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HomeMy WebLinkAbout12/29/1980 RECORD OF PROCEEDINGS c\1 illutes of VTI I A~F nF DI~I TN ~.b Meet ill;!, National Graphics Corp., Cols., O. Form No. 1097, Held December 29, 1980 19 The Special Meeting of Council was called to order at 7:30 P.M. by Mayor Headlee for the purpose of discussing an appeal by the applicant of the Sister's Restaurant. Those present were: Chambers, Geese, Headlee, Lewis, Mand, Maurer, and Shawano Mr. Charles Ruma, a partner of the Village Square Center, Ltd., appeared befor~ Council concerning the application for a Certificate of Zoning Compliance. He feels they have met the requirements of the Corridor Development District (COD) stated in Ordinance 81-78. 1. Use is permitted under existing zoning. 2. The proposed development is in accord with the Sawmill-161 Quadrant Plan. 3. The proposed development will be in keeping with the exist- ing land use character and physical development potential of the area. He said his present position is that their land is properly zoned for the proposed use and meets the traffic recommendations, the proposed land use recommendations and the environmental considerations specified in the Quadrant Plan. Mr. Ruma further stated they meet all fifteen (15) Standard Development Plans as well as additional requirements that are outlined in the COD. Mr. Walter, a partner of Village Square Center, Ltd., and Chairman of the Board of Cardinal Foods, appeared before Council to speak in favor of the pro- posed Restaurant and introduced Mr. Jim Neal, a developer of Sister's Restaur- ant. Mr. Neal described Sister's and presented to Council interior and exterior pictures of the restaurant. He said he felt Dublin would be an excellent location and because it would be a part of the shopping center he did not feel the ingress and egress of traffic would be a problem. Mr. Mand, Council's representative to the P & Z Commission, then informed Council of the events of the December 2, 1980 meeting of P & Z. He said the basic objection and reason for denying the site plan for Sister's Restaurant was that a drive-through window facility would increase traffic measureably at peak times and this would not be in the best interest of future commercial developments in this quadrant area. Further, in the Parks preservation, and Open Space Study, one of the critical areas of the entrance to the Village was described as being at this corner (161 and S.R. 257). He stated this location was a conditional use to begin with and said restauran would not be a good conditional use for that particular area. Also the pro- proposed development is not in accord with the Sawmill-161 Quadrant Plan in terms of its traffic implications. P & Z 's decision was arrived at because the original zoning before the Sawmill-161 Quadrant Plan was a CCD. As such, the use of the drive-in facility of the restaurant is a conditional rather thar a permitted use. P & Z looked at it as a conditional use zoning before the zoning became more specific.under the COD. Mr. Mand cited section 650.02 of Ordinance 81-78. Mr. Lewis questioned the accuracy of the P & Z minutes of the December 2, 1980 meeting and it was stated these were not yet approved. He then referred to Ordinance 81-78 which states P & Z has 30 days to submit their recommendations to Council and the applicant. Action of Council will then be taken within 30 days after receiving these recommendations anq therefor~ did not see a need for this meeting. RECORD OF PROCEEDINGS ~\1 ilwtes of VILLAGE OF DUBLIN ~.b .\1 eel' ill;!, National Graphics Corp., Cols., O. Form No. 1097, .... I 1I efd December 29, 1980 19 Page Two Mr. Geese questioned Mr. Ruma as to whether the plans Council now has are the final plans and if they included the landscaping requirements. Mr. Ruma said they were not complete but he now has specific plans available describ- ing landscaping in more detail. Mr. Chambers read a written statement he prepared expressing his concern as to the way the Village and P & Z business is being conducted. He said P & Z is not submitting to Council their complete recommendations in writing, the minutes do not reflect concise action, and further, no one person is assigned to make certain written notification of P & Z actions are carried out. Re- ferring to the latter, he would assume the responsibility of the Village Manage , Chairman of P & Z, and the Secretary to P & Z are responsible. Mr. Chambers then questioned the reasons for the Site Plans of Sister's Restaurant being denied. Concerning traffic congestion, he said this area w~s approved zoning for the traffic pattern and that you cannot write law retroactively. Furthermore, the applicant has a right to the zoning he bought He referred to a traffic study that stated a successful restaurant of this type adds two cars a minute to existing traffic and this would seem to him to be an advantage to the shopping center. Mrs. Maurer agreed with Mr. Lewis' interpretation of Ordinance 81-78 and made a motion that Council not take any action in regard to reviewing P & Z's actions until a written recommendation is received from them. Mr. Lewis seconded the motion and added this recommendation from P & Z should be done before Friday, January 2, 1981. Vote on the motion was approved by all those present. Mayor Headlee suggested the developers, not just Mr. Ruma, would save time and frustrations if they made sure their plans met the Village Zoning requirements before submitting them to P & Z. Mayor Headlee then reminded Council there would be an Executive Session held at 6:30 P.M., January 5, 1981, before the regular meeting of Council. The meeting was adjourned at 8:30 P.M. fare~'J~ ~ Mayor-Presiding ~fficer ~ 11/.~ C erk of ouncil