(Council President Umholtz)
(Amended July 6, 2005)
Location Map
Proposed Historic Town Center Parcels Exhibit B
Location Map
Proposed Historic Town Center Parcels Exhibit B
CITY
OF KIRTLAND
ORDINANCE
NUMBER 05-o-27
AN
ORDINANCE ENACTING CODIFIED ORDINANCE CHAPTER 1271 AND AMENDING THE ZONING MAP
OF THE CITY OF KIRTLAND RELATING TO THE CREATION AND REGULATION OF THE HISTORIC
TOWN CENTER DISTRICT (HTC).
WHEREAS,
the Planning and Zoning Commission, after holding a public hearing, has
recommended to the City Council that a new zoning classification entitled
Historic Town Center District (HTC) be created within the City of Kirtland; and
WHEREAS,
the Planning and Zoning Commission, after holding a public hearing, has
recommended to this Council that the property described in Exhibit “B” attached
hereto and incorporated herein, and certain land located on Conley Road,
to-wit: Permanent Parcel Numbers 20-A-006-I-00-006-0, 20-A-006-I-00-007-0 and
20-A-006-I-00-008-0, located in the City of Kirtland, be rezoned from its
current zoning of Residential Districts R-1, R-2 and R-3; Multifamily Dwelling
Districts R-5; Business Districts B-1 and B-2; and General and Industrial
Districts B-4 to Historic Town Center District (HTC); and
WHEREAS, this Council, after conducting a public
hearing, has determined that only the property described in Exhibit “B”
attached hereto and incorporated herein, located in the City of Kirtland, be
rezoned from its current zoning of Residential Districts R-1, R-2 and R-3;
Multifamily Dwelling Districts R-5; Business Districts B-1 and B-2; and General
and Industrial District B-4 to Historic Town Center District (HTC); and
WHEREAS, the Planning and Zoning Commission, on the 13th day of June, 2005, by and through Planning and Zoning Commission Resolution No. 05-PZ-7, has approved and recommended the adoption of Chapter 1271 Historic Town Center District; and
WHEREAS, the Planning and Zoning
Commission, on the 13th day of June, 2005, by and through Planning
and Zoning Commission Resolution No. 05-PZ-9, has approved and recommended the
Amended Zoning Map, as amended by the Planning and Zoning Commission on June 13,
2005, attached hereto and incorporated herein as Exhibit “A”, and certain other land located on Conley Road, to-wit: Permanent Parcel Numbers 20-A-006-I-00-006-0,
20-A-006-I-00-007-0 and 20-A-006-I-00-008-0;
WHEREAS,
this Council on the 6th
day of July, 2005, has determined that the Zoning Map be amended as described
and depicted on the Amended Zoning Map marked as Exhibit “A”, attached hereto
and incorporated herein, excluding land on Conley Road,
to-wit: Permanent Parcel Numbers 20-A-006-I-00-006-0, 20-A-006-I-00-007-0
and 20-A-006-I-00-008-0;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Kirtland, County of Lake, State of Ohio, that:
Section I: Codified
Ordinance Chapter 1271 is hereby enacted to read as follows:
CHAPTER 1271
HISTORIC TOWN CENTER DISTRICT (HTC)
1271.01 PURPOSE
The Historic Town Center District (HTC) is established to preserve, protect and enhance the historic center of the City along State Route 306. The historic character and architectural integrity of existing buildings is to be preserved and guidelines for new development are set forth. The regulations in this District are intended to encourage compact, neighborhood and pedestrian scale retail, service and office uses in the City’s center. This District is established to provide for the sale of convenience retail goods and personal services as well as to provide for the needs of visitors to the many tourist attractions in the area.
1271.02 Permitted, Conditional and Accessory Uses
The following permitted uses, conditional uses and accessory uses are the only uses permitted in this District. Uses not specifically permitted, unless determined by the Planning and Zoning Commission to be similar to uses specifically permitted, shall be considered as prohibited.
