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HomeMy WebLinkAbout05/10/1999 I; ':<1' ':', ,j.';I: ~.l~,':""i'n':il;"rI"~1V~1'~IH ':n_r':nt'1l1lrL:r:.\!:':f1':II~'!J1W'l!":! "m"~~~'I.;/I:'~:,,r I:.J . _I RECORD OF PROCEEDINGS Special Meeting of Dublin City Council Meeting Page 1 DAYTON LEGAL BLANK INC. FOAM NO 10148 Held May 10, 1999 , (YEAR) Mayor Kranstuber called the May 10,1999 meeting to order at 7:15 p.m. Roll Call -, Council Members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga, and Mr. Reiner. Staff Members present were: Mr. Helwig, Mr. Smith, Ms. Dutey, Ms. Clarke, and Ms. Bearden. Mayor Kranstuber announced that tonight's special meeting was scheduled for the purpose of a second reading and public hearing on four development related ordinances that were introduced by Council on April 5, 1999. Council can determine tonight whether to vote on the ordinances or to schedule them for a vote at an upcoming Council meeting. Following brief discussion, the consensus of Council was that the ordinances will be voted upon at the June 7,1999 Council meeting so that they can be included on the advertised agenda for that meeting. Mayor Kranstuber announced that public testimony will be taken on the ordinances tonight and Council discussion will follow. LEGISLA TION SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance 37-99 - An Ordinance Implementing an Interim Density Moratorium on ~ Commercial Office Space on Freeway Frontage Land. There was no one present who asked to testify on this ordinance. Mr. Smith noted that imposing such a moratorium is legally defensible if there is a specific time frame, a specific purpose, and a plan for action during the time period of the moratorium, i.e., a traffic study, etc. In response to Mrs. Boring, Mr. Smith noted that the ordinance was drafted to address the freeway frontage land along 1-270, but Council could include other areas if that is their desire. Mrs. Boring stated that Council needs to undertake more definitive studies on traffic issues, as she believes that the Community Plan is not being adhered to in this regard. The joint CounciI/P&Z/BZA meeting discussion indicated a desire for more traffic modeling to be done in order to assess how the density issue relates to traffic impact. Mayor Kranstuber commented that since the Community Plan has been adopted, there has been no commercial rezoning approved with a higher density than the Plan. The only recent exception was the Pizutti development at Metro, and he believes that was approved prior to adoption of the Community Plan. ~ Mr. Helwig concurred that the maximum density in the Plan for commercial is 17,500, and staff has not brought any proposals to Council with a higher density than that since the Plan was adopted. He noted that the confusion seems to be in regard to the maximum density for interior parcels not along the freeway, i.e., the Tuttle area. Ms. Clarke commented that what was tested with the Community Plan was the density as approved under existing zoning. Numbers and assumptions were plugged into the Plan regarding land that is not yet developed. For sites likely to develop as OLR or R&D, the density assumption was just under 9,000 square feet per acre. Along 1-270, the freeway frontage density was tested at 17,500. ,Where there was access to a commercial roadway, the assumption was for a lower density, 10,000 square feet per acre or less. Staff has strictly adhered to the Community Plan in their recommendations since its adoption. , I :.I : ,Il!'" ,ur;" ,,.IILI,'!I, 'IHldl,,!11 Iii] II ,Ii 11','1 l~;'.'m~.ti; t!'~~ :i'lll I RECORD OF ORDINANCES Special Meeting of Dublin City Council Meeting Page 2 Dayton Legal Blank Co. Form No. 30043 Ordinance No. ...... .............May..lQ..19.99 Passed .......................... ....................................., ......vii.,.;;....... Mr. Adamek recalled that the joint meeting discussion related to the parking ratio for a density of 17.500 and the fact that the parking ratios are higher than the assumptions in the Plan. _. Ms. Clarke agreed that over the past two years. some developers have asked for a higher parking count for office development than in the past. Their density figures are tied to four employees per 1,000 square feet of office building, based on their assumption that more people are being put into a smaller amount of space. This parking ratio is higher than what was assumed in the Community Plan. She agrees that there is a need to re-run the numbers based on this higher parking ratio. Mr. Adamek stated that he