1. business and industrial

VILLAGE OF YELLOW SPRINGS
PLANNING COMMISSION
The Village of Yellow Springs Planning Commission will meet in regular session on Monday
November 10th, 2014 at 7:00 PM in Village Council Chambers on the second floor of the Bryan
Community Center, 100 Dayton Street, Yellow Springs, Ohio 45387
7:00 CALL TO ORDER
ROLL CALL
REVIEW OF AGENDA
7:05 REVIEW OF MINUTES
August 20, 2014 Minutes of Planning Commission
COMMUNICATIONS
Miami Valley Planning and Zoning re: Workshop
7:10 CITIZENS’ COMMENTS
PUBLIC HEARINGS
1. 101 S. Walnut Street, Corner Cone Dairy Bar and Grill: Conditional Use
Application for a mobile vending food truck. (B-1, Central Business District)
Robert Swaney of Dayton Walnut, LLC representing the property owner, Ridgeway
Management, LLC has requested a conditional use permit to allow a mobile vending
food truck to be situated within the existing parking lot located at 101 S. Walnut
Street within the Village of Yellow Springs.
2. 318 Phillips Street – Conditional Use Application for Offices for executive,
administrative, professional, real estate, accounting and similar professional
activities – (R-B, Moderate Density Residential District) – BigHut LLC (Rick and
Chris Kristensen) Agent/Owner has requested a conditional use permit to allow:
offices for executive, administrative, professional, real estate, accounting and similar
professional activities at the property located at 318 Phillips Street within the Village
of Yellow Springs.
AGENDA PLANNING
Discussion of Requests from BZA for Changes to Zoning Code re: Interior Lot Lines and
re: Clarification of Point of Measure for Setbacks.
ADJOURNMENT
Planning Commission
Special Meeting Minutes
Monday, July 14, 2014
Council Chambers 7pm
CALL TO ORDER
The meeting was called to order at 7:00 P.M.
ROLL CALL
Planning Commission members present were John Struewing, Tim Tobey, and Bill Bebko,
Alternate Chris Till sat in for the absent Matt Reed, while Gerald Simms served as alternate for Lori
Askeland. Struewing served as Chair.
REVIEW OF AGENDA
REVIEW OF MINUTES
June 23rd, 2014 Minutes of Planning Commission. Struewing asked for a careful review of the
Minutes, given their importance to Council in providing that body with accurate information regarding the
Solar Array proceedings.
Following a page-by page review, Simms MOVED and Bebko SECONDED a MOTION TO
APPROVE THE MINUTES AS AMENDED for a typo. The MOTION PASSED 5-0 on a VOICE VOTE.
PETITIONS AND COMMUNICATIONS
There were no Petitions or Communications
CITIZEN CONCERNS
There were no Citizen Concerns.
REPORTS
There were no Reports.
OLD BUSINESS
There was no Old Business
PUBLIC HEARINGS
There were no Public Hearings
AGENDA PLANNING
Planning Commission decided to Cancel for August.
ADJOURNMENT
At 7:14 pm, Simms MOVED and Bebko SECONDED a MOTION TO ADJOURN. The
MOTION PASSED 5-0 ON A VOICE VOTE.
__________________________________
John Struewing, Acting Chair
__________________________________
Attest: Judy Kintner, Clerk
Please note: These minutes are not verbatim. A DVD copy of the meeting is available at the Yellow
Springs Library during regular Library hours, and in the Clerk of Council’s office between 9 and 3
Monday through Friday.
1
Registration Information:
28th Annual Miami Valley Planning and Zoning
Workshop
Friday, December 5, 2014
David H. Ponitz Center (Building 12)
Sinclair Community College, 444 West Third
Street, Dayton, OH 45402
Registration is $50 a person and includes all
sessions, parking*, lunch, and the after workshop
social.
*Free parking is available for the garage under the
Ponitz Center (Building 12) only; enter off West
Fourth Street.
Registration deadline: Wednesday, November 26,
2014. We regret that no refunds can be issued
after November 26, 2014.
Questions? Contact Kjirsten Frank at
937-531-6524
or
[email protected]
Register online at:
www.ohioplanning.org/2014MVWorkshop
Keynote Speaker:
Joseph Minicozzi, AICP.,
is the principal of Urban3.
Joe’s cross-training in city
planning in the public and
private sectors, as well as
private sector real estate finance, has allowed him to develop award-winning analytic
tools that have garnered national attention.
Joe is a founding member of the Asheville
Design Center, a non-profit community
design center dedicated to creating livable
communities across all of Western North
Carolina. He has a Bachelor of Architecture
from University of Miami and a Masters in
Architecture and Urban Design from Harvard
University.
