" 8 Written Minutes - Planning Commission City of Hamilton July 16, 2020 @ 6:00 p.m. BUTLER COUNTY OHIO Council Chambers (via Zoom Webinar) First Floor, 345 High Street Hamilton, Ohio 45011
Shaquila Mathews Teri Horsley Dale McAllister David Belew Commission Member Commission Member Commission Member Commission Member Patrick Moeller Matthew VonStein Joshua Smith Mayor Commission Member City Manager
Lisa Sandlin Larry Bowling Alternate Alternate
Roll Call: | Bowling for Horsley Mathews McAllister Moeller Von Stein Vanderhorst Belew for Smith
x x X (entered Xx x x x at 6:20 pm)
Swearing in of Those Providing Testimony to the Commission: Notary Public Liz Hayden
Approvalof Meeting Minutes- Written summary and audio recording for the following dates: | 4. July 2, 2020 - written summary located at the end of the agenda packet. | | Approved by unanimousconsent. Old Business:
Agenda Item #1 (Old Business, Tabled June 4, 2020) - PublicHearing To be Tabled/Postponedat the July 16, 2020 meeting Two (2) requests pertaining to Multiple Properties zoned “B-3” (Central Business) located in GermanVillage, regarding a rezoning request to BPD (Business Planned Development). | 1) Change the zoning of properties from B-3 (Central Business) to BPD (Business Planned Development) 2) Amend the German Village Business Planned DevelopmentPlan & Neighborhood Vision Plan (City of Hamilton., Applicant) | Staff: Liz Hayden | Motion - 4) That the Planning Commission table the item to the September 17, 2020 meeting, to allow for continued input and meetings with German Village and the public. Motion: Moeller Second: Horsley Motion approved unanimously. .* Planning Department City of Hamilton 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45041 Business:
Agenda Item #4 - PublicHearing 2995 McBride Court - Major Amendmentto a Planned Development A request for a Major Planned Development Amendmentapproval to allow the construction of a manufacturing facility with office space. The site is located within an IPD (Industrial Planned Development) Zoning District, situated in the Hamilton Enterprise Park. (Erin Standen, per Miller Valentine Group, Applicant) Staff: Ed Wilson, AICP Staff Presentation:
Section A: Introduction and Background
Section A.1: Project Overview
Miller Valentine Group, on behalf of the City of Hamilton has submitted plans for Planning Commission review and approval of an amendmentto the approved Development Plan for Hamilton Enterprise Park. The subject property is zoned IPD (Industrial Planned Development) and requires Planning Commission review and approval for any proposed changesto the approved developmentplan. The submitted application pertains to a proposed corrugated box manufacturingfacility located at 2995 McBride Court. The applicant proposes construction of a one-story manufacturing facility with office space, on undeveloped, vacant land. (See Exhibit A, Location Map; and Exhibit B, Zoning Map).
The applicant and the City have been working together for the past few months on the preparation of the proposed construction, including multiple collaborations, and coordination of required site and utility work.
Section A.2: ExistingSite Conditions
The subject area is a 20.77 acre site located in the eastern portion of the Hamilton Enterprise Park, 2995 McBride Court. The site is currently vacant, undeveloped land. The surrounding area and land usesconsist of a health clinic campus,a distribution center, and a manufacturing facility.
The vacantland is current ownedby the City of Hamilton and is part of the Enterprise Park PD. Industrial businesses within the PD includes:
e 80 Acres e Synergy Flavors e Butler County Regional Transit e =Vinylmax LLC Authority (BCRTA) e M.A. Folkes e Neturen America Corp
The proposed industrial development would include a 352,000 squarefootfacility and two future additions: one (1) at the front, approximately 30,000 square feet and one (1) at the rear, approximately 94,000 squarefeet. City of Hamilton Seneee BUTLER COUNTY OHIO Hamilton, Ohio 45041 As part of the developmentproposal, the City is in the processof a utility relocation project. This is for the relocation of the existing sanitary and relocation of the existing drainage ditch and basin. These items will be relocated east of the 2995 McBride Court property.
Section B: Development Plan Review
Section B.1: Development Plan Overview - MajorAmendmentto the Development Plan
The site in question is located at 2995 McBride Court, an area of approximately 20.77 acres, located in the eastern, undeveloped portion of Hamilton Enterprise Park. (See Exhibit A, Location Map) The site, along with the rest of the enterprise park is currently zoned IPD (Industrial Planned Development)District. (See Exhibit B, Zoning Map)
The submitted application is for a one-story 352,646 square foot manufacturing building, with offices, manufacturing, warehousing, and distribution. The proposed manufacturing building includes two (2) parking areas for employees and customers,a trailer parking area with nine (9) spaces,several off-street loading areas, and two (2) detention basins for drainage.
The submitted plans also includes two (2) future addition areas, one (1) at the northern elevation of the building, and one (1) larger addition at the southern elevation of the building. The applicant has provided no official timeline for developmentof the two (2) building additions or future building phasesof the project.
The specifics of the proposal are discussedin greater detail in the section below.
Section B.1.2 Site Plan andArchitectural Characteristics (Exhibit C & Exhibit D)
The submitted developmentplan indicates the following information:
4. Site Plan & Overall Proposal: ° One (1) one-story manufacturingfacility, measuring 352,646 square feet. = 39’ 6”feet in height (overall); 81’ feet in height (metal panel portion) = The northern and northwestern portion of the building are storefront and office areas. = The remainderof the building (center and southern portion of the building) is the manufacturingfacility proper. ° Two(2) parking lots. 100 parking spacestotal for the facility. ° One (1)trailer parking lot with nine (9) spaces. ° Two (2) detention basins proposedfor drainage purposes.
2. Fagade Materials include:
Report continued on the next page
ie Page 3 City of Hamilton peasple BUTLER COUNTY OHIO Hamilton, Ohio 45041 Tilt-up concrete panels with painted stripes (the applicant elevation plan shows concrete panels with a light green stripe for the first floor and a dark green stripe for the upperfloor). Metal panel canopylocated at the storefront elevation of the building Storefront windowswill be used at the storefront portion of the building (west elevation and north elevation) - 17 windowstotal Clerestory Windowswill be used at the rear portion of the west elevation, and on along the southern elevation, second story - 24 windowstotal Insulated metal panel will be utilized for a portion of the western elevation. Prefinished overhead dock doors for the loading bays. " Eleven (11) total docks and bays on the westelevation = Ten (10) total docks and bays on the eastelevation = One (1) dock/bay door on the southern elevation There will also be a steel silo located on the east elevation.
3. Overall Access:
oO One (1) two-wayaccessapronto allow accessto the site.
Oo One (1) one-waydrive to provide accessto trailer parking and loading areas at the facility, with egress curb cut at the McBride Court cul-de-sac. One (1) new monumentsign located at the corner of McBride Court and Enterprise Park Drive.
4. Miscellaneous:
Oo Two (2) future additions proposed in a future phase: = One (1) building addition approx. 30,000 sq ft. located at the front. = One (1) building addition approx. 90,000 sq ft. located at the rear.
° Facility will have 55 employeesto start (estimated 66 by 2023). = Manufacturing shifts are 6 AM to 2 PM, MondaythroughFriday " Office shifts are 8 AM to 5 PM, Mondaythrough Friday
Report continued on the next page
Page 4 Cityity..ofof NartttonHamilton PlanningieeeeDepartment Section B.1.3 Landscaping
The submitted DevelopmentPlansindicate the following:
The majority of the landscaping is proposed at the McBride Court frontage and Enterprise Drive frontage near thestreet intersection. Landscaping consisting of primarily tree plantings is also proposedparallel along the Enterprise Park frontage and the MoserCourt frontage(rear of the property, along the street).
