city of huber heights state of ohioagendaquick.hhoh.org/docs/2013/pw/20130604_749/747_public... ·...

CITY OF HUBER HEIGHTSSTATE OF OHIO

Public Works Committee Agenda

1. Name of Body: Public Works Committee

2. Date: June 4, 2013

3. Time: 4:30 PM

4. Place: City Hall – 6131 Taylorsville Road – City Council Conference Room

5. Members Present:

6. Guests Present:

7. Approval of Minutes:

- May 7, 2013

8. Topics of Discussion:

- Mowing - City Right-Of-Ways - Public Works Division

- Montgomery County Solid Waste District Grant - Rubber Mulch

- Street Lighting - Pagent Lane

- ZC 13-17 - Lot Split, Rezoning and Basic Development Plan - Music Center - ExecutiveBoulevard

- Food Truck and Mobile Food Vendor Zoning

9. Recommendations / Actions:

10. Adjournment:

AI-1757 Topics of Discussion 8. Public Works Committee AgendaMeeting Date: 06/04/2013

Mowing - City Right-Of-Ways - Public Works DivisionSubmitted By: Mike GrayDepartment: Public Works Division: Public WorksCouncil Committee Review?: Public Works CommitteeDate(s) of Committee Review: 06/04/2013

Audio-Visual Needs: None Emergency Legislation?: No

Motion/Ordinance/Resolution No.:

InformationAgenda Item Description or Legislation Title- Mowing - City Right-Of-Ways - Public Works Division

Purpose and BackgroundThis item is to discuss the mowing of City right-of-ways in compliance with the Huber Heights Codified Ordinances Section521.10 - Duty To Cut Weeds And Grass.

Fiscal Impact

Source of Funds: N/ACost: N/ARecurring Cost? (Yes/No): N/AFunds Available in Current Budget? (Yes/No): N/A

Financial Implications:


Montgomery County Solid Waste District Grant - Rubber MulchSubmitted By: Linda GarrettDepartment: Public Works Division: Public WorksCouncil Committee Review?: Public Works CommitteeDate(s) of Committee Review: 06/04/2013

Audio-Visual Needs: None Emergency Legislation?: Yes


InformationAgenda Item Description or Legislation Title- Montgomery County Solid Waste District Grant - Rubber Mulch

Purpose and BackgroundThe attached legislation allows the City to accept a grant from the Montgomery County Solid Waste District and givesauthorization for the Public Works Division to contract for the purchase of rubber mulch for City parks in an amount not toexceed $34,374.

Fiscal Impact

Source of Funds: 218.216.5730Cost: $34,374Recurring Cost? (Yes/No): NoFunds Available in Current Budget? (Yes/No): Yes


AttachmentsResolution


RESOLUTION NO. 2013-R-

AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING FROM THE MONTGOMERY COUNTY SOLID WASTE DISTRICT FOR THE PURCHASE OF RUBBER MULCH AND NECESSARY SUPPLIES, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Huber Heights supports the need to enhance and increase recycling, waste minimization and composting opportunities to reduce the improper disposal, dumping storage of solid waste and has received grant funding from the Montgomery County Solid Waste District for these purposes; and

WHEREAS, the City wishes to enhance the playgrounds at various City parks by adding recycled rubber mulch underneath the play equipment; and

WHEREAS, a competitive bidding process has been utilized to obtain a reputable firm to provide these services and the funds for this purchase have been appropriated for the Public Works Division as part of the approved 2013 Parks and Recreation budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:

Section 1. The City Manager is hereby authorized to accept grant funding from the Montgomery County Solid Waste District for the purchase of rubber mulch and necessary related supplies for the City’s parks in an amount not to exceed $24,062.00

Section 2. The City Manager is hereby authorized to contract for the purchase of rubber mulch and necessary supplies from Service Supply LTD, Inc. 1524 South Hamilton Road Columbus, Ohio 43227 in an amount not to exceed $34,374.00.

Section 3. This Resolution is hereby declared to be an emergency measure in order to provide for the continued protection of the public peace, health, safety, and welfare, and for the further reason that these materials should be ordered as soon as possible to expedite the acquisition process; therefore, this Resolution shall be in full force and effect immediately upon it adoption by Council.

Passed by Council on the ______ day of _____________ , 2013;______ Yeas; ______ Nays.

AUTHENTICATION:

Clerk of Council Mayor

Date Date


Street Lighting - Pagent LaneSubmitted By: Marlene PullenDepartment: Engineering Division: Water and SewerCouncil Committee Review?: Public Works CommitteeDate(s) of Committee Review: 06/04/2013



InformationAgenda Item Description or Legislation Title- Street Lighting - Pagent Lane

Purpose and BackgroundThis legislation must be adopted by City Council so that the proper cash flow can be obtained to pay for futurebillings associated with the lighting of Pagent Lane's street and cul-de-sac as part of a street lighting assessment.

