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Development News Politics

City Hall Inching Forward With Overhaul of Cincinnati’s Zoning Code

Zoning. The word evokes a sense of bafflement from many people – often serving as a Rorschach test for those outside the urban planning profession. Even to experts, there are different ways to tackle the term; however, the term simply refers to the method of how municipalities regulate the usage of land and dimensional placement of buildings.

Almost every community has them, with the notable exception of Houston, and most two zoning codes are never the same.

In Cincinnati, the last time the city passed a zoning code was in the 1960’s. At that time shopping malls, office parks and subdivisions were all the rage, and the zoning code reflects it. Many zones called for large yards, two cars per dwelling unit, and large parking lots for commercial strip malls. The code was updated over time, with the last significant overhaul occurring more than a decade ago in 2004.

Since that last update, the city has undergone a renaissance that has focused on urban development in previously long-neglected neighborhoods. The current zoning code does not adequately address that change, nor does it address many emerging trends as they relate to sustainable development, bicycle infrastructure or even tiny homes.

In 2012, the City of Cincinnati undertook an effort to redesign the zoning code around the changing development patterns of the city. The code, which is referred to as the Land Development Code, is still in the early stages of drafting and review. The second draft was released in October 2014 and the Planning Department has been making changes and soliciting input in preparation for releasing the third revision.

“Incorporating public input into any draft revising the zoning code is a top priority, and we are making every effort to receive and incorporate public input prior to any draft being presented to the City Planning Commission or mayor and council,” explained Charles Graves III, Cincinnati’s Planning Director. “They will gather additional public feedback and ultimately have the final say on any changes to the Code.”

After looking through the draft code posted on the City’s website, the biggest difference is the visuals. There are plenty of diagrams and drawings that assist with interpreting the code. Aside from that, here is a breakdown of a few major issues the new Land Development Code could potentially address:

Lot Sizes
Lot sizes generally will remain the same for all residential zones; however, there are some proposed changes to mixed commercial zones and other zones. The Planning Department is considering the concept of tiny houses, something UrbanCincy hosted a forum on in 2014, and is a media partner on with to Bradley Cooper’s effort to construct Tiny Houses in Over-the-Rhine.

“There is the opportunity to write some language in the draft Code that would permit the newer concept of tiny house; however, we are seeking input from the public and developers,” Graves said.

Parking
Parking regulations have been revised after consultants made recommendations to the department, but planning staff decided to delve deeper into the issue as parking regulations can be a complex balance between the needs of developers, the surrounding community and other variables. The department has assembled a parking and zoning working group to study best practices from around the country and analyze what works best for the City to use in the update.

Bicycle Parking
Bicycle parking is already required in new private and city-owned parking garages, but it is not generally required for other development. The current draft code calls for a minimum number of bicycle parking spaces for multi-family residential development, commercial, industrial and public development, but Graves told UrbanCincy that his staff is reviewing and having discussions regarding bicycle parking as part of the working group.

Administrative Changes
One of the Planning Department’s main goals in this effort is to allow for an easier and more streamlined permitting process. A part of this is creating something called minor variances that can be approved by a newly created Zoning Administrator position. Minor variances would not need to go through the entire hearings examiner process, which would reduce the wait time for minor and non-controversial variances by weeks. Other initiatives have been proposed by the City Manager Harry Black, which could occur outside the code which could streamline the processes related to permitting and plan review.

Other things such as incorporating green development and sustainability practices into the code are being evaluated in the “light impact development” chapter; however, these items are still being discussed by the staff and their consultants. Planning staff has indicated that they do not have a set date for the release of the third review draft because it is still a work in progress.

“In order to ensure adequate and thorough input there will be plenty of time given for a third public review period once that point is reached,” Graves said.

Public comment is still welcome for review of the second draft code which is available on the City Planning Department website.