1271.03 Permitted Uses
The following uses shall be permitted in the Historic Town Center District:
(a) Retail goods and services entirely within enclosed buildings, including, but not limited to the following:
· Sale, serving and consumption of food and beverages
· Video rental and sales
· Beauty/barber shop
· Convenience store
· Computer sales and service
· Office supplies
· T.V., radio, appliance repair
· Photographic supplies
· Hobbies, crafts, gifts
· Hardware, wallpaper, paint
· Wearing apparel, shoes, hats
· Groceries, meats, fruits, vegetables
· Jewelry
· Flowers
· Furniture, appliances, floor coverings
· Pharmaceuticals
· Sporting goods
· Fitness center
· Bookstores
· Antiques
· Laundry and/or dry cleaning agency, provided no work shall be done on the premises for other outlets
· Self-service laundry
(b) Offices
· Banks, financial, loans
· Professional, including doctor, dentist, attorney, accountant, architect, engineer
· Governmental public utility
· Sales
(c) Public or privately owned buildings of historical or architectural significance operated as an historic attraction.
(d) Place of worship.
(e) All uses permitted in Institutional and Office Districts, except dwellings unless permitted as conditional uses.
(f) Any other use determined by the Planning and Zoning Commission to be similar to the above uses if such use is more appropriate in these districts, pursuant to Chapter 1285.
1271.04 Conditional Uses
The following uses may be permitted provided that each use meets the requirements and standards set forth in Chapter 1285 Conditional Uses.
(a) Single-family dwellings, cluster detached dwellings, townhouses, attached single-family dwellings and multi-family dwellings, provided lot sizes, lot widths, setbacks and yards as shown on a development plan are approved by the Planning and Zoning Commission and City Council.
(b) Mixed-use buildings, which include retail shops, service establishments and offices, and residential dwelling units in the same building.
(c) Outdoor serving and consumption and carry-out sales of food and beverages in connection with an established eating facility.
(d) Day-care center.
(e) Instructional or training facility.
(f) Hotel, motel, tourist home, bed and breakfast establishment.
1271.05 Accessory Uses
The following accessory uses shall be permitted in the Historic Town Center District:
(a) Signs as permitted and as regulated in Chapter 1286.
(b) Off-street parking and loading as permitted and as regulated in Chapter 1288.
(c) Trash and material storage enclosed in a building or in an approved structure or enclosure.
(d) Restaurant or snack bar within an office building, public building or motel or hotel.
(e) Any other use customarily incident to the operation of a permitted residential, retail use or service.
(f) Conference center in connection with a motel or hotel.
1271.06 Minimum Lot Area and Width Requirements
(a) Minimum Lot Area
A minimum lot area for the following permitted or conditional uses shall be:
· Motels, hotels – two acres. The minimum lot area per bedroom unit shall be not less than 2,000 square feet.
· The minimum development area for single-family dwellings, cluster detached dwellings, townhouses, attached single-family dwellings and multi-family dwellings shall be not less than two acres. The minimum lot area per unit shall be not less than 5000 square feet.
· The minimum lot area per unit in a mixed-use building shall be not less than 2000 square feet.
· All other permitted and conditional uses – within the Historic Town Center District there shall be no minimum lot area, provided the use shall meet all yard requirements.
· Minimum dwelling unit densities for multi-family dwellings shall be as provided in the R-5 District.
(b) Lot Width Requirements
The minimum lot width, measured at the required setback, for the following permitted or conditional uses shall be:
· Motels, hotels – 200 feet.
· All other permitted and conditional uses – within the Historic Town Center District no minimum lot width is required if the use meets all required yards.
· Minimum required frontage for a multi-family dwelling development shall be not less than 200 feet.