Fiscal Impact



AttachmentsResolutionExhibit APetition


RESOLUTION NO. 2013-R-

DECLARING THE NECESSITY TO IMPROVE PUBLIC STREETS BETWEEN CERTAIN TERMINI WITHIN THE AREA KNOWN AS LIGHTING DISTRICT NO. 112 BY PROVIDING ELECRICITY TO THE STREET LIGHTING SYSTEM ON PAGENT LANE,AND DECLARING AN EMERGENCY.

WHEREAS, the owners of sixty percent (60%) or more of the front footage of properties abutting upon the streets on Pagent Lane as shown in the Street Lighting Project Plans on file in the Office of the Assessment Clerk have signed a petition requesting the improvement of those streets with street lighting; and

WHEREAS, that petition has been presented to the Council of the City; and

WHEREAS, the City of Huber Heights has determined the necessity to provide electricity to the subject areas provided in the petition.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that:

Section 1. It is necessary to improve certain public streets in the City of Huber Heights, between designated termini by providing electricity to the street lighting within those street areas. The particular street areas to be so improved are described in the Street Lighting Project Plans on file in the Office of the Assessment Clerk.

Section 2. The plans, specifications, profiles and an estimate of cost for providing electricity to such street lighting are now on file in the Office of the Assessment Clerk, are incorporated herein by reference and are hereby approved.

Section 3. The statements in the two recital paragraphs are determined to be correct and are incorporated herein by reference.

Section 4. Said street areas shall be improved by providing electricity to the street lights as shown on said plans and specifications, for the period of time from the first day of January 1, 2012, to the 31st day of December, 2015.

Section 5. It is hereby determined that this street lighting improvement is conducive to the public health, convenience and welfare of the City and the inhabitants thereof. It is further determined that the streets are so situated in relation to each other that, in order to complete the street lighting improvement in the most practical and economic manner, they should be improved at the same time and in the same manner; accordingly, said streets should be treated as a single improvement pursuant to Section 727.09 of the Ohio Revised Code.

Section 6. The entire cost of said improvement shall be assessed in proportion to the benefits upon the lots and lands abutting on the proposed street improvement in the Street Lighting Project Plans on file in the Office of the Assessment Clerk. For purposes of the assessment, the benefit to each lot within the affected area is deemed to be equal such that each lot shall pay the same assessment amount. Those lots and land are hereby determined to be specially benefited by the street lighting improvement. The cost of such street lighting improvement shall include all matters authorized by Ohio statutes to be part of such cost including but not limited to expenses incurred in connection with preparation, levy and collection of the special assessment, legal services, and interest on any notes or bonds issued in anticipation of the levy and collection of the special assessments.

Section 7. The assessment to be levied shall be paid in annual installments as determined by the company supplying the lighting energy.

Section 8. The Director of Public Safety and Service, or his designee, is hereby authorized and directed to prepare an estimate showing the estimated assessment amount to be paid by each such lot or parcel of land. Those estimated assessments shall be based upon the estimate of cost of the total improvement previously filed with the Assessment Clerk and shall be prepared

pursuant to the provisions of this Resolution. Said estimated assessments shall be filed in the Office of the Assessment Clerk. When that has been accomplished, a newspaper of general circulation once a week for two (2) consecutive weeks and to mail notice of the adoption of this Resolution to the owners of the lots affected hereby by regular mail. The Clerk of Council isinstructed to cause a copy of this Resolution to be filed with the Montgomery County Auditor within fifteen (15) days from the passage hereof.

Section 9. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of public peace, health, safety and welfare and for the further reason thatit is necessary in order to provide electric service to the affected streets; therefore, this Resolution shall be effective immediately upon its adoption by Council.

Passed by Council on the ______ day of _____________ , 2013;______ Yeas; ______ Nays.

AUTHENTICATION:

Clerk of Council Mayor

Date Date


ZC 13-17 - Lot Split, Rezoning and Basic Development Plan - Music Center - Executive BoulevardSubmitted By: Margaret MuhlDepartment: PlanningCouncil Committee Review?: Public Works CommitteeDate(s) of Committee Review: 06/04/2013



InformationAgenda Item Description or Legislation Title- ZC 13-17 - Lot Split, Rezoning and Basic Development Plan - Music Center - Executive Boulevard

Purpose and BackgroundThe City of Huber Heights proposes to build a 4,500 fixed-seat covered music center as the first step in developingThe Heights. Therefore, the City is purchasing approximately 32.5 acres of land on the south side of ExecutiveBoulevard to the west of Meijer. There will eventually be a multitude of uses on this site which will require arezoning to Planned Mixed Use. The lot split is from the existing 42.4 acre Meijer property which is part of the landpurchased by the City.

The applicant, the City of Huber Heights is requesting approval for a lot split, a Basic Development Plan, andrezoning of property located on the south side of Executive Boulevard, further described as part of Parcel ID #P7001820 0005 on the Montgomery County Auditor's Tax Map from Planned Employment Park District (PEP) to PlannedMixed Use District (PM) (ZC 13-17).

