HomeMy WebLinkAbout10/04/1999
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
October 4, 1999
Held ,
(YEAR)
Mayor Kranstuber called the Dublin City Council Meeting of Monday October 4, 1999 to
order at 7:00 p.m.
Mrs. Boring led the Pledge of Allegiance.
-. Roll Call
Council members present were: Mayor Kranstuber, Mrs. Boring, Mr. Adamek, Mr.
McCash, Mr. Peterson, and Mr. Reiner. Ms. Hide Pittaluga was absent (excused).
Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. McDaniel, Ms. Dutey, Ms.
Clarke, Mr. Harding, Mr. Kindra, Mr. Hahn, Mr. Hale, Ms. Puskarcik, Chief Geis, and
Ms. Crandall.
Approval of Minutes of Meeting of September 20, 1999
Mayor Kranstuber moved approval of the minutes as submitted.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson,
abstain; Mayor Kranstuber, yes; Mr. Adamek, yes.
Correspondence
The Clerk reported that no correspondence was received which would require Council
action.
Comments from Visitors
Wallace Maurer. 7451 Dublin Road noted that several of his neighbors along Dublin
Road are also opposed to the Dublin Road bikepath. They share concerns with the
~ possibility of injuries to someone on the bikepath caused by a car veering from the
roadway. He would like a guarantee from the City that he will not be sued due to any
potential biker injuries. He asked if Council has held executive sessions recently
regarding acquisition of property along Dublin Road.
Mayor Kranstuber stated the Clerk would assist him ifhe would like to review any of the
Council minutes from recent meetings.
Mr. Maurer asked for confirmation of the dates of candidate nights for the upcoming
election.
Mayor Kranstuber noted that the Old Dublin Association will sponsor a City Council
candidate night on Wednesday, October 20 at 7 p.m. at the Chamber of Commerce
building, and the Chamber will sponsor a candidate night for school board, township
trustee and City Council candidates on Monday, October 25 at 7 p.m. at Dublin Coffman
High School.
Craig Barnum. owner of Oscar's. Tucci's and the Brazenhead located in Old Dublin
addressed Council regarding the need for a solution to the parking problems in Old
Dublin and for a general revitalization effort in the historic district. It is their request that
Council schedule this matter for discussion at the next Council meeting.
He read into the record the petition outlining the requests for the revitalization program,
and noted that further discussion will follow at the next meeting.
~. It was the consensus of Council to place this item on the October 18 agenda under
"Other."
Staff Comments
Mr. Hansley noted that the Community Relations Division won several awards at the
International Festival and Events Association annual meeting, including a gold award for
the Irish Festival poster; a silver award for the Memorial Tournament ad; and two bronze
awards for the Independence Day celebration and the Irish Festival stationery.
Ms. Clarke announced that Suzanne Wingenfield of the Planning Division has taken ajob
as planner for the City of Columbus. Senior Planner Lisa Fierce has accepted a position
in Planning with the City of Clearwater, Florida and will be leaving shortly. Ms. Fierce
notes that she has enjoyed immensely the opportunity to work for the City of Dublin.
Ms. Clarke reported that the Ohio Planning Conference selected Dublin's Community
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held October 4, 1999
,
(YEAR)
Plan for its top award in the category of, "Comprehensive Planning for a Small
Jurisdiction" and the award was for Contribution and Excellence in Planning.
Staffwill accept this award on Dublin's behalf at an upcoming meeting in Cleveland.
~ LEGISLATION
POSTPONED ITEM
Resolution 42-99(Amended) - A Resolution Adopting a Traffic Calming Policy for
the City of Dublin.
Mr. Hansley stated that the amended version incorporates the changes that were
discussed at the last Council meeting.
Vote on the Resolution - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes;
Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes.