The specific landscaping counts include the following:
4; 170 Trees proposed a. Red Sunset Maple, nine (9) i. Eastern Redbud, fifteen (15) b. Redpoint Red Maple,five (5) j. Henry Hicks Sweetbay Magnolia, six (6) c. Sweetgum slendersilhouette,five (5) k. Harvest Gold Crabapple, six (6) d. Black Gum, five (5) |. Prairifire Crabapple, nine (9) e. London Planetree,three (3) m. Norway Spruce, (22) f. Scarlet Oak, two (2) n. White Pine, nine (9) g. Bald Cypress, eight (8) o. Royal Purple Smokebush,four (4) h. Frontier Lacebark Elm, fifteen (15) p. Keteleeri Juniper, (47)
2. 169 Bushesproposed (56.3 tree equivalents) a. Gold Thread Falsecypress, three (3) d. Grey Owl Juniper, (104) Gold Lace Juniper, eight (8) e. Everlow Yew,thirteen (13) Sea Green Juniper, (41)
3. 166 Perennials (flowering plants, grasses) proposed (27.6 tree equivalents) a. KnockOut Rose,eighteen (18) b. Goldflame Spirea, (49) c. Judd Viburnum, five (5) d. Wine & Roses Weigela, ten (10) e. Korean Feather Reed Grass,sixteen (16) f. Heavy Metal Switch Grass, ten (10) g. Prairie Dropseed, (26) h. Rozanne Geranium, eighteen (18) i. Catmint, fourteen (14)
Report continued on the next page
ee Page 5 City of Hamilton PlanningDepartment BUTLER COUNTY OHIO Hamilton, Ohio 45014
The landscaping plan proposes a combination of 254 Trees / Tree Equivalents.
e Per the Hamilton Zoning Ordinance (HZO) the developmentrequires 4 tree or equivalent per 5,000 square feet. 180 trees would be required for the proposal.
e The applicant exceedsthis by 74 trees/tree equivalents. e Municipal Arborist review The landscape plan was reviewed by the Municipal Arborist and the following comments have been provided concerning the landscaping plan: “Substitute Green Column Black Maple for the Red Sunset Maple. Red Sunset Maple are susceptible to insects, disease and micronutrient deficiencies in Butler County soils.
Redpointe Mapleis fine.
Slender Silhouette Sweetgum is fine.
Blackgum is fine. Substitute Exclamation London Plane for the Bloodgood LondonPlane. Bloodgood London Plane are susceptible to anthracnose disease and cankerdisease that kills the tree.
Substitute Chinkapin Oak for the Scarlet Oak. Scarlet has micronutrient deficiencies in the Butler Countysoils.
Bald Cypressis fine.
Plant only 12 Frontier Elm - Tree planting rule is no more than 10% of Species (12 Trees), 20% Genus (25 Trees) and 30% of family (37 Trees).
Add 3 Emerald Sunshine Elm trees.
Plant only 12 Eastern Redbud - Tree planting rule is no more than 10% of Species (12 Trees), 20% Genus (25 Trees) and 30% of family (37 Trees).
Add 3 Rising Sun Redbudtrees.
Henry Hicks Sweetbay Magnoliais fine.
Prairiefire Crabapple is fine.
Substitute Black Spruce for Norway Spruce. Norway Spruce are susceptible to spider mites, needle cast disease and cytospora canker disease. Plant only 11 Black Spruce.
Substitute White Spruce for Norway Spruce. Norway Spruce are susceptible to spider mites, needle cast disease and cytospora canker disease. Plant only 11 White Spruce.
Substitute Serbian Spruce for White Pine. White Pine are susceptible to insects, disease and micronutrient deficiencies in Butler County soils.” City of Hamilton aoegle BUTLER COUNTY OHIO Hamilton, Ohio 45041 Section B.1.4 Employee/Workforce Information:
Employment and Employee Shift information includes: 1. Facility will have 55 employees, then increasing to 66 by 2023. 2. Manufacturing Shifts are 6 AM to 2 PM, Mondaythrough Friday and possibly Saturday Morning, with a potential for a 24 and 3% shift in the future. Office Staff will work 8 AM to 5 PM, Mondaythrough Friday.
Section B.1.5 Signage
The submitted DevelopmentPlans indicate the following:
1; Site Plan indicates a new monumentsign at the corner of the development, (Final Design is to be determined / TBD. See Sample Signage) An example of the monument sign was forwarded to Staff for consideration (please see attachments) The building elevations note one (1) wall sign on the west elevation, and one (1) on the northern elevation
Section B.1.6 Lighting
The submitted DevelopmentPlansindicate the following:
firs A photometric plan has been submitted with the application a. Maximum 4.04 foot candle lighting b. Averagelighting is 0.44 foot candles c Lighting is located at parking lots and along the proposeddistribution drive for lighting purposes.
Exterior Lighting provided by Beacon Products, Large Viper lamps: Five (5) pole lamps, 30 feettall 14 pole lamps, 30 feettall Five (5) pole lamps, 25 feettall
ae 7. One (1) pole lamp, 30 feettall
Lighting Locations include: Two(2) pole lights at the front parking lot
Two(2) pole lights at the side parking lot 7D Two(2) pole lights at the trailer parking lot
Pole lights distributed along the one-waydistribution/trailer path, 15 total. ao
Report continued on the next page
iy Page 7 ». Planning Department City of Hamilton 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45044 Section B.1.7 Off-Street Parking & Access Controls
The submitted DevelopmentPlans indicate the following:
4; One (1) two-way accessdrive off of McBride Court near the street intersection.
2. One (1) one-waydrive intended for distribution/trailer traffic, which would provide access to side and rear loading areas. The path circumnavigates the building and property, with an exit/egress apron proposedat the cul-de-sac of McBride Court.
Two(2) parking lots proposed at the northwest corner of the property for employee and visitor parking. a. 100 parking spaces proposed b. The northernmost parking lot would incorporate landscaping, and would be buffered from McBride Court by proposed trees and landscaping.
One (1) trailer parking area proposed at the western propertyline a. Nine (9) trailer parking spaces proposed b. This area would feature plantings and landscaping along the perimeter c. This area is also located behind proposed trees along the western propertyline, parallel with Enterprise Park Drive and Moser Court as screening.
Section B.1.8 Utilities, Drainage & Stormwater
The submitted Development Plans indicate the following:
1. Sanitary Sewer a. Existing (twelve inch) 12” sanitary sewer main will be relocated eastwardly to the outer perimeter ofthe site.
2. Stormwater Management a. One detention area proposed at the western part of the property, adjacent to the proposedTrailer Parking area. b. One detention area located at the southeastern corner of the property. c. An existing regional detention area will be relocated bythe City to allow for construction of the site and support proper drainagefor the overall area.
3. No other utility details were provided in the application.
Report continued on the next page
Page 8 ie City of Hamilton Snareena BUTLER COUNTY OHIO Hamilton, Ohio 45044 Section C: Interdepartmental Review
The city’s Interdepartmental Review Committee evaluated the proposed Development Plan. The following comments werereceived:
Fire: No Comment Gas, Water. no objections. Wewill review construction plans when submitted for gas, water and sanitary. No utility fees at this time.