would like Council to authorize that the models on traffic be re-run. The number one issue for Dublin residents at this time is traffic management. Mr. McCash stated that another issue is whether the 17,500 square feet per acre density is a maximum or an average, and when is it applied. Mayor Kranstuber noted that if the goal of this ordinance is to achieve a higher quality product, Council already has the discretion to turn projects down. This legislation seems to "tie" Council's hands unnecessarily. Mr. Adamek agreed. ,........, Ordinance 38-99 - An Ordinance Amending Dublin Code Section 153.071(B)(4)(a) Entitled Maximum Lot Coverage. Mayor Kranstuber requested staffto provide a report at this time. Mr. Helwig stated that the Code currently requires that lot coverage, including parking, be no greater than 70 percent. Council requested that staff prepare legislation to reduce this number to 60 percent, leaving the remaining 40 percent as open space. The Pizutti example noted earlier has a lot coverage of 62 percent with 38 percent open space. This legislation would constitute a new requirement for all commercial development. Mayor Kranstuber invited those present to testify at this time. Tim Fallon. 8394 Gleneagles Court stated that he is a Dublin resident and a practicing physician. He owns commercial property along Rings Road which was rezoned to Suburban Office and Institutional District in 1984 in conjunction with Charter Medical. He opposes this ordinance which constitutes a taking of his property by an eminent domain action of the City. Government governs best when it governs least. He urges Council to unanimously oppose this ordinance. Steve Park, Alter Group noted that they have a project currently pending before Planning Commission. He believes that what Council is proposing may be counter-productive to what they are trying to achieve. This measure will not necessarily result in a higher r-- quality development project. A simpler thing would be to request that developers include a detention pond for each parcel which would increase the amount of green space on individual parcels. Improved aesthetics can be achieved in other ways. How the open space is used is much more important than the amount. A high quality development project is best achieved with a good design for each project and with review by City staff. Mayor Kranstuber asked how the 60/40 ratio would relate to the Air Touch buildings. Mr. Park responded that for the Air Touch buildings, the two separate detention ponds that were required would result in meeting the 60/40 standard. Across the country, a more typical lot coverage is 80 to 85 percent hard coverage and 15 to 20 percent open space. Tim Kelton. 8210 Avondale Ridge. Dublin stated that he represents Ruscilli Real Estate I I 'Ii :1,1' 1i~dll . ii I'l! 11 :! !. 'r"Wt> ~-',H'''l't';:\I!HHi~'~!!l'i'I!!li~Ill''!H 'r'1t.t'II1l'HHr,,~ijIP;" lliWIITU",jjffllhhAMk:i, i~ I RECORD OF ORDINANCES Special Meeting of Dublin City Council Meeting Page 3 Dayton Legal Blank Co. Form No. 30043 Ordinance No. ............. ...MaylO,1999 Passed ................... ......................., ...vii',';;... Company. He distributed calculations of the impact on the tax base of a reduction in lot coverage. For illustration purposes, he used a ten acre site, with the assumption of 15,000 square feet per acre for a total of 150,000 square foot building at 70 percent coverage. p--:, Reducing the 70 percent coverage to 60 percent actually results in a loss of 14.3% square feet. This impacts the tax base numbers and therefore the tax revenues. Based on his calculations, an approximate $115,000 per year of real estate, personal property, and employment taxes would be lost with this change. It is incumbent upon City Council to make this decision with an understanding of the potential impact. Mayor Kranstuber asked Mr. Kelton for some examples of developments which meet the 70 percent coverage currently in place. Mr. Kelton responded that the heart hospital project was built at the 70 percent coverage. CheckFree exceeds the 70 percent coverage as the building is over 12 years old. Most of the newer projects for Duke and Ruscilli approach the 70 percent coverage range. The density numbers are driven by parking requirements which have increased by about 20 percent over the last 7-8 years. Mr. Kelton summarized that he has been doing business in Dublin for 12 years and is a resident of Dublin now. He has much concern with this proposed change in terms of Dublin remaining competitive in the marketplace with other communities. Bill Csepela. 