SECOND READING/PUBLIC HEARING - ORDINANCES
Ordinance 09-99 - An Ordinance Providing for a Change in Zoning for 8.3 Acres
Located on the West Side of A very Road Approximately 600 Feet North of Dan
Sherri Avenue from Rl-B, Restricted Suburban Residential District, to: PUD,
Planned Unit Development District. (Trees Property) (Applicant: The Stonehenge
Company, clo Mo Dioun, 6253 Riverside Drive, Suite 200, Dublin, Ohio 43016;
represented by Jack Reynolds, Smith and Hale, 37 West Broad Street, Columbus, Ohio
43215)
Ms. Clarke stated the site consists of 8 acres and is located north of the Dan Sherri
subdivision. It is currently zoned R-1B, a Washington Township residential zoning
classification, and the proposal is to rezone to PUD. This site was exempted from a
",.-., moratorium in the southwest area because it had previously received concept plan
approval. That concept plan has been carried forward in the form ofthe preliminary
development plan. The proposed use is for 11 two-family condominiums, with an office
or small day care center along the front edge ofthe site. The Planning Commission
recommended approval with 13 conditions on September 2, 1999:
1) That the text be revised to include a commitment for a unique landscape design
along the Avery Road frontage subject to approval at final development plan;
2) That the text be clarified to commit to equal quality architecture on all sides of all
buildings, coordinating the architecture ofthe officelday care with the residential
component, complying with the Tree Preservation Ordinance and Landscape Code, and
providing buffers between this site and Dan-Sherri Avenue and along any non-residential
areas;
3) That all bikepaths and sidewalks be shown on the plans;
4) That right-of-way for Avery Road, which complies with the MS Consultants
alignment study (100 feet from the existing centerline), be deeded to the City;
5) That left turn widening on A very Road be provided at the entrance to the site
along with adequate street lighting, as approved by staff;
6) That the access to the officelday care site along Tusswell Drive be subject to
approval by the City Engineer;
7) That payment in lieu ofland dedication (approximately $51,750) be paid prior to
any building permits being issued, to meet the park requirement;
- 8) That all Engineering Division requirements be met on design of public roads,
public and private utilities, and storm water management;
9) That the commercial property fronting A very Road have a maximum lot coverage
of 60 percent;
10) That only one type of fence be used within the development and be approved at
the final development plan stage;
11) That there be a maximum of two residential buildings with all wood siding, and
the remaining buildings be a mixture of masonry and wood;
12) That the homeowners' association maintain all common property; and
13) That Conditions 1,2 and 3 be met prior to this case being scheduled for City
Council consideration.
Mrs. Boring asked about the extension of water and sewer lines to the Dan Sherri
subdivision.
Mr. Kindra stated that there is a possibility that the extension will be done independent
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held October 4, 1999
,
(YEAR)
of this which was discussed at the last Council meeting.
Mrs. Boring stated it was her understanding that Mr. Hale had agreed to the sewer and
water line extension as part of this concept plan.
..........
Ms. Diamond, resident of Dan Sherri stated that she and her neighbors continue to have
water problems, either drought or construction related. She contacted Mr. McDaniel and
he sent her a petition to request a water and sewer study by the City. The Dan Sherri
residents have signed the petition and are in agreement with this course of action.
It was not her understanding that it was a commitment of the developer as part of the
rezoning. The study is now underway.
Mr. Hale, representing the developer stated that their plan is to bring the sewer line across
the back of the properties to allow access to the sewer line by the residents of Dan Sherri.
Mrs. Boring stated that she served on the Planning Commission at the time of the concept
plan, and she recalled that Mr. Hale stated that sanitary sewer will be made available to
the residents of Dan Sherri.
Mr. Hansley clarified that the developer is proposing to build the sewer line in such a way
that it would be easily accessed by the existing neighborhood. They could have serviced
their project in a couple different ways, but they are purposely serving it in a way that it
can be accessed by the existing neighborhood. The engineering study that Council
authorized at the last meeting will provide more specifics for the homeowners.
<~ Mr. Hale suggested that Council can require that the sewer be installed along the back of
those four lots in order to provide access. The Kendall Ridge developers have already
made a commitment to cul-de-sac Dan Sherri at a cost of $30,000. This was in response
to the homeowners' request.
Mr. Adamek moved to add a condition that the applicant work with staff on the
coordination of water and sewer lines in order to service the Dan Sherri residents as
effectively as possible.
Mr. McCash seconded the motion.
Mr. Hale agreed to the condition.
V ote on the motion - Mr. Reiner, yes; Mrs. Boring, no; Mr. McCash, yes; Mr. Peterson,
yes; Mr. Adamek, yes; Mayor Kranstuber, yes.
Vote on the Ordinance - Mr. Adamek, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor
Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, no.
Ordinance 73-99(Amended) - An Ordinance Providing for a Change in Zoning for
13.69 Acres Located at the Southwest Corner of Mercedes Drive (Private) and
Perimeter Loop Road from PCD, Planned Commerce District, Subarea D of the
Perimeter Center Plan, to: PCD, Planned Commerce District, Subarea I of the
Perimeter Center Plan, under Section 153.058 of the Dublin Codified Ordinances.