Public Works/Engineering: No Objection 1. Provide erosion and sediment control, including at a minimum: dust control, stabilized construction entrance,silt fence (or equivalent), inlet protection (if applicable), temporary seeding and/or permanent vegetation, and a concrete truck wash out onthesite.
2. All proposed storm sewers are to be privately owned and maintained by the property owner.
3. General storm water (NPDES) permit from the Ohio EPA and a storm water pollution prevention plan are required for projects disturbing more than 1 acre.
4. Provide storm water drainage calculations and facilities, including storm water detention in accordance with the City of Hamilton Storm Water Drainage Policy and Plan Review Checklist found on the City webpageat https://www.hamilton-oh.gov/engineering. Detention shall meet Ohio EPA water quality requirements, maintain predevelopment rates for 1-yr, 2-yr, 5-yr, 10-yr, and 100-yr events, and detain post developmentrates according to the critical storm method.
5. List the total amountof impervious area being addedto the site on the final drawings
6. Proposeddrive culvert shall not backup water beyond propertylimits
Electric. Objection The drivewayclosest to Enterprise Park Drive appearsto be in conflict with existing underground electrical facilities located within or adjacent to the McBride Court right-of-way.
Relocation of these facilities would be at substantial cost.It is suggested to relocate the driveway eastward and avoid this conflict. The driveway in the cul-de-sac appears to be located between similar electrical facilities and avoids conflict. The electrical feed to the facility would enter the area of the southeast corner of the parcel. 6/29/2020 JLM
MunicipalArborist. See “Landscaping” for comments.
Report continued on the next page
eo Page 9 City of Hamilton SE BUTLER COUNTY OHIO Hamilton, Ohio 45044 Section D: Submitted Request
In order to accomplish the project as proposed in Section B.1, the applicant is requesting the following request.
MajorAmendmentto the Development Plan
The applicant is seeking approval for a major amendmentto the approved Hamilton Enterprise Park DevelopmentPlan for a site located within an IPD (Industrial Planned Development). The proposedplan,if approved, would allow the construction of a 352,646 square foot manufacturing building with office space, on the site in question, on a 20.77 acre portion of a vacant parcel. The Planning Commission takesfinal action on a Major Planned Development Amendment and Final Plan for development.
Section E: Statutes:
Section E.1 Findings forApproving an Amended Development Plan
The HZO states that manufacturing uses are permitted within an Industrial Planned Development (PD) District, if the Master Plan or Amended Plan is approved by the Planning Commission. There are specific findings outlined within the HZO for review and approval of an Industrial Planned Development by the Planning Commission.
45 The Planned Development (PD) provisions of the Zoning Ordinance are intended to provide an alternative to standard zoning guidelines. More specifically the regulations are intendedto:
A. Encourage superior and imaginative design and function in developments
B. Establish an alternative procedure for the developmentof land in order to allow for more efficient and economic developmentof property than customarily permitted by conventional zoning and subdivision regulations
C. Ensure orderly and thorough planning and review proceduresthat lead to higher quality design and development
D. Encourage the conservation of natural amenities of the landscape
Encourage the provision of usable common open space
F. Enable greater review of design characteristics to ensure that the development project is properly integrated into its surroundings and is compatible with adjacent development.
Report continued on the next page
Page 10 IJ 5 . Planning Department City of Hamilton 345 HighStreet, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45044 Section F: Notification
The Planning Department mailed Public Hearing Notices to the owners of twelve (12) properties within 500feet of the subject property per statute requirements.
As of the writing of this report, the Planning Department received no phonecalls or inquiries pertaining to the proposal for a major amendmentto allow a new manufacturingfacility.
Section G: Recommendation
The Planning Commission can approve or deny the Amended Planned DevelopmentPlan for Hamilton Enterprise Park and Final Plan for 2995 McBride Court. The Planning Department recommendsthe following motion:
1. That the Planning Commission take action to approve the Amended Hamilton Enterprise Park Plan and Final Planned DevelopmentPlan for 2995 McBride Court as presented, with conditions of approval.
Conditions for Approval: The recommendationto City Council for the approval of the changing of the zoning of properties, subject to the following conditions:
1. That proposedsite improvements,including alternate future phases and any new buildings not part of the current submission, shall require a submittal and approval of a Planned Developmentapplication.
2. The construction drawings for the proposed work, including site/engineering plans, shall be subject to final approval through the City Interdepartmental Review (IDR) Committee. The plans shall also be subject to any future requirements of the IDR Committee upon review.
3. All landscaping and a revised landscaping plan shall be reviewed and approvedbythe City of Hamilton Municipal Arborist.
4. Landscaping, site improvements,andall exterior finishes and other improvements be installed and maintained in good repair and replaced as necessary to remain in compliance with the approved Final DevelopmentPlan.
5. Any future signage shall be in compliance with Section 1138.00, Signs, of the Hamilton Zoning Ordinance, and approved by the City of Hamilton Planning Department
6. Thatthe illumination on the developmentbe constructed, installed, and maintained as to not allow the light to shine beyond the property lines or onto any adjacent property or land uses.
Report continued on the next page
By Page 11 City of Hamilton entningBeparinent BUTLER COUNTY OHIO Hamilton, Ohio 45011 7. That the soundlevels be consistent with acceptable levels set forth within City of Hamilton Ordinances.
8. As part of the Final Planned DevelopmentPlan process, the Planning Commissionwill impose provisions for buffers, open space,lighting, undergroundutilities, hours of operation, parking, signage, and/or other safeguardsit mayseefit for this project.
Section H: Staff Basis / Comments
Staff finds the proposed developmentplan to be consistent with the intent and purposeof the Hamilton Enterprise Park and the IPD (Industrial Planned Development)zoningdistrict, in the following ways:
4. The proposed developmentestablishes an alternative procedure for the developmentof land which allows for more efficient, economic, and consistent developmentof property than customarily permitted by conventional zoning and subdivision regulations.
2. The proposed project has been through substantial planning and review procedures to facilitate a higher quality design and development. The applicant has metwith staff to incorporate comments and input from all city departments to producea plan that will be compliant with respectto city requirements.
3. The proposed project is a continuation of an ongoing Planned Industrial Development, Hamilton Enterprise Park. The proposal features fagade andsite design consistent with recent developmentproposals and the character, form and intent of the Hamilton Enterprise Park.
4. The proposed developmentplan encouragesthe conservation of natural amenities and the promotion of landscaping,particularly along the street frontages of the property, allowing for promoted aesthetic value of the property and the industrial park.
5. The proposed developmentwill not harm the general public, health, safety, and welfare of the site or surrounding area.
Commissioner Mathewsentered at 6:20 pm.
Public Hearing:
Brian Lacon, 934 Waterstone Blvd., with Miller Valentine, was in attendance to answer questions. Chairperson McCallister asked aboutthe height of the building. Mr. Lacon explained that the secondfloor serves a purposefor office and storage space.
Motion to close the public hearing: Moeller Second: Vanderhorst
Report continued on the next page
Page 12 Kd .. Planning Department City of Hamilton 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45044 Discussion: Commissioner Von Stein asked aboutthe electric request. Mr. Lacon stated the applicant does not have an objection to the electric utility request.
Motion - 1) That the Planning Commission take action final action to approve the Major Planned Development Amendmentapplication, with conditions.
