Label
TMC Amendments re: Part 11 – Planning and Zoning Code
Plan Commission
L.Cottrell (x2342)
Title
Amending Toledo Municipal Code Part Eleven – Planning and Zoning Code by enacting §1103.1414 entitled Demolition Hearing Procedures (Cherry Street Overlay District); and enacting §1103.1415 Demolition Appeals; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance enacts a new section of the Toledo Municipal Code (“TMC”) as a result of a study to establish demolition criteria for the Cherry Street Overlay District. The change establishes demolition criteria that protect the history of the area while encouraging rehabilitation of buildings. This appeal process and criteria are similar to demolition regulations in other UNO districts of the City. The proposed text amendment is consistent with the stated purpose of the Zoning Code.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, §1103.1414 is enacted to state as follows:
§1103.1414 Demolition Hearing Procedures (Cherry Street Urban Overlay District)
A. The Chery Street Development Organization (CSDO) has review and approval authority
for demolition review under this section after seeking comment from the Plan Commission. A Major Site Plan application shall be required for all demolition requests.
B. When application is made for demolishing a structure within the Cherry Street Urban Overlay District, the Cherry Street Development Organization must grant the application when one or both of the following conditions are found to exist:
1. The structure for which demolition is sought contains no feature so architectural or historical significance, and it does not contribute to maintaining the character of the Cherry Street Urban Overlay District; or
2. There is no reasonable economic return for the structure as it exists and there is no feasibly alternative to demotion submitted to the applicant by concerned organizations of individuals who wish to preserve the structure.
C. Economic Hardship Standards and Criteria
The Cherry Street Development Organization in making a determination of economic hardship, may consider any relevant information, including but not limited to the following standards and criteria:
1. Alternative uses and the economic return they will earn in relation to all the following:
a. estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendation of the Cherry Street Development Organization for changes necessary for the continued use of the building;
b. a report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation, including any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical;
c. estimated market value of the property in its current condition, based on an independent MAI-certified appraiser; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes recommended by Cherry Street Development Organization for the renovation of the existing property for continued use; and
d. testimony from a third party architect, developer, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property, taking into consideration any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical.
2. The current economic return on the property in relation to all the following:
a. the amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased;
b. if the property is income-producing, the annual gross income from the property for the previous 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
d. all appraisals obtained within the previous 2 years by the owner or applicant in connection with the purchase, financing or ownership of the property.
3. The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous 2 years, including testimony and relevant documents regarding:
a. any real estate broker or firm engaged to sell or lease the property;
b. reasonableness of the price or rent sought by the applicant; and
c. any advertisements placed for the sale or rent of the property.
4. Economic incentives and/or funding available to the applicant through federal, state, city of private programs.
5. Other information considered by the respective Cherry Street Development Organization to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives to Demolition Submitted by Others
In deciding on the feasibility of an alternative to demolition, the Cherry Street Development Organization must find that the alternative plan meets the following requirements:
1. It contains a credible short-term and long-term program for the protection and use of the building;
2. It contains financial and architectural plans prepared by architects, engineers, real estate professionals, and other persons experienced in the rehabilitation and reuse of historic buildings; and
3. It has been submitted to the applicant as a good faith proposal containing an offer to enter into a contract at a price that reflects the fair market value of the property based upon three independent MAI-certified appraisers.
E. Additional Application Requirements
An applicant must meet with the Cherry Street Development Organization or the Plan Commission staff, and the applicant must then submit evidence on the following standards and criteria:
1. For a demolition application to be considered by the Cherry Street Development Organization the application must contain sufficient information so that the Cherry Street Development Organization may adequately analyze the application in relation to its standards and criteria and then make a factual decision on the application.
2. The application shall include photographs and a written description of the present condition of the structure for which demolition is sought. The applicant shall include information about any changes in the condition of the structure during the previous 2 years.
3. At the initial meeting with the applicant, the Cherry Street Development Organization or the staff must indicate the information the Cherry Street Development Organization will need for a valid application.
4. For applications based on a lack of reasonable economic return, the applicant has the burden of showing that the property in question is incapable of earning a reasonable economic return in the absence of the proposed demolition. The showing must be made in accordance with the standards and criteria ser forth in Economic Hardships Standards and Criteria.
5. The Planning Director must notify the applicant of any deficiencies in the documentation or other evidence provided.
6. Failure of the applicant to submit the required documentation and/or other evidence will be construed as a failure on the part of the applicant to meet the standard for which the documentation and/or evidence is lacking.
7. After receipt of a completed application in which all required information is attached, the Cherry Street Development Organization must make a determination on the applicant’s submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective Cherry Street Development Organization on or before the Cherry Street Development Organization’s hearing.
G. The respective Cherry Street Development Organization must hold a hearing on the application. The Cherry Street Development Organization, at the hearing, may delay a determination on the application and may impose a waiting period of at least 30 days and not longer than 9 months upon a finding that the structure is of value to the Cherry Street Urban Overlay District and that alternatives to demolition may be feasible and should be actively pursued by both the Cherry Street Development Organization and the applicant. This finding may include written recommendations to the applicant.
