Honorable City Planning Commission Cincinnati, Ohio SUBJECT:
October 7, 2016
A report and recommendation on a proposed demolition to an existing structure and excavation and fill at 2218 Flora Street within Interim Development Control Overlay District No. 77, University Impact Area, in CUF.
BACKGROUND: On April 22, 2015 City Council established Interim Development Control (IDC) Overlay District No. 77, University Impact Area, for a period of three months in order to conduct a study in the community around the University of Cincinnati. This study is examining possible changes to the Zoning Code, Housing Code, and other administrative actions while working with the community on issues including housing conditions, traffic and parking, quality of life issues, and neighborhood character. A nine month extension was approved by City Planning Commission and City Council. IDC No. 77 was extended for an additional six month period by City Planning Commission and City Council and is currently in effect through October 22, 2016, unless extended. According to §1431-15, the City Planning Commission has the duty to review applications in the established IDC #77. The Department of City Planning staff is the designated administrative reviewer. All permits that fall within IDC #77 boundary for new construction, demolition of existing structures, changes in use, site improvements, excavation and fill, are made subject to review by the City Planning Commission in accordance with the “Regulations and Application Review Guidelines for Interim Development Control District No. 77, University Impact Area […] and Designation of Administrative Reviewer.” Permits submitted as part of an approved Planned Development District Final Development Plan shall not be subject to review. The applicant has submitted a permit for a demolition to an existing structure and excavation and fill, at 2218 Flora Street in CUF. The Department of Buildings and Inspections records indicate that a criminal complaint has been filed for this building in Cincinnati Municipal court for failure to comply with orders. The building has been ordered to be kept vacant, and the owner could face a $1000.00 fine and/or 6 months in jail if failing to comply with orders. A permit application for demolition to the existing structure and excavation and fill was filed by the contractor, Ohio Dismantle, LLC, on September 17, 2016. ANALYSIS: According to Section 1431-17 of the Cincinnati Zoning Code, “[t]he administrative reviewer appointed pursuant to subparagraph 1431-7(c) has the duty to prepare an advisory report that evaluates whether the proposed work is in compliance with the application review guidelines adopted. The administrative reviewer has the duty to file the report with the City Planning Commission within 30 business days of the date of application.” These factors or guidelines include: (a) Proposed Work Permitted by Current and Proposed Zoning. The proposed work is permitted or conditionally permitted in the base district, conforms to all standards and performance criteria of the Cincinnati Zoning Code and does not conflict with any proposed amendment to the Cincinnati Zoning Code then under consideration by the City Planning Commission or Council. The underlying zoning is Single-Family (SF-2) which allows for single-family dwelling units with a minimum lot size of 2,000 square feet. Demolition is permitted, but new construction would need to adhere to the SF-2 zoning district. There is no different zoning proposed for this area at the current time.
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(b) Proposed Work Compatibility. The proposed work is compatible with the predominant or prevailing land use, building and structure patterns in the surrounding neighborhood and community. The predominant land use in the area is residential, with a mix of single-family dwelling units and twofamily dwelling units. The proposed demolition will create a vacant site within a residential neighborhood. Any new construction will have to conform to the SF-2 zoning in place and be subject to IDC review if still active. (c) No Detrimental Effect to the Public. The proposed work is not detrimental to the public peace, health, safety or general welfare. The proposed demolition will remove a vacant structure and will be beneficial to the public peace, health, safety, or general welfare. (d) No Adverse Effect on Adjoining Properties. The proposed work has no adverse effect on the access to the property for fire and police protection and adequate public facilities and services, access to light and air from adjoining properties, traffic conditions, transportation requirements and facilities or development and use of adjacent land, structures and buildings. The proposed demolition will leave a vacant site within a residential area and rid a vacant structure. The applicant, adjacent property owners, the CUF Neighborhood Association, and the Clifton Heights Community Urban Redevelopment Corporation were notified of the City Planning Commission meeting. According to IDC #77, “[a]ll applications subject to review in Section 1 above shall be reviewed by the City Planning Commission in accordance of the general standards set forth in Section 1445-13 of the Cincinnati Zoning Code.� Section 1445-13, General Standards; Public Interest, is intended to maximize both the public interest and private benefits. These factors or guidelines include: (a) Zoning. The proposed work conforms to the underlying zone district regulations and is in harmony with the general purposes and intent of the Cincinnati Zoning Code. The underlying zoning of the subject property is zoned Single-Family (SF-2) which allows for singlefamily dwelling units with a minimum lot size of 2000 square feet. Demolition is permitted, but any new construction would have to adhere to the SF-2 zoning district. At this time, there is not a different zoning district proposed for this property as part of the University Impact Area Solutions Study. (b) Guidelines. The proposed work conforms to any guidelines adopted or approved by Council for the district in which the proposed work is located. The proposal will conform to all City demolition guidelines. (c) Plans. The proposed work conforms to a comprehensive plan, any applicable urban design or other plan officially adopted by Council, and any applicable community plan approved by the City Planning Commission. The demolition would conform to the Clifton Heights, University Heights, Fairview Community Plan (1986) and Plan Cincinnati (2012). See further in the staff report for analysis of these two plans. (d) Traffic. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not overload the adjacent streets and the internal circulation system is properly designed. Not applicable to this proposal.