Motion By: Moeller Second: Horsley Motion passes unanimously.
Agenda Item #2 -PublicHearing 3000Dixie Highway - Conditional Use Application A request for a Conditional Use approval, with variances, to allow an Automotive Sales & Service use on property zonedI-1 (Limited Industrial). (Steven Gebhart, per Community Design Alliance, Applicant) Staff: Liz Hayden Staff Presentation:
Section A: Introduction and Background
Section A.1: Project Overview
Auto Express currently operates automotive service and minorrepair at 3000 Dixie Highway (See Exhibit A, Location Map). This project proposesto raze the existing buildings to be replaced with a larger building that will be a similar design to the building Auto Expressbuilt in 2018 at 2980 Dixie Highway,directly north of this property. The property in question is zonedI-1. (Limited Industrial) zoning district (please refer to Exhibit C, Zoning Map). Per the Hamilton Zoning Ordinance (HZO), Section 1123.28.2, Automotive Service and Minor Repair requires a Conditional Use review and approval.
The proposal includes acquiring an adjacent parcel that is owned by the City of Hamilton, which will be paved and usedasa parking lot. The project also includes the applicant providing a 6-foot easementto the City of Hamilton for a proposed future multimodal path. The regional Miami 2 Miami Trail is projected to use this route.
Section A.2: ExistingSite Conditions
The original building on site was built in 1950. The parking lot is currently not striped. The gravel lot currently ownedbythe City of Hamilton has been a challenging spot for trespassing and dumping.
Report continued on the next page
Ee Page 13 City of Hamilton Dechai BUTLER COUNTY OHIO Hamilton, Ohio 45041 Section A.3: History
The site in question currently operates the same business as proposedin the plan. Auto Express purchasedthe property in 2012 and received Conditional Use approval to operate an Automotive Service and Minor Auto Repair business at 3000Dixie.
City staff has been in conversation with the property owner about possible redevelopmentof the site since 2018. The discussions primarily focused on Auto Express acquiring the City parcel and Auto Express granting a trail easement but has evolved into a full site redevelopmentproposal.
Section B: Development Plan Review
Section B.1: Development Plan Overview
New Building
The building is 4,029 square feet and will face Dixie Highway. There are three bay areasof the detailing garage area thatwill be usedfor detailing cars and preparing them for customers once the cars are purchased. There is an additional rinsing bay that is part of the detailing process and will not be open to the public as a car wash. The building will also contains office space and bathrooms.The hours of operation for Auto Express are 10am-7pm Monday-Friday and 9:30am- 4:30pm on Saturdays.
Section B.1.1 BuildingMaterials & Windows Transparency
The submitted DevelopmentPlansindicate the following:
e Building Materials - The building will resemble Auto Express’ building at 2980 Dixie Highwayin materials and color. The proposal is for the primary material to be red painted metal panels with yellow trim/coping and stone veneer up to sill height. A metal awningis proposedoverthe office area. According to the Commercial Design Standards, no more than 25% of the building materials can be metal panels, so the proposed design would require a variance. The applicantis still working on providing the final percentage that is metal paneling, butit is estimated to be at least 75% of the building material. The remaining material is a stone accent. o Metal Panel: 87% o Stone Veneer: 13% e Transparency - According to the Commercial Design Standards, the primary fagade must have 35% transparency and any additional building sides that are highlyvisible from the right-of-way must have 30% transparency. The applicant exceeds the transparency requirements on the front fagade but only meets the side transparency requirementwith glass block. Since glass block is opaque, it requires a variance. o Front fagade transparency: 57% = The top three panels of the overhead doorswill be transparent, so they are considered part of meeting the transparency requirement. o Side facade transparency: 37% including the glass block windows
Report continued on the next page
Page 14 ay City of Hamilton Peelgel BUTLER COUNTY OHIO Hamilton, Ohio 45044 = The applicant cited building design, including the fact that this wall is mostly bathroomsand the curved wall design in the office area as reasons for the transparency variance request. e The proposed building design meets the Commercial Design Standards except for the noted variance requests.
Section B.1.2: Landscaping
Per the Commercial Design Standards, the site should have four (4) trees and twelve bushes. The proposal shows 12 medium sized bushesat the Dixie Highway entranceto the site. This proposal would require a variancefor the four (4)trees. e The proposal states that the Municipal Arborist can choose the type of bushes.
Section B.1.3: Lighting
Security lights will be placed around the building to improve the lighting. No new pole lights are proposed.
Section B.1.4 Signage
The site design proposes twowall signs, one on the Dixie Highway elevation and one on the Bobmeyer elevation. Details about the wall signs were not provided with the Conditional Use submission but they will conform to the signage regulations set forth in the Hamilton Zoning Ordinance.
The applicant stated that he doesnotintend to have a freestanding sign on site and will not put any windowsignagein the transparent area of the overhead doors.
Section B.1.5 OffStreet Parking& Access Controls
Parking
The site design includes paving and striping the parking lot, including the parcel currently owned by the City of Hamilton which is currently gravel. Auto Express’ current parking lot is not striped. Five (5) parking spaceswill be added to the area currently owned by the City behind the new building. The site plan shows ten (10) parking spaces along the parcel frontage. A pedestrian path to the building from Dixie Highway is shown throughthe parking lot as well.
Site Access
The site plan showsthe existing curb cut onto Dixie Highway and a curb cut with a new concrete apron onto Bobmeyer Road. Currently, the Bobmeyerside has no curbssoit is a continuous curb cut. The proposal will better designate the accesspointto the site.
The proposedsite design will require a variance from the HZO regulation that states that parking and related driveway shall be twenty feet from a propertyline. The parking spaces within twenty
Report continued on the next page
Ly Page 15 City..¥,otof MamittonHamilton Planningasm lehseshDepartmentguest feet of the property line on Dixie Highwayis an existing condition and the City of Hamilton requested that the access drive on Bobmeyer be located as far away from the intersection as possible for safety reasons.
Section B.1.6: Refuse Storage Area
The dumpsterwill be enclosed with a wooden fence.It is a small mobile dumpster soit will move aroundsite, but whenit is not in use, it will be stored within the woodenenclosure.
Section B.1.7: Miscellaneous
4. No fencing is proposed on site.
Section C: Interdepartmental Review
The City’s Interdepartmental Review Committee evaluated the proposed development and no objections were submitted.
Section D: Submitted Request
In order to accomplish the developmentproject as reflected in Section B of this report, the applicant proposesthe following requests.
Request1: Conditional Use to allowAutomotive Service and MinorAuto Repair on propertyzoned 141 (Limited Industrial).
As a conditional use, this request requires review and a recommendation from the Planning Commission and approval by the City Council.
Request2: Five (5) variances to the Hamilton Zoning Ordinance pertaining to the Conditional use Request
This request requires review and approval by the Planning Commission. The variances are: 1. Section 1111.20 Commercial Design Standards - Landscaping a. Zoning Code Requirement - 4 trees and 12 bushes b. Proposed Design - 12 bushes c. Existing Conditions - No landscaping
2. Section 1111.31 Commercial Design Standards - Exterior Materials a. Zoning Code Requirement - “These types of materials may be usedfortrim, detailing, and incidental or secondary wall areas. These secondary materials may not exceed 25% of the exterior wall surface area. Permitted secondary materials include; architectural grade metals...”