Fiscal Impact



AttachmentsStaff ReportDecision RecordSite Map

1

MemorandumStaff Report for Meeting of May 28, 2013

To: Huber Heights City Planning Commission

From: Scott Falkowski, Assistant City Manager

Date: May 22, 2013

Subject: ZC 13-17 – Recreation Facility at the Heights – Lot Split and Rezoning from PEP to PM and Basic Development Plan

Department of Planning and Development City of Huber Heights

APPLICANT/OWNER: City of Huber Heights

DEVELOPMENT NAME: Recreation Facility at the Heights

ADDRESS/LOCATION: Executive Boulevard

ZONING/ACREAGE: Planned Employment Park (PEP) – 11.764 Acres

EXISTING LAND USE: Vacant

ZONINGADJACENT LAND: Planned Employment Park (PEP)

REQUEST: The applicant requests approval of a lot split andrezoning of the property in question to PM – Planned Mixed Use District. As a part of the PUD rezoning application, the applicant is also requesting approval of a Basic Development Plan for the site.

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Overview:

The City of Huber Heights proposes to build a 4500 fixed-seat covered Music Center as the first step in developing the Heights. In this first step, the City is purchasing approximately 32.5 acres of land on the south side of Executive Boulevard to the west of Meijer. There will eventually be a multitude of uses on this site which requires a rezoning to Planned Mixed Use. The lot split is from the existing 42.4 acre Meijer property which is part of the purchase by the City.

STAFF ANALYSIS:

Uses

The applicant is proposing a mixture of uses for the site that require the site to be rezoned to a Planned Mixed Use District. There is a mixture of commercial, office, public, and residential uses being proposed by the applicant. The proposed legislation clarifies that certain retail commercial uses should be excluded from the PUD. These include gas stations, convenience stores, and others that can be grouped under the commercial establishment umbrella, but have a tendency to exhibit adverse secondary effects such as excessive traffic generation, unsightly display of merchandise, etc.

Site Plan

The proposed site plan places the Music Center on the western portion of the site, but centralized with the Hotel/field house to create more of a sense of place at the center of the site. The parking will wrap around the outside of the buildings. There is a pedestrian concourse outside of the Music Center. This will give the ability to have other events at the site, not just concerts and other presentations. Service and loading will be at the rear of the facility. This area will allow for staging of buses, trucks or equipment. The hotel/field house will be located at the eastern side of the property. This positioning provides great visibility to the highway and easy access from Brandt Pike via Executive Boulevard. The outlot buildings will be located at the front of the property for ease of access.

Building Architecture

All exterior walls shall be 100% masonry materials as per City Code 1181.24(b)(1). All buildings in this PUD shall be architecturally finished on all sides utilizing four-sided architectural design so that there will be no apparent rear of any building, as determined by the City. All buildings shall have a minimum of three distinct building materials from the approved list with secondary materials covering a minimum of ten percent (10%) of the total building façades. All buildings shall have a minimum of 50 percent (50%) brick (matching the color and style of the Music Center) on the front façade of the building. Window walls shall be considered windows by the City Code.

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General Parking

Section 1185.12 requires the following for the entire masterplan:

Total Masterplan Parking AnalysisStandard Capacity Required

Music Center 1 sp/4 seats 4500 seats 1125Recreation

Center 1 sp/250 s.f. 60,000 s.f. 240

Hotel1 sp/room + 1 sp/ 3

employees130 rooms – 50

employees 147

Restaurant1 sp/2 seats + 1 sp/2

employees100 seats – 30

employees 65 (2)Specialty Retail 1 sp/200 s.f. 25,000 s.f. 125 (2)

total 1892supply 2000 +/-

With the uses proposed for this site, there is the opportunity for shared parking. The Music Center will only be used for approximately 40-50 events a year. At other times all the parking spaces would be available for other uses. Staff feels that there is ample parking available at this site.

Engineering

There are many Engineering aspects to this proposal. A traffic study has been performed and no major changes have been recommended. As the Heights develops, the study will be updated and recommendations will be brought back to the Commission. The site is graded to flow from west to east. There is an existing retention pond located at the west end of the Meijer Property which was designed to handle future development on this property. Verification calculations will be provided at the Detailed Development Stage. Site utilities are located along Executive Boulevard and will be extended for each use. There is adequate capacity of those utilities to handle all of the proposed uses. All utilities shall be placed underground and all utility boxes shall be visually screened from streets and adjacent property. Another main concern for the placement of the Music Center is traffic circulation onsite. Six new curb cuts are being proposed along with interior drives to provide adequate access to and from the facility.

Fire Comments

The Fire Department has been involved in the planning process and will provide a full review at the Detailed Development stage.