H. Upon the imposition of waiting period, the Cherry Street Development Organization must undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the structure.
1. The Cherry Street Development Organization and applicant must investigate the feasibility of all means of preserving the structure. During this period the Cherry Street Development Organization and the applicant must make every reasonable effort to find a demolition alternative for the structure.
2. If the Cherry Street Development Organization and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussion at least every 30 days after the initial meeting. During these meetings the Cherry Street Development Organization must give written notice to the applicant when the Cherry Street Development Organization believes that the structure may be saved if the applicant agrees to a longer waiting period.
I. The Cherry Street Development Organization may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The Cherry Street Development Organization must announce at the initial public hearing that further evidence or documentation from any interested party may be made part of the record by submitting such information to the Planning Director by a date certain. These materials may include one or more plans for an alternative to demolition prepared by concerned organizations or individuals. The Planning Director must transmit any such information received to the Cherry Street Development Organization and the applicant.
K. When the demolition application is first received, the Cherry Street Development Organization must seek the help of neighborhood leaders to suggest that they and the Cherry Street Development Organization work together on developing an alternative to demolition. The Cherry Street Development Organization shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The Cherry Street Development Organization may cause to be establish a three-person economic review panel. The review panel will be comprised of three real estate and redevelopment experts knowledgeable in the economics of renovation, redevelopment and other aspects of rehabilitation.
1. The panel will consist of oner person selected by the Cherry Street Development Organization, one person selected by the applicant and one person selected by the first two appointments. If the first two appointments cannot agree on a third person, the third appointment will be selected by the Planning Director.
2. Within 60 days after the economic review panel is established and before the end of the 6th month of the waiting period, the panel must review the evidence and complete an evaluation of the economic return issue, applying the standards and criteria set forth in the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the Cherry Street Development Organization
M. If, after reviewing all of the evidence, the Cherry Street Development Organization finds as follows below, then the Cherry Street Development Organization must approve the request, conditionally or otherwise. If the Cherry Street Development Organization finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The Cherry Street Development Organization must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the Cherry Street Development Organization at the times specified, or to participate in a meeting arranged by the Cherry Street Development Organization, then the Plan Commission may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request of a demolition is denied, the applicant must develop a program for continuing maintenance for the structure to ensure that the deterioration of the structure is not caused by the neglect of the structure by its owner or by a tenant. Such program must address the condition of the structure, the money currently available for repairs and maintenance, and any funds or in-kind assistance that may be available from interested third parties.
P. After holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the Cherry Street Development Organization, or at any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the Cherry Street Development Organization must prepare a brief report on that structure giving the reasons why the demolition took place. The report must be given to interested neighborhood organizations. At the end of each year the Cherry Street Development Organization must prepare a report summarizing the demolitions that year and the reasons for these demolitions. These summaries must be given to the Mayor, City Council, and interested neighborhood organizations.
SECTION 2. That Toledo Municipal Code, §1103.1415 is enacted to state as follows:
§1103.1415 Demolition Appeals.
A. Decisions concerning demolitions by the Plan Commission may be appealed by the applicant or any other interested person to the City Council Planning and Zoning Committee, in writing, within 7 days of the Plan Commission hearing. Applications must be accompanied by the fee amount that has been established by the City Council.
B. The City Council Planning and Zoning Committee will consider an appeal filed pursuant to this Section within 30 days of receipt of notice of appeal, and must utilize the written findings of that Plan Commission to review economic, historic, architectural and aesthetic features of such structure, the nature and character of the surrounding area, the use of such structure and its cultural importance to the City. A majority vote of the City Council Planning and Zoning Committee is required to overturn a decision of the Plan Commission.
C. In cases involving denial of an application for demolition pursuant to Demolition Hearing Procedures, the Plan Commission and the applicant must present such evidence as will be relevant to the conditions set forth in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must further present evidence upon the efforts made, if any, to find a feasible and prudent alternative to demolition during the pendency of the appeal.
1. In such cases, the City Council Planning and Zoning Committee may, in its discretion, and to facilitate the production of the evidence contemplated herein, defer its final decision to a date no later than 9 months from the initial Plan Commission hearing.
2. The City Council Planning and Zoning Committee may direct the applicant and the Plan Commission to continue discussions as provided for in Demolition Hearing Procedures (G) for the balance of the waiting period.
D. Decisions by the City Council Planning and Zoning Committee will be deemed final administrative orders for appellate purposes and will be thereafter regulated by Revised Code Chapter 2506.
E. No building permit, or other permit necessary for the activity applied for, including environmental changes, may be issued, or if issued will be valid, during the appeal time provided in Section A, during the pendency of a timely-filed appeal before the City Council Planning and Zoning Committee, or during the time prescribed in Revised Code Chapter 2506 for an appeal of a decision of the Plan Commission.
SECTION 3. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide accurate and complete standards for use by property owners.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council