Thnnual
A
ey
MiadmZi oVnainllg Workshop
n
Planning a
Thank You To Our Generous Sponsors:
Its time to ride
REGISTER BY MAIL:
Name: _________________________________________
Title: __________________________________________
Organization: ____________________________________
MIAMI VALLEY PLANNING AND ZONING WORKSHOP
C/O APA OHIO
P.O. BOX 4085
COPLEY, OH 44321
Address: _______________________________________
City/State/Zip Code: ______________________________
Daytime Phone: (____)____________________________
Email: ________________________________________
Make checks payable to:
APA-OH
and mail with registration form to:
Miami Valley Planning and Zoning Workshop
c/o APA Ohio
P.O. Box 4085
Copley, OH 44321
28th Annual Miami Valley Planning and Zoning Workshop
Friday, December 5, 2014, David H. Ponitz Center (Building 12)
Sinclair Community College, 444 West Third Street, Dayton, OH 45402
Sponsored by the Miami Valley Section of the American Planning Association, Ohio Chapter
and the Greater Dayton Regional Transit Authority
7:30 AM – Ongoing
Registration
8:00 AM – 9:00 AM Keynote Address
The Dollars and $ense of Development Patterns: Municipalities across the country are struggling to meet financial obligations as revenues decline and costs
increase. This session will explore the fiscal impact of land use and design decisions on the bottom line of cities. Joe Minicozzi will draw from years of research to
help visualize the economic productivity of urban growth patterns, and show how cities can adopt growth and design strategies to ensure long-term financial
solvency.
9:00 AM – 9:15 AM
Break
9:15 AM – 10:45 AM Concurrent Sessions
Zoning & Regulatory Takings: The Basis for Making These Claims and Defense of Them: Land use professionals can find that the disapproval of a zoning
request or denial of a zoning permit can lead to a claim of a regulatory taking. This session will focus on the basis for such claims and legal defenses to these claims.
Recreational Play and the ADA: When a park or recreation facility is built or altered, it must comply with the Americans with Disabilities Act. Learn the applicable
law as it relates to play areas, recreational facilities, walking/biking trails and the like.
Place-Based Comprehensive Community Development: East End Community Services’ vision is to be highly effective in assisting children with poverty and low
income status to become college graduates capable of competing in a global economy. Hear how this vision is realized in inner east Dayton.
Build a Better Board: Most organizations work with a combination of staff and a board of directors, but how effective is your board? This session will focus on
making the most of your board and improving the relationship between staff and board.
Youth Sports Venues and Their Economic Impact: The youth sports travel industry is worth an estimated $7 billion and is growing by 3 to 5 percent annually. This
presentation will provide insight on how to effectively balance partnerships and understand regional demographics along with the most current sport trends.
Calculating Sustainability: Utilizing CommunityViz to Measure Comprehensive Planning Decisions: CommunityViz is emerging as an incredible tool to
visualize and measure the impacts of planning decisions at the community scale. The session will focus on its use in comprehensive planning.
Poverty and Community Engagement: Poverty has reached epidemic proportions in almost every community in the USA. This session proposes a new way of
thinking about poverty, a new definition of poverty, and new strategies for addressing root causes of poverty that also allow one to build community.
10:45 AM – 11:00 AM
Break
11:00 AM – 12:15 PM Concurrent Sessions
Lemonade-Making: How Resilient Communities Turned Destruction into Desirability: Then-and-now images and discussion will demonstrate how resilient
communities united with business and political leaders to respond to the 1913 Flood by keeping cities dry and providing unparalleled public river corridor access.
A Deeper Dive on Doing the Math: The Economics of Urbanism: Joe Minicozzi will dig deeper into case studies and methods of utilizing the economics of
urbanism. His presentation will include Transit Oriented Development case studies, as well as details on effective techniques for visualizing quantitative data.
Where Will the Children Play? Five Rivers MetroParks and Leave No Child Inside: Discover how park agencies can partner with community members to move
forward with their missions and face challenges posed by the threat of NDD -- Nature Deficit Disorder.
Catalyzing Community Development Through Volunteers: Learn how two volunteer driven organizations - Activated Spaces and UpDayton - engage young
professionals to create lasting community development that revitalizes neighborhoods and the downtown Dayton core.
Zoning Out “Where the Buses Don’t Run”: Zoning in rural areas is fundamentally different from urban and suburban communities. This session will explain those
differences and how the practice of zoning can be made more effective and responsive to rural areas.
Planning and Sustainability: Innovation, Collaboration, and Practical Solutions: Our panel of experts reviews emerging trends in new development and
redevelopment that make the best use of our resources, improve the quality of life, and spur economic growth by exploring new options that protect the environment.
Wetlands: Where Are They and Are They Really Protected? Wetlands, a critical component of the health of the Miami Valley bioregion, often face uncertainty
regarding their protection and preservation during the development process. Find out about recent wetland mapping and zoning activities.