Categories
Development News Transportation

Cincinnati Reaches Agreement With Norfolk Southern on Purchase of Wasson Railroad Corridor

Cincinnati City Council’s Neighborhoods Committee gave a unanimous okay to an ordinance that would solidify an agreement to purchase 4.1 miles of railroad right-of-way from Norfolk Southern for $11.8 million, providing a key piece of the 7.6-mile Wasson Way recreational trail.

The agreement would give the City a two-year purchase option for the property, which extends between the Montgomery-Dana intersection along the Norwood/Evanston line to the intersection of Red Bank and Wooster roads in Columbia Township.

The ordinance was a last minute by-leave item on the committee calendar, made necessary due to a TIGER grant application that is due on Friday. Project backers are seeking $17 million of the $20 million project cost, and City support makes their application much more attractive.

The trail has been in the works since 2011, and a group of nearly 20 volunteers with the Wasson Way nonprofit got a big boost when Mayor John Cranley (D), City Manager Harry Black, and City staff assisted with the negotiations.

“We started looking at the TIGER grant application,” said Mel McVay, senior planner at Cincinnati’s Department of Transportation & Engineering. “They really talk about ‘ladders of opportunity’, increasing mobility and accessibility for folks throughout the region, and so we saw an opportunity between the property we could purchase and some property we already had, and some existing trails.”

Director of Department of Trade and Development Oscar Bedolla spelled out the project’s urgency.

“One of the statutory requirements associated with the scoring for TIGER is related to readiness,” he said. “And so, the more that we can do to show that the project is potentially shovel-ready enhances our ability to acquire or be selected for TIGER funding.”

Bedolla added that under the terms of the agreement, the City would pay nothing in the first year if it does not proceed with the purchase. If the purchase is pursued within the second year, there would be a 5% fee added to the price.

The City’s matching funding of between $3 million and $4 million for construction costs could be made up of a combination of state and federal grants, plus funds raised by Wasson Way, he said.

Still up in the air is approximately two miles or the corridor between the Columbia Township end point and Newtown, where it could connect with the Little Miami Scenic Trail.

“We’re working on it,” McVay said. “Unfortunately, the railroad was not open to selling any additional property east of that point. We’re investigating three or four ways that we can get farther east to the existing Little Miami Trail. We’re very confident we can get there.”

David Dawson, a resident of Mt. Lookout and realtor with Sibcy Cline, expressed concern about how a long-envisioned light rail line could be brought to the corridor once its freight rail designation is abandoned – a legal process that is handled by the U.S. Surface Transportation Board.

“It just can’t be said enough, in my view, that the City will now become the steward of a very valuable asset,” Dawson said. “This is a regional corridor that, in this day and age, cannot really be duplicated. If we lose that ability to eventually have transit, rail transit, or some sort of transit in the future, we won’t be able to put it back.

Dawson and other rail advocates are calling for the corridor to be railbanked, so that the addition of light rail transit remains an option in the future.

“This doesn’t just connect our neighborhoods, but in the future it has the potential to connect the entire region out to Clermont County,” Dawson said.

The use of this corridor has long been eyed for light rail transit, including in the 2002 MetroMoves regional transit plan. A 2014 study by KZF Design recommended a design solution that would preserve the ability to develop both light rail transit and a trail; and estimated that such an approach would bring the cost of developing the trail to approximately $11.2 million.

Andrea Yang, senior assistant City solicitor, said that the purchase agreement would give the City some time to work out those issues.

“The way that the abandonment process is structured, there is a time period which we could utilize to further investigate other options,” Yang said. “Had we chosen to railbank the property and attempt to preserve it, it would actually follow the same process for abandonment, so there’s definitely time to look into that if that is what Council’s interested in seeing.”

In April, Cincinnati’s Planning Commission voted to place an Interim Development Control Overlay District on this corridor in order to give the city more time to allow plans to progress without new development creating new conflicts.