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Landscaping

The concept plan shown provides an initial landscape design that covers the buildings and parking lots heavily. Landscaping will be a key component of noise reduction at the site. Also, a park-like setting is intended to be created by this facility. As part of the agreement for the sale of the land, there will also be a 10 foot landscaped buffer along the existing Meijer driveway. Street trees shall be required along Executive Boulevard per City Code 1179.07(d). (One tree per 40 feet of frontage, four feet outside of the right-of-way.) Further details will be provided at the Detailed Development Plan stage.

Tree Preservation

There are two conservation easements located on the property that calls for treepreservation. Those locations are along I-70 and also a patch located along Executive Boulevard near the Meijer drive entrance.

Signage:

Signage shall consist of a multitude of types including wall signs, monument ground signs, and highway signs. The details of the signage, and a signage package, will be finalized at a Detailed Development Plan stage of approval.

Recommendation:

After review of the applicant’s proposal, staff recommends approval of the lot split and Rezoning, and the Basic Development Plan in accordance with the conditions contained in the proposed legislation.

Planning Commission May 28, 2013 Meeting City of Huber Heights

I. Chair Terry Walton called the meeting to order at approximately 7:00 p.m. II. Present at the meeting: Mr. Layton, Ms. LaGrone, and Mr. Walton. Members Absent: Mr. Rodriguez and Mr. Wilson. III. Opening Remarks by the Chairman and Commissioners

Mr. Walton congratulated Ellen LaGrone for being the 2013 Outstanding Senior Citizen of the City of Huber Heights.

IV. Citizens Comments None. V. Swearing of Witnesses

Mr. Walton explained the proceedings of tonight’s meeting and administered the sworn oath to all persons wishing to speak or give testimony regarding items on the agenda. All persons present responded in the affirmative.

VI. Pending Business

None.

VII. New Business

1. BASIC DEVELOPMENT PLAN/REZONING/LOT SPLIT – The applicant, THE CITY OF HUBER HEIGHTS, is requesting approval of a Basic Development Plan, a Rezoning from Planned Employment Park (PEP) to Planned Mixed Use (PM) and a Lot Split for part of Parcel P70 01820 0005 located on the south side of Executive Boulevard (ZC 13-17).

Scott Falkowski stated this is part two of the rezoning for the Music Center site. Previously, this Commission approved the 22 acres to the west on Executive Boulevard. This is a piece of the Meijer site itself. The 11.8 plus or minus acres included in this is what Meijer is selling to the City. There is a total of approximately 33.8 acres involved in the purchase by the City. This piece would have the Good Sports facility on it, including some outlot potential. Mr. Falkowski referred to the drawing being shown and stated that the jog represented the existing detention basin for Meijer and for this site. Originally, Meijer designed that to handle the entire site. Part of the engineer’s charge is to check the numbers and make sure things still fit or if modifications should occur. He added that part of the agreement with Meijer is that the City is allowed to go in and upgrade the detention basin. Meijer wants to retain that piece of property, and not include it in the sale.

Planning Commission Meeting May 28, 2013

2

Mr. Falkowski stated that next to the detention basin is the monument sign for Meijer which they have retained control of, and the access to it. The City is looking to close on the property in mid-June. A lot split is required to do that. The rezoning to Planned Mixed Use will allow the following uses:

Entertainment venues Hotels Colleges, schools, and libraries Professional offices, including medical, dental, and clinics Restaurants Banks or other financial institutions Public Facilities Recreational Uses Multi-family residential dwellings Public garages Retail commercial establishments, excluding gas stations, convenience

stores, motor vehicle repair shops, car washes, or other commercial uses exhibiting similar characteristics of the aforementioned excluded uses as determined by the Planning Department.

Mr. Falkowski stated a question was raised at the City Council meeting regarding whether this site would house the new library. There is no plan at this time, but there are other types of libraries that could be at this site. The option is available. All exterior walls of the buildings will be 100% masonry material per City Code. Due to the fact this will front on Executive Boulevard and I-70, the building will have four-sided architecture. When the Detailed Development Plan for the Music Center comes through, it will contain the color and style of the brick to be incorporated on all buildings. Each of the buildings will contain three distinct types of building materials from the approved list per City Code. Mr. Falkowski stated the rezoning is subject to the transfer of the property to the City. If for some reason the deal does not go through, the district would remain Planned Employment Park. He did not believe that would be the case. There is a plan for an excess amount of parking over and above what is required by Code. This also would be shown in the Detailed Development Plan. Landscaping would be more than required by Code also. One of the items for the Music Center itself is to have trees around it to assist in reducing noise both into and out of the facility. The outlots and the Good Sports Facility site would be heavily landscaped per City Code. Mr. Falkowski stated there are adequate utilities at the site and had been included when Executive Boulevard was created. Sanitary, water, and the storm system were all constructed, along with fiber and gas.