6012 G1enfinnan Court stated that he is a Dublin resident and businessman. He represents the Board of Directors of the Dublin Chamber of Commerce, and his .- comments apply to all four development-related ordinances. These ordinances could have a significant impact on both the Dublin business and residential community. The Board of the Chamber has voted unanimously to request that City Council further study the impacts of these ordinances and how they will affect existing businesses and new businesses hoping to relocate to Dublin. The Chamber believes that Council should appoint a committee to investigate the economic impact on the Dublin Schools, the Dublin residents, and the Dublin business community. The Chamber is willing to assist in this study. These are important issues which will affect everyone in Dublin. Don Hunter. 6970 Shady Nelms Drive stated that he represents Duke Realty Investments. He will not repeat what has already been said, particularly in regard to Ordinance 38-99 related to lot coverage. He noted that the lot coverage ratios achieved from a company's return on investment in Dublin are the lowest of any marketplace in the country. Dublin's standards are also way above the norm which is one ofthe reasons Duke has have invested so heavily in this community. He believes that this ordinance will do the opposite of what Council hopes to achieve. Managing the traffic by density is counter- productive. The traffic improvements needed to meet the growth are already planned and being implemented. Taking this step now is unnecessary. The commercial office growth brings in tax revenues which pay for the infrastructure needed to accommodate both internal and external traffic to Dublin. Another factor to keep in mind is that companies today lease space on a short-term basis. If expanding in Dublin becomes too expensive, ,..-, the companies will pick up and move. A corporate user in Dublin pays a 20 percent premium to be located in Dublin. With enactment of this legislation, a 40 percent premium to locate in Dublin would result. Bringing the density down will also cause difficulty in building high quality projects. In addition, the school system will also be affected by this decision. Mayor Kranstuber asked if other cities have a requirement in place of 60 percent lot coverage. Mr. Hunter responded that he is not aware of any other communities with this low percentage of lot coverage. He knows of only one other community that is as stringent with requirements as Dublin - Town and Country, a suburb of St. Louis. Ms. Hide Pitta1uga pointed out that because Dublin has high standards, the real estate I , I iI i .'iI'l ;" "" iii! ,,;j~i 1,1 'I 'I 'i,.i;: 11 1 'i' RECORD OF ORDINANCES Special Meeting of Dublin City Council Meeting Page 4 Dayton Legal Blank Co. Form No. 30043 Ordinance No. ... ...........May.lO,19.99 Passed ....... .......................................................,...................... does hold its value over the long term. She asked for his suggestions in trying to achieve Council's goal. ~ Mr. Hunter responded that the key issue is flexibility so that the developer and the City can achieve the common objective of economically viable projects for the good ofthe community. Dublin has many separate ordinances which result in additional costs. Some communities, such as Easton have allowed the developer to congregate green space. Another consideration is the use of the green space, not the amount of the green space. In addition, Dublin's zoning process is very drawn out - Duke assumes 7 to 8 months to obtain a building permit from Dublin. There are three approaches - cost, market value and income. They are all related. If the costs are too high, businesses will look at other alternatives and may leave Dublin. Marilee Chinnici-Zuercher. 5060 Donegal Cliffs Drive stated that she speaks as a resident and former Chair of Planning & Zoning Commission. Developers have come to Dublin because they have found a community with a high quality of life and an environment in which they could profit from residential and commercial development. Her concern with this legislation is that it does not give enough credit to the development process already in place. The current process engages the public and private sectors to make decisions appropriate for the community. The number one issue for Dublin residents and businesses, based upon surveys, is traffic congestion. The City has developed a traffic plan and it is currently being implemented - projects such as Emerald