To: Board of Zoning and Planning Members From ... - Upper Arlington

To:From:Board of Zoning and Planning MembersChad D. Gibson, AICP, Senior Planning OfficerJustin A. Milam, AICP, Planning OfficerPrepared for Meeting Dated: Tuesday, January 17, 2012Subject: Review of proposed text amendments to the UnifiedDevelopment Ordinance, Articles 2-7 – ApplicationNo. Ordinance xx-2012.Key Master Plan Objective: Land Use –D9. Improve land use management within Citygovernment.Request:The Unified Development Ordinance (UDO) has been in effect since May 2002(nearly a decade) and has performed exceptionally well since its establishment. Therole of Staff and the Board of Zoning and Planning (BZAP) continues to evolve, and thedevelopment process has become significantly more efficient. As anticipated, there areseveral areas of the code that need slight modifications or updates. This set of updatesincludes a broad range of changes that will facilitate the overall administering of thecode. Many of these changes stem from past issues Staff has faced and is a part ofStaff’s continuing efforts to simplify the code, make it more user-friendly, and eliminateany unnecessary or outdated provisions. Staff would also note that it has draftedupdated and clearer proposed ordinances relating to signage, landscaping and wirelesscommunications, with the hope of bringing it before BZAP sometime in the future.Feedback received tonight will be compiled for a formal vote on the proposedamendments at the February 6, 2012 Work Session.Master Plan:The proposal is consistent with the following Master Plan strategies:Land Use Strategies:1. Preserve residential neighborhoods9. Improve land use management within City government9b. Updating the zoning code in line with Master Plan recommendations1

Zoning Map: means the Zoning Map of the City of Upper Arlington, composed ofnineteen sectional maps, which collectively cover the entire City, each of which ismarked Official Zoning Map of the City of Upper Arlington, Ohio, dated October 9, 1972;also, where the context requires, Plate II of the Zoning Map adopted December 18,1961, showing Minimum Floor Area Supplemental Districts. means the official City ofUpper Arlington map(s), as amended and adopted by City Council, whichincludes zoning, overlay, and historic district boundaries and classificationswithin the community.Rationale: Include specific examples of accessory structures, remove “average breastheight” because it’s not referenced in the code, add a “banquet hall” definition since weadded a parking ratio for this type of use last year, and revise the definition of “block” tohelp staff better interpret Article 7.17 for new home neighborhood compatibility. The“zoning certificate” definition is changed to a “Certificate of Zoning Compliance”, a definitionof development cover was added, and the definition of “zoning map” was amended forclarification. “Display sign” and “Parking cover” were both removed because they are notreferenced in the code. “Frontage, where measured” is to be removed because it’s inconflict with Article 6.01(B)(10) which states that frontage be measured at the right-of-wayline.Revise UDO Article 4.02: Consolidating Approvals§4.02 Consolidating Approvals ApplicationsRationale: Change “approvals” to “applications” since the BZAP review has not yetcommenced.REVISE: UDO Article 4.05: Development Approvals: Categories and CriteriaL. Sign Permit: No display sign, whether permanent or temporary, shall hereafterbe erected, constructed or maintained until a sign permit has been issued by theDirector of Development. This provision shall not apply to signs described inSection 6.06 C. The application for a sign permit shall be a Certificate of ZoningCompliance as defined in Section 4.05 D.1. Standards for Approval: The following standards shall be considered inthe review of Sign Permit applications:a. The Sign Permit application fulfills the purposes and intent of theUDO;b. The Sign Permit application is in concurrence with relevant Cityplans and policies; andc. The public’s health, safety and welfare will not be adverselyimpacted by the proposal; andd. The Sign Permit application meets the provisions of acomprehensive graphics plan that may be in place for thedevelopment.Rationale: Revise the standards of approval standards for sign permits.3

ADD: UDO Article 4.05: Development Approvals: Categories and CriteriaS. Graphics Plan: Prior to issuing a Sign Permit in any PMUD-zoneddevelopment, a plan demonstrating the types, sizes and locations ofsignage permitted in the development shall be approved by BZAP.1. Standards for Approval: The following standards shall be consideredin the review of Graphics Plan applications:a. The Graphics Plan fulfills the purposes and intent of the UDO;b. The Graphics Plan application is in concurrence with relevantCity plans and policies; andc. The public’s health, safety and welfare will not be adverselyimpacted by the proposal.Rationale: Add standards of approval for comprehensive graphics plan applications.REVISE: UDO Article 4.06(G): Dedication or Vacation of Streets, Alleys andEasementsCity Council may, by ordinance, dedicate or vacate any street, road, highway, alley oreasement upon finding that there is good cause for such dedication or vacation. Any suchdedication or vacation shall first be reviewed by the Department of Development, in orderto make a recommendation to City Council. Notice of the intention of Council to dedicateor vacate any street, road, highway, alley, or easement shall be published once in anewspaper of general circulation in the City at least 21 days preceding such and shall besent via certified mail, at least 10 days preceding such action, to all property ownersabutting or within 100 feet of the street, road, highway, alley or easement to be dedicatedor vacated. The notification shall include a description of the street, alley, or easement tobe dedicated or vacated and the date scheduled for Council to consider the matter. Forvacation of any easement or right-of-way, letters of approval from all pertinent utilitycompanies is required. Any application to dedicate or vacate any street, road, highway,alley, or easement shall be in compliance with UACO 223.12 and 933.22 and beaccompanied by a fee and a deposit to cover the notification costs.Rationale: Codify the process for dedicating easements to the City.REVISE: UDO Article 4.07(F): Conditional UseConditional Use: The submittal for approval of a Conditional Use shall include anapplication form for a Conditional Use with related materials and fee, unless includedwithin a development plan or site plan application. The application shall include at aminimum:Rationale: Note that a Conditional Use application is not needed if included with adevelopment plan or site plan application. This is already mentioned in the UDO underArticle 4.02 on consolidating applications.4