3

Mr. Layton referred to the easements in the area, along with the trees surrounding several of the outlots. Mr. Falkowski stated that the concept plan shows what could happen. The green to the east of the “yellow buildings” shown on the plan is in the conservation easement area. There is the opportunity to the west for two outlots. No buildings or parking is permitted in the easement areas. The other easement is located along I-70. Mr. Layton stated it was not clear on the plans where the easements ended going west. Mr. Falkowski stated that the easement shown on the platted survey is clearer as to location. Mr. Falkowski reiterated that the Detailed Development Plan will show the location of the buildings and lot lines. Mr. Layton referred to the six curb cuts and asked if the street would be widened. Mr. Falkowski stated that further down there is a middle lane. He stated the traffic study is presently being updated to possibly include a drop-down turn lane. This also would be included on the Detailed Development Plan. The latest drawings show the possible removal of one of the curb cuts at the middle aisle in the furthest parking lot. Mr. Layton asked about the possible bicycle lanes to be included at the site. He believed that children would use it to go to the sports center, and it should be included in the Detailed Development Plan. Mr. Falkowski explained that when the last section of Brandt Pike had been widened, a bicycle path had been included that ran from the County line to the YMCA. Eventually, the plan is to continue down Brandt Pike to Executive Boulevard to the subject site. He added that the City is researching grant funding for this type of thing. He also stated that due to the traffic on Executive Boulevard and Brandt Pike, it would not be feasible to having bike paths right on the street. It would be done in the right-of-ways where sidewalks are normally placed. Action Mr. Layton moved to approve the request by the applicant, The City of Huber Heights, of a Basic Development Plan, a Rezoning from Planned Employment Park (PEP) to Planned Mixed Use (PM) and a Lot Split for part of Parcel P70 01820 0005 located on the south side of Executive Boulevard (ZC 13-17) in accordance with Staff’s Memorandum dated May 22, 2013, and the Planning Commission Decision Record attached thereto. Seconded by Ms. LaGrone. Roll call showed: YEAS: Mr. Layton, Ms. LaGrone, and Mr. Walton. NAYS: None. Motion to approve carried 3-0. Mr. Walton asked what the next step involved. Mr. Falkowski explained that the case will go before the Public Works Committee on June 4, 2013 for discussion, and then on to City Council on June 10, 2013 for final approval.


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Ms. LaGrone asked when information would be submitted by Good Sports. Mr. Falkowski stated he has had discussion with that group, and they are presently working with the architects to finalize the plans. He was told that more could be coming through within the next few weeks. He felt a submittal might occur some time in July. 2. FINAL PLAT – The applicant, DEC LAND CO I LLC, is requesting

approval of a Final Plat for Section 9, Phase 1 of the Carriage Trails Development (AC 13-16).

Scott Falkowski stated the Detailed Development Plan for Section 9, Phase I of the Carriage Trails Development came before this Commission in October, 2012. There were 20 single-family lots, along with one open space area, which met the requirements of the 2008 Basic Development Plan. This is required before lots could be sold, along with recording at Miami County. This section is located on the north side of the Parkway. This is the start of 70’ lots. The north side would now contain 60’ and 70’ lots. Engineering has reviewed the plans and have no objections. Ms. LaGrone referred to some comments made by the Fire Marshal. She continued stating that an interesting comment related to 20’ no parking. She believed that meant that streets were not being built wide enough. Mr. Falkowski stated that discussion has been going on between Engineering and the Fire Department for some time. A typical city street section is 27’ back-to-curb to back-to-curb. A fire lane is 20’. Their determination is that any street is a fire lane because such lane has access to any building and structure. All along, it has been that parking could occur on both sides of the street. In taking the average width of a car that would limit the area. Problems occur when there are tight turns, and a fire truck has to maneuver or encounter oncoming traffic. There are difference of opinions in how this issue is reviewed. There is a recommendation from the Fire Department at this time that the developer could assign one side of a street for “no parking.” Mr. Falkowski referred to the senior living facility at Carriage Trails, and how there is no parking on one side of the street. Those are private streets in that area. He added that Section 5 of Carriage Trails has no parking on both sides of the street due to a tight radius. Ms. LaGrone stated that recently she was in California, and their streets were much wider. Mr. Falkowski stated there is argument for both sides. Some say it is better so emergency vehicles can get through, but it is not environmentally friendly because of all the pavement getting flushed into the storm system. There are ways to mitigate that. The cost is greater in building such wide streets also. Mr. Falkowski stated that certain areas, such as schools, are looked at more closely in such matters.