12:15 PM – 1:15 PM Lunch and Door Prize Give-Away
1:15 PM – 2:45 PM Concurrent Sessions
The Top 10 Things a Board or Commission Should Never Do: Educate yourself on various topics from building a good record of proceedings, to ex parte
communication, to Sunshine Law issues. Learn tips and suggestions on ways to avoid common pitfalls.
Tricks of the Take: Obtaining Land Through Voluntary Conveyances and Eminent Domain: This session will walk you through the land acquisition process and
provide not only the law but practical pointers to help assure a proper acquisition.
River Recreation Planning Along the Great Miami River: Learn about the partnership of 15 communities and agencies along 99 miles of the Great Miami River
corridor and their collaboration with the US Army Corps of Engineers on a recreation riverfront study.
Landscape and Greenspace Required: The Effect on Plants: Do your landscape and greenspace requirements conflict with proper horticultural practices that will
allow required landscape installations to grow and thrive? Find out how to provide for effective buffers, screening and tree canopies.
The Evolution of Planned Developments: Come hear how some communities are altering their approach to planned developments to better achieve goals and
learn about some best practices for using planned developments.
Remarkable Miami Valley: Celebrating the History of the Miami Valley Through the Ohio Historical Marker Program: Ohio Historical Markers provide a
tangible record of Ohio's history. Learn about the Ohio Historical Marker Program and some of the more interesting markers found around the Miami Valley.
Using Census Data: Which, When and How: What Census data product should I use for my project? How do I get this data? Find the answers at this session.
2:45 PM – 3:00 PM
Break
3:00 – 4:15 PM Concurrent Sessions
What’s Your Problem? Ask a Planning Expert: Got a lingering question you’ve been hankering to ask a planning professional, but the opportunity never
arrived? Well here is your chance to bend the ear of an expert panel to get their viewpoints on all things planning and zoning.
Planning Slam: It’s back! You’ll have to think fast to catch all the amazing ideas zinging and pinging around the room with this fast paced project and idea sharing
forum.
Introduction to the Living Building Challenge: The Living Building Challenge is widely considered the most rigorous sustainability standard in the world. The LBC
is a philosophy as well as a sustainability standard that seeks to challenge designers and planners to achieve the best we can in the built environment.
Community Engagement in Civic Projects: Dayton Metro Library’s Rebuilding Plan: Every stage of Dayton Metro Library’s $187M facilities improvement
process has involved the community. This session will cover the outreach efforts used and the importance of community buy-in.
Conservation Easements: The Good and the Better of Promoting Them in Your Community: Conservation easements can be a great tool for helping to direct
growth and promote green space, stream corridors and agricultural land uses in your community. Learn the who, what, where, when and why of these easements.
4:30 PM – 6:30 PM After Workshop Social in Dayton’s Oregon District
We have applied for AICP CM credits for all sessions.
Due to circumstances beyond our control, it is possible that a session or two may be canceled, change, or not be eligible for AICP CM credits.
PLANNING COMMISSION
MEETING DATE: November 10, 2014
STAFF REPORT: Tamara Ennist, Village Zoning Administrator
LOCATION: 101 S. Walnut Street
ZONING DISTRICT: B-1, Central Business District
APPLICANT: Dayton Walnut, LLC (Representative; Bob Swaney)
PROPERTY OWNER: Ridgeway Management, LLC
REQUESTED ACTION: The request is for a conditional use permit, per Yellow Springs
Zoning Ordinance Section 1250.02 (Schedule of Uses Table), to allow a ‘Mobile Vending (food
truck)’ operation on the property located at 101 S. Walnut Street which is within the B-I, Central
Business zoning district.
HEARING NOTICE: “The Corner Cone Dairy Bar and Grill” - Conditional Use Application
for a mobile vending food truck – 101 S. Walnut Street – (B-1, Central Business District) –
Robert Swaney of Dayton Walnut, LLC representing the property owner, Ridgeway
Management, LLC has requested a conditional use permit to allow a mobile vending food truck
to be situated within the existing parking lot located at 101 S. Walnut Street within the Village of
Yellow Springs. Greene County Parcel ID # F19000100100005800. Applicable Yellow Springs
Zoning Code sections are: Sec. 1250.02 (Schedule of Uses: Business Districts Table) and Sec.
1262.08(d)(1) (Conditional Use-Specific Requirements for Mobile Vending-food truck).
GREENE COUNTY PARCEL ID: # F19000100100005800
PROPERTY INFORMATION AND ANALYSIS:
The property is located at 101 S. Walnut Street which is at the southeast corner of the
intersection of Dayton Street and S. Walnut Street. This is lot 28A of the Yellow Springs All
Replat and contains 0.22 acres. It is located within the B-1, Central Business zoning district
[VYS ZC Chapter 1250] with properties of similar zoning located north, east and south. The
properties to the west on the other side of South Walnut Street are within the R-C, High Density
Residential district.
