall be illuminated only by the following means: i. By a white, steady, stationary light of reasonable intensity, directed solely at the sign and shielded or otherwise prevented from beaming directly onto adjacent properties or rights-of-way. Light fixtures shall be screened from view by site grading or evergreen shrubs. No exposed light sources (except in the case of a sign made of neon tubing) are permitted. ii. By white interior light of reasonable intensity with primary and secondary images lit or silhouetted on an opaque background. The background must be opaque and preferably made of aluminum (as opposed to Plexiglas) with routed-out or push-through letters and graphics. No additional background lighting or illuminated borders or outlines shall be permitted. F. Ground signs shall be set on grade or be placed on a low masonry base and to take on an architectural appearance compatible with the actual building and the streetscape. Maximum height of grounds signs is six (6) feet from ground level in relation to the back of curb of the nearest street. 8

72 G. Wall signs are prohibited above the ground floor level or above a height of one inch below the second floor window line, whichever is lower UTILITY CONNECTIONS. All wires, cables and lines providing telecommunication, including cable television and electric utilities services and connections of such utility systems to buildings and light poles shall be located underground PEDESTRIAN STANDARDS. A. Sidewalks are required to connect the street frontage sidewalks to all front building entrances, parking areas, central open space and any other destination that generates pedestrian traffic. B. Sidewalks shall connect to existing sidewalks on abutting tracks and other nearby pedestrian destination points and transit stops. C. Striped crosswalks shall be installed at any major intersection or other location as determined by the Planning Commission. D. Sidewalks shall be a minimum of four feet in width and separated from the curbline by a minimum of five feet of grass and landscaped area, which shall, in any event, comply with the design standards contained herein, unless specifically waived by the Planning Commission. E. All sidewalks and pedestrian connections shall be located a minimum of five feet from any buildings to allow for landscaping, unless arcades or entryways are part of the facade. F. Pedestrian circulation areas shall be provided and clearly defined by the use of sidewalks, walkways or textured or colored paving materials EXEMPTION The following are exempt from compliance with the BP overlay standards: A. Routine maintenance and in-kind replacement of materials, except for the replacement of graphics; B. Properties used solely for one or two family residential purposes. 9

73 CONSTRUCTION OR IMPLEMENTATION; PERMIT ISSUANCE, INVALIDATION. a. The Planning Commission may modify or waive specific requirements of this section as well as the requirements of Chapter 1185, Parking and Loading, if the Commission determines an improved development plan or better vehicular or pedestrian circulation will result. b. Construction or implementation of the proposed conditional use shall comply with the plans submitted with the application except to the extent those plans are modified by the Planning Commission, and shall also comply with all terms of the decision of the Commission. c The City shall issue a conditional use permit to the extent a conditional use has been permitted by the Commission. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted and shall constitute a violation of the City s Zoning Ordinance. The penalties for such violations are specified in Section d. A conditional use permit shall be deemed to authorize only one (1) particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall cease for more than one continuous (1) year. e. A conditional use permit shall be transferable, but only if and when the transferee signs a form provided by the City acknowledging that the transferee is bound by all terms and conditions of the prior approval and permit. 10

74 Planning Commission Decision Record WHEREAS, on May 3, 2018 the City of Huber Heights requested amendments to Chapter 11 of the Huber Heights City Code (Zoning Case 18-13), and; WHEREAS, on May 29, 2018 and June 26, 2018, the Planning Commission did meet and fully discuss the details of the request. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommended approval of the request. Mr. Proctor moved to recommend approval of the application by the City of Huber Heights requesting amendments to Chapter 11 of the Huber Heights City Code (Zoning Case 18-13) as follows: PURPOSE; INTENT CHAPTER 1180 Brandt Pike Revitalization Overlay District a. The purpose of the Brandt Pike Revitalization Overlay District is multi - faceted. On a practical level, the Overlay District standards are meant to implement the recommendations of the Brandt Pike Target Revitalization Study (2017) which identify a number of public health, safety, and welfare issues on Brandt Pike, including traffic congestion, changing land uses, aging shopping centers, unattractiveness, and lack of identity. As this part of Huber Heights has come close to reaching build-out, the opportunity to address these issues comes through siteby-site redevelopment, which is an incremental process that will occur in fragments. It is because of this fragmentation, that a cohesive framework that channels or guides new building and construction is needed; otherwise, redevelopment on individual parcels or sites will occur independent of the larger Brandt Pike Corridor context, perpetuating the public health, safety, and welfare issues. The Overlay is such a framework and is intended to supplement the land uses and development requirements of the multiple underlying zoning districts while providing more specific development standards that unify this unique corridor s development pattern by regulating primarily the form (scale, alignment, and composition of buildings); parking and loading; site amenities; landscape design; lighting; and graphics. It is