Report continued on the next page
Page 16 is City of Hamilton Planning Department _ 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45044 b. Proposed Design - Final percentageswill be presented at Planning Commission, but the metal panels are estimated to be at least 87% of the building material. c. Existing Condition - Painted cinderblock buildings
3. Section 1111.31 Commercial Design Standards -Transparency a. Zoning Code Requirement - “Side elevations that face a public roadway or which are highly visible from the right of way shall provide at leastthirty (30) percent windowortransparencyat the pedestrian level.” b. Proposed Design - 37% transparency using glass block windowsinstead of transparent glass c. Existing Condition - Zero Percent Transparency
4. Section 1123.38.2 - Automotive Service and Minor Repair in I-41 (Limited Industrial) Zoning -10-foot setbacks a. Zoning Code Requirement - “Automobiles awaiting repair, shall be located on a paved surface and shall have a minimum setbackof ten (10) feet from any propertyline. The area for parking of vehicles shall comply with the side and rear building setback requirements set for the district in which the lot is located or be at least (10) feet, whicheveris greater.” Proposed Design - i. Front yard setback - Zero (0) foot setback ii. Side yard setback (North) - 12 foot setback iii. Side yard setback (South) - Two (2) foot setback iv. Rear yard setback - Zero (0) foot setback Existing Condition - i. Front yard setback - Zero (0) foot setback ii. Side yard setback (North) - Zero (0) foot setback iii. Side yard setback (South) - Zero (0) foot setback iv. Rear yard setback - Zero (0) foot setback 5. Section 1123.38.2 - Automotive Service and Minor Repairin |-1 (Limited Industrial) Zoning -Driveway and parking distance to propertylines a. Zoning Code Requirement - “Parking and related driveways and paved areas may be erected in a front yard, but not less than twenty (20) feet from any property line.” Proposed Design - Two (2) foot setback Existing Design - Zero (0) foot setback to propertyline
Section E: Statutes:
Section E.1. Zoning District Regulations
Section 1123.38.2 of the Hamilton Zoning Ordinance (HZO) governs Automotive Service and Minor Automotive Repair in the I-41 Limited Industrial Zoning District. The purpose is to establish requirementsfor this use in this Zoning District.
Report continued on the next page
Py Page 17 City*.Vauenof HamiltonCOUNTY OMG PlanningeleeensDepartment The purpose of Section 1111.00 Commercial Design Standardsis to “establish architectural, landscaping, design, building and site development regulations that encourage higher quality development and function in order to protect property values, provide safe and efficient access for the pedestrian and automobile, and protect real estate from impairmentor destruction of value.”
Section E.2. Conditional Use Approval
Section 1108.00 of the Hamilton Zoning Ordinance (HZO) defines Automotive Service and Minor Repair as a conditional use in an |-1 Limited Industrial zoning district.
Conditional Use Criteria
Section 1155.00 of the Hamilton Zoning Ordinance (HZO) outlines the processes and requirements for review of a Conditional Use. Section 1155.30 specifies the criteria and general standards for a proposed Conditional Use, including nine (9) criteria for consideration of the proposal.
Conditional Use Criteria (Continued)
1. The proposed Conditional Useis to be located in a district wherein such use may be permitted, subject to the requirements of this Section and the Zoning Ordinance.
2. The proposed Conditional Usewill not substantially or permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare.
33 The proposed Conditional Usewill be harmonious with the existing or intended character of the general vicinity, and that such usewill not change the essential character of the samearea.
4. The proposed Conditional Use shall be adequately served by essential public facilities and services such as, but notlimited to, roads, public safety forces, storm water facilities, water, sanitary sewer, refuse, and schools.If not, the applicant shall be responsible for the extension or establishmentof any public facilities and services to effectively service the proposed Conditional Use.
5, The proposed Conditional Use will have vehicular approachesto the property which shall be so designed as notto create an interference with traffic on surrounding streets.
6. The proposed Conditional Use will comply with all applicable development standards, except as specifically altered in the approved Conditional Use. ts The proposed Conditional Use will not be hazardousto or have a negative impact on existing or future neighboring uses.
8. The proposed Conditional Usewill not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons,property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district. Report continued on the next page
Page 18 ie City of Hamilton oeene BUTLER COUNTY OHIO Hamilton, Ohio 45041 9. The proposed Conditional Use will not impede the normal and orderly development.
Section E.3. Variance ApprovalCriteria
Per Section 1170.63 HZO no suchvarianceto the provisions or requirements of the zoning ordinanceshall be authorized by the Planning Commission unless the Commission finds thatall of the following facts and conditions exist.
1. Exceptional Circumstances: That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same Zoning District.
2. Preservation of Property Rights: That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same Zoning District and in the samevicinity.
3. Absenceof Detriment: That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposesofthis Ordinance of the public interest.
4. Not of General Nature: No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property for which varianceis sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
Section E.4. Plan Hamilton
Plan Hamilton is the City of Hamilton’s updated Comprehensive Plan meantto guide land use, planning and zoning decisions for the city. The plan recommends Regional Commercial for 3000 Dixie Highway. This land use is characterized by a variety of building sizes that incorporate commercial retail, services, and office uses that typically have on-site parking, most often located in front of and aroundthe buildings. Regional Commercial areastypically contain the largest scale commercial and office uses that attract local residents as well as people from the surrounding region.
Section F: Notification
The Planning Department mailed Public Hearing Notices to the owners of 35 properties within 500 feet of the subject property per statute requirements. Staff posted a sign at the site advertising the public hearing for the conditional use requests for 3000 Dixie Highway.
As of the writing of this report, the Planning Department received no phonecalls or inquiries pertaining to the proposal for a Conditional Use.
Report continued on the next page
ey Page 19 City of Hamilton FgSelelatd BUTLER COUNTY OHIO Hamilton, Ohio 45014 Section G: Recommendations
The Planning Commission can recommend to City Council to approve or deny the Conditional Use Application for Automotive Service and Minor Repair and can approve or denythe five (5) variance requests.
If Planning Commission decides to approve the Conditional Use application and Variance requests, the Planning Department recommendsthefollowing motions:
1. That the Planning Commission take action to recommendto City Council to approve of the Conditional Use application for Automotive Service and Minor Repair), subject to the recommendedconditions of approval.
That the Planning Commission take action to approve the variance request to the landscaping requirements in the Commercial Design Standards.
That the Planning Commission take action to approve the variance request to the materials requirements in the Commercial Design Standards.
That the Planning Commission take action to approve the variance request to the transparency requirements in the Commercial Design Standards.
That the Planning Commission take action to approve the variance requestto the 10-foot setback requirement in Section 1123.38.2 of the HZO.
That the Planning Commission take action to approve the variance requestto the parking and accessdrive setback requirement in Section 1123.38.2 of the HZO.
Conditions of Approval:
1. The project shall be compliant with the Commercial Design Standardsset forth in Section 1111.00 of the Hamilton Zoning Ordinance with the exceptions noted in the variance requests and as approved by Planning Commission and City Council.
There shall be no windowsignsor other obstructions in the building. All windows will have an opacity maximum of 35% except for the glass block window on theside elevation facing BobmeyerRoad.
The HVAC equipmentwill be screened per the Commercial Design Standards.
All proposed and future signage (permanent or temporary) on site shall comply with the regulations of the Hamilton Zoning Ordinance.
Construction drawings and documentsfor the proposed improvements and workshall be revised subject to any current interdepartmental review comments, and future review requirements of the City of Hamilton Interdepartmental Review.
