~tQ'/, Q'f\\0 City of Troy

us~ TROY CITY COUNCIL

COMMITIEE MEETING NOTICE COUNCIL CHAMBERS, CITY HALL

l 00 S. MARKET STREET, TROY, OHIO

Revised June 27, 2014 to add additional Committee

MONDAY, JUNE 30, 2014, 5:00 PM

Law & Ordinance Committee (Schweser [Chm.], Phillips, Snee)

1. Provide a recommendation to Council regarding Ordinance No. 0-17-2014, amendments to the Zoning Code and Subdivision Regulations. Zoning Code amendments related to parking lot calculation in the M-2 and M-3 districts, using the lawn for parking, outdoor storage area in the M-2 zoning district, and provisions related to portable storage units. Subdivision Regulation amendments related to sidewalk width.

Recreation & Parks Committee (Heath [Chm.], Oda, Tremblay)

1. Provide a recommendation to Council regarding authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for a lighthouse for Treasure Island Park at a cost not to exceed $75,000, which project is funded by a grant from The Troy Foundation.

6-23-2014 Rev. 6-27-2014 cc: Council

Mayor Mr. Titterington Mr. Livingston Mr. Stickel Department Heads Chamber of Commerce Government Class Board of Education Media

LAW & ORDINANCE

COMMITTEE

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CITY OF TROY, OHIO

0-17-2014

AN ORDINANCE AMENDING SECTION 1119 OF THE SUBDIVISIOl\1 REGULATIONS AND SECTIONS 1151, 1155 AND 1143 OF THE ZONING CODE FOR THE CITY OF TROY, OHIO

WHEREAS, Council has reviewed Section 1119 of the Subdivision Regulations and

Section 1151, Section 1155 and Section 1143 of the Zoning Code for the City of Troy, Ohio, and

determined the appropriate changes are necessary.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio, as

follows:

SECTION I: That Section 1119.02(a) (8) of the Subdivision Regulations for the City of

Troy, Ohio is hereby repealed.

SECTION II: That Section 1119.02(a) (8) of the Subdivision Regulations for the City of

Troy, Ohio, as set forth below is enacted and adopted.

"111 9.02 STREET DESIGN STANDARDS. (a) (8) Sidewalks of not less than five (5) feet in width shall be provided on both

sides of all newly dedicated streets. Sidewalk improvements may also be required in all commercial and industrial subdivisions. Curb ramps that comply with all ADA and other Federal and State regulations are to be provided at the intersection of all sidewalks and all streets, as well as all T-intersecting streets . All sidewalks and curb ramps are to be constructed as per typical construction detail ."

SECTION Ill: That Section 1143.1 8(c) of the Zoning Code for the City of Troy, Ohio is

hereby repealed.

SECTION IV: That Section 1143.18(c) of the Zoning Code for the City of Troy, Ohio, as

set forth below is enacted and adopted.

"1 143.18 M-2 LIGHT INDUSTRIAL DISTRICT. (c) Permitted Accessory Uses. The following are permitted as accessory uses

subject to the provisions of Section 1151 .04 of this Zoning Code: ( 1 ) Refuse Dumpsters. (2) A structure or outdoor hard surface area for storage incidental to a

permitted use, provided that the outdoor hard surface area for storage does not exceed 10% of the area of the lot. All outdoor storage shall be on a hard surface.

(3) Off-street parking and loading as regulated in Sections 1153 and 1155 of this Zoning Code.

( 4) Any use which is customarily found in conjunction with principal use as approved by the Planning Commission."

SECTION V: That Section 1143.18(f) (1) of the Zoning Code for the City of Troy, Ohio is

hereby repealed.

SECTION VI: That Section 1143.18(1) (1) of the Zoning Code for the City of Troy, Ohio,

as set forth below is enacted and adopted.

"1143.18 llli-2 LIGHT INDUSTRIAL DISTRICT. (f) Bulk Regulations. All construction on any zoning lot in the "M-2" light Industrial

District shall provide for: ( 1) Maximum building lot coverage of eighty (80) percent."

SECTION VII: That Section 1151.08 of the Zoning Code for the City of Troy, Ohio is

hereby amended to add subsection (k) as follows:

"1151.0B TEMPORARY USES - AUTHORIZATION. (k) A portable storage unit may occupy a lot or premises as a temporary use

accessory to a principal permitted use for not more than 30 consecutive days. Notwithstanding the foregoing when the portable storage unit is being used to store personal property as the result of a calamity (e.g. fire, flood, or other event where there is significant property damage) or other extenuating circumstances, in which case the Zoning Administrator may extend the time period in accordance with the duration and frequency of the general provisions stated within this section. The following restrictions shall apply in all cases:

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ORDINANCE NO. 0 -17-2014 PAGE TWO

A portable storage unit shall be located on a hard surface, shall not be located within the public right-of-way, shall not be located nearer than ten feet to any public right-of-way, and shall not be located in a manner that creates a sight distance hazard, or otherwise obstructs vehicular or pedestrian use of a public facility.