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Ms. LaGrone reiterated that the signage was an interesting point. She also sees that as a recommendation. Mr. Falkowski stated that some of the streets in the southern part of the City were only 25’ in width. It is hard to go back and make changes. This is an ongoing discussion, and there are good and bad points. It is not just an environmental or cost issue, but it relates to safety also. Ken Conaway stated that he has worked many places before coming to Huber Heights, and the City’s Engineering Department works closely with the developers. This is what helps to keep development coming to Huber Heights. Fire Departments see things from a certain point, and what they want in a development is not always feasible in regard to cost. Some of the items are detriments to development. He reiterated that Scott Falkowski was good to work with in these matters. He stated they try to be cooperative and cost effective. He referred to the radius in Section 5. Mr. Conaway stated that there are 365 total lots once they plat Section 9. He stated that 265 lots are sold. This means there are homes being built or already built on the 265 lots. He explained that 15 of the remaining lots have been pre-sold. There is an actual inventory of 85 lots. Sixteen lots were sold last month. He stated that Section 2/1 and Section 10/2 will be submitted shortly. This rounds out the competition and gives Inverness 70’ lots. Every builder in Carriage Trails now has 60’ and 70’ lots. It is interesting to see how each builder is honing their product on those lots. Aspects of the market that were being missed are now being addressed. He stated that MI Homes is struggling with their 60’ lots and trying to fit in due to Inverness having such a good foothold on those lots. Inverness will do well with the 70’ lots and have a number of lots already sold. Mr. Layton referred to the easements on the drawings. Mr. Falkowski stated that south of Buttonbush Street and in between Carriage Trails Parkway and Buttonbush, there is an existing public access easement which contains the mounding. Behind that, the green space lot, there is a drainage easement area. Water will drain into it, and then routed over the existing retention pond that is there as well. There is a detention basin included in that area. Mr. Layton referred to a drainage area near Lakeside Street. Mr. Falkowski stated that easement is for storm sewer piping that goes to the existing pond. Mr. Layton asked about a green area to the west. Mr. Falkowski explained it was part of the green space for the entire development. Mr. Conaway reiterated there were 130 acres of green space in the development. Action Ms. LaGrone moved to approve the request made by the applicant, DEC Land Co I LLC, of a Final Plat for Section 9, Phase 1 of the Carriage Trails Development (ZC 13-16) in accordance with Staff’s Memorandum dated May 22, 2013, and the Planning Commission Decision Record attached thereto.


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Seconded by Mr. Layton. Roll call showed: Ms. LaGrone, Mr. Layton, and Mr. Walton. NAYS: None. Motion to approve carried 3-0. Mr. Walton asked about the next step for the applicant. Mr. Falkowski stated they had to record the plat with Miami County.

VIII. Additional Business

Ms. LaGrone thanked Terry Walton for his input regarding her participation on the Planning Commission in connection with the award she recently received.

IX. Approval of the Minutes

Without objection the minutes of the May 14, 2013 Planning Commission meeting were approved.

X. Reports and Calendar Review Mr. Falkowski stated that at the next meeting there would be approximately six cases. One is a request for a rezoning on Powell Road. It is an old office building being rezoned to residential. The property will go to PR (Planned Residential) instead of R-4 because there is a large parking lot. Another case is a minor change for Big Lots involving signage and façade modifications. This would be located in the North Heights Shopping Center. The store would be to the north of H. H. Gregg. Another case is a Final Plat for Carriage Trails Section 5, Phase 2. There is a request for a Minor Change for Arby’s on Brandt Pike involving sign relocation and façade modifications. Their look is being updated. Eventually, they will redo the restaurant on Old Troy Pike. There will also be Detailed Development Plans for Section 2, Phase 1 and Section 10, Phase 2 of Carriage Trails.

XI. Adjournment

There being no further business to come before the Commission, the meeting was adjourned at approximately 7:33 p.m.

__________________________________ _____________________________ Terry Walton, Chair Date

___________________________________ _____________________________ Margaret A. Muhl, Administrative Secretary Date

ZC-13-17 Resolution

1

Planning Commission Decision Record

WHEREAS, on May 2, 2013 the applicant, City of Huber Heights, requested approval of a Lot Split, Basic Development Plan and Rezoning of the property located on the south side of Executive Boulevard, further described as part of parcel # P70 01820 0005 on the Montgomery County Auditor’s Tax Map, from PEP – Planned Employment Park District to PM – Planned Mixed Use District, (Zoning Case 13-17), and;

WHEREAS, on May 28, 2013, the Planning Commission did meet and fully discuss the details of the request.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends approval of the request.

________ moved to recommend approval of the request made by the applicant, City of Huber Heights, for a Lot Split, Basic Development Plan and Rezoning of the property located on the south side of Executive Boulevard, further described as part of parcel # P70 01820 0005 on the Montgomery County Auditor’s Tax Map, from PEP – Planned Employment Park District to PM – Planned Mixed Use District, (Zoning Case 13-17), in accordance with the recommendation of Staff’s Memorandum dated May 22, 2013, with the following conditions:

1. The following uses shall be those that are permitted within the PM – Planned Mixed Use PUD in question:

Entertainment Venues

Hotels

Colleges, schools, and libraries

Professional offices, including medical and dental clinics, and offices

Restaurants

Banks or other financial institutions

ZC-13-17 Resolution

2

Public facilities

Recreational Uses

Multi-Family Residential Dwellings

Public garages

Retail commercial establishments, excluding gas stations, convenience stores, motor vehicle repair establishments, car washes, or other commercial uses exhibiting similar characteristics of the aforementioned excluded uses as determined by the Planning Department.