Parkway, expansion of Frantz/l 61, Martin and Krier Road improvements, Shier Rings intersection -- improvements, the Woerner-Temple extension, etc. It would be inappropriate to make decisions at this time regarding future development without full implementation ofthe solutions contained in the traffic plan. The most important aspect to consider tonight is whether the proposed legislation is brought forward because of self interest, or if it represents the collective wisdom of the Dublin citizens. She urged Council to make their problem solving more inclusive. She recommends that the proposed legislation be open for public disclosure and that everyone affected has an opportunity to learn and to be heard - to engage a true community dialogue. This would result in legislation that will represent the citizens' interests, while maintaining the balance between economic growth and preservation. Charlie Fraas. Don Casto Organization stated that they are opposed to all four ordinances, but he will focus on the density issue. They believe this will take quality away from both the projects and from the City. The reduction ofleasable space, whether retail or office, will require a developer to spend more money per square foot with less return. The bottom line is an important factor in this type of development. The loss of tax revenue is also a key issue as it will result in a loss of City services which in turn makes the area less desirable. He questions if this is really in the City's best interests, or is this basically a taking. The lot coverage currently is 70 percent, and greater flexibility is needed, not less lot coverage. r--c Mayor Kranstuber asked what the lot coverage was for the A very Square retail development. Ms. Clarke responded that the lot coverage was very close to 70 percent. There was a text provision which addressed this in the planned development text. But as written, this ordinance would not apply to a planned development. Mayor Kranstuber commented that office buildings need more parking spaces in most cases, but he seldom sees retail centers where all the parking is full. Perhaps the parking requirements for these retail developments are too high. The land not used for parking could instead be open space. He would prefer that the parking be located behind the center instead of in front as seems to be the current practice. Discussion continued. ;",n',JL~I'l;':l'K't"!tbM~ffj,'iIl'H,f:;1m" II ;W~n!lflm',t~tl~mIWH+I:lI'II,1 ,m"~~l,.t,,~,jl li'l I RECORD OF ORDINANCES . Special Meeting of Dublin City Council Meeting Page 5 Dayton Legal Blank Co. Form No 30043 Ordinance No....... .......M.ay...1.Q...19.99. Passed ......................................... .............., ...................... Ms. Hide Pittaluga emphasized that Council is trying to establish some consistent guidelines for the future. They are not trying to hinder development, but are trying to encourage high quality development. She asked Mr. Fraas for his suggestions to achieve ,.--,. this goal. Mr. Fraas responded that he has worked on many projects in Dublin and has worked in 35 jurisdictions in four states over the past 12 years. Dublin is by far the most restrictive in terms of development standards. This is very positive for Dublin. However, making development even more restrictive may turn away development because of the lack of a reasonable return on the investment. He would prefer greater flexibility within the existing standards. At this point, Mayor Kranstuber invited Council members to comment. Mrs. Boring noted that at the time of the joint CouncillP&Z/BZA meeting, the consensus was to move forward with the drafting of this legislation. She would like to hear Council's input about whether this legislation meets their objectives, and if the goal was actually traffic management. Mr. Adamek stated that he is not in support of the ordinances, and indicated this at the time they were first discussed. He believes that they will negatively impact the long term financials for the City in terms of income and real estate tax. The Community Plan was based upon projections on those items, and adopting these ordinances would have a ,..