The property is occupied by The Corner Cone Bar and Grill and owned by Ridgeway
Management, LLC. A seating area is located on the north side of the building and parking is
provided on the south side of the lot. In addition, The Corner Cone offers bicycle rentals. A
bicycle shelter was permitted as an accessory structure and is located behind the front line of the
principal building within the established rear yard. Access to the parking area is from S. Walnut
Street. The mobile vending food truck location is within the parking lot next to the east property
line.
STAFF ANALYSIS OF THE APPLICATION: The applicant has applied for a conditional use
permit to allow the operation of a mobile vending food truck [ZC Sec. 1250.02 Table &
1262.08(d)(3)] on the Corner Cone property. The mobile vending food truck would be located
within the parking lot located southeast of the Corner Cone building along the east property line.
(see map attachment). Access to the parking lot is from S. Walnut Street.
Adequate off-street parking is provided on the Corner Cone site. The current zoning code
requires an open front restaurant/ice cream stand to provide six (6) parking spaces plus one (1)
PC Memo—101 S Walnut Street – Conditional Use - Staff Report 11-6-14
Page Two, 101 S. Walnut Street - Conditional Use, Staff Report
for each employee and one (1) per four (4) seats. However, because this is the Central Business
District, the parking requirement can be reduced by twenty-five (25) percent [ZC Sec.
1264.02(h)]. In addition, the parking requirement can be additionally reduced by the Planning
Commission in accordance to ZC Sec. 1264.02(d) if necessary. It appears that the Corner Cone
property provides at least twelve (12) on-site parking spaces outside of the space used by the
food truck.
CONDITIONAL USE CRITERIA:
Yellow Springs Zoning Ordinance;
Chapter 1250 Business Districts
Section 1250.02 (Table)-Schedule of Uses: Business Districts
Food, Dring, Entertainment and Hospitality;
Mobile vending (food truck) – Conditional Use within the B-1 district.
Section 1262.08(d)(1) Mobile Vending (Food Trucks)
A. Food trucks may be permitted to operate within the B-1, E-1 and I-2 zoning districts.
B. The food truck shall be located only within an approved off-street parking lot;
provided, the food truck shall not displace any required parking spaces.
C. The food truck shall not be located closer than ten feet to any driveway.
D. Outdoor seating may be permitted; provided, written permission is obtained from the
property owner and the seating area does not displace any required parking spaces.
E. Amplified sound and freestanding signs shall not be permitted.
F. The food truck shall be stationary at all times when open for business.
G. The owner or an employee shall be present within the vehicle at all times while open
for business.
H. Access to restroom facilities must be available.
I. The owner or operator of the food truck shall provide trash receptacles, other than
public receptacles.
J. All equipment, other than outdoor seating, shall be inside, attached to or within three
feet of the food truck.
K. Evidence of Greene County health department approval shall be provided.
L. Disposal of wastewater shall be into the sanitary sewer system. The use of storm
drains or any other form of discharge is prohibited.
M. The conditional use approval shall be reviewed annually by the Village manager to
ensure compliance with all standards of this section and any other conditions that may
have been imposed upon the original approval.
Chapter 1264 Off-street Parking and Loading
Section 1264.02 (Table) Parking Requirements by Use
Restaurants, Bars and Clubs
Open Front Restaurant / Ice Cream Stand;
Six (6) parking spaces, plus one (1) parking space per employee and one
(1) parking space per four (4) seats.
PC Memo—101 S Walnut Street – Conditional Use - Staff Report 11-6-14
Page Three, 101 S. Walnut Street - Conditional Use, Staff Report
Corner Cone:
Employees – Two at a time – Requires two (2) parking spaces.
Seating (Outdoor only) – Twenty-four – Requires six (6) parking spaces.
Parking Required – 6 + 2 + 6 = 14 parking spaces
Parking Reduction for the B-1 zoning district (25%) – [14 x 0.75 = 10.5
parking spaces]
Parking Required with the B-1 location reduction = 10.5 parking spaces.
Chapter 1262 Conditional Use Requirements
Section 1262.01 Purpose
Conditional uses are uses of land specifically permitted within a zoning district only with the
approval of the Planning Commission, following a review of the use and its potential impact on
its surroundings. These uses are generally consistent with the purpose of the zoning district in
which they are permitted but, due to unique operational characteristics, may not be desirable or
compatible in all locations within the district. Factors such as traffic, hours of operation, noise,
odor or similar potential nuisance effects require that the conditional use be evaluated relative to
its appropriateness on a case-by-case basis. This chapter establishes the review procedure for
conditional uses and the general standards that must be met for all conditional uses. In addition,
more specific requirements are established for certain individual uses, as necessary, to mitigate
their potential negative impacts.
1262.03 General Standards
Any request for a conditional use shall only be approved upon a finding that each of the
following general standards is satisfied, in addition to any applicable requirements pertaining to
the specific use:
(a) The proposed use will be consistent with the intent and purposes of this zoning code
and the vision, goals and recommendations of the Yellow Springs Comprehensive Plan
and Vision: Yellow Springs and Miami Township.