A portable storage unit shall not exceed eight feet in height or eight feet in width or 16 feet in length.

A portable storage unit shall be securely locked at all times other than during actual loading or unloading of items being stored in the unit."

SECTION VIII: That Section 1155.0?(c) of the Zoning Code for the City of Troy, Ohio is

hereby repealed.

SECTION IX: That Section 1155.0?(c) of the Zoning Code for the City of Troy, Ohio, as

set forth below is enacted and adopted.

"11 55.07 GENERAL STANDARDS FOR OFF-STREET PARKING AREAS. (c) Access. Each off-street parking area shall open directly upon an aisle or

driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space, and which, except for single-family and two-family residences, does not require a vehicle to back into a street or highway. Such aisle or driveway shall not be used for parking of other vehicles, except that the driveway of a single-family or two-family residence may be counted as one (1) parking space for each dwelling unit. Parking shall not be permitted in established lawn areas."

SECTION){: That this Ordinance shall be effective at the earliest date allowed by law.

Adopted:-----------

Approved:-----------

Attest:-.,.---,---------­Clerk of Council

President of Council

Mayor

ro:

!FROM:

DATE:

SUBJJECT:

City of Troy _

MEMORA~DUM

Mrs. Baker, President of Council

Sue Knight

May 14, 2014

RIEPORT Of THE PLANNING COMMISSION - AMIENDMEfi\l!TS TO ZONING CODE AND

SUBD~VISIOI\! REGULATIONS

The Trov Planning Commission considlered recommending to Co11.0nci! amendments to 11:he Zoning Codie, Subdlivlsiorn IRegll.ftiatlons, and Sign Code. lo st.0mmarize the amendments:

Regarding the Zoning Code:

CD Section 1143.18 (f)(l), to increase from 50% to 80% the maximum !oft coverage for calculating all impervious surfaces in the M-2, Light Industrial Zoning Distract, and amend Section 1143.19 (f)(l) to increase from 60% to 80% the maximum lot coverage for calculating all impervious surfaces in the M-3 General Industrial Zoning District. lot coverage is calculated by taking a bird's eye view of the pmperty and cakllllating all impervious surfaces. This has proven to create a hardship for

industrial companies wishing to e>epand. Since parking cab.J!ations are based on the size of buildings, businesses are req1L1ired to expand their parking lots with aU building e>tpansions. This leaves very little room for companies to comply with 011Jr requirements. Staff has recommended this amendment.

Q) Section 1155.07(c), General Standards for Off-Street Parking Areas, reads " ... parking shall not be

permitted in established lawn areas of residential lots." Staff has recommended that the last

three words be removed so the language reads" ... parking shall not lbe permitted in lawn areas." This would! prevent parking in the lawn for all zoning districts (not just residential), which has been the intent of 011Jr ordinances for many years.

0 Section 11.6J3.18 (c)(2), regarding the M-2, light lndus1trial Zo111ing !District, is proposed to be amel/'l)ded to still allow for outdoor storage, but limit the area that can be used for storage.

Varion.1s businesses within the M-2 district have been increasing their areas of outdoor storage. To contrnl this activity, a language change to Section 1143.18 (c)(2) is proposed to read: "A stnnctlUlre or outdoor hard SIL!rface area for storage inddlentai to a permitted use, provided that the m.otrdloor hard slUrface area for storage does not exceed 10% of the area of the lot. Ali outdoor storiillge sha!~ be on a hard Sl.lirface.''

MEMO- PAGE TWO

e Section 1151.08 would be amended to include the below new language regarding portable storage units (aka POD). These units have become very popular, and Staff has recommended that it would be in the City's best interest to have requirements for the use and placement of a POD. As these units are temporary, a citizen wish ing to use a POD would need to first obtain a temporary use permit. The proposed language is:

"(k) A portable storage unit may occupy a lot or premises as a temporary use accessory to a principa l permitted use for not more than 30 consecutive days. Notwithstanding the foregoing when the portable storage unit is being used to store personal property as the result of a calamity (e.g. fire, flood, or other event where there is significant property damage) or other extenuating circumstances, in which case the Zoning Administrator may extend the time period in accordance with the duration and frequency of the general provisions stated within this section . The following restrictions shall apply in all cases:

A portable storage unit shall be located on a hard surface, shall not be located within the public right-of-way, shall not be located nearer than ten feet to any public right-of-way, and shall not be located in a manner that creates a sight distance hazard, or otherwise obstructs vehicular or pedestrian use of a public facility.