--, negative impact. Mayor Kranstuber indicated that he believes the intent of the lot coverage ordinance was to obtain more green space. But it also seems to be another method to control density. Mrs. Boring noted that if the intent is to obtain more green space, she is not certain this is the best way to do so. Mr. McCash agreed that the intent of the legislation was to obtain additional green space. It relates to the desire to preserve the rural character, and the thought was that if the green space is required for residential development, it should also be required for commercial development. The example cited as a model was the Metro Center development, and the 60/40 ratio was a number that was desired, assuming that it is workable. Preservation of green space in commercial development was the number one goal identified during the recent goal setting session. It was not meant to address traffic management, but to obtain additional green space. Reducing the amount of developable area by 10 percent will achieve this goal. Mrs. Boring noted that this legislation would take away negotiating power from Council and impact Council's desire to negotiate for something better or something unique in a commercial development. ~ Mr. Peterson commented that he was not able to attend the joint meeting when this legislation was first discussed. He understands the underlying objective, but his concern is with how the 60/40 ratio was derived - was there basis or was an arbitrary lower round number selected. Regardless of what happens with this ordinance, the important policy implication is that Council desires and values having more green space. The economic impact, however, concerns him and he is willing to give this further consideration. Mayor Kranstuber agreed that the intent of the ordinance is good, but in order to support this, he would need more staff analysis of its impact and how it would meet Council's goal of having more green space. Mrs. Boring agreed. I J"'I j. I RECORD OF ORDINANCES Special Meeting of Dublin City Council Meeting Page 6 Dayton Legal Blank Co. Fonn No 30043 Ordinance No. ...... ...........M.a.yJ.Q.J29.9. Passed .................................................................., ......vi'.,.;;....... Mr. Peterson pointed out that Council may be tying their own hands with this legislation. A strict Planning & Zoning process may result in achieving the same goal. His concern is that the 60/40 may be an arbitrary number. ,-,.. Mayor Kranstuber moved to direct staff to further investigate the issues and prepare a memo to Council addressing the following: 1) ways in which other communities have dealt with this issue; 2) examples of recent developments in Dublin and their lot coverage percentage; 3) how the lot coverage would interrelate to the density issue; 4) other options to obtain more of a green space appearance. Ms. Hide Pittaluga seconded the motion. Mr. Hunter suggested that the private sector participate in the information gathering, and volunteered to assist. Mayor Kranstuber indicated that the research should be done by staff, and Mr. Hunter will have an opportunity to comment further at a future Council meeting. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, no; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Mr. Helwig commented that the new senior planner was hired on Friday and will join the staff on June 1. Staff currently has an extremely heavy work load, and he asked that more time be allowed to complete this research. - A date was not set for the next hearing on this ordinance. Ordinance 39-99 - An Ordinance Amending and Enlarging the Duties of the Planning and Zoning Commission to Include Hearing and Deciding Variance Requests for Property Located Within Planned Development Districts. Mr. Helwig commented that staff drafted this legislation at Council's direction. Council's intent is that the same body who reviews planned district proposals would also review related requests for variances. Mayor Kranstuber added that the intent was also to make the process more efficient. Ms. Clarke commented that this codifies what is done now, in part, and streamlines the process. When a standard is made very clear in the text, a text amendment could be handled by Planning Commission versus engaging in a long process with staff, P&Z and Council. She spoke with Mr. Banchefsky about the fact that development standards on single family lots should be exempted from this. Legal staff will draft this amendment. Mayor Kranstuber asked if staff supports this ordinance. Mr. Smith responded that it would streamline the development process, and the appeal rights of an applicant would still be protected. They believe it would make sense. ~ There was no one present who requested to testify on this matter. Mayor Kranstuber stated that the ordinance and amendment described by Ms. Clarke will be scheduled for a vote at the June 7 Council meeting. Ordinance 40-99 - An Ordinance Amending the General Development Standards to Provide for a Two Hundred (200) Foot Minimum Setback Requirement on All Property Adjoining "Scenic Roadways" as Defined in the Community Plan. Mr. Helwig stated that the concept of a 200-foot setback is noted as "desirable" in the adopted Community Plan. The Plan defined the scenic roadways, but this ordinance would codify such a setback. I I :1 : ;1:1 ':: .",.",11 1 i: : RECORD OF PROCEEDINGS w*~w",w'dw'm~mQ"mw'm~m'*~~m,wwMLl!