(b) The proposed use will comply with all applicable requirements of this code, except as
specifically altered in the approved conditional use.
(c) The proposed use will be compatible with the character of the general vicinity.
(d) The area and proposed use will be adequately served by essential public facilities and
services, as applicable, such as highways, streets, police, and fire protection, drainage
structures, refuse disposal, water and sewers, and schools. The applicant or landowner
will be required to install public utilities, streets or other public infrastructure as required
by the Village, state or other agencies to applicable specifications. Dedication of said
public infrastructure may be required.
(e) The proposed use will 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 zoning district.
(f) The proposed use will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district.
(g) The proposed use will not block sight lines from the right of way to existing signs or
windows on the front or side of a building.
PC Memo—101 S Walnut Street – Conditional Use - Staff Report 11-6-14
Page Four, 101 S. Walnut Street - Conditional Use, Staff Report
1264.04 Conditions of Approval
Reasonable conditions may be imposed on the approval of a conditional land use in order to
achieve the following:
(a) Insure public services and facilities affected by the proposed use or activity will be
capable of accommodating increased service and facility loads necessitated by the
proposed use.
(b) Insure that the use is compatible with adjacent conforming land uses and activities.
(c) Protect natural resources; the health, safety, and welfare; and the social and economic
well-being of those who will use the land use or activity under consideration; residents,
business owners and landowners immediately adjacent to the proposed use or activity;
and the community as a whole.
(d) Relate to the valid exercise of the police power and purposes which are affected by
the proposed use or activity.
(e) Meet the purpose of the zoning code, be in compliance with the standards established
in the code for the land use or activity under consideration, and be in compliance with the
zoning district standards.
STAFF RECOMMENDATION: Staff has no concerns and recommends approval.
PC Memo—101 S Walnut Street – Conditional Use - Staff Report 11-6-14
Excerpt of Minutes May 23, 2012
Conditional Use Hearings
Reed described the process to the group, stating that they would hear a summary regarding the
first property in question from Amrhein, then deliberate as a Commission, then open the floor, and finally
return the debate to Planning Commission for a decision. This process, Reed stated, will be used with
each property in sequence.
Amrhein noted that all three hearings refer to the Central Business District (CBD), and that the
relevant code citation is 1256.08(D), specifying drive-in, drive-thru and restaurant carryout businesses.
Amrhein explained that the responsibility for obtaining a conditional use permit lies with the property
owner because the permit stays with the property, not with the vendor.
Amrhein pointed out other code citations relevant to some of the applications, such as accessory
structures, parking requirements: 1268, 1272, and 1256 will all be referenced.
Amrhein summarized the first conditional use item as follows:
1)
101 S. Walnut St. (Corner Cone)
For the past two winters, while the Corner Cone was closed for the season, an Indian food service has
occupied the kitchen, offering a limited carry-out menu. During said operations, an enclosure of wood
framing and plastic sheeting was added to the front of the ice-cream vending area beneath the building
overhang. Since the seasonal re-opening of the Corner Cone this spring, the Indian carry-out food has
been offered from a converted RV-style trailer located on the east side of the parking lot, just south of the
Corner Cone building.
The trailer is located to the rear of the parking lot, and enough parking spaces remain to meet the
property’s requirements for parking in the Central Business District, including an additional parking space
required by the proposed Conditional Use (for a total of 5). That requirement is met at this time.
The trailer does not appear to obstruct either access or sight lines to any other property. There are
water-line connections from the permanent structure to the trailer by means of garden hoses. No
complaints have been received by this office concerning this food service operation.
Reed CLOSED THE PUBLIC HEARING, and returned the discussion to the Commission.
Amrhein explained restrictions specific to signage, and stated that item #3 should address this.
Staff Recommendations:
1. That this RV-style trailer be permitted as a Conditional Use for one year. Upon expiration of
this Permit, the owner, if desired, shall apply for a new Conditional Use Permit according to the
provisions of Village Ordinances in force at that time. If granted, the Permit should be subject to
the following conditions:
2. That it remain in the current location. Any request to move it to another location on the property
will require a new Conditional Use application.
3. That any additional signage meets all requirements for a sign permit in the CBD, and not block
sightlines to any other business or property.
4. That all items related to the Vendor’s business are stored inside the trailer or off-site when the
business is not operating.
5. That the Vendor’s name and contact information are reported to the Village Finance Director on
an annual basis, so that the Village may forward the information for tax reporting and collection
purposes.
6. If Vendor moves to the principal building during the winter season, the trailer shall be removed
from the premises.
7. Property owner must be able to confirm that vendor has obtained all necessary business licenses
and any required certifications from the Greene County Combined Health District.
Tobey asked for a more specific time frame for moving the trailer during the summer months.