(Crown Mercedes and Crown Chrysler/Jeep/Eagle - Perimeter Loop Road - 99-
-ro-- 063Z) (Applicant: Muirfield Drive Partners, clo John McKitrick, 2333 Gulf of Mexico
Drive, #124, Longboat Key, FL 34228; and Dwayne Hawkins, Crown Auto Dealerships,
6001 34th Street-North, St. Petersburg, FL 33714; represented by Victoria Newell,
Meacham and Apel Architects, Inc., 6161 Riverside Drive, Dublin, OR 43017.)
Mayor Kranstuber announced that Mr. McCash and Mrs. Boring will abstain on this
matter. They left the Council Chambers at this time.
Ms. Clarke stated there are some slight text changes for the car dealerships which are
located in Subarea I. That area is also being expanded by an additional 5 acres, and it will
extend into the vacant area on the north side of Perimeter Loop Road. She then showed
slides of the site and surrounding area. She noted that there were some errors found in
the existing text, therefore this whole area is being rezoned and the text is being
'1'1 I, :1
RECORD OF PROCEEDINGS
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Held October 4, 1999
,
(YEAR)
I
changed slightly with the land being expanded. The Planning Commission recommended
approval with 5 conditions on August 19, 1999:
1) That the Perimeter Center subarea map be revised to reflect the additional land as
part of Subarea I;
--. 2) That the new site be connected by internal drives to the site to the west;
3) That a three-foot sidewalk easement be established parallel to Perimeter Loop
Road;
4) That a five-foot sidewalk be installed along the new 4. 872-acre site with any new
construction, and along the existing dealership sites if and when any portion ofthat
frontage is regraded with the exemption ofthe already approved curb cut at the eastern
end of the existing Mercedes dealership (6400 Perimeter Loop Road); and
5) That the Subarea I text be revised to require complete compliance with the
Landscape Code.
The main issue discussed at Planning Commission had to do with the landscaping
requirements on the site. The language was changed within this text so that it will meet
the usual landscape requirements, but it does expand the area and there will be a new
dealership added.
Mr. Peterson asked for clarification about the sidewalk requirement.
Ms. Clarke stated that, currently, the mounding along Perimeter Loop Road that screens
the parking area or all of the paved area of the dealerships seems to begin at the right-of-
way line. At the time the property was zoned, sidewalks were not required in commercial
areas. Sidewalks have since been required where there is new construction, which would
apply to the new site. If the area is regraded in front ofthe existing dealership, then a
,,-.. sidewalk would have to be added at that time. The applicant proposed instead a condition
that ifthe side'y.alk connection is brought to their property line, they would then extend
the sidewalk. As background, she explained that for new development, as in the case of
the MAG dealership, they were required to build a sidewalk along their frontage.
Therefore, for this new frontage, staff felt it was appropriate to add a condition with
regard to a sidewalk and for the remainder, because it will require a substantial amount of
earth moving, it seemed more reasonable to require sidewalk installation at the time of
any regrading or re-Iandscaping. As planned, the sidewalk will dead-end until such time
as one of the existing dealership's landscaping is re-worked. She noted that, under
Dublin's Code, these sites are entitled to more display area than they currently have.
The City has asked for a three-foot easement along the whole of Perimeter Loop and the
applicant has agreed to that.
Mr. Peterson stated that he does not understand the requirement to install a sidewalk that
does not connect to anything. Will there be any pedestrians using this sidewalk?
Ms. Clarke stated that the policy of installing sidewalks is to accommodate pedestrian
traffic and joggers - commercial areas have this type of traffic as well, and have the same
need for sidewalks as residential areas. Dublin's philosophy 12 years ago was that
sidewalks were not aesthetically pleasing, and that grass out to the curb was preferable.
City Council then changed their policy to require installation of sidewalks in all locations
".,-...., and on both sides of the street, with exceptions to be granted by City Council.
Mr. Peterson asked whether Planning staff would recommend sidewalk installation in this
location were it not for the technical regulation.
Ms. Clarke stated that she would not. She added, however, that from her perspective,
over time there will be sidewalks on both sides of every street in Dublin, with the
exception of Muirfield. The need for pedestrian walkways in all areas of the City will
drive this. The Planning staff's expectation is that Metro Center will at some point be
retrofitted with either a sidewalk or a bikepath.
Mr. Peterson commented that he would prefer instead that the developer commit to
installing the sidewalk in the future when it will connect to other sidewalks in the area.
Ms. Clarke stated that was discussed at the Planning Commission, but it would result in a
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
October 4, 1999
Held ,
(YEAR)
problem with bonding of the project. In many other municipalities, the missing links are
handled by assessments of the property owners.