-l;lt~~m~Q!~mm_wm~~'_~'~Qm'_'mst-u~nfiffi!~)ftrUb1i~~CiFd*a-~_mrrlvlrmf~ 1'1 Mfeting peCIa ee mg 0 u m 1 y OunCl ee mgm~~~w,,_~~w~m age Qmw~mm, mm'm~'~mQmm', DAYTON LEGAL BLANK CO. FORM NO. 10148 Hel 19 Mayor Kranstuber invited those present to testify. Jim Hughes. 8610 Milmichael Court, Dublin stated he is with the law firm of Bricker and ,......- Eckler, representing Riverside Hospital and Ohio Health. He is here to request some basic fairness in what they believe the impact of this ordinance would be. He explained that a property in Dublin was purchased by Ohio Health in order to develop a health care center for the area. Ohio Health did not want to purchase the entire property, but had no choice. They have since sold the retail portion of the property and are now developing the health care facility. The ordinance will constitute a hardship for his client for this development. Riverside and Ohio Health have worked closely with the City of Dublin throughout the years and have donated all property as requested, made the changes as requested, and set the road in the location directed by the City. Had they known there would be a 200- foot setback, they would have designed the development differently. The new setback will take an additional 4.2 acres from them and an additional 60 feet along Perimeter Road. This will result in a situation where there will be less than 200 feet of buildable area. He urges Council not to approve this ordinance. Another alternative available would be to delete this portion of Post Road from the scenic roadway designation. This proposed ordinance is a classic example of a taking. Mr. Reiner noted that there was previous discussion among Council about exempting hardship cases from this ordinance. This site which is already under development could certainly be considered as a hardship situation. - Ms. Hide Pittaluga added that Council has been advised by legal counsel about the issue of takings or limiting the value of property in conjunction with this ordinance. The intent of the legislation is to preserve scenic roadways, but not to create undue economic hardship. Council will take these matters into consideration as they deliberate. Dick Loveland. 8159 Riverside Drive stated that his understanding is that the ordinance will impose a 200-foot setback requirement along Riverside Drive, Bright Road and a number of other roadways in Dublin. Over 90 percent of the homes on Riverside Drive north of the freeway to the county line will be in violation of this ordinance. Approval of this ordinance would result in these Riverside Drive property owners as non-conforming users of their properties. There will be future problems with financing or remodeling of their homes. Under the Supreme Court of Ohio 1998 decision in Goldberg vs. Richmond Heights, the courts held that such a zoning designation making property unusable is a taking. Residents are content with their properties as they now exist. He urged Council to defeat this ordinance. Mr. Reiner commented that this ordinance would not impact existing property - those properties would be grandfathered in. Mr. Loveland responded that they would all become non-conforming uses as is the bait store. Non-conforming uses would result in an inability to obtain mortgage financing or ~ to make improvements or additions without obtaining variances. Most residential areas ! ! in Dublin have 30 feet of setback - why does Council want to impose this greater setback along Riverside Drive? Mr. Smith stated that Mr,. Loveland is correct - the Riverside Drive properties noted would be non-conforming uses ifthe ordinance is approved. All of these issues have been addressed in the legal memo forwarded to Council. Dana Freudeman. 8132 Campden Lakes Boulevard. Dublin stated that he is opposed to all ofthe development ordinances on tonight's agenda. He believes firmly that taking away the opportunities for businesses to come to Dublin and grow, providing tax revenue to meet future needs of the City and schools, is counterproductive to everyone's interests. The burden will fall back on the homeowner with increased property taxes. He urged ; ,~,." "".'" .:.,,,- .."IC' ,,,,.'