Amrhein suggested seven days.
In answer to a question from Struewing, Amrhein noted that fewer parking spaces are required
now than was the case before changes were made to CBD regulations in 2007 (1256.08(D)) which eased
parking requirements. The requirement is calculated based upon square footage of space in the primary
structure.
Askeland asked about revenue implications to the Village from vendors. Amrhein noted that
vendors pay no property tax, but that they are required to pay income tax within the Village (hence the
requirement that property owners submit contact information for their vendors to the Village Finance
Director).
Amrhein noted that the two relevant issues in addressing Askeland’s question are property tax
revenue and income generated revenue.
Askeland asked to change the wording in the requirements to ask that property owners submit
information on vendors located on their property more frequently than once per year.
After some discussion on this matter, Askeland inquired about the other venders frequent the
downtown area,(particularly the Farmer’ but who have not applied or been asked to apply for variences.
Struewing noted that the zoning code rewrite will address a number of these issues, and Amrhein
follow that remark by urging BZA members to participate fully in that process.
In answer to a question from Reed, Amrhein noted that the conditional use follows the property,
not the owner of the property, but that that specification can be changed by the BZA should they wish to
do so.
Reed OPENED THE PUBLIC HEARING.
Askeland received clarification that the matter at hand is confined to the food vendors, and not to
any other vending use.
Paul Abendroth asked about the legality of signage which is located on the public right-of-way.
Reed CLOSED THE PUBLIC HEARING.
Askeland commented that she is comfortable with the owner’s request for a conditional use at the
Corner Cone. Struewing concurred, but asked that conditional use expire with sale of property.
Planning Commission then addressed the signage issue.
Amrhein stated that he will ask that the owner follow the signage regulation, which are quite
specific in nature. He stated that he will inventory all signs now on the property, but that existing
regulations should cover that issue adequately.
Tobey asked for a specific number of days for the trailer removal. The group agreed to specify
two weeks.
The group agreed to require that the property owner must notify the Village Finance Director of
the vendor’s name and contact information within seven days of occupying the site.
Till argued the point that the owners of the property would not need to obtain permits for selling
food from their property, and wondered why the Village would require such permits from vendors.
Askeland opined that the matter is linked to the necessity for additional parking spots with the
addition of a structure to the property.
Amrhein noted that the regulation for structures in the Central Business District state that no
structure shall exceed 500 sq.ft in size and 20 feet in height, and that accessory structures cannot have
signs. Amrhein noted that food trailers meet this standard.
Struewing commented that all of the properties in question are approved for food carry-out.
Amrhein stated that in his opinion, this is a “new carry-out use” in an accessory structure.”
Amrhein read the definition of “structure” from chapter 1240.09 definition #115, and opined that
the group is, in this case, dealing with a “new, separate use.”
Bebko asked who would provide follow up regarding enforcement of the conditions imposed by
Planning Commission.
Amrhein stated that it is the property owner’s responsibility to assure the vendor’s compliance.
Askeland MOVED to APPROVE the CONDITIONAL USE WITH THE EIGHT SPECIFIED
CONDITIONS AS FOLLOWS:
1. That this RV-style trailer be permitted as a Conditional Use for one year. Upon expiration of
this Permit, the owner, if desired, shall apply for a new Conditional Use Permit according to the
provisions of Village Ordinances in force at that time. If granted, the Permit should be subject to
the following conditions:
2. That it remain in the current location. Any request to move it to another location on the property
will require a new Conditional Use application.
3. That any additional signage meets all requirements for a sign permit in the CBD, and not block
sightlines to any other business or property.
4. That all items related to the Vendor’s business are stored inside the trailer or off-site when the
business is not operating.
5. That the Vendor’s name and contact information are reported to the Village Finance Director on
an annual basis, so that the Village may forward the information for tax reporting and collection
purposes.
6. If Vendor moves to the principal building during the winter season, the trailer shall be removed
from the premises within fourteen days.
7. Property owner must be able to confirm that vendor has obtained all necessary business licenses
and any required certifications from the Greene County Combined Health District.
8. The conditional use expires with any change of property ownership.
BEBKO SECONDED the MOTION. The motion passed 5-0 on a roll call vote.
PLANNING COMMISSION
MEETING DATE: November 10, 2014
STAFF REPORT: Tamara Ennist, Village Zoning Administrator
LOCATION: 140 Miami Drive
ZONING DISTRICT: R-B, Moderate Density Residential
APPLICANT: Rick and Chris Kristensen
PROPERTY OWNER: Big Hut LLC (Rick and Chris Kristensen) Agent Owned
REQUESTED ACTION: The request is for a conditional use permit, per Yellow Springs
Zoning Ordinance Section 1248.02 Table (Schedule of Uses: Residential Districts), to allow a
property within the R-B residential district to be used for the professional offices of the Morgan
Family Foundation (MFF) which is a private family foundation that provides grants and other
support for charitable purposes.