Mr. Reiner agreed with Planning staff that it is prudent to eventually devise a sidewalk
......... program. He has used this facility and experienced difficulty in walking to a lunch area
nearby. Sidewalks will benefit land owners as well as consumers.
Vickie Newell. Meacham and Apel Architects Inc.. 6161 Riverside Drive explained the
.
history of the project and the reasons for their request regarding the sidewalk conditions.
Many of the text changes the applicant was requested to make were for the benefit ofthe
City. One of the problems with the existing zoning text was that it allows only one
building to be constructed in Subarea I, and obviously, there is more than one. They
agreed to revise their application to include all of Subarea I. When they revised the
application to include all of Subarea I, however, it gave staff the right to impose the
condition of installing a sidewalk around the entire property. Placing a sidewalk on the
existing parcels is a great burden to the applicant. Because it was not planned at the
outset, either the mounds or the trees would have to be moved to accommodate staff s
requirement for an easement. Further, this sidewalk would not connect to anything. Her
client is proposing that in lieu of installing a sidewalk on the parcel on the Crown side,
they install a sidewalk on Reserve B across the street, connecting in with the MAG site,
continuing across all of Reserve B that is under their control. This would reduce the
amount of lineal feet of sidewalk they would be required to provide. It would also
provide a sidewalk with no curb cuts which would be safer for pedestrians and it would
connect to an existing sidewalk.
,,/'""";. Ms. Newell clarified that the applicant is also requesting as part of their proposal that the
conditions related to sidewalks, Nos. 3 and 4, be eliminated.
Michael Close, representing the applicant, stated he is opposed to installation of a
sidewalk which does not connect to anything. The applicant's sidewalk as proposed
does connect to other sidewalks.
Mr. Peterson moved to amend the conditions to accept the applicant's proposal that they
provide a sidewalk on the opposite of the parcel along Reserve B, within the area that is
under their control, beginning from the connection with the MAG dealership where the
sidewalk ends on their parcel and continuing it along Reserve B.
Mr. Reiner seconded the motion.
Mr. Close asked for clarification regarding the conditions ofP&Z related to the sidewalk
and an easement. It appears that neither is necessary under the applicant's proposed
solution.
Mr. Peterson modified his motion to include the deletion of conditions 3 and 4 appended
by the Planning Commission.
Mr. Reiner agreed with the modification.
~. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
Peterson, yes.
Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr.
Adamek, yes.
Mayor Kranstuber asked that Mr. McCash and Mrs. Boring be notified that this case has
been concluded so that they can return to Council Chambers.
Ordinance 108-99 - An Ordinance Accepting an Annexation of 1.5+1- Acres in
Washington Township to the City of Dublin. (Schiff property)
Mr. Hansley stated that this annexation is consistent with Council's policy of annexing
the islands of township into the City limits. Staff is recommending adoption.
Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes;
Mr. Reiner, yes.
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DAYTON LEGAL BLANK INC. FOHM NO. 10148
October 4, 1999
Held ,
(YEAR)
Mayor Kranstuber asked that the next two agenda items be delayed until five members
of Council are present for the emergency action requested.
INTRODUCTION & FIRST READING - ORDINANCES
/~ Ordinance 114-99 - An Ordinance Petitioning the Union County Commissioners
for a Change of Township Lines of Jerome Township for that Portion Which Now
Lies within the Corporate Boundaries of the City of Dublin. (William R. Syar II,
et al. annexation - Ord. 82-99)
Mayor Kranstuber introduced the ordinance.
There will be a public hearing and second reading at the October 18 Council meeting.
Ordinance 115-99 - An Ordinance to Appropriate a Fee Simple Interest Consisting
of 4.750 Acres, More or Less, from John A. Aman, Jr. and Beth H. Aman in
Property Located North of Rings Road and West of Wilcox Road, in the City of
Dublin, County of Franklin, State of Ohio.
Mayor Kranstuber introduced the ordinance.
There will be a public hearing and second reading at the October 18 Council meeting.
Ordinance 116-99 - An Ordinance to Appropriate a Fee Simple Interest Consisting of
1.713 Acres, More or Less, from David Seares Pitzer in Property Located North of
Rings Road and West of Wilcox Road, in the City of Dublin, County of Franklin, State
of Ohio.
Mayor Kranstuber introduced the ordinance.
Mr. Hansley stated that Ordinances 116-99 and 117-99 relate to acquisition of green space
in the southwest area.