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Business Development News

Clifton Working With City Hall to Complete Funding for Co-Op Grocery

Cliftonites who have raised more than $1 million to establish an “uptrend” neighborhood grocery store got a big boost of support from the City last Monday.

Cincinnati City Council’s Budget and Finance Committee considered a motion by Vice Mayor David Mann (D), who also resides in Clifton, to include a $550,000 loan to the Clifton Market co-op in the fiscal year 2015-2016 budget. While this idea received general support at the time, it was put on hold for further vetting.

City Manager Harry Black’s proposed budget, which was released on Wednesday, included no line item for this project.

To date, 991 people have paid $200 for a share of the $5.6 million market, which would occupy the 21,972-square-foot space, at 319 Ludlow Avenue, that formerly held Keller’s IGA.

Keller’s IGA closed in 2011, and the community has been unsuccessful in several attempts since then to reestablish a neighborhood grocery store there, including local grocer Steve Goessling who sold the building to the Clifton Market group last month.

No grocery store exists within 1.7 miles, and some of the investors live in nearby neighborhoods.

“They all look to getting Clifton Market up and running as a kind of beacon of hope for getting groceries in their neighborhood,” said Charles Marxen, a field director for Clifton Market who often spends time in the newly-bought building to answer residents’ questions. “Having a grocery in this central location is pertinent to the success and well-being of all of the communities around Clifton.”

Adam Hyland, chair of the Clifton Market board, said that the project would restore the economic engine of the business district. He also said that the closure of Keller’s resulted in a 40% drop in business for Ludlow Avenue establishments.

“It was a social space for the community,” he said. “It was an important place for neighbors to see each other and come together.”

Hyland estimates that the new grocery would create between 60 and 70 jobs, and market studies show that it could attract about 15,000 shoppers per week. Financial estimates show that the group could see $13 million in revenue within the first year.

Brian Frank, co-chair of the Food Action Team of local sustainability network Green Umbrella, added that food co-ops have nearly three times as many local food producers contributing as the average major grocer. They also get more than three times of their inventory from local companies, have higher wages, and provide more healthcare benefits.

“Co-ops may be new to Cincinnati, but this sort of an organization has a national presence in our country,” he said. “There are [grocery co-ops in] 38 states that represent $1.7 billion of economic development across this country.”

Councilmember Chris Seelbach (D) was skeptical at first, but changed his mind when he heard that the co-op had a bank on board to support the project.

“They took it upon themselves, after the City tried unsuccessfully to find another person to operate the grocery store, to find a solution,” Seelbach clarified. “They’ve gotten a bank, whose sole purpose is to make money. Banks are not in the business of helping people open grocery stores. They may say that, but they’re not going to take a risk unless the risk is a good one.”

Both Charlie Winburn (R) and Wendell Young (D) also voiced their support for the specific plan, and the actions being taken by the Clifton community.

“What’s really good that’s going on here is that people in Clifton have made it clear, in no uncertain terms, they want this grocery store,” Young said. “They’re not going to go away; they’re going to get that store. I think it would be a shame if we ignore all the hard work that has gone into making this happen by not doing our part to make sure that they’re successful in this effort.”

Several members of the committee, including Winburn, suggested that the funding package could be a grant, loan, forgivable loan, or a combination of several types. While Councilmember Yvette Simpson (D) was also on-board, she expressed a preference for a grant or forgivable loan due to tight profit margins for grocery stores.

Meanwhile, Winburn managed to cast both his doubts and support for the effort to bring a neighborhood grocery store back to Clifton.

“Be cool,” Winburn cautioned. “Be cool now, because you’re talking about the taxpayers’ money and loaning money, and we have to be fair in the process. I think it’s important that our excitement don’t get in the way of having this group having what we call proper vetting and due diligence.”

In lieu of a line item in the City’s budget, he also suggested that there may be grant money available through the Ohio Department of Development.