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(e) Buffering. Appropriate buffering is provided to protect adjacent uses or properties from light, noise and visual impacts. Not applicable to this proposal. (f)
Landscaping. Landscaping meets the requirements of Chapter 1423, Landscaping and Buffer Yards. The proposed demolition will leave a vacant parcel of land that will be properly filled, graded, and seeded with grass seed and straw to create a grassy empty lot.
(g) Hours of Operation. Operating hours are compatible with adjacent land uses. Not applicable to this proposal. (h) Neighborhood Compatibility. The proposed work is compatible with the predominant or prevailing land use, building and structure patterns of the neighborhood surrounding the proposed development and will not have a material net cumulative adverse impact on the neighborhood. The demolition will create a vacant site within a residential area. Any new construction will have to conform to the zoning (SF-2) in place and be subject to IDC review if still active. (i)
Proposed Zoning Amendments. The proposed work is consistent with any proposed amendment to the zoning code then under consideration by the City Planning Commission or Council. The goal of this IDC is to allow time for City staff and the CUF community to study zoning and other solutions in the area. At this time, there is no proposed zoning amendment that would be in conflict with the proposed demolition.
(j)
Adverse Effects. Any adverse effect on the access to the property by fire, police, or other public services; access to light and air from adjoining properties; traffic conditions; or the development, usefulness or value of neighboring land and buildings. The demolition will create a vacant site within a residential area, but should not cause any further adverse effects on the surrounding properties.
(k) Blight. The elimination or avoidance of blight. The proposed demolition would eliminate a blighted structure. (l)
Economic Benefits. The promotion of the Cincinnati economy. Not applicable to this proposal.
(m) Job Creation. The creation of jobs both permanently and during construction. Temporary jobs may be created during demolition. (n) Tax Valuation. Any increase in the real property tax duplicate. The proposed demolition will rid the neighborhood of a vacant structure from the area and potentially benefit surrounding property owner’s property values. (o) Private Benefits. The economic and other private benefits to the owner or applicant. The demolition will allow the owner of the property to avoid fines by removal of a structure that has been declared dangerous and unsafe. The demolition of the existing structure will leave a vacant parcel of land that may be developed in the future. The owner currently has no plans for development at the subject property.
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(p) Public Benefits. The public peace, health, safety or general welfare. The demolition will remove a vacant structure and will be beneficial to the public peace, health, safety, or general welfare. The proposed demolition meets or is not applicable to all of the guidelines laid out in Sections 1431-17 and 1445-13 of the Cincinnati Zoning Code. Staff sent notice to the applicant, adjacent property owners, as well as the CUF Neighborhood Association and the Clifton Heights Community Urban Redevelopment Corporation. No support or opposition has been given to staff at the time of writing this report. CONSISTENCY WITH PLANS: The Clifton Heights, University Heights, Fairview Community Plan (1986) states that “every alternative be explored for the rehabilitation of vacant buildings prior to advocating demolition” (page 55). The property owner has stated it is not financially feasible to address the multiple structural issues with the vacant structure and has opted to demolish the existing structure to avoid violations of lawful orders issued by the City of Cincinnati Department of Buildings and Inspections. Within the Live Initiative Area of Plan Cincinnati (2012) is a Strategy to “Support and stabilize our neighborhoods” and an Action Step to “Target demolition of non-contributing, functionally obsolete, nonaccessible, abandoned, condemned buildings” (pg. 160). The demolition would be consistent with this Action Step. NOTICE AND COMMENTS: Staff sent notice to the applicant, adjacent property owners, as well as the CUF Neighborhood Association and the Clifton Heights Community Urban Redevelopment Corporation. No support or opposition has been received by staff at the time of writing this report. RECOMMENDATION: The staff of the Department of City Planning recommends that the City Planning Commission take the following action: 1. ADOPT the Department of City Planning staff findings that the permit application conforms to the application review guidelines for Interim Development Control Overlay District No. 77, University Impact Area, and meets the standards set forth in Cincinnati Zoning Code Section 1431-17, Standards for Review, as discussed on pages one to three (1-3) of this report; and, 2. APPROVE the proposed demolition to an existing structure and excavation and fill at 2218 Flora Street within Interim Development Control Overlay District No. 77, University Impact Area, in CUF.
Respectfully Submitted,
Approved:
Rachel Culley, Intern Department of City Planning
Charles C. Graves, III, Director Department of City Planning