HEARING NOTICE: “318 Phillips Street – Conditional Use Application for Offices for
Executive, administrative, professional, real estate, accounting and similar professional
activities – (R-B, Moderate Density Residential District) – BigHut LLC (Rick and Chris
Kristensen) Agent/Owner has requested a conditional use permit to allow: offices for executive,
administrative, professional, real estate, accounting and similar professional activities at the
property located at 318 Phillips Street within the Village of Yellow Springs. Greene County
Parcel ID #’s F19000100100010800 and F19000100100010900. Applicable Yellow Springs
Zoning Code sections are: Sec. 1248.02 (Schedule of Uses: Residential Districts, Table) and Sec.
1262 (Conditional Use Requirements).”
GREENE COUNTY PARCEL ID: # F19000100100010800 and F19000100100010900
PROPERTY INFORMATION AND ANALYSIS:
The 318 Phillips Street property is located on the west side of Phillips Street between Elm Street
and W. Limestone Street across from the Mills Lawn Elementary School property. The property
is comprised of the south 15’ of lot #62 and the north 26’ of lot #63 of the Yellow Springs
subdivision. It has forty-one feet (41’) of frontage on Phillips Street and is one hundred-twentyseven and a half feet (127.5’) deep, containing 5,227.5 square feet of area. The property contains
a one and a half story residential structure and a detached garage. The properties located to the
north, west and south of this property are all within the R-B, Moderate Density Residential
district. The property to the east, the Mills Lawn Elementary School, is within the R-C, High
Density Residential District.
In the past the property was used as professional offices for ReMax Realty but is currently being
used as a short term rental which the owners market as Springs Cottage.
STAFF ANALYSIS OF THE APPLICATION: The applicant has applied for a conditional use
permit to allow a property within the R-B residential district to be used for the professional
offices of the Morgan Family Foundation (MFF) which is a private family foundation that
provides grants and other support for charitable purposes. The office would be open Monday
through Friday from 8:30am to 5:00 pm and would be staffed by three individuals with a fourth
individual attending a meeting once a week. In addition, there will be quarterly board committee
meetings that could involve consultants or various vendors to MFF and occasional meetings with
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grantees. Also, the Morgan Family Foundation plans to convert the detached garage into a
conference room that could be used by outside groups such as nonprofit charitable organizations
for meetings. These meetings may occur during the day or early evening during the Monday
through Friday week. This conference facility would accommodate up to twelve persons.
CONDITIONAL USE CRITERIA:
Yellow Springs Zoning Ordinance;
Chapter 1248 Residential Districts
Section 1248.02 (Table)-Schedule of Uses: Residential Districts
Non-Residential;
Offices for executive, administrative, professional, real estate, accounting and
similar professional activities – Conditional Use within the R-B, Moderate
Density Residential District.
Chapter 1264 Off-street Parking and Loading
Section 1264.02 (Table) Parking Requirements by Use
Offices;
Business Offices or professional offices of lawyers, architects or similar
professionals;
One for every 300 square feet of usable floor area (UFA), but no less
than five (5) parking spaces.
318 Phillips Street; (gross floor areas)
House (1st floor) 27’ x 32’ = 864 sq. ft.
House (2nd floor) 27’ x 14’ = 378 sq. ft.
Garage - 20’ x 20’
= 400 sq. ft.
1642 sq. ft. Total Gross Floor Area
1642 sq. ft. \ 300 sq. ft. = 5.473 parking spaces
The usable floor area would be less than 1642 sq. ft. therefore the
maximum number of parking spaces required would be less than 5.473
Required Parking – Minimum of five (5) off street parking spaces should be
provided. (The application identifies 3-4 on-site parking spaces at the rear of
the lot and suggests that additional parking will also be provided on either side of
Phillips Street.
Section 1264.02(d) - Modification of Parking Requirements. The Planning Commission may
reduce the parking space requirements of this chapter for any use, based upon a finding that
other forms of travel are available and likely to be used and, in particular, the site design will
incorporate both bicycle parking facilities and pedestrian connections. In addition, one or more
of the following conditions shall also be met:
(1) Shared parking by multiple uses where there will be a high proportion of
multipurpose visits or where uses have peak parking demands during differing times of
the day or days of the week and meeting the following requirements:
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A. Pedestrian connections shall be maintained between the uses.
B. For separate lots, shared parking areas shall be adjacent to each other, with
pedestrian and vehicular connections maintained between the lots.
C. Unless the multiple uses all are within a unified business center, office park or
industrial park all under the same ownership, shared parking agreements shall be
filed with the Clerk of Council after approval by the Planning Commission.
(2) Convenient municipal off-street parking or on-street spaces are located adjacent to the
subject property.