All landscaping, site improvements, exterior finishes and other improvements shall be installed and maintained in good repair and replaced as necessary to remain in compliance with the relevant City of Hamilton codes. Report continued on the next page
Page 20 City of Hamilton PantinDepaIGE. BUTLER COUNTY OHIO Hamilton, Ohio 45044 All automotive service or repair shall occur indoors.
No exterior storage or exterior sales of merchandise or material on the site in question, including but not limited to auto parts and tires.
No salvagingof parts of vehicles shall occur onsite.
10. No vehicles shall be parked on gravel, grass, or unpaved surfaces.
11. That a lot combination of Parcel P6462006000079andthe future parcel currently owned by the City of Hamilton shall be completed prior to any new construction work being done on thesite in question.
12. No vehicles shall be parked on the multiuse path easement. When the multiuse path is built, vehicles will be setback from the multiuse path at a safe distance.
13. All fluids,tires, batteries, and other discarded hazardous materials shall be recycled or removed in accordance with local, state, and federal standards.
14. The dumpstershall be enclosed by a solid wooden fenceto be sufficiently screened from view from right-of-way, in accordance with the Commercial Design Standards.
15; The City of Hamilton shall track public safety calls and nuisance complaints associated with the applicant and the property. If issues are identified, the property owners and business operators will work with the City to rectify issues. If issues are not resolved in a timely manner, the Conditional Use may be revoked.
Section H: Staff Basis / Comments
Staff provided the following basis / comments for consideration of approval of the Conditional Use application:
de The site is already being used for Automotive Service and Minor Repair. The proposed expansion represents a $600,000 investment on Route 4 that will improve aesthetics and site access.
The proposed expansionwill make productive use out of a parcel that has issues with trespassing and dumping.
The project includes a multiuse path easementto be used for the future Miami 2 Miami trail.
The proposed use and developmentwill comply with regulations set forth by applicable City departments.
Staff provided the following basis / comments for consideration of approval of the Variance requests:
Report continuedon the next page
i Page 21 . . Planning Department City of Hamilton 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45041 1. Variance requestto the landscaping requirements in the Commercial Design Standards.
a. Exceptional Circumstances: The property ownerhas agreed to an easement fora multiuse path in the area best suited for landscaping.
b. Preservation of Property Rights: The proposed design allows the property owner to make an overall improvementonthesite that includes enough parking to make the redevelopment project feasible for the business operations.
c. Absence of Detriment: The project will add landscaping to a site that currently does not have any landscaping, which will improve the aesthetics on this corridor.
d. Not of a General Nature: The easementfor the multiuse path is a unique situation. The Miami 2 Miami Regional trail will be along this route, and this is a key connection to Dixie Highway/Route 4.
2. Variance request to the materials requirements in the Commercial Design Standards.
a. Exceptional Circumstances: While they are on different sides of Bobmeyer Road, Auto Express operates 2980 and 3000 Dixie as a single campus. This variance allows Auto Express to maintain a similar design on both sites. 2980 Dixie Highway was approvedprior to the 2017 update to the Hamilton Zoning Ordinancethatrestricted metal panels to 25% maximum ofthe building materials.
b. Preservation of Property Rights: The variance allows the property owner to make an improvementto his property.
c. Absence of Detriment: The metal panels are an improvement on the painted cinderblock buildings that are currently on site.
d. Not of a General Nature: Auto Express’ desire to coordinate the design of its buildings is not of a general nature. Auto Express’ new building at 2980 Dixie Highway has been built in the last three years. It is a unique situation that the Commercial Design Standards have been changed within three years of redevelopment work by Auto Express.
3. Variance requestto the transparency requirements in the Commercial Design Standards.
a. Exceptional Circumstances: The layout of the site and the requirements of the business operation made the most appropriate place for bathroomsto be at the north side of the property. Glass block windowsare proposedfor the bathrooms for privacy reasons.
b. Preservation of Property Rights: The variance allows the property ownerto build a new building that includesall of the uses desired by the property owner within the context of the site constraints.
c. Absenceof Detriment: The transparency of the north elevation increases from the current building’s transparency. The front fagade facing Dixie Highway's transparency exceedsthe transparency requirements. Report continued on the next page
Page 22 ee City of Hamilton Eeepee BUTLER COUNTY OHIO Hamilton, Ohio 45011 d. Not of a General Nature: 3000 Dixie is a smaller site with utility easements that dictate where a building can be built. Given the site constraints and drive-through nature of the detailing facility, the bathroom location on the north side of the building is the best location to allow for safe site circulation.
4. Variance request to the 10 foot setback requirement in Section 1123.38.2 of the HZO.
a. Exceptional Circumstances: Auto Expressis providing a six (6) foot easement for a multiuse path to the City of Hamilton along Bobmeyer Road. The easementis in addition to the existing sidewalk area, meaning that the setback from Bobmeyeris approximately 12 foot. Given the unique need for the easement along Bobmeyer, the property owner would like to have a reduced setback along Dixie Highway.
b. Preservation of Property Rights: The variance allows the property owner to make an improvementto his property while continuing to have some parking spacesin front of the building, which is a typical site layout for Route 4.
c. Absence of Detriment: Removing the gravel area on the property currently owned by the City of Hamilton that is often a dumping ground and replacingit with parking is an improvementto the area. The multiuse path easementwill be a community improvement.
d. Not ofa General Nature: The multiuse path easement and the improvementto the City-owned property are both unique situations to 3000Dixie.
5. Variance requestto the parking and access drive setback requirement in Section 1123.38.2 of the HZO.
a. Exceptional Circumstances:The City of Hamilton Engineering staff have requested that the new access drive on Bobmeyer Road be as far away from the Bobmeyer/Dixie Highwayintersection as possible for safety concerns.
b. Preservation of Property Rights: Maintaining the existing parking space adjacent to the south propertyline preserves the owner’sability to park cars on site. The curved nature of the property frontage limits the ability to park cars on site.
c. Absence of Detriment: The proposed site design replaces a continuous curb cut on Bobmeyerwith a more defined entrance further away from the intersection. This will be a safety improvement.
d. Not of a General Nature: This is a corner lot that due to site distance issues, has parking and accessrestraints.
Public Hearing:
Mike Dingeldein of Community Design Alliance was in attendanceto discuss the project. Mr. Dingeldein discussed that metal materialis architectural grade materials. Commissioner
Report continued on the next page
ay Page 23 City of Hamilton oe BUTLER COUNTY OHIO Hamilton, Ohio 45044 Vanderhorst asked aboutthe landscaping variance and asked about landscaping on Bobmeyer Road. Applicantcited significant traffic and snow removal as reasonsto not do additional landscaping.
Commissioner Moeller asked about sight distance issues at the intersection and the applicant stated there are not issues with sight triangle issues. Chairperson McAllister askedif there arewill be gravel on site and staff said once the developmentis complete, there will be no gravel onsite.
Commissioner Von Stein asked where theysell cars. Mr. Sellers stated that they sell on 2980 Dixie andit is not only a “buy here pay here” model.
Motion to close the public hearing: Von Stein Second: Mathews
Discussion: CommissionerHorsley is abstaining becauseof a professional relationship with Auto Express. Commissioner Vanderhorst expressed concern about approving the landscaping variance and Commissioner Von Stein and Commission Moeller agreed. Chairperson McAllister stated the campuslooksnice.