..r-- There will be a public hearing and second reading at the October 18 Council meeting
Ordinance 117-99 - An Ordinance Providing for a Change in Zoning for 7.13 Acres
Located on the Southwest Corner of Woerner- TempleRoad and A very Road, from: R-
IB, Restricted Suburban ResidentialDistrict{Washington Township zoning), to: PCD,
Planned Commerce District. (Swickard Property/File No. 98-118Z). (Applicant:
Swickard Enterprisesclo Father John Swickard, 4913 Atwater Drive, Columbus, OH 43229;
c/o Donald T. Plank, Esq. and Richard C. Brahm, Esq., Schuler, Plank, Morgan & Brahm,
326 S. High Street, Suite 500, Columbus, OH 43215)
Mayor Kranstuber introduced the ordinance and moved referral to the Planning and Zoning
Commission.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
Peterson, yes.
PUBLIC HEARING & SECOND READING - ORDINANCES (cont.)
Ordinance 111-99(Amended) - An Ordinance Accepting the Lowest and Best Bid for
the Dublin Municipal Pool Improvement Project, Appropriating Funds Therefor, and
Declaring an Emergency.
Mayor Kranstuber moved to treat this as emergency legislation.
~ Mr. Reiner seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes.
Vote on the Ordinance - Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes;
Mr. Peterson, yes; Mr. Reiner, yes.
Ordinance 113-99 - An Ordinance Accepting the Lowest and Best Bid for the
Coffman Park Entry Feature Project, and Declaring an Emergency.
Mayor Kranstuber moved to treat this as emergency legislation.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes.
V ote on the Ordinance - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr.
McCash, yes; Mr. Reiner, yes.
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DAYTON LEGAL BLANK INC. FORM NO 10148
Held October 4, 1999
,
(YEAR)
OTHER
Old Dublin Town Center - Concept Plan (Applicant: Dublin Community Church, c/o Paul
Phillips, 36 Franklin Street, Dublin, OH 43017; and Patrick Grabill, King Thompson, 5500
Frantz Road, Dublin, OH 43017.)
~
Ms. Clarke stated this concept plan is for three and Y2 acres located on the southeast and
southwest comers of West Bridge Street and Franklin Street. The site includes the Dublin
Community Church and the duplex that is on Franklin Street as well as an existing parking
lot. The proposal is for a new building of 10,400 square feet which would be located on the
southeast corner within Old Dublin. This is Phase 2 of the Old Dublin Town Center project,
and the plan calls for similar shops and similar uses. There would be a larger parking lot
located to the south, and this would include some vacation of alleys. This was reviewed by
the Planning Commission on September 2, 1999 and approved by a vote of 7-0 with 7
conditions as contained in the Record of Action of September 2, 1999. She noted that a
concept plan is not binding upon the applicant or the City.
David King, Home and King Architects stated that he was present to respond to any
questions from Council.
Mr. Adamek asked for clarification of the exact area for which this is being proposed.
Mr. Grabill clarified that the existing house would be demolished on the site and the property
will become a parking lot. That parking lot would incorporate the alley system. The lot
immediately west of the Dublin Toy store would be used for the two story structure.
Mr. Adamek asked if these uses are consistent with what Council has already approved.
,--, Mr. Grabill responded affirmatively - there will be retail on the first floor and/or restaurants,
with the second floor as office. The parking provided will serve the two developments.
Mr. Grabill added that the church will use this lot to accommodate parking for their Sunday
servIces.
Mr. Adamek asked if the new development would then have use of the parking at the church
during normal business hours when the church is not utilizing the parking.
Mr. Grabill responded that they have had informal discussions, but not at the church board
level. He recommended that the City take a comprehensive look at the area when
considering implementation of a municipal parking authority. The church is the seller in this
transaction, and they made a commitment to the church that they will not lose parking during
the construction period.
Mr. Grabill added that there is tremendous opportunity in Old Dublin and the City of Dublin
has gone a long way in trying to be part of the solution. The City still needs to take more of
a leadership role as the small business shop owners don't have the capital to do the
infrastructure. However, once the City makes the initial investment, the private sector will
follow.
Mayor Kranstuber moved approval of the Old Dublin Town Center Concept Plan.
Mr. Reiner seconded the motion.
.~ Vote on the motion - Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor
Kranstuber, yes; Mr. Reiner, yes.
Amberleigh North, Section 5 (Cluster Site) - Preliminary Plat
and Request for Waiver of Tree Replacement Fee Required per the Tree Preservation
Ordinance
Mayor Kranstuber stated that Mr. Reiner will abstain on these issues. Mr. Reiner then left
Council Chambers.