Categories
News Transportation

New Center City On-Street Parking Rates, Hours of Enforcement Now In Effect

New parking rates and hours of operation went into effect for the Central Business District and Over-the-Rhine on Friday. The changes come after Cincinnati City Council approved the matter in November 2014.

Under the arrangement, 500 new electronic parking meters have been installed throughout Over-the-Rhine to complement the existing set already in place in the Central Business District. Over the coming weeks, the City of Cincinnati will also be installing 1,000 additional electronic meters throughout the Clifton, Hyde Park, Mt. Lookout, Northside, O’Bryonville, Oakley, and Pleasant Ridge neighborhood business districts, as well as key locations throughout Uptown.

The electronic meters, officials say, are meant to replace the old ones with newer models that accept credit card payments and are compatible with future plans for pay-by-phone technology and dynamic pricing structures. Pay-by-phone capabilities are expected to be operational by the middle of 2015.

While nearly a dozen neighborhoods will benefit from the new technology, only Over-the-Rhine will see its on-street parking policies change across the board. As part of the new policy, parking rates in Over-the-Rhine will double to $1/hour; while rates will remain set at $.50/hour and $2/hour in the other neighborhoods and in the Central Business District, respectively.

As of today, parking meters in the Central Business District and Over-the-Rhine will now also be in effect from 9am to 9pm Monday through Saturday, and 2pm to 9pm on Sundays. Parking hours of enforcement in the remaining 50 neighborhoods, meanwhile, will remain unchanged.

The sweeping changes are meant to help improve the performance of the City’s broken parking system. While many small business owners in Over-the-Rhine have expressed their support for the changes, especially in light of ongoing vandalism of meters in Over-the-Rhine, some believe they have been singled out following the cancellation of a previous agreement that would have raised rates and increased enforcement city-wide.

“I’m not opposed to longer meter hours and higher rates, but what upsets me, as an OTR resident and business owner, is the fact that our neighborhood has been singled out,” Jean-Francois Flechet, owner of Taste of Belgium, wrote in a Facebook post. “The same hours and rates should apply to other neighborhoods.”

The original Parking Lease & Modernization Plan approved in early 2013 was, of course, cancelled by Mayor John Cranley (D) almost immediately upon his arrival at City Hall at the end of 2013. While the mayor and many members of City Council bemoaned the previous plan, a similar plan appears to be taking shape, but in a piece-by-piece approach.

As like the original plan, new electronic meters are being installed that accept credit card payments and utilize dynamic pricing models, meters are being upgraded city-wide, and a contract has been signed with Xerox.

The Cranley Administration has not yet commented on plans for new hours or rates in the city’s remaining neighborhood business districts, where on-street parking meters exist, but they do say that they intend to systematically create multi-space parking that will “produce more aesthetically clean public right-of-way areas in Over-the-Rhine.”

This means that the newly retrofitted parking meters in the historic neighborhood will eventually be removed to make way for multi-space equipment, similar to what has been used in the Central Business District in the past. The upgraded parking meters from Over-the-Rhine will then be shifted to other neighborhoods throughout the city. This process, officials say, could begin as soon as this spring.

In addition to the specific focus on center city neighborhoods, the new parking policy differs from the previously approved plan by creating Sunday hours of enforcement. While the new Sunday hours of enforcement are only in effect for the Central Business District and Over-the-Rhine, it crosses what was considered a red line in the previous public debate over proposed parking changes.

All of the changes are expected to bring confusion to those parking in the affected areas, including a large group of people who drove to Christ Church Cathedral for the Boar’s Head & Yule Log Festival on Sunday. According to Michelle Dillingham, Director of Education at the Greater Cincinnati Coalition for the Homeless, parking enforcement officers ticketed many cars parked on the street during the event.

“I walked out of the Boar’s Head event that was barely an hour long and almost every car had a parking ticket on their windshield…on a Sunday and in front of a church celebrating 75 years of a Cincinnati tradition,” Dillingham wrote. “I don’t know, but it just rubbed me wrong.”