REVISE: UDO Table 5-A: Residential UsesUse Residential DistrictR-S R-1 R-2 R-3 RO-3 R-4 RCD-2 RCD-3 RCD-4AccessorySurfaceParkingLotPr C C C C C C C CRationale: Add the word “accessory” to the existing “surface parking lot” use. This clarifiesthat surface parking lots would only be permitted with conditional use approval by BZAPand as an accessory to a nearby or adjacent use.REVISE: UDO Table 5-C: Commercial UsesCommercial DistrictsB-1 B-2 B-3 PB-3 O ORCSurfaceandStructuredParkingC C C C C CRationale: Add “surface and structured parking” as a conditional use in commercialdistricts. This was left out of Table 5-C, but is included in Table 5-D for PMUD Uses.REVISE: UDO Article 6.04(A): Stormwater and Drainage StandardsA. Purpose and Applicability: The purpose of these stormwater drainagestandards is to provide adequate facilities to accommodate stormwater runoff createdby a development project, either through on-site or off-site improvements or alterationsto the existing drainage system. The requirements of this Section shall apply to allproperties within the City.Rationale: Relocate UDO Article 6.04(E) to 6.04(A) so that a development coveragelimitation and bonus provision could be inserted without significantly modifying thestormwater ordinance format. The stormwater and drainage standards apply to all UpperArlington properties, not just new developments or residential districts as mistakenly notedin the current ordinance.5

REVISE: UDO Article 6.04(E):E. Paving of Lots in Residential Districts: The requirements of Section 6.04 shallapply to all residential districts within the City.E. Development coverage limitations: Development coverage on all propertyshall not exceed the percentage limitations specified in Table 5-F andTable 5-G. A development coverage bonus shall be permitted with theinstallation of a swimming pool or the use of a permeable pavementmaterial approved by the Director of Development. The swimming poolbonus shall not exceed the limitations specified in Table 5-F. Thepermeable pavement bonus shall be determined by the followingcalculation:Percentage of permeable pavement material used within the total lot areamultiplied by the porosity or void fraction percentage of the material used =Bonus permitted in addition to development coverage limitations, notto exceed two percent.The permeable pavement bonus shall not apply within the front yard areaor to properties which already exceed permissible development coveragelimits. The material shall be maintained in good appearance and repair, andshall be kept free of debris that can block open pores. Replacement ofpermeable material with impervious material or paving over permeablematerial shall void the development cover bonus.Rationale: BZAP and Staff have wanted to implement some sort of permeable pavementbonus for a number of years, as a way of encouraging these products in the community.These types of products are ideal for parking areas, sidewalks and patios as they work toreduce stormwater runoff and recharge the groundwater supply, and play an important rolein low-impact development. Limiting the bonus to two percent outside of the front yard willprotect the green and open space views Upper Arlington streets historically provide.REVISE: UDO Article 6.09(D)(1): Detached Garages and Carportsd. Height: No detached garage or carport shall exceed the height limitations specified inTable 5-F for detached garages unless specifically permitted under separate legislation;or, completely located within the buildable area of the lot. If located within thebuildable area of the lot, the detached garage shall not exceed the height limitationsspecified in Table 5-F for principal buildings. if use, shall exceed the rear yard heightplane limits required for principal structures, except as provided in Table 5-Ff. Detached Garage Area Limits: No detached garage or carport shall exceed thedetached garage building cover limit specified in Table 5-F unless completely locatedwithin the buildable area of the lot. A detached garage located completely within thebuildable area of a lot shall not be subject to the limitations associated with detachedgarages. It shall be governed by the limitations regulating principal buildings in the zoningdistrict in which it is located, except that it may not be used as an additional dwelling unitunless permitted in that zoning district.g. Detached Garage Roof and Plate Height: The top plate wall height supporting allsloping roofs shall not exceed nine feet above the parking floor elevation of the garage6

unless completely located within the buildable area of the lot, and the maximum heightto coping or parapet for all flat and sloping roofs with pitches less than four feet of verticalrise in 12 feet of length shall not exceed 14 feet at any point above the parking floorelevation of the garage.Rationale: Simply cleaning up the detached garage and carport ordinance so that itmatches how Staff has interpreted the code and how BZAP has historically reviewed theordinance.REVISE: UDO Article 6.09(D)(12): Private Swimming Pools and Hot Tubsd. Drainage: Provisions shall be made for drainage of swimming pools or hot tubs incompliance with the Ohio Plumbing Code and EPA standards. The discharge ofchlorinated swimming pool water is prohibited, unless discharged to a sanitarysewer system. No direct discharges to surface waters are permitted. De-chlorinatedswimming pool discharges are a permitted discharge to a storm sewer, unless theactivity is found to significantly contribute pollutants to the storm sewer system.Swimming pool water shall be de-chlorinated and void of any chemicals by restingthe water for 48 hours or more before discharging it to a storm sewer. Draining thede-chlorinated swimming pool water into a yard is permitted, provided that waterdoes not discharge onto adjoining properties. These requirements shall notsupersede any requirements by the Ohio Plumbing Code and/or EPA standards.Rationale: Update the City’s code to reference specific Ohio Plumbing Code and Ohio EPAstandards instead of only being a reference. This revision was drafted with the help of theFranklin Soil & Water Conservation District.DELETE: UDO Article 7.06(B)(5)Height Bonus: The portion of a building located within a radius of 50 feet of the right-of-wayof an intersection of two streets may contain an additional story.Rationale: The UDO no longer references stories, only maximum height, for commercialbuildings in commercial districts. This also eliminates an existing conflict in the code.7