Ms. Clarke stated Amberleigh North was rezoned to include a cluster site on the premises.
The type of houses was not defined, but it was to be of the quality of the Lea or
Weatherstone developments. At the time of rezoning, a condition was added that the
applicant bring the cluster product both to the Planning Commission and to City Council for
final approval. This cluster plan has been revised since that time to include multiple units
and buildings rather than small lots which would have seriously impacted the trees. The total
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UAYTON LEGAL BLANK INC. FORM NO. 10148
October 4, 1999
Held ,
(YEAR)
!
plan calls for 63 condominium units to be located on the north side of Memorial Drive. To
the north and east is parkland, and to the west is another future phase of Amberleigh North.
The Planning Commission recommended approval on August 19, 1999 with 16 conditions:
1) That architecture, building materials, and detailing be consistent with other projects
-",......, such as W eatherstone, The Mews, and The Lea, as required in 1997, subj ect to staff
approval;
2) That the developer compensate for the removal of trees as determined by City
Council;
3) That the site plan optimize tree preservation with the sensitive placement of private
utilities;
4) That the tree preservation plan be modified to address short and long term tree
maintenance requirements and the impact of private utilities, subject to staff approval;
5) That an easement for a street connection to Section 4 be provided, subject to staff
approval, and be shown in all plans and condominium documents;
6) That the applicant construct a street connection (stub) to the planned road in Section
4, unless the adjacent property owner submits a letter within two weeks committing to build
this stub connection if a public street is built in Section 4 and guaranteeing this commitment
runs with the land;
7) That the entrance be one way and the detailed design be worked out with staff prior
to submitting the final development plan;
8) That a 25-foot or greater "no disturb" zone be established around major preserved
tree stands, and around the perimeter of the entire property (except entrances), subject to
review by a certified arborist;
9) That the development standards be provided with the final development plan and
-. described in notes on the final plat, subject to staff approval;
10) That the City Engineer's requirements for private streets, utility connection, and
intersection improvements be met, subject to staff approval;
11) That a five-foot sidewalk be constructed along Memorial Drive;
12) That appropriate plat notes be included in all future documents prohibiting
additional access to Memorial Drive and indicating the potential for a Memorial Drive
bridge, and that the dead-end be posted as a potential future extension;
13) That the storm water outlet area be aesthetically improved and include properly
designed velocity controls, subject to staff approval;
14) That units requiring an ejector/grinderpump be identified on all subsequent plans and
building permits;
15) That if blasting of bedrock causes a well in the area to run dry, the developer will be
responsible for connecting the affected structure(s) to public water; and
16) That a landscape plan, detailing any entry feature(s) and street trees, and sign plan
meeting Code be submitted with the final development plan, subject to staff approval.
Ms. Clarke stated that there is also a request for a tree replacement fee waiver or
consideration of an alternate proposal. This plan is very sensitive to the placement of
buildings to preserve trees, but because it is a heavily wooded site, it still would require
removal of 560 trees that would quality for protected status. If they were to be replaced
under the formula in the Code, it would result in a fee for tree replacement of $526,000. The
--. applicant proposes an alternate program of replacing 125 of the trees for a minimum total
of 250 caliper inches, and donating to the City $200 per tree for the balance of the trees.
That would result in a $50,000 contribution. The tree preservation ordinance may be
reasonable when applied to some sites, but the applicant believes it is unreasonable when
applied to a heavily wooded site. Staff believes that the tree preservation ordinance was
largely designed to ensure that a developer would use sensitivity in assembling a site plan.
On this aspect, the applicant has succeeded extremely well. The appropriate amount for a
fee waiver is up to City Council.
Mayor Kranstuber invited the applicant to come forward at this time.
Ben Hale. Smith and Hale stated that at the time of rezoning, the tree preservation ordinance
was not approved. He doesn't believe anyone contemplated that it would result in a fee of
$526,000 for a 16 acre development. They have offered to replace 125 trees, which is the
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held October 4, 1999
,
(YEAR)
maximum number they can reasonably install on the site. They have included walk-out
basements to reduce the need for grading. They will sensitively locate the water and sewer
lines to make sure the remaining trees survive. What they are proposing is replacement of
125 trees, leaving 436 trees for which they will pay the City $200 a tree - a total of $87,200.
,""""'"
Mrs. Boring returned to the Council Chambers at this time.
Mr. McCash asked for clarification of the amount of money they will donate for tree
replacement, as the letter in the packet indicates different information.
Mr. Hale stated they are proposing to pay $200 a tree for 436 trees for a total of$87,200.