A portable storage unit shall not exceed eight feet in height or eight feet in width or 16 feet in length.

A portable storage unit shall be securely locked at all times other than during actual loading or unloading of items being stored in the unit."

Regarding Subdivision Regulations - Sidewalks:

Section 1119.02{a)(8) Street Design Standards, discusses criteria that must be met with new subdivisions and reads "Sidewalks of not less than five (5) feet in width shall be provided on both sides of all newly dedicated streets where a net density of two (2) or more dwelling units per acre has been approved ... "

Under Section 1121.02(f) Street Construction Standards, it states "Sidewalks, including handicap ramps at intersections and crosswalks, shall be required in all subdivisions and along all existing streets the entire length where the development abuts and existing street. Planning Commission may exempt sidewalks in industrial subdivisions."

These two paragraphs contradict each other. For clarification, staff recommends amending Section 1119.02(a}{8) to read: "Sidewalks of not less than five (5) feet in width shall be provided on both sides of all newly dedicated streets. where a net density of two (2) or more dwelling 1:1nits per acre has been appreveeL.".

Th is proposed amendment would make it clear that sidewalks are requ ired in all districts, unless specifically exempt under Section 1121.02(f).

MEMO - PAGE THREE

A copy of the staff recommendation considered by the Planning Commission is attached.

By unanimous vote, the Troy Planning Commission recommends the above amendments to Troy City Co uncil.

The item regarding the Zoning Code will require a public hearing by Counci l. A public hearing by the Planning Commission is optional, and the Commission determined not to hold a public hearing on the Zoning Code proposed amendments. Council's public hearing has been scheduled for the June 16 meeting. The legislation will be on the agenda for a first reading at the June 2 meeting pf Counci l.

This matter is forwarded herewith for consideration of Troy City Council.

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Aprill, 2014

Patrick Titterington, Director of Public Service & Safety

Tim Davis, Planning & Zoning Manager

Proposed Amendments to Various Ordinances

JOO South Mcr l:e l Street Troy. Ohio 4537.3

www.troyohio gov

p hone: (937) 339 -948 1

fox: (937\ 339-9341

tirn .davisl!!'lroyohio.gov

City staff is recommending three zoning code amendments, one amendment to the Subdivision Regulations, Sign Code, and On-Street Parking ordinances. With your blessing, I wiU place the following Zoning Code and Subdivision amendments on am upcoming agenda for the Planning Commission to review.

ZONING <CODE:

1) Lot Coverage is calculated by taking a bird's eye view of the property and calcu!atiirng all impervious surfaces. 1bis has proven to create a hardship for industrial companies wishing to expand. Since parking calculations are based on the size of buildings, businesses are required to expand their parking lots with all building expansions. This leaves very little room for companies to comply with our requirements. Staff suggests that an alteration be made to increase the maximum lot coverage. Specifically, increase the M-2 Light Industrial district lot coverage (section 1143.18(f)(l)) from 50% to 80% and increase the M-3 General Industrial district lot coverage (section l 143.19{f)(l)) from 60% to 80%.

2) In the parking section {l 155.07(c)), the last phrase states "parking shall not be permitted in established lawn areas of residential lots." We propose to remove the last three words so the language reads ... parking shall not be permitted in lawn areas. This would prevent parking in the lawn for all zoning districts (not just residential), which has been the intent of our ordinances for many years.

3) Various businesses within the M-2, Light-Industrial zoning district, have been increasing their areas of outdoor storage. To control this activity, a language change to section 1143.l 8{c)(2) is proposed. The new language would read: "A structure or outdoor hard surface area for storage incidental to a pennitted use, provided that the outdoor hard surface area for storage does not exceed 10% of the area of the lot. All outdoor storage shall be on a hard surface." This alteration allows for outdoor storage but limits the amount that is stored.