1271.07 Yard Requirements
Front, side and rear yards shall be provided on each lot occupied by a main, conditional or accessory building or use according to the following schedule:
_______________________________________________________________________________________
Minimum Yard Dimensions (feet)
_______________________________________________________________________________________
Building or Use Front Yard Side Yard Rear Yard________
From From Adjoins Adjoins Abuts Adjoins Adjoins
Center Lot Res. Non-Res. Street Res. Non-Res.
Line Line Use Use (corner) Use Use
(a) (a) (d)
_______________________________________________________________________________________
Any permitted 50 20 10 20 50/20 25 30
dwelling
Any other permitted 50 20 20 (b) 10 60/30 30 15
or conditionally
permitted building or
use; accessory building
Parking Area 50 20 10 (c) 0/5 40/10 10 (c) 0/5
_______________________________________________________________________________________
Loading Area 60 30 40 10 10/30 40 10
_______________________________________________________________________________________
(a) On lots within the Historic Town Center District, the Planning and Zoning Commission may modify the front yard setback requirement by reducing the distance for up to fifty (50) percent if the Commission determines that the overall design of the site will contribute to and enhance the town center concept.
(b) Where an office or business building is planned adjacent to another office or business building, the buildings shall be attached or shall be located not less than the required distance from the lot line.
(c) Required side and rear yards for parking areas shall be landscaped and not used for driveways except as permitted by the Planning and Zoning Commission to connect adjacent parking areas.
(d) First figure is distance from center line; second figure is distance from right-of-way.
1271.08 Maximum Lot Coverage
The maximum area of the lot which may be covered by main and accessory buildings shall not exceed thirty (30) percent.
1271.09 Landscape Requirements
Each lot occupied by a permitted or conditionally permitted use shall have not less than twenty-five (25) percent of the lot landscaped.
The Planning and Zoning Commission may require fencing and/or additional landscaping of side and rear yards where adjacent to residentially used or residentially zoned parcels.
1271.10 Dwelling Unit Area Requirements
For single-family dwellings, cluster detached dwellings, townhouses and attached single-family dwellings, the minimum dwelling unit area shall be as provided in the R-1 and R-2 Districts.
For all other dwelling units, including those in mixed-use structures, the minimum dwelling unit area shall be as provided in the R-5 District.
1271.11 Height Regulations
(a) Permitted buildings shall not exceed three stories and shall not exceed 35 feet in height.
(b) Chimneys, domes, elevator penthouses, skylights, ventilators or other necessary appurtenant features usually located on roofs may be erected to a height above the height limitation but in no case shall such features exceed twenty feet above the maximum permitted height.
1271.12 Maximum Ground Floor Area
Within the District, the ground floor area of any building use except for governmentally owned buildings, churches and other religious buildings, hotels or motels shall not exceed 10,000 square feet.
1271.13 BUILDING AND SITE DESIGN STANDARDS
(a) Site Development
(1) To the maximum extent feasible, the proposed development shall avoid or minimize land disturbance and grading and preserve the original contours and other natural topographical features of the site and existing trees on the site and shall incorporate measures to minimize soil erosion during all construction phases.
(2) Parking areas shall be treated to minimize the visual impact of parked cars as viewed from the public right-of-way and adjacent properties through the use of plantings and earth berms.
(3) Joint use of parking areas is encouraged. The Planning and Zoning Commission may permit parking to extend to the side or rear property line in the case of a joint parking area.
(4) Utility services on private property shall be placed underground for all new services.
(5) Where a sidewalk/bikeway does not exist in the public right-of-way abutting the applicant’s property, a five-foot wide sidewalk shall be provided by the applicant. A pedestrian/bikeway connection shall occur from the building to the sidewalk/bikeway in the public right-of-way.
(6) To the maximum extent feasible, provision shall be made in the design of the development for connections with existing or future pedestrian systems on adjoining properties, including but not limited to connections to existing or planned future sidewalks, bikeways, or trail systems.
(7) Site features such as service entrances and loading zones shall be screened from adjacent properties and the public right-of-way and located in the side or rear of the lot.