.;.,,, 'N';;'''~ml!:;l1U'}l';m-::I 'TYtTffllllWf''ll''i,,' II'"i HI-WU-- ! - 111'" ;j~fl'l' :t::\'l~.{W I; I I RECORD OF PROCEEDINGS "~~~"~b~~~~~"~b'~h_"~~ff~'ff~~Egl1~h~i_~~_~~~bff_~~~~S~~"_~rrM~f'~~~'mff~l1J1h~ff~m~~ccm~-'1 IVfI~ff"m ~ Mieting peCla ee mg 0 u m 1 y ouncl '" ee Ing'''''ff~ff~~~'~ff~~~~~~'~ ag~~ '~"'~b""~'''~_''~~~'',~,,~ DAYTON LEGAL BLANK CO FORM NO 10148 Hekl May 10, 1999 19 Council to defeat these ordinances which will hamper economic development. Ed Carey. 1369 Briarmeadow Drive. Columbus stated that he represents the developer of ,,,,,--..,., the Ohio Health Ambulatory site. Healso will have the difficult task of being the broker ofthe 22-acre piece described by Mr. Hughes. He has served on the Development Commission for the City of Columbus and appreciates Council's good intentions in these matters. However, he would suggest in regard to green space issues that Council consult with the Urban Land Institute about what other communities are doing. As a developer, he suggests that Council focus not on the lot coverage ratio, but on the architectural substance and aesthetics ofthe projects. In regard to the 200 foot setback, he believes that their land will not be saleable following this change. This clearly constitutes a taking. Bill Andrews. 6631 Commerce Parkway stated that he is a resident and a business owner in Dublin since 1984. He stated that he is not necessarily opposing a scenic easement ordinance, but in regard to the Ohio Health project along Avery Road, he believes it is inappropriate. He noted that he is the consulting architect for the project. He asked that Council exclude that parcel from the ordinance, and carefully consider the impact on some of the areas adjoining commercial property. In regard to density and lot coverage, he believes that as an architect, it will be his challenge to make this economically viable for his clients. This will not be an easy task in view of the aggressive requirements already adopted by the City. ,...-, Chris Cline. 6060 Post Road stated that he has resided in Dublin for 19 years. This ordinance will target certain land owners throughout the City versus an equal and uniform application oflaw. He has a special interest in what happens along Post Road which will impact his property. The ordinance would take three-fourths of his land, land which he believes he should have the right to use. These property owners should not be penalized for not developing their properties and keeping the land open. There is a balance needed between regulation and property rights. Another point is that there will no longer be a hardship requirement to obtain variances on setbacks in the City. Currently, an applicant must demonstrate practical difficulty. Even if this ordinance is defeated, he would like Council to remove this 200 foot setback from the Community Plan as it is being used by staff in zoning negotiations. This is clearly a taking, and there is no valid public purpose for it. Steve Park. representing Alter Group stated that his company has held off on purchases of property due to this pending legislation which was uncovered in a due diligence endeavor. He echoes the sentiments of those who have testified tonight. Many properties already developed would be in violation of this setback, and many properties would become unbuildable. This will create nothing but hardship for existing property owners and prospective purchasers of property. Mayor Kranstuber then invited Council to discuss the ordinances. ~ Mr. Reiner noted that the Community Plan indicates a desire for more green space in Dublin. The 200-foot setback will help to accomplish this goal. Council is seeking to establish a green look which will benefit the developers, the residents and the community in general. Mrs. Boring noted that an important consideration as raised by Mr. Loveland is that there will be existing properties impacted, resulting in non-conforming uses. This point alone may be reason for Council to reconsider their position on the ordinance. Mayor Kranstuber stated that the ordinance will be scheduled for a vote at the June 7 Council meeting. I Ii II" '"ll",1':! f 'II .1 .1';;:)1. I, Ii' '.j;,;'I,'",''':,Jh;I;,rrg,T'lFlfl1JH'I'!. 'Y'lf~1I11'1"Vlto'~;JHHflill;lk!; -H{~!'lil'bt,,',41tt,~ Ii I I RECORD OF PROCEEDINGS Minutes of Meeting 'm#hm~m_~Q~_Q_mm#h~~QQ~#__m#m~_Q~Q_m~~~_~-~f5ectarlVIeetihgornuoitffurymCounclr1VTeeltn:g#h~-m_m~~mmQQm#h'P'agem~'MQ#mmmQ'Qm~QmmQmQ'Qm~#h~Q DAYTON LEGAL BLANK CO., FORM NO. 1 14 Helrl May 10, 1999 19 Mr. Reiner asked that the Law Director review the ordinance in reference to existing properties and determine if there is a way to eliminate the difficulties with financing or remodeling. "..