(3) Expectation of walk-in trade is reasonable due to sidewalk connections to adjacent
residential neighborhoods or employment centers. To allow for a parking space
reduction, the site design shall incorporate pedestrian connections to the site and on-site
pedestrian circulation, providing safe and convenient access to the building entrance.
(4) Where the applicant has provided a parking study, conducted by a qualified traffic
engineer, demonstrating that another standard would be more appropriate based on actual
number of employees, expected level of customer traffic, or actual counts at a similar
establishment.
(5) The Planning Commission may require a parking study to document that any one or
more of the criteria (1) through (4) above would be met.
Section 1264.02(e) - Deferred Parking.
(1) Where a reduction in the number of parking spaces is not warranted, but an applicant
demonstrates that the parking requirements for a proposed use would be excessive, the Planning
Commission may defer some of the required parking. A site plan shall designate portions of the
site for future construction of the required parking spaces, meeting the design and dimensional
requirements of this chapter. Any area so designated shall be maintained in a landscaped
appearance and not occupy required buffers, greenbelts or parking lot setbacks, or be used for
any other purpose. Landscaping, such as parking lot trees, that would otherwise be required for
the deferred spaces shall be installed within the deferred parking area.
(2) The deferred parking shall meet the requirements of this chapter, if constructed. Construction
of the additional parking spaces within the deferred parking area may be initiated by the owner
or required by the Village, based on parking needs or observation, and shall require approval of
an amended site plan.
Chapter 1266 Signs
Section 1266.05 Permitted Signs
Section 1266.05 Table – Schedule of Permitted Signs by District
Residential Districts;
Ground sign for non-residential principal uses: One 24 sq. ft. ground sign
would be permitted.
- Maximum height – Six (6) feet.
- Minimum ten (10) feet from the front lot line.
- Minimum ten (10) feet from all other lot lines.
- Two sided.
- Cannot be internally lit.
Wall sign for non-residential principal uses: A wall sign would be permitted.
- One per street frontage, but only one per wall.
- Five (5) percent of the wall area to which it is attached, not exceeding
64 sq. ft.
- Mounted flat against the wall.
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Chapter 1262 Conditional Use Requirements
Section 1262.01 Purpose
Conditional uses are uses of land specifically permitted within a zoning district only with the
approval of the Planning Commission, following a review of the use and its potential impact on
its surroundings. These uses are generally consistent with the purpose of the zoning district in
which they are permitted but, due to unique operational characteristics, may not be desirable or
compatible in all locations within the district. Factors such as traffic, hours of operation, noise,
odor or similar potential nuisance effects require that the conditional use be evaluated relative to
its appropriateness on a case-by-case basis. This chapter establishes the review procedure for
conditional uses and the general standards that must be met for all conditional uses. In addition,
more specific requirements are established for certain individual uses, as necessary, to mitigate
their potential negative impacts.
1262.03 General Standards
Any request for a conditional use shall only be approved upon a finding that each of the
following general standards is satisfied, in addition to any applicable requirements pertaining to
the specific use:
(a) The proposed use will be consistent with the intent and purposes of this zoning code
and the vision, goals and recommendations of the Yellow Springs Comprehensive Plan
and Vision: Yellow Springs and Miami Township.
(b) The proposed use will comply with all applicable requirements of this code, except as
specifically altered in the approved conditional use.
(c) The proposed use will be compatible with the character of the general vicinity.
(d) The area and proposed use will be adequately served by essential public facilities and
services, as applicable, such as highways, streets, police, and fire protection, drainage
structures, refuse disposal, water and sewers, and schools. The applicant or landowner
will be required to install public utilities, streets or other public infrastructure as required
by the Village, state or other agencies to applicable specifications. Dedication of said
public infrastructure may be required.
(e) The proposed use will 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 zoning district.
(f) The proposed use will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district.
(g) The proposed use will not block sight lines from the right of way to existing signs or
windows on the front or side of a building.
1264.04 Conditions of Approval
Reasonable conditions may be imposed on the approval of a conditional land use in order to
achieve the following:
(a) Insure public services and facilities affected by the proposed use or activity will be
capable of accommodating increased service and facility loads necessitated by the
proposed use.
(b) Insure that the use is compatible with adjacent conforming land uses and activities.
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(c) Protect natural resources; the health, safety, and welfare; and the social and economic
well-being of those who will use the land use or activity under consideration; residents,
business owners and landowners immediately adjacent to the proposed use or activity;
and the community as a whole.
(d) Relate to the valid exercise of the police power and purposes which are affected by
the proposed use or activity.
(e) Meet the purpose of the zoning code, be in compliance with the standards established
in the code for the land use or activity under consideration, and be in compliance with the
zoning district standards.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission review
the application and determine whether modification of the required parking spaces would
provide sufficient parking for this use. In addition, the Planning Commission should
consider whether conditions should be imposed on hours of operation and signage.
VYS-PC Memo—318 Phillips Street – Conditional Use - Staff Report 11-6-14