Village Council - it's more than what meets the eye!
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Village Council - it's more than what meets the eye!

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Local government (Brooklyn Heights Village Ohio) votes down resident- business owners solution to her zoning issue by using the zoning status (residential zoning with agricultural use allowed) to halt ...

Local government (Brooklyn Heights Village Ohio) votes down resident- business owners solution to her zoning issue by using the zoning status (residential zoning with agricultural use allowed) to halt economic growth and business on her agricultural land. By using the excuse that she can not park trucks on residential property (even though it is a farm with agricultural use allowed), the council can restrict trucks off of designated roads in Brooklyn Heights, thereby satisfying the many complaints they are getting for truck traffic in the village. Instead, see how Kim is presenting the problem, and the solution so as not to kill the economic opportunities that the trucks bring to her farm. Most of Ohio is pro-agriculture as it is our number 1 industry, but some small local governments don't want any part of agriculture as they sit around and "wait for the recovery" to come to their village! There is something wrong with this picture!

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  • Lets take it one word at a time: Temporary (not permanent, limited by time), Use (function, service, bring into action), Permit (document giving permission)Many communities across the country offer this permit. Easy to find language about it. Seems to be unique to each community. Orange Ca, Adrien MIBH can benefit in several ways.. Source of revenue, a responsive and progressive government ready to tackle all ideas, and also, by predicting temporary events or uses, the safety forces can be properly staffed and ready.
  • All of these things COULD come to BH… and many SHOULD come to BH.. And we should WELCOME THEM HERE. I know next year my farm is a stop for the Cleveland Bike Tour… and a stop on the City Farm Tour sponsored by FB… inviting 32000+ people out to my farm… permit like this gives the police a heads up about things like traffic, parking.
  • There are so many different ways to go about this. Some communities are very vague, others are HIGHLY RESTRICTIVE. Here are a few examples.
  • As you can see, communities have molded this to fit their style. BH should also “mold” the language into a workable ordinance. Wording such as “ temporary use should be in harmony with the character of the zoning district and/or immediate area. The permit process may involve a public hearing, and the fee structure can be anything from zero to thousands…. Depending on each situation. This is not a one-size-fits-all permit.
  • I even read of cities that required a bond be posted just in case the applicant does not follow through on things like clean up. Again… this is not a one-size-fits all type of permit, so covering all bases can take some getting used to. Like all good government, change for the better has to be anticipated…
  • Lets look at this permit (talk about permit) …Now that we have seen an example of a permit, I hope it gives the ordinance committee enough information to move forward and draft a useful permit. I want you to know, that I would be happy to do all the final language for the ordinance and the formatting of the permit if the committee needs me to do this. My presentation shall now switch gears. Lets assume we have this ordinance in place. We have a business with a need to get into compliance with the zoning. This permit will allow her to come into compliance with the zoning. I have filled out my permit and I am now before the governing body to present my project. As you can see, I am asking to use my back 1 acre of the farm,as a parking lot for commercial trucks. I am requesting the permit go for at least a 2 year min. time frame in light of the projected economic recovery time that our nation is going through. Modification of this permit can take place here and now. Notice… the fee is not on the application. A fee chart should be started so any similar applicants can predict the cost of their permit. The fee chart will eventually reveal itself, with a bit of tweeking.
  • Why do they want to stay at my farm? Location. Privacy. Cost savings. Why do I want them there…. Back area, and truthfully, scarey at night, having people around, having man-power around, extra income is always helpful – especially in these hard economic times.. As you can attest. I have actually entertained alpaca sales because of the drivers word or mouth advertising!
  • Truck farm to greenhouses growing tomatoes, to lettuce. To cukes, to tropical plants, to bedding plants to poinsettias…then to alpacas. More changes are in store. CAUV, Current Agri Use Value… county program, based on the soil type and how productive the soil is for commodity crops such as corn and soybeans. Must make $2500 to qualify. Lets look at the tax bill for the parcel in question ….