-- Mr. Smith responded that he does not believe there is any language which would address all of the pre-existing uses which would be impacted by adoption of the ordinance. Mr. McCash commented that he recalls the dinner meeting conversation in which all of those supporting the 200 foot setback indicated that an R-llot is developable. That was the major issue with this proposal. Mr. Smith stated that the language in the Community Plan indicated that a 200-foot setback was desirable. This gave staff the ability to negotiate setbacks, based on that desire. As written in the Community Plan, there is flexibility on this matter. If Council adopts the setback as an ordinance, there will be litigation. Mayor Kranstuber stated that it does not appear that there is support for having further research done by Mr. Smith about the impact on existing properties. Council's intent in the Plan was to provide direction to staff to obtain the maximum amount of setback along scenic roads, recognizing that this will not always be possible. Mayor Kranstuber explained that Council has taken these development-related ordinances through an extensive review process in order to allow for input from all of the stakeholders. Council will continue to listen and to seek understanding of all of the issues in order to arrive at a decision. ,.....-..., Other Business Mayor Kranstuber noted that Council input is needed on the proposal submitted by Community Relations regarding the millennium events for the City. Mrs. Boring indicated that the St. Patrick's Day events do not seem to relate to the millennium celebration. The two-day event and proposed costs for such a weather-related event seem unreasonable. She is also concerned with including funds for fireworks for yet another City event. She would prefer that the millennium be celebrated with something more permanent and significant. Mayor Kranstuber agreed with Mrs. Boring that he would prefer to maintain the St. Patrick's event as it has been celebrated in previous years. Mr. Reiner noted that he would prefer that the events have more permanent significance and purpose, i.e., planting 200 new street trees versus 200 seedlings. This would be more practical as well as lasting. Mayor Kranstuber indicated that he would support having additional merchandise and adding a commemorative mark to the City stationery, as there would be no cost. ,..- I i Mr. Adamek agreed with maintaining the St. Patrick's Day event as in previous years, i I and not adding to it. Mayor Kranstuber noted that if funds are to be spent, it should be for something more permanent - a public fountain or similar item. Mr. Reiner stated that the green space in Old Dublin could be a key site for such a feature. He would also suggest an art competition for scenes of Dublin. The City would then have the artwork as part ofthe history of Dublin. Mr. Reiner also suggested that the City flag be redesigned as part of the millennium celebration, and that a contest be held. .1 j i il,1 ,,"""' ",'''''' !illih -r ii, .' iTT c." ,.,.. ~":.;i'''I:.'' '..w"'.PYP;~i"'~'I<F!l"'RHU,l '.'1'1"1 1.' ~.fltlm(t.t'lt'*ll",,~ WI!'" .1'.n"'.J~n ",'. I: ;'MA';f. Ii '! RECORD OF PROCEEDINGS "__~,~,,~,=_,,_~,~~_~__~==MiB~_~~,9f _H_~'-~-~~~~'Specranvreenngorntio1iTf'City^CounctrM:eettfrg~--"~--~-'~H-~~rNf~!!BHg'H#_'''''H~''~ DAYTON LEGAL BLANK CO. FORM NO. 10148 Helrl May 10, 1999 19 Mayor Kranstuber agreed with the flag proposal. He would also like to have a commemorative book produced in conjunction with the Dublin Historical Society and with minimal City involvement. He has seen other cities who have this type of history ..-- book. The consensus of Council was that in terms of community gifts as proposed in the memo from Community Relations, Ms. Puskarcik can work with the Dublin Historical Society on this item. Mayor Kranstuber suggested that, in the future, former Council members be offered tables for the Fourth of July celebrations. Council agreed to consider this idea for next year. Mr. Smith stated that although Council did not approve a motion about further research, he can do some investigation with staff of how to reduce the impact of a 200 foot setback on existing properties. He understands what Council's intent is, but legally, it is very hard to do. The meeting was adjourned at 10:10 p.m. --- ~~ oti~Cl~ - , ,