Motion - 1) That the Planning Commission take action to recommend that City Council approve the conditional use application to allow an Automotive Sales & Service use, with conditions. a. Motion by: Bowling b. Second: Von Stein c. Motion passeswith six yes votes and one abstention from Commissioner Horsley 2) That the Planning Commission to take action to approve the four variances as presented, not including the landscaping variance presented. a. Motion by: Von Stein b. Second: Bowling c. Motion passes with six yes votes and one abstention from Commissioner Horsley
Agenda Item #3 - PublicHearing Alley Vacation Petition - North D Street Alleys “A” and “B” (between 310 & 326 Main Street) - A requestto vacate portions of two (2) alleys, situated in the First Ward, North Side. (City of Hamilton, Applicant) Staff: Ed Wilson, AICP Staff Presentation: Mr. Wilson provided a brief overview but stated that the City would like to table this request to complete more research on otheroptions.
Motion - Report continued on the next page
Page 24 4| City. otHamiiion. PlanningaconesoDepartment 1) That the Planning Commission take action to table the alley vacation. a. Motion by: Horsley b. Second: Bowling c. Motion approved unanimously.
Agenda Item #4 - PublicHearing Alley Vacation Petition - Two (2) portions of rights-of-way abutting four (4) vacant properties at the 300 block of South C Street A requestto vacate two (2) portions of rights-of-way, situated in the First Ward, South Side. (City of Hamilton, Applicant) Staff: Ed Wilson, AICP
Staff Presentation:
Section A: Introduction and Background
Section A.1: Project Overview
The City of Hamilton Planning Department submitted a petition to vacate two (2) portions of right of way between South C Street and South D Street. The subject rights of way abut four (4) vacant properties at the 300 block of South C Street located at the Millikin Street intersection (Parcel Nos. #P6412113000031 & 32, and #P6412121000038, & 40). Per External Services records, via the Health Department,the right-of-way and abutting vacant properties have been a constant site for dumping, with several instancesoflitter and trash found in the area. Additionally, the ownerof the vacant properties, Hicks Blvd, LLC, expressed an interest in complying with Health Departmentorders, cleaning up the property and clear out the honeysuckle. However, the Hicks Blvd LLC prefers vacation of the right-of-way as part of this proposal.
Section A.2: Existing Site Conditions
Arch Street Alley is an unimproved, vacant, east-westalley. The property dead ends atthe rear of 350 South D Street, and has no corresponding curb cut apron or other point of public access from South C Street.
The UnnamedAlley (informally referred to as Arch Street Alley “B”) is a partially improvedalley; the eastern portion connecting to South C Street is paved but deteriorated, while the western portion ofalley is typically overtaken by weedsandotherfoliage.
Both subject rights-of-way abut four (4) contiguous vacant properties ownedby Hicks Blvd, LLC. The unnamedalley abutsthe rear offive (5) residential properties (see Section B). Please refer to Exhibit A, Location Map; and Exhibit B, Exhibit Map.
Report continued on the next page
ay Page 25 2 * Planning Department City of Hamilton 345 HighStreet, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45044 Section B: Petition Review
Section B.1: Submitted Request
The City of Hamilton submitted a petition proposing vacation (abandonment)of the public right-of- wayfor a portion of Arch Street Alley A and a nearby unnamedright-of-way; both rights-of-way are located between South C Street and South D Street.
An alley vacation is a processin which analley is reviewed for transference from public use to private property. Approval of an alley vacation meansthat the vacated portion of street will no longer be public right-of-way and the public could not usethe alley for public access such as driving, parking, or walking.
In the eventthat any right-of-way vacation is approved, the land currently designated as right-of- way would be split down the centerline and each half (1/2) would be transferred to the adjacent property ownersof record.
Specific information pertaining to the proposedalley for vacation is as follows:
Section B.2: Petitions to Vacate Right-of-Way
The two (2) portions of right of way include the following:
Arch StreetAlley “A” Betweenparcels #P6412113000031 & 32, and abuts 350 South D Streetto the rear. ° Length: 199.65 feet ° Width: Ten (10’) feet
Adjacent Property Owners:
Specific information pertaining to the properties adjacent to the right-of-way proposedfor vacation is as follows:
e Parcel: P6412113000031 - Owner: Hicks Blvd, LLC. (City Lot No. 190 X 10 ADJ 1683)
e Parcel: P6412113000032 - Owner: Hicks Blvd, LLC. (City Lot No. 1684 ENT)
e 350 South D Street - Owner: Joyce Ann Davin, TR Parcel: P6412113000033,(City Lot No. OL 37 N 80 OF W 139.59)
‘Continued on next page,
Report continued on the next page
Page 26 Ld
City: of Hamilton; PlanningaaAgiotekD arest BUTLER COUNTY OHIO Hamilton, Ohio 45041 Alley Vacation Request (Continued)
UnnamedRight-of-Way(“Arch Street Alley “B””) Abuts properties 372, 374, & 376 South D Street and 220 & 222 Millikin Street to the rear
oO Length: 257 feet " 182.90 feet, east-west | thence 75 feet, north-south
oO Width: Variable - Average is approximately 13.83 feet width.
Adjacent Property Owners:
Specific information pertaining to the properties adjacent to the right-of-way proposed for vacation is as follows:
Parcel: P6412121000040 - Owner: Hicks Blvd, LLC. (City Lot No. OL37 SE99.5 X N176.26)
Parcel: P6412121000038 - Owner: Hicks Blvd, LLC. (City Lot No. OL37 NE199.65)
220 Millikin Street - Owners: Sherri & Steve Dishon Parcel: P64121210000339, (City Lot No. OL 37 W 70 OF S 170 OF E 1/2)
222 Millikin Street - Owners: Danny Davidson Parcel: P6412121000031,(City Lot No. OL 37 E35 OF W166 1/2 OF S 170)
376 South D Street - Owners: Michael D. Wiley Parcel: P6412121000035, (City Lot No. 37 OL N39 OF S175 OF W131.59)
374 South D Street - Owner: Sally A. Mills Parcel: P6412121000036,(City Lot No. OL 37 N35 OF S210 OF E 139.59)
372 South D Street - Owners: William F Huber, TR Parcel: P6412121000037, (City Lot No. OL 37 N 40 OF S 250 OF E 139.59)
Section B.3: Interdepartmental Review
The city’s Interdepartmental Review Committee evaluated the proposed vacation of a portion of Arch StreetAlley, “A”, and an unnamedright-of-way(“Alley B”). There were no objections to the proposal.
° Note that there are no utilities within the rights-of-way in question.
Section C: Statutes: Alley Vacation Process.
The Planning Commission can approve or deny the request for an alley vacation and may modify or add any additional conditions to the street vacation request.
Report continued on the next page
Py Page 27 City of Hamilton PlanningDeparnnant BUTLER COUNTY OHIO Hamilton, Ohio 45044
The statutes of Chapter 167.07 of the City of Hamilton’s Codified Ordinances regulate vacation or abandonmentof public right-of-way(alleys, streets, etc.).
° Planning Commission may vote on the street vacation, for or against.
° If the Planning Commission provides a favorable recommendation, the street vacation proposal is forwardedto City Council. e If approved by City Council, the council adopts a resolution of intent to vacate.
Typically, right-of-way vacations proceed with appraisal of the alley and Board of Revisions of Assessments. However, with the City of Hamilton as applicant, the petition to vacate may proceedto City Council as a resolution to vacate, followed by an ordinance to vacate the right-of- way.