  • Well, as you can see… my CAUV tax is $466.22… and I just had a re-evaluation take place last year. I’m not going anywhere at this rate. Farming is the best use of this land right now as there is no development going on anywhere near me. In these hard economic times, I am asking that I be allowed to use my back 1 acre of land as a parking lot. I am showing you my taxes so you can get an idea how much of a fee to charge for this type of permit (remember.. Each scenario might have a different permit fee). Careful not to charge yourself out of the game… if your fees are exhorbitant, no new enterprises will ever apply for permits… and you will kill more economic growth in our village. The fee is an integral part of this permit. I am thinking a fair fee for me would be something the drivers can absorb between them (26 of them) and it also protects the village from bogus applications. I think $1000/year is a fair fee for this 1 acre used as a parking lot for commercial trucks. I also think the number of trucks may be something you MIGHT want to limit, so lets say I shall not have over 30 commercial trucks at any time parked in the lot. Remember you can revoke this permit at any time, and it is only temporary so it can be re-adjusted at the renewel time. Moving on from taxes and fees… lets look at the neighboring properties….and their relevance……
  • Read names of property owners… don’t forget Finishing Touch collision shop, Rosby’s truck repair shop (john old building), Organic foods wharehouse and the vacant buildings across the street. These are my neighboring properties and their uses. Truck traffic on SL is not going to end. Truck traffic into my farm is not going to end. ***??? Should all the trucks be turning right out of my driveway to go under the tunnel? The sign says “no through trucks”. So hows that work? Ok, all surrounding properties are industrial at this time, 3 houses that are there have been occupied by the same families since greenhouse times of the 50’s or before. So, can we say a parking lot is NOT out of place for location. Remember.. I am asking for a TEMPORARY permit. BTW… did you see the new truck sales lot that just went in up on Brookpark Rd? It is a perfect location for such a business… and reinforces the concept that our location is desireable to distribution and trucking… just a thought. I predict that more truck related industries will be moving in close by,(plumbers Pipe is a perfect location for a business with a lot of trucks) and we should embrace the aspect of LOCATION to our best use at this time.
  • So here is the farm, and the upper right corner you can see the parking lot.
  • Not only do I not boarder Schaaf Road, NONE OF MY NEIGHBORS have frontage on Schaaf Road! Please don’t try to toss me back into that “one size fits all” issue for the properties north of Schaaf Road. I am sorry they have to exit their properties by coming up between residential houses.. That is not the case with my parcel. I agree that you are completely right when you say that trucks entering and exiting between houses is not safe, nor is it desireable for the residents who live there. Trucks entering and exiting between commercial businesses is completely normal and acceptable. Anyone think that is not true? So, when other property owners come to you… please have the balls to tell them the truth and if they can find another access point to their properties, then we have another potential business area that would be good for BH. Now that we know: Where we are in relation to residential houses, where the property access for entry/exit are, current use and sounding property uses. We need to assess the property at hand…
  • Come in the secure gate… past the building. Marked 10 mph. ** private lot ** as you drive back the railroad is on your left (approx 75 -90 feet above my elevation), and the animal pastures on on your right at approx 8-10 feet above the road elevation… so you are going into a hole in the back of the property.
  • This is a typical daytime – empty lot. Totally fenced and separate from the animals. You can see one of the easement areas that restrict the use of this back lot. The back lot is just shy of 1 acre.
  • Where the landfill rises up…. Muffling sound… on all 4 sides.
  • When the lot is full… late afternoon and night.
  • Keep in mind I also have 2 neorsd sewer easements that divide the property and restrict the use. They are not pretty.
  • As far as the incidences of diesel fuel on the road…. Please raise your fine to a level that will make an impact! If this issue comes down to the spillage accidents, please remember you are allowed to stipulate any issues that you see fit upon me as the applicant… so please, if your uncomfortable… lets solve it now.
  • So please don’t get caught up in worrying about “what is going to happen tomorrow” the recovery is going to take years… not months… this permit is temporary and totally revolkable… and in fact the terms of the permit are stipulated by YOU! I see permits such as this as attractive to start up busineses that have their beginnings with temporary settings and growing to buy/lease/rent land/buildings for a more permanent setting. I see this as business growth and I am asking that you this for all of us here today. Now meet the drivers/owners of the various companies… and please ask them any concerning questions.