(8) Mechanical equipment shall be located so as not to be visible from any public ways or adjacent residential areas. Where such limitation is not possible, the facilities shall be screened from public view with materials compatible with those used in the building.
(9) All trash containers and trash storage areas shall be screened with a six-foot high masonry enclosure on three sides and a solid gate on the front.
(10) All storage of materials and equipment shall be within enclosed buildings. All business activity shall be within enclosed buildings, except as permitted by the Planning and Zoning Commission.
(11) Decorative fencing such as split rail, wrought iron or wood picket shall be permitted in the front yard and shall not be higher than four feet.
(12) Security fences shall not be permitted in the front building setback, in front of any building or in the side yard setback on a corner lot. Security fences must be screened from view with trees and shrubs. Chain link fencing shall not be permitted.
(b) Vehicular Circulation and Access. Any development in this District shall:
(1) Minimize the number of vehicular turning movements by limiting access points to one. Points of ingress and egress shall be clearly defined and promote the safe movement of traffic.
(2) Provide for the safe and functional movement of vehicles and pedestrians both on and off-site.
(3) Give consideration to the location of existing access points, adjacent to and directly across the street from the site.
(4) Not use driveways as points of ingress and egress for individual parking spaces. Driveway placement should be such that loading and unloading activities will not hinder vehicular ingress or egress.
(5) Be designed so the plants and structures on the site do not interfere with the safe movement of motor vehicle traffic, bicycles or pedestrians.
(6) Encourage vehicular circulation between parcels. Where legally possible, provisions for circulation between adjacent parcels should be provided through coordinated or joint parking systems to minimize curb cuts along the street. (See Figures below.)
(7) Give priority to pedestrian safety and residential character issues when evaluating access design elements.
(8) Maintain curb definitions and prohibit continuous access along the frontage of the site.
(9) Pave all drives and parking areas with concrete, bituminous concrete, brick or paving blocks.
(c) Landscaping
(1) Landscaping shall be used as a transition between uses, and to screen areas from public view and to improve the appearance of developed areas. All yard areas not used for accessory structures and uses shall be landscaped and maintained with grass, trees and shrubs.
(2) Plant materials should be chosen which are indigenous, moderately fast growing, and require minimal maintenance. The landscape design should incorporate the entire site and consist of a palette of plants with year round appeal which may include: annuals, perennials, shrubs or trees.
(3) Landscaping shall be compatible with the City’s Streetscape Plan.
(4) Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade, energy conservation, sound absorption, dust abatement, reduction of glare and screening.
(5) Where landscaping is used as screening it shall be opaque year round.
(6) Landscape screening shall be of a height and density so that it provides the full desired effect within three years growing time.
(7) Landscaping, walls, planters or similar means shall be used to screen parked cars. Whenever structures such as walls or fences are used to create a screen, plants shall be located on the sides of the structure which can be seen from the surrounding streets, walks and other properties which are used by the public. Landscape plans shall be approved by the Planning and Zoning Commission.
(8) All parking areas shall be landscaped with trees, shrubs and fences to provide an effective buffer for any adjacent residential property and public street right-of-ways. Within the interior of the parking areas there should be landscaping to break up large areas of parking.
(9) New and remodeled buildings shall include landscaping in the form of street trees and/or shrubbery along the public right-of-way, low shrubbery around the buildings themselves to soften the appearance and landscaping between and along site boundary lines. All street trees shall be at least 3-1/2 inch caliper and shall be spaced a minimum of 25-30 feet apart.
(10) Tree species should be hardy city types and approved by the Planning and Zoning Commission.
(d) Lighting
(1) All exterior lighting shall be an integrated part of the architectural and landscape design concept and compatible with the City’s Streetscape Plan.
(2) All lighting shall be so directed so as not to produce glare and unnecessary diffusion onto adjoining properties.
(e) Location, Orientation, Size and Shape of Buildings
(1) The linear continuity of buildings shall be preserved by placing primary facades parallel to the street.