Mr. McCash noted that the letter Council received specifies $50,000 as the donated amount.
Mr. Adamek asked for confirmation of the caliper of the 125 replacement trees.
Mr. Hale stated that 2 inches is the minimum caliper, and they will have to be hardwood
trees included on the approved tree list of the City.
Mr. Adamek asked if they will submit a tree preservation plan, indicating where the trees
will be placed, for staff approval.
Mr. Hale stated that is correct.
Mr. Adamek stated his concern is with the placement of these trees. He believes the
applicant has done a good job oftrying to preserve as many trees as possible and creating a
natural environment.
- Mayor Kranstuber moved to approve the preliminary plat of Amberleigh North, Section 5.
Mr. Adamek seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr.
Peterson, yes; Mrs. Boring, yes.
Mr. Adamek moved to grant the tree waiver request for Amberleigh North, Section 5 and
accept the applicant's proposal to provide 125 replacement trees (minimum 250 caliper
inches) and a donation of$200.00 for the remainder of the trees.
Mr. Peterson seconded the motion.
Ms. Clarke asked for clarification of the motion - her understanding is that it requires a $200
payment for all qualifying trees, not just the ones the applicant chooses.
Mr. McCash noted that the proposal was $200 per tree for trees that were on the Dublin
approved list, but Mr. Hale has indicated their intention is to pay $200 per tree, period.
Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek,
yes; Mayor Kranstuber, yes.
Mr. Reiner returned to Council Chambers at this time.
Introduction of Kyle Ezell. Planning Division
-.. Ms. Clarke stated that Mr. Ezell was hired as a result of Council's direction in goal setting
to add a staff member to focus more time and energy on long term planning. At this year's
AP A conference, she interviewed and hired a planner from the City of Chattanooga,
Tennessee, and he is present tonight to comment briefly on his efforts to date.
Mr. Ezell stated that he is delighted to be working in Dublin - a very pro-planning
environment. All of his investigation of what Dublin is seeking with things such as a 200-
foot setback along scenic roadways is that they want to be "wowed". They want high quality
and character - not neotraditional,not Disney World, and not Seaside, Florida. Dublin wants
development which is characteristic of Dublin, not a copy of other successful developments
across the country. He emphasized that most of Dublin is still a blank slate or canvas which
opens up lots of possibilities to do something unique, something with character. He then
described the new program, the "WOW" program, which in essence provides a point system
of incentives to developers in terms of density for features which are desirable to Dublin, i.e.,
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DAYTON LEGAL BLANK INC. FORM NO. 10148
Held October 4, 1999
,
(YEAR)
preservation of hedgerows along the property lines, naturalized ponds, wetlands, wildflower
meadows, native prairies, naturalized drainage ways, orchards, oak savannahs, tree nurseries,
woodland re-establishment, informal entryways, equestrian/farm-style split rail,
preservation funding and relocation, informal passive park spaces, funding of agricultural
,,,--, art, informal plot gardens, signage as art, on-site preservation and re-use of viable structures,
agricultural frontages, and open space dedication. This project will be unlike any other in this
""- country. He distributed the draft "WOW" catalogue of these items. They hope to make
Dublin a national leader in planning. He is hopeful that Council is supportive of this
planning effort and that the community will support it also.
Mr. Adamek commented that Mr. Ezell's energy and enthusiasm for this planning effort is
contagious. This seems to be exactly what Council is looking for.
Mr. McCash stated that Mr. Ezell gave a more detailed presentation of this plan at the recent
Planning and Zoning meeting, and it was well received. This is Dublin's solution to
developing instead of finding a cookie cutter solution that's being used everywhere else.
Mayor Kranstuber thanked Mr. Ezell for his presentation and welcomed him to the City.
Council Round Table/Committee Reports
Mr. Adamek, Finance Committee stated that they reviewed the hotellmotel tax grant
application earlier this evening from the Dublin Youth Athletics. They are seeking funding
for maintenance items, planting of shade trees for A very Park, the second portion of the
lighting of the ball fields, funding for the CABA world series, the replacement of a flag pole,
and completion of some fencing.
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Mr. Adamek moved to approve the Committee's recommendation for Dublin Youth
Athletics in the amount of $62,138 to be applied towards the items listed in their request and
that, where applicable, they adhere to all City of Dublin notations and reporting as required
under the hotellmotel tax guidelines.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes;
Mayor Kranstuber, yes; Mr. Adamek, yes.