Village Council - it's more than what meets the eye! Village Council - it's more than what meets the eye! Presentation Transcript

  • Temporary/specialuse permit
  • What is it?
    Who has it?
    How can we Benefit?
    • New source of revenue
    • More progressive government
    • Better service by safety departments
  • Examples:
    • Temporary Buildings
    • Temporary signage
    • Street Parties/fairs/carnivals
    • Sidewalk Sales/art show/craft show
    • Music Events/concerts
    • Car shows
    • Swap Meets
    • Street Parking
    • Wedding/receptions
    • Modular classrooms/offices
    • Xmas Tree Sales
    • Fruit Stands
    • Farm Events
    • Job Fair
    • ++++++++++++ on and on and on and on ++++++
  • Possible Ordinance language:
    Permits for temporary buildings, structures, and uses may be authorized by the Zoning Board of Appeals for periods not to exceed twenty-four (24) consecutive months in undeveloped areas of the City and twelve (12) consecutive months in developed areas of the City.  The Zoning Board of Appeals shall be the sole arbiter in decisions relating to which areas are undeveloped and which areas are developed. In emergency situations, the City Administrator shall be authorized to issue a temporary permit for a building, structure, or use until such time as a request is brought before the Zoning Board of Appeals for decision.
  • Excerpt from the Orange Municipal Code, Title 17, Chapter 17.10Purpose and Intent. The City recognizes that certain types of land use, due to the nature of the use, require special individual review. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal uses within any zoning district, when such activities are desirable for the community in the short term but would have detrimental effects if allowed to continue on a permanent basis. Temporary uses allowed under this section shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to cause any long term detrimental effects on surrounding properties and the community. The issuance of a temporary use permit does not confer any land use entitlement or property right to the holder of the permit. This permit is revocable with or without cause upon thirty (30) days written notice to the permit holder, unless violations of public health, safety or welfare are occurring, in which case the permit will be immediately revocable.
    When a permit for a temporary building, structure, or use has been granted and the same building, structure, or use is requested for a second time, the Zoning Board of Appeals may grant the permit for up to five (5) consecutive years as long as the conditions of the permit do not change.
  • Possible Proceedure:
    Resident or business owner shall fill out the application for the temporary Permit.
    Application shall be reviewed by the Council? Or Zoning Board or appeals? And a public hearing MAY be necessary.
    Applicant may be notified to appear in person before the governing board to present the project/application.
    The board can approve, deny or ask for clarifications on the permit. The board can also add stipulations or concerns while addressing the applicant.
    The permit shall be signed by the board, and the mayor.
    The applicant shall pay the stated permit fee (each MAY be different)
    A copy of the signed permit shall be mailed to the applicant.
    If the permit is allowed, the correct safety forces, and/or city departments shall be notified.
  • How we got to where we are now… history of the use and tax structure at 4933 Schaaf Lane.
    • 3rd Generation Family farm. One of the longest continual businesses in the Village. Owner is also a private resident of the village for 50 years.
    • 12 acre parcel was classified as “light industrial” zoning until the Master Plan came along, and with it the land was re-zoned to Residential with Agricultural Use allowed.
    • Devaluation of the property meant seeking ways to “recoup” losses. Started using the “CAUV” program at this point.
  • This property is not part of the “north of Schaaf Road” issue….. because
    • My address is Schaaf Lane.
    • Entry and exit are ONLY on Schaaf Lane.
    • Perimeter parcels do not boarder Schaaf Rd. either.
    Their addresses are on Schaaf Road.
    Entry and Exit IS ONLY on Schaaf Road.
    Perimeter parcels do boarder Schaaf Rd.
    Summary: My parcel is unique. Remember… this permit is for the unique situations that arise. Unique scenarios. Temporary basis…
  • EPA inspection Fall 2010
    • A complaint was filed by Andy Pech, Village of Brooklyn Heights.
    • Inspection was made by 2 EPA inspectors.
    • Looking for environmental spills of any sort.
    • No violations found.
    • QUOTE “this is the cleanest site we have ever been asked to inspect”
  • Benefits of this permit
    For Brooklyn Heights, Kim Rassi and all the truck owners.
    • Brooklyn Hts. Gets $$$$ to permit this use.
    • Kim gets $$ for rent of parking spaces.
    • Truck owners get to stay put, saving them time and $$.
    Places that Overcome challenges with progressive government is where people want to live and be associated with.
    Issues that are relevant for today make a difference to this economic recovery… every job and dollar counts!
  • Larry Yurko
    Charles Thomas aka Cookie
    Theron Parker
    Chris Bosak
    Bob Bonelli
    Billy Rak
    Don Golob
    Todd Golob
    Ed Riley
    Al Holmes
    Mark Hayes
    Herb Perkins
    Ramone Latham
    David Reuse
    Robert Smith
    John Nutter
  • Thank you for allowing me to present this to you!