2. The approved Lot Split and Basic Development Plan shall be the drawings stamped as received by the Planning and Development Department on May 2, 2013, except as modified herein.

3. The approved conceptual building elevations for the Music Center at the Heights shall be those stamped as received by the Planning and Development Department on April 16, 2013, except as modified herein. The building and future buildings shall be designed in conformance with the approved conceptual elevations and utilize appropriate masonry materials approved by the Planning Commission at a Detailed Development Plan stage of approval.

4. All exterior walls shall be 100% masonry materials as per City Code 1181.24(b)(1). All buildings in this PUD shall be architecturally finished on all sides utilizing four-sided architectural design so that there will be no apparent rear of any building, as determined by the City. All buildings shall have a minimum of three distinct building materials from the approved list with secondary materials covering a minimum of ten percent of the total building façades. All buildings shall have a minimum of 50 percent (50%) brick (matching the color and style of the Music Center) on the front façade of the building. Window walls shall be considered windows by the City Code.

5. The rezoning shall be subject to the transfer of the property to the City of Huber Heights, Ohio.

6. Prior to the issuance of a zoning permit, the applicant shall obtain approval of a final subdivision of the subject property for the purpose, but not the sole purpose, of establishing all necessary public easements on the subject property.

Seconded by ________. Roll call showed: YEAS: ____. NAYS: ____. Motion to approve/deny carried ____.

__________________ _______________Terry Walton, Chairman DatePlanning Commission

THE HEIGHTS PREL IMINARY CONCEPTUAL MASTER PLAN HUBER HE IGHTS , OHIO - APR IL 16 , 2013

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KE

LEGEND

OFFICE

MIXED-USE

MULTI-FAMILY RESIDENTIAL

ENTERTAINMENT

HOSPITALITY

GREEN SPACE

SFalkowski

Polygon

CITY OF HUBER HEIGHTS STATE OF OHIO

ORDINANCE NO. 2013-O-

TO APPROVE A LOT SPLIT, BASIC DEVELOPMENT PLAN, AND REZONING OF THE PROPERTY LOCATED ON THE SOUTH SIDE OF EXECUTIVE BOULEVARD FROM PLANNED EMPLOYMENT PARK (PEP) TO PLANNED MIXED USE (PM) FURTHER DESCRIBED AS PARCEL ID NUMBER P70 01820 0005 ON THE MONTGOMERY COUNTY AUDITOR’S TAX MAP (ZONING CASE 13-17), AND DECLARING AN EMERGENCY. WHEREAS, the Citizens of Huber Heights require the efficient and orderly planning of land uses within the City; and WHEREAS, the City Planning Commission has reviewed Zoning Case 13-17 and on May 28, 2013 recommended approval by a vote of 3-0 for the Lot Split, Basic Development Plan and Rezoning; and WHEREAS, the City Council has considered the issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of Huber Heights, Ohio that: Section 1. The application requesting approval of a Lot Split, Basic Development Plan, and Rezoning from Planned Employment Park (PEP) to Planned Mixed Use (PM) for property located on the south side of Executive Boulevard, and further described as Parcel Number P70-01820-0005 on the Montgomery County Auditor’s Tax Map (Zoning Case 13-17) is hereby approved in accordance with the Planning Commission’s recommendation and following conditions:

1. The following uses shall be those that are permitted within the PM – Planned Mixed Use PUD in question:

Entertainment Venues Hotels Colleges, schools, and libraries Professional offices, including medical and dental clinics, and offices Restaurants Banks or other financial institutions Public facilities Recreational Uses Multi-Family Residential Dwellings Public garages Retail commercial establishments, excluding gas stations, convenience stores,

motor vehicle repair establishments, car washes, or other commercial uses exhibiting similar characteristics of the aforementioned excluded uses as determined by the Planning Department.

2. The approved Lot Split and Basic Development Plan shall be the drawings stamped as received by the Planning and Development Department on May 2, 2013, except as modified herein.

3. The approved conceptual building elevations for the Music Center at the Heights shall

be those stamped as received by the Planning and Development Department on April 16, 2013, except as modified herein. The building and future buildings shall be designed in conformance with the approved conceptual elevations and utilize appropriate masonry materials approved by the Planning Commission at a Detailed Development Plan stage of approval.

4. All exterior walls shall be 100% masonry materials as per City Code 1181.24(b)(1). All buildings in this PUD shall be architecturally finished on all sides utilizing four-sided architectural design so that there will be no apparent rear of any building, as determined by the City. All buildings shall have a minimum of three distinct building materials from the approved list with secondary materials covering a minimum of ten percent of the total building facades. All buildings shall have a minimum of 50 percent brick (matching the color and style of the Music Center) on the front façade of the building. Window walls shall be considered windows by the City Code.