(2) New and remodeled buildings shall be compatible with their surroundings. Architectural style, bulk, shape, massing, height, scale and form of new and remodeled buildings and the shape between and around buildings shall be consistent with the character of the area and be in harmony with neighboring buildings. Building design and materials shall also be compatible with the historic residential and institutional structures in the City and include gable roofs and residential-type windows and doors.
(3) Buildings with a façade in excess of fifty feet shall be divided into modules not exceeding fifty feet in width. Each module may have a separate entry, display windows and/or other architectural features to distinguish it from adjacent modules.
(f) Exterior Renovation or Alteration of Existing Historic Structures
(1) The distinguishing original qualities of an historic building or structure shall not be destroyed. The removal or alteration of any historic materials or distinctive architectural features shall not occur whenever possible.
(2) Existing houses which are converted to commercial uses shall retain the residential character and general construction design of the period of the structure.
(3) Architectural elements shall be sensitively designed to reflect detailing associated with the particular style of the building.
(4) The design elements of a building addition shall match the design elements of the principal structure, in particular, building materials and color, roof lines and shapes, and window proportions and alignment.
(5) The scale of an addition shall be compatible with the principal structure and surrounding structures and context.
(6) The original pattern of window and door openings and their shape and configuration shall not be altered unless approved by the Planning and Zoning Commission. Window and door openings should not be reduced, enlarged or filled-in on street façade. Replacement windows and doors should match the original size, shape and design as closely as possible.
(7) Original materials shall be repaired, restored and reused whenever possible. Original materials shall not be removed or covered whenever possible. Where necessary missing or deteriorated materials shall be replaced with appropriate recycled or new materials which match the original as closely as possible.
(g) Building Materials and Appurtenances
(1) The architectural character and exterior building materials of new and remodeled buildings shall be harmonious with nearby historic buildings in color and texture, materials, proportion, scale, patterns and opening sizes and shapes.
(2) Construction materials and colors for walls and fences that are visible from the street shall be uniform and compatible with the architectural style, color and building material of the building and its surroundings.
(3) Accessory buildings shall be compatible in design and material with the main structure.
(h) Building and Lot Aesthetics. The specific guidelines for building and lot aesthetics in this subsection have been formatted to provide an illustration of the acceptable and not acceptable methods of building design as it relates to height, scale, massing, setback and other issues. For each specific guideline that follows a description of the recommended approach that the applicant/property owner should “consider” is provided, with an illustration of the result of the design. Similarly, a description is provided of the design approach that the applicant/property owner should “avoid” when designing or remodeling structures in this District.
(1) Height: Acceptable – Relating the overall height of new construction or renovation of existing structures to that of adjacent structures.
Not Acceptable – New construction that greatly varies in height (too high or too low) from older buildings in the vicinity.
(2) Scale: Acceptable – Relating the size and proportions of new structures to the scale of adjacent buildings. Although much larger than its neighbors in terms of square footage, the building shown maintains the same scale and rhythm as the existing buildings.
Not Acceptable – Buildings that in height, width or massing violate the existing scale of the area. The new building shown here disrupts the scale and rhythm of the streetscape.
(3) Massing: Acceptable – Breaking up uninteresting boxlike forms into small, varied masses such as are common on most older buildings. Variety of form and massing are elements essential to the character of the streetscape.
Not Acceptable – Single, monolithic forms that are not relieved by variations in massing. Boxlike facades and forms are intrusive when placed in a streetscape of older buildings that have varied massing and façade articulation.
(4) Directional Expression: Acceptable – Relating the vertical, or nondirectional façade character of new buildings to the predominant directional expression of nearby buildings. Horizontal buildings can be made to relate to the more vertical adjacent structures by breaking the façade into smaller masses that conform to the primary expression of the streetscape.
Not Acceptable – Strongly horizontal or vertical façade expressions unless compatible with the character of structures in the immediate area. The new building shown does not relate well to either its neighbors or to the rhythm of the streetscape because of its unbroken horizontal façade.