Mr. Reiner stated he was glad to meet Mr. Ezell and to hear his enthusiasm, and is hopeful
Dublin's planning is headed in the right direction.
Mrs. Boring noted:
1. Mr. Ezell's plans are very exciting, and understandable to the average person. She
is pleased to see the arts incorporated into the plans.
2. She takes her job as a Council member very seriously. She left the Chambers this
evening due to her abstention on a rezoning, and was upset that she was not promptly
called back when the case was concluded.
Mayor Kranstuber noted that several people were sent out to locate her, but were unable to
do so.
",...... Mr. Peterson:
1. Noted that he has received a letter from a resident about odor problems in Old Dublin
associated with the West Branch sewer. He forwarded that to staff for further
investigation.
Mr. Hansley responded that a meeting has been scheduled at the Dublin Community Church
on Tuesday, October 12, at 7:00 p.m. Dublin and Columbus officials will be present for
discussion of the issue. He added that the project was designed by the City of Columbus, and
they would be partially responsible for this odor problem. The drought has also contributed
to the problem.
2. Asked about the possibility of a crosswalk installation on South High Street in the
vicinity of the shops. There is a long stretch of roadway without a crosswalk.
Mr. Kindra stated that he will review the issue and respond.
Mr. Hansley added that this issue has been brought up previously by shop owners in Old
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DAYTON LEGAL BLANK INC FORM NO. 10148
October 4, 1999
Held ,
(YEAR)
Dublin. At some point, it will likely be a Council decision because Dublin Road is a state
route and they may require overhead lighting for a crosswalk.
Mr. McCash:
~ 1. Noted that Brandonway Homeowners Association has indicated safety concerns
along Brandonway at the crosswalk location, near the school area, and also up near
the Brandon Park area. There is conflict between vehicular traffic and pedestrians
crossing to the park areas. They have asked if there is a possibility of installing stop
signs at these locations. Could staff investigate this and report back to Council?
Mr. Kindra responded that he will do so.
2. Reported that he received a phone call regarding concerns with the maintenance of
the bikeway underpass on Dublin Road and grass mowing in the areas where the City
had temporary construction easements. The resident's name is Richard Taylor.
Mr. Kindra responded that he spoke with Ken Richardson today about this matter and gave
direction to him to address the issue.
3. Asked about the timing of the left turn light for southbound A very-Muirfield traffic
in view of the rerouted 1-270 construction traffic. This may need further adjustment.
Mr. Kindra responded that the Police division has provided manpower for this. The third lane
for the morning rush hour has been changed permanently and that has helped traffic flow.
4. Noted that the condition of the 161/Frantz Road landscaping is poor. Is the work
completed?
Mr. Hansley stated that he will check on this and report back.
5. Reported that there is a concern in Bristol Commons about the quality of the street
trees. There are areas where they have been replaced twice, and the replacement trees
seem to be of lower quality.
."-..,, Mr. Hansley stated he will check on this and report back at the next meeting.
Mayor Kranstuber:
1. Thanked Mr. Peterson for representing the City on Saturday at an Old Dublin event.
2. Reported that Wednesday is the Donato's grand opening at Perimeter.
3. Noted that a candidates' night has been scheduled by the Chamber of Commerce on
the same evening as the Mt. Auburn presentation. He and Mr. McCash will leave the
Mt. Auburn presentation early in order to participate in the candidates' night.
4. Noted that Ms. Hide Pittaluga is excused from tonight's Council meeting due to an
activity scheduled with her daughter.
Mayor Kranstuber moved to adjourn to executive session for land acquisition.
Mr. Reiner seconded the motion.
Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs.
Boring, yes; Mr. McCash, yes; Mr. Peterson, yes.
The meeting was adjourned to executive session at 9:25 p.m.
Mayor Kranstuber moved to reconvene the meeting at 9:30 p.m.
Mr. Reiner seconded the motion.
""- V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes. Mrs. Boring was not present.
Mayor Kranstuber stated that, due to an oversight, Council did not address an issue tonight
which cannot be delayed. The press and staff are still present for this discussion.
Mayor Kranstuber moved to extend the moratorium in the Southwest portion of Dublin until
January 1,2000.
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes.
Mayor Kranstuber moved to adjourn the meeting to executive session for land acquisition
discussion, and noted that they will not be reconvening.
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RECORD OF PROCEEDINGS
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DAYTON LEGAL BLANK INC. FORM NO. 10148
October 4, 1999
Held ,
(YEAR)
Mr. Reiner seconded the motion.
V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr.
McCash, yes; Mr. Peterson, yes.
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Clerk of Council
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