Section D: Notification
The Planning Department mailed Public Hearing Notices to the owners of 18 properties within 200 feet of the subject property per statute requirements. This mailing also includes seven (7) ownersof property abutting the alley in question (as noted in Section B ofthis report). Staff posted a sign at the site, advertising the public hearing for proposed vacation of a portion of Arch Street Alley “A” and the adjacent unnamedright-of-way.
The Planning Departmentreceived one (1) phonecalls pertaining to the proposal. e Ms. Sherri Dishon, at 220 Millikin Street.
Ms. Dishon noted that she utilizes the unnamed right-of-way at the rear of her property to walk to the bottom of her back yard easier. Ms. Dishon also usestheright-of-way as a smoothersurfaceto roll her garbage can aroundthe block.
Staff investigated the unnamedright-of-way, noting an uneven terrain and a physical barrier of foliage. Staff reached out to Ms. Dishon forclarification and Ms. Dishon explained that due to the topographythe alley is the only way to accessthe rear yard of her property.
Section E: Recommendations
The Planning Commission can provide a favorable recommendation to City Council for the alley vacation, or recommend denial of each alley vacation or both alley vacation proposals. The Planning Department recommendsthe following motion to City Council:
That the Planning Commission take action to recommend that City Council adopt the necessary legislation to vacate the portion of Arch StreetAlley “A” & the described unnamedright-of-way, situated in the First Ward, South Side, as displayed on the street vacation exhibit. The recommendation includes the following conditions: Report continued on the next page
Page 28 J City of Hamilton See BUTLER COUNTY OHIO Hamilton, Ohio 45041
Conditions for Approval:
1) The construction drawings for the proposed work,including site/engineering plans, shall be revised subject to any future requirements of the City Interdepartmental Review (IDR) Committee upon review.
2) That the City Council waive its right to a hearing before the Board of Revisions of Assessments becausethepetition for vacation has been submitted by the City of Hamilton.
That the City Council waive the requirement for an appraisal of the property to be vacated because the petition for vacation has been submitted by the City of Hamilton.
That the City Council waive the customary two-thirds payment of the appraised value of the vacated property because the petition for vacation has been submitted by the City of Hamilton.
Section F: Staff Basis / Comments
Staff finds the proposed alley vacation to be consistent with the intent and purposeof right-of-way vacation and abandonmentin the following ways:
1, Arch Street Alley “A” is an unimprovedalley, consisting of vacant land, and no defined connections. The alley is also a dead-endalley and this proposed vacation would not result in a loss of connectivity or access to property. The unnamedright-of-wayis a partially improved alley way overtaken by growth and vegetation. The site is also a site of dumping and trash, requiring cost and time to consistently rectify. Hicks Blvd, LLC has expressedaninterest in cleaning up and maintaining the properties and clearing invasive vegetation on the condition of vacating this right-of-way and Arch StreetAlley “A”. There are no existing utilities within the rights-of-way in question, meaning no needfor utility departmentor other city access for maintenance issues. The proposed vacation will not adversely impact the public health, safety, or welfare. No vehicular accessto any privately owned property will be closed as a result of the proposed vacation.
Public Hearing:
Edward Akin, lawyer on behalf of Sally Mills, property owner at 374 S D Street, explained that the easementthey maintain to that alley is for foot or vehicular traffic and Ms. Mills wants to continue to utilize the alley. Chairperson McAllister asked if Mr. Akin had an objection to vacating Arch Street Alley A and Mr. Akin stated no.
Report continued on the next page
Ey Page 29 "* Planning Department City of Hamilton 345 HighStreet, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45041 Motion to close public hearing: Von Stein Second: Moeller
Motions - 1) That the Planning Commission take action to recommend that City Council approve the alley vacation of Arch Street Alley A as presented, with conditions. 2) That the Planning Commission take action to table the vacation of the unnamedalley. a. Motion by: Von Stein b. Second: Horsley c. Motion passes unanimously.
AgendaItem #5 ~PublicHearing Amend Plan Hamilton - North End Revitalization Plan A request to amend Plan Hamilton, the City Comprehensive Plan, to adopt the North End Revitalization Plan. (City of Hamilton, Applicant) Staff: Liz Hayden
Staff Presentation:
Section A: Introduction & Background:
The North End neighborhood is one of Hamilton’s Seventeen Strong neighborhoods.At its peak, the area was a blue-collar neighborhoodclosely tied to the surrounding paper mills and other industries. However, as the factories closed, the neighborhoodfell into decline. Although this neighborhood maintains many community strengths, we recognize the limitless potential for revitalization. With proper investment and newinitiatives, the North End can return to the thriving place thatit used to be. The plan was drafted by Miami students, City of Hamilton staff, and input from community residents and organizations.
Revitalization planning can help identify areas for improvementto guide policies, public and private investment, and shape new development. Our team of student planners created a plan focused on the Heaton St. corridor between Route 4 and Martin Luther King Jr. Blvd. Our revitalization goal can be completed through improvements to community space, streetscaping, connectivity, and economic development. In acknowledgmentwith the recently adopted Plan Hamilton, we created neighborhood-specific initiatives that align with both Plan Hamilton as well as community desired goals. With the strategies presented in this plan, the North End can once again becomea thriving neighborhood. Some of the recommendations madeinclude:
e Gateways and entrance signage e Public artwork e Community gardens and recreation areas e Bike and pedestrian path improvement e Adaptive reuse of vacant properties
Report continued on the next page
Page 30 LJ City of Hamilton Sngearn BUTLER COUNTY OHIO Hamilton, Ohio 450414
Section B: Petition Review:
The proposal is a submitted request by Planning Staff on behalf of the North End residents to have the North End Corridor Revitalization Plan adopted as part of Plan Hamilton, the city’s newly adopted comprehensive plan. The proposal represents a “Major Amendment”to Plan Hamilton. City Council takesfinal action to approve or disapprove a Major Amendmentto Plan Hamilton. The Planning Commission can choose to deny the proposed application or provide a favorable recommendation to City Council to approve the North End Corridor Revitalization Plan.
Section C: Recommendation:
The Planning Department recommendsthe following motion:
The Planning Commission provide a favorable recommendation to City Council to approve the North End Corridor Revitalization Plan.
Section D: Staff Comments / Basis:
if, The plan is consistent with recommendations of Plan Hamilton which call out for revitalization of neighborhoods surrounding the urban core.
2. The plan is consistent with recommendations of and goals of 17 Strong which identifies the North End and other neighborhoodsin the City as inextricably tied to the overall success of the City of Hamilton.
3. The Plan provides a roadmap for future comprehensive study that inventories existing conditions and public input to establish a plan, or roadmap, to guide new development, neighborhood improvements, and investment opportunities within the North End.
Public Hearing: No one in attendanceto discussthe plan. Motion to close the public hearing: Von Stein Second: Horsley
Motion - 1) That the Planning Commission take action to recommendthat City Council approve the amendmentto Plan Hamilton, to adopt the North End Revitalization Plan. a. Motion by: Bowling b. Second: Mathews c. Motion approved unanimously.
Report continued on the next page
eg Page 31 Planning Department City of Hamiltonm 345 High Street, 3rd floor BUTLER COUNTY OHIO Hamilton, Ohio 45011
Adjournment: Motion by: Von Stein Second: Mathews 7:53 pm
ki fkHN
Mr. Dale McAllister Chairperson
Report continued on the next page Page 32 2