The former Cincinnati City Council candidate went on to say that she had two separate conversations with people, who lived outside of the center city, that were very upset by the situation and would reconsider visiting downtown again due to the aggressive parking enforcement.

City officials acknowledge that there will be a bit of a learning curve, and say they are working to improve awareness of the new rates and hours of enforcement by distributing flyers and working with groups like Downtown Cincinnati Inc. and the Over-the-Rhine Chamber of Commerce to inform drivers of the changes.

Categories
Development News

Revised Agreement for Redevelopment of Pogue’s Garage Poised to Advance This Week

More than a year after an initial deal was proposed to redevelop the aging Pogue’s Garage site into a sleek residential tower, a new deal may actually move forward that will allow for construction to finally move forward.

In November 2013, the City of Cincinnati had entered into a Development Agreement with Flaherty & Collins to build a 15,000-square-foot grocery store, 950-space parking garage and a soaring 30-story residential tower with 300 units costing $94 million. As part of this deal, the City had committed to providing a $12 million forgivable loan to the project. This came after an initial deal to fund the project through the proceeds generated by the then proposed Parking Modernization & Lease program.

The Parking Modernization & Lease program, however, was almost immediately cancelled upon the arrival of Mayor John Cranley (D); who then subsequently stated that the $12 million forgivable loan for the project was “too rich”, and that the entire project should be rethought.

This led to the engagement of the Cincinnati Center City Development Corporation (3CDC), and the new deal that will go before City Council’s Neighborhoods Committee, chaired by Vice Mayor David Mann (D), at 2pm today.

According to a leaked memo from City Manager Harry Black’s office, the new deal is substantially different from the previous Development Agreement. Instead it calls for a $5.5 million grant to Flaherty & Collins to construct an eight-floor residential tower including 208 units, and a $4 million loan to 3CDC to construct a 925-space parking garage and 25,000 square feet of street-level retail space.

The Cranley Administration is touting the deal as a savings for taxpayers, while also not sacrificing too much.

“We inherited an overly rich deal,” Jay Kincaid, Mayor Cranley’s Chief of Staff, told UrbanCincy. “This new deal saves taxpayers $6.5 million, and gives the City control over the garage.”

Much of the savings is realized through the changes to the parking agreement. The previous deal provided the developer a grant to build and operate the parking structure, while the new deal utilizes a $4 million performing loan to be repaid later by 3CDC. Once the loan is paid off, the revenue stream from the parking structure would be shared by the three parties.

The emergency ordinance that will be put before the Neighborhoods Committee today, and then most likely be voted on by the full City Council on Wednesday, also includes a 30-year property tax abatement for the apartment component.

As of now, property tax abatements in Downtown and Over-the-Rhine filter 25% to Cincinnati Public Schools, with the remaining 75% being the actual realized abatement. Starting on January 1, 2015, however, that latter number would be reduced to 67.5% with the 7.5% difference being put into a fund to help cover the costs of operating and maintaining the Cincinnati Streetcar.

With the development losing approximately two-thirds of its height, but only one-third of its number of residential units, it signals that the new development will look quite different than the initial renderings released to the public. The final result may mean smaller residential unit sizes or a wider tower that utilizes more of the site’s footprint.

Yet unanswered is what will happen with Paragon Salon, which has remained in operation at the site despite being served eviction notices from the City. Since the original Development Agreement was signed more than a year ago, the owners of Paragon have claimed the City is violating their lease agreement, and has requested assistance in finding a new location. The City, meanwhile, has rebuffed Paragon and said they will not submit to paying for the costs of its relocation.

One item previously holding up construction on this still unnamed project was the redevelopment of Tower Place Mall into Mabley Place. Now that the parking garage is complete and open for business, City leaders say they feel more confident in closing down Pogue’s Garage to allow for construction to commence.