5. The rezoning shall be subject to the transfer of the property to the City of Huber

Heights. 6. Prior to the issuance of a zoning permit, the applicant shall obtain approval of a final

subdivision of the subject property for the purpose, but not the sole purpose, of establishing all necessary public easements on the subject property.

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. Section 3. This Ordinance is hereby declared to be an emergency measure in order to provide for the immediate protection of the public peace, health, safety and welfare of the community, and for the further reason that the rezoning will allow for the expeditious development of the area for the promotion of commercial activity; therefore, this Ordinance shall be in full force and effect immediately upon its adoption by Council. Passed by Council on the ______ day of _____________ , 2013; ______ Yeas; ______ Nays. AUTHENTICATION: Clerk of Council Mayor Date Date


Food Truck and Mobile Food Vendor ZoningSubmitted By: Scott FalkowskiDepartment: PlanningCouncil Committee Review?: Public Works CommitteeDate(s) of Committee Review: 06/04/2013

Audio-Visual Needs: None Emergency Legislation?: No


InformationAgenda Item Description or Legislation Title- Food Truck and Mobile Food Vendor Zoning

Purpose and BackgroundThis discussion is the first step in creating Zoning Code changes and regulations for food trucks and mobile foodvendors which have been requested more often lately in the City.

Fiscal Impact



AttachmentsRequirements

A 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. This ordinance does not apply to ice cream trucks. Private Property The proposed ordinance would allow mobile food trucks to operate on private property with the permission of the property owner in the city’s industrial (I), business (B), mixed use (MU), districts. However, mobile food vehicles operating on private property in the above zone districts would be required to maintain a minimum separation of 200 feet from any existing brick and mortar restaurants, and 150 feet from residential zone districts. In addition, such vehicles would also be required to maintain a minimum separation of 200 feet from any other mobile food vehicle.

Public Property The proposed ordinance would not permit mobile food vehicles to operate in the city’s right-of-way. Operation in residential zones and city parks are prohibited unless permitted as a part of an organized special event.

Operational Requirements The proposed ordinance establishes a number of operational requirements for mobile food vehicle sales on private property and public locations. No person who operates any mobile food vehicle on public property or private property shall: • 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; • 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; • 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; • • fail to park legally; • • operate before 8 a.m. or after 9 p.m. and for more than a maximum of 4 hours at any one approved location; • set up any structures, canopies, tables or chairs; • sell anything other than food and non-alcoholic beverages; • provide amplified music; • 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; • fail to have the vehicle attended at all times; • fail to permanently display to the public in the food handling area of the mobile food vehicle the permit authorizing such use; • fail to provide trash receptacles and properly dispose of all trash, refuse, compost and garbage that is generated by the use; • cause any liquid wastes used in the operation to be discharged from the mobile food vehicle; • fail to abide by all other ordinances of the city. Mobile food vehicles sales that are part of an approved organized event are exempt from the requirements above but will be subject to other conditions imposed in connection with the event. Those conditions will be identified in the special event permit process and guided by the following criteria found in subsections

Before issuing a permit under this section the city manager shall:

• 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; • 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 the mobility of pedestrians; • 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.

Licensing The general licensing provisions of XXXXX shall apply to mobile food vehicle sales licenses. An individual or entity that wishes to operate a mobile food vehicle in the city must first obtain a County Health Department license and city sales tax license. They may then apply for a mobile food truck vehicle license (see Attachment X) through the city’s Zoning department. The applicant must provide proof of a valid driver’s license, vehicle registration, motor vehicle insurance, and liability insurance. The application is reviewed by the Planning Department and then routed to the licensing department for approval or denial of the license. The cost of a mobile food vehicle license is $200 and the license must be renewed annually. The cost for a renewal is $200. As a condition of accepting the license, 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 agents and employees in the performance of or failure to perform its obligations under the license.

4-18-2 Public Property Use Permits. (a) No person shall 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 under this section.

Section X. Chapter X Fees is amended by the addition of a new subsection XXXX to read:

XXXX. Mobile Food Vehicle Sales. (A) An applicant for a mobile food vehicle permit shall pay a $200 application fee and a $200 renewal fee per year.

(B) No person shall operate a mobile food vehicle sales use without a permit or in violation of the

conditions of a permit. The permit will be valid for 12 consecutive months, or such other time as the city manager may by rule designate. Such application shall meet the following requirements: i. provide proof of and maintain a valid driver’s license, vehicle registration, and current motor vehicle insurance; ii. provide proof of and maintain an Ohio Retail Food license for a mobile unit; iii. provide proof of and maintain a valid sales use tax license; iv. provide payment of the fee prescribed by section XXXX. (C) As a condition of accepting the permit, applicant shall sign an agreement, in a form acceptable to the city manager in which the applicant agrees to to meet all requirements under this section and chapter XXXX and assume responsibility for the actions and omissions of its agents and employees in the performance of or failure to perform its obligation under the permit.

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