ThisWeek CW 04/12/2012
More revisions have been made to a proposed downtown zoning code following lengthy discussions among members of the Old Town Committee, city council, city staff and business owners.
The latest version of a proposal aimed at streamlining the zoning code process is now headed to a city council Committee of the Whole meeting scheduled for 6:30 p.m. Monday, April 30, at Town Hall, 10 N. High St.
The proposed changes to the zoning code must be approved by city council before being adopted.
Changes discussed at the April 9 Old Town Committee meeting included allowing owners more time to rebuild if their businesses are damaged or destroyed and establishing “conditional” uses for such things as firearm sales, drive-up windows and sidewalk seating for restaurants.
Planning and Zoning Administrator Andrew Dutton pointed out that various officials and committees have been talking about the zoning changes or almost two years.
“This is the 18th meeting discussing this issue É We had a meeting first with downtown business owners, then public workshops and then several discussions in committees and with staff,” he said. “We want to streamline the zoning code and process to make it easier in downtown to make changes.”
Canal Winchester City Council tabled a vote in March on the changes over concerns about prohibitions created as a part of the proposed zoning for the Old Town District.
Dutton presented a new draft of the zoning changes Monday that addressed those concerns.
“We added a conditional use for drive-up window service and drive-in restaurants,” he said. “We added a caveat to allow existing automotive business to remain or be rebuilt if they are destroyed for a three-year window instead of six months. And we added a section permitting outdoor displays and seating.”
By allowing “conditional” uses, the city would make it possible for property owners to request a variance from the appropriate committee to allow for a specific use (like sidewalk seating outside of a restaurant), according to Dutton. Otherwise, any uses not covered in the ordinance would be considered prohibited.
Development Director Lucas Haire said outdoor displays and seating were added because some businesses have asked about displaying merchandise outside their front doors, and restaurants want to use sidewalk space for outdoor seating.
“Some of these uses came up because this has drug out so long, so that’s why you’re seeing them now,” Haire said. “It’s up to you as to whether you want to deal with these now or if you want to wait and amend the document later.”
The committee members agreed it was appropriate to include them in the proposal now.
“I think, to Lucas’ point, businesses would like to take advantage of these options so if they’re OK we should let them go,” member Rick Deeds said. “What I’m hearing is we want to preserve the heritage, and we don’t want to tear down historic buildings to build a fast-food restaurant.”
Haire said that in the latest revision to the zoning proposal, fast-food restaurants are permitted, but drive-up windows would require review as conditional uses.
NAPA Auto Parts owner John McIntosh said he was concerned that the city wasn’t being clear enough with business owners about what the zoning changes would mean for them.
“I own the NAPA store and when I asked what this zoning change pertained to, nobody told me that if I had a fire and lost my business, I’d be done,” McIntosh said. “I’ve got 40 years into this and for some reason, this city’s zoning doesn’t seem to like automobiles.”
Haire said the proposed changes would give him three years in which to rebuild his business.
“It’s us little people that are going to keep your downtown going. No big corporation is going to come down here,” McIntosh said. “This three-year deal is probably going to work out all right. I’m glad that you guys caught this before it caused a problem.”
One other change made to the proposal was to make firearm sales a conditional use that would require review before being permitted. Council member Joe Abbot said the conditional use would allow the city some regulation of gun sales.
Committee member Steve Donahue said he understands that Dutton and Haire are frustrated by how long the process is taking and thanked them for their patience.
“We want to see the tweaking of this language at the Committee of the Whole meeting for another discussion and then we can take it to council for a vote after that,” Donahue said.