(5) Setback: Acceptable – Maintaining the architectural façade lines of streetscape by locating front walls of new building in the same plane as the facades of adjacent buildings. If existing setbacks vary, new building should conform to historic sitting patterns.
Not Acceptable – Violating the existing setback pattern by placing new buildings in front of or behind the historic façade line. Avoid placing buildings at odd angles to the street, unless in an area where diverse sitting already exists.
(6) Sense of Entry: Acceptable – Articulating the main entrances to the building with covered porches, porticos and other pronounced architectural forms.
Not Acceptable – Facades with no strong sense of entry. Side entries or entries not defined by a porch or similar transitional element result in an incompatible “flat” first floor façade.
(7) Roof Shapes: Acceptable – Relating the roof forms of the new building to those found in the area. Although not entirely necessary, duplication of the existing or traditional roof shapes, pitches and materials on new construction is one way of making new structures more visually compatible.
Not Acceptable – Introducing roof shapes, pitches or materials not traditionally used in the area.
(8) Rhythm of Openings: Acceptable – Respecting the recurrent alternation of wall area with door and window elements in the façade. Also consider the width-to-height ratio of bays in the façade. The placement of openings with respect to the façade’s overall composition symmetry, or balanced asymmetry, should be carefully studied.
Not Acceptable – Introducing incompatible façade patterns that upset the rhythm of openings established in surrounding structures. Glass walls and window and door shapes and their locations shown in the example are disrespectful to the adjoining buildings.
1271.14 SITE DEVELOPMENT PLANS
Site development plans and the review of same are required for all development in the Historic Town Center District in compliance with Chapter 1262. The Planning and Zoning Commission shall have the authority to engage such architectural and other professional consultants as it deems necessary for the review of the Site Development Plan. The reasonable cost of the services of such consultants shall be added to the applicant’s fee for the application for Site Development Plan review as an escrow fund to be held by the City from which to pay such costs.
SECTION II: That the zoning classification of certain real property identified by the Permanent Parcel Numbers on file with the Clerk of Council and incorporated herein by this reference as though fully rewritten herein and marked Exhibit “B”, as amended by City Council on July 6, 2005, is hereby reclassified from Residential Districts R-1, R-2 and R-3; Multifamily Dwelling Districts R-5; Business Districts B-1 and B-2; and General and Industrial Districts B-4 to Historic Town Center District (HTC).
SECTION III: That the Amended Zoning Map attached hereto and incorporated herein by reference and marked Exhibit “A”, as amended by City Council on July 6, 2005, on which certain property in the City of Kirtland is rezoned from its current zoning of Residential Districts R-1, R-2 and R-3; Multifamily Dwelling Districts R-5; Business Districts B-1 and B-2; and General and Industrial Districts B-4 to Historic Town Center District (HTC) is hereby adopted.
SECTION IV: That the portions of the existing Zoning Map of the City of Kirtland which are inconsistent with Exhibit “A” attached hereto are hereby repealed.
SECTION V: That pursuant to Section 5, Article V, of the Charter of the City of Kirtland, this Ordinance shall be submitted to the electors of the City of Kirtland for approval or disapproval and that if this Ordinance with Amended Zoning Map is approved by fifty-five percent (55%) of those voting in the election, this Ordinance with Amended Zoning Map shall take effect and become law on the first Monday after the results of the election are certified to the City by the Board of Elections of Lake County, Ohio.
First
Reading: June 20, 2005
Second
Reading: July 6, 2005
Third
Reading: July 11, 2005
DATE PASSED: July 11, 2005 _/s/____________________________________
President of Council
Submitted to the Mayor for his
Approval on this 12th day of
July , 2005.
ATTEST: Approved by the Mayor, this 12th day of
July , 2005.
_/s/______________________________ __/s/___________________________________
Clerk of Council Mayor
Edward J. Podojil
Historic Town Center Dist Adopt Ord