41) Portable on Demand Storage (PODS) units have becOm.e popular with our residents. It is in the City's best interest to place several requirements on these items. Since they are intended to be temporary, staff is recommending that a temporary use permit is obtained prior to a having a PODS. This could be done by adding the following language under Section 1151.08: (k) Portable storage units may occupy a lot or premises as a temporary use accessory to a principal permitted use for not more than 30 consecutive days. Notwithstanding the foregoing when the portable storage unit is being used to store personal property as the result of a calamity (e.g. fire, flood, or other event where there is significant property damage) or other extenuating circumstances, in which case the Zoning Administrator may extend the

Mr. Patrick Titterington re Various Code Changes April 1, 2014 - Page 2 of 2

time period in accordance with the duration and frequency of the general provisions stated within this section. The following restrictions shall apply in all cases:

(1) Portable storage units shall be located on a hard surface, shall not be located within the public right­of-way, shall not be located nearer than ten feet to any public right-of-way, and shall not be located in a manner that creates a sight distance hazard, or otherwise obstructs vehicular or pedestrian use of a public facility. (2) A portable storage unit shall not exceed eight feet in height or eight feet in width or 16 feet in length. (3) Portable storage units shall be securely locked at all times other than during actual loading or unloading of items being stored in the unit.

SUDNISXON RJEGULATIONS:

1) Section l l 19.02(a)(8) Street Design Standards, discusses criteria that must be met with new subdivisions and reads "Sidewalks of not less than five (5) feet in width shall be provided on both sides of all newly dedicated streets where a net density of two (2) or more dwelling units per acre has been approved ... "

Under section 1121.02(f) Street Construction Standards, it states .. Sidewalks, including handicap ramps at intersections and crosswalks, shall be required in all subdivisions and along all existing streets the entire length where the development abuts and existing street. Planning Commission may exempt sidewalks in industrial subdivisions."

These two paragraphs contradict each other. For clarification, staff recommends amending section I I I 9.02(a)(8) to read: "Sidewalks of not less than five (5) feet in width shall be provided on both sides of all newly dedicated streets. where a net density of two (2) or more d>nrelling units per aere has beeB: a13Pro¥ed ... " . This makes is clear that sidewalks are required in all districts, unless specifically exempt under l 121.02(f).

RECREATION & PARKS

COMMITTEE

I ·~· · ,~·. ,

TROY OHIO

MEMORANDUM

TO: Mrs. Baker, President of Council

FROM: Patrick E. J. Titterington

DATE: June 25, 2014

Patrick E. J. ntterington

100 S. Market Street

P. 0 . Box 3003

Troy, Ohio 45373

www.troyohio.gov phone: (937) 335-1725

fax: (937) 339-8601

patrick.titterington@troyohio.gov

SUBJECT: BIDDING AUTHORIZATION - LIGHTHOUSE FOR TREASURE ISLAND PARK

RECOMMENDATION: That Council authorizes the Director of Public Service and Safety to advertise for bids and enter into a contract for a lighthouse for Treasure Island Park at a total cost not to exceed $75,000.

BACKGROUND: The Troy Foundation provided a grant in the amount of $80,000 to the City to have a lighthouse placed at Treasure Island Park to commemorate the Bicentennial. For many years, a lighthouse had stood on the bank of the Great Miami River at Treasure Island Park, but it had to be removed around 1980 when the structure deteriorated and became unsafe. The Troy Foundation has provided the resources to again have a lighthouse at this location.

The design has been completed for a pre-fabricated lighthouse (see attached rendition). The City Engineer has estimated that the cost of the lighthouse would not exceed $75,000. After a contract is awarded, the fabrication process should take about two months. Separately the City would authorize a contractor or contractors to pour the foundation and erect the lighthouse as these services would not be provided by the fabricator. The foundation and installation work would be funded from the remaining grant funds.

REQUESTED ACTION: It would be appreciated if you would assign to a Committee of Council the subject of considering authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for a lighthouse for Treasure Island Park at a cost not to exceed $75,000.

encl. cc: Mayor Beamish

D. Swan S. Kegley

City of Troy Engineering Department

TO: Patrick E.J. Titterington, Director of Public Service and Safety

FROM: Deborah Swan, P.E., City Engineer

SUBJECT: Authorization to bid Lighthouse at the Treasure Island

DATE: June 25, 2014

Based on the grant from the Troy Foundation, staff has been working to complete the design of the lighthouse at Treasure Island. The design is not complete and we are ready to progress to bid the project.

The City received a grant in the amount of $80,000 for this project. We will be purchasing a pre-fabricated lighthouse and then having a foundation built and the lighthouse erected on the foundations. Fabrication for the lighthouse will take about six to eight weeks. The cost of the lighthouse will not exceed $75,000.

Staff is requesting legislation be prepared to authorize the bidding and award of the Treasure Island Lighthouse at a cost not to exceed $75,000. Funds to be covered by a grant from The Troy Foundation.

Please let me know if you have any additional questions.

FOUNDATION WALL

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