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HomeMy WebLinkAbout11/06/1995 lil I I 1. I - I ~I al v'. I nl e I I. i. F.-. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held November 6, 1995 19 Mayor Campbell called the work session of Dublin City Council to order at 7:30 p.m.. on Monday, November 6, 1995. Staff Comments Mr. Kindra commented as follows: 1. Requests have been made to the City about the policy regarding painting of house numbers on curbs. Since this involves working in the right of way, he would like input from Council. Following brief discussion, Mr. Hansley stated that staff will handle this administratively. 2. Many complaints have been voiced by citizens regarding the confusion caused by overhead signage on southbound Riverside Drive at 161. Unless there is an objection from Council, he will request that the State remove the overhead signs. Following brief discussion, Council members agreed that the confusing overhead signs should be removed. Mayor Campbell noted that the northbound signage at the intersection should be reviewed as well. Mr. Zawaly suggested that slides be provided in the future to better illustrate these situations. Mr. Lenz introduced Ed Erfurt, student pre-professional intern from Dublin Coffman High School who has been working in the Department of Development for the past 6 weeks. Mr. Erfurt gave a brief presentation to Council about his positive experience in working with the City, and thanked the Dublin staff and Dublin City Council for giving him this opportunity. Mayor Campbell called the formal meeting to order at 7:50 p.m. Mr. Kranstuber led the Pledge of Allegiance. Roll Call Council members present were: Mayor Campbell, Mrs. Boring, Mrs. King, Mr. Kranstuber, Mrs. _ Stillwell, and Mr. Zawaly. Mr. Strip was absent (excused). _ Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Kindra, Ms. Clarke, Mr. Lenz, Ms. Puskarcik, Ms. Bearden, Ms. Jordan, and Chief Ferrell. Approval of Minutes of October 16, 1995 Meeting Mrs. King moved to approve the minutes of October 16, 1995. Mr. Kranstuber seconded -the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Correspondence The clerk reported that there was a notice to legislative authority sent regarding the transfer of C1 and C2 liquor permits from Omega Oil Company at 191 W. Bridge Street to Englefield, Inc., dba Dublin Duchess Shop at the same location. Mrs. Boring expressed concern that this permit would have been previously approved in such close proximity to a school. Mr. Smith offered to check the history of the permit, adding that it would not be necessary to file an objection at this time. If he finds that there is a basis for objection, he will advise Council. Comments from Visitors Scott Carney. 6126 Northcliff Boulevard, Dublin stated that he is a new resident of Heather Glen and has been attempting to obtain. a permit for a picket fence for his back yard. Since others in the area have been issued permits for this type of fence, he does not understand why he has been denied a permit, and asked about his recourse. Ms. Clarke responded that during the zoning process for Heather Glen, a verbal zoning commitment was made at the final hearing by the developer to restrict the fencing to the type permitted in Indian Run Meadows -three-rail, split rail fence with optional wire mesh on the back. A few permits were issued in error in the past for fences other than the Indian Run Meadows standard. The fencing is actually a zoning restriction. An appeal on a zoning matter should be brought to the Board of Zoning Appeals, and staff will assist him with the preparation. of the paperwork. Mrs. King commented briefly on the desire of the residents of the southwest area for the same fencing standards adopted for the Indian Run Meadows subdivision in order to maintain a sense of openness and for architectural appeal. RECORD OF' PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BL4NK F Held November 6, 1995 19 Council Roundtable Mr. Zawalv: 1. Congratulated the Police division fore. the positive comments made in a recent letter from a Muirfield resident. 2. Congratulated the Mayor on the complimentary letter received recently from a Mayor's Court visitor who praised the Mayor's sensitivity, wisdom and fairness. 3. Noted that the traffic accident report: from October 1995 indicates an increase of 42 percent, and asked if there is a need for the Public Services Committee to review this. Chief Ferrell commented that staff will continue to monitor the traffic accident statistics, but they believe that October was just an unusual month. Mrs. Stillwell: 1. Reported that MORPC will host an open house onthe I-270 North Outerbelt Corridor Study on Tuesday, November 14 from 4 to 8 p.m. She distributed the schematic drawings of each of the interchanges. 2. Noted she has received information from Mike Kehoe regarding the amendments proposed for the telecommunications bill which is currently before the legislature. She will provide copies to Council members. Mrs. Kine: 1. Asked that Mr. Hansley review Mr. Kehoe's letter in the context of the previous letter sent to congressional representatives on Council's behalf. 2. Pointed out that Bill Schuck has sent a letter to Council regarding the sign code amendments. She would be happy to discuss this letter with any member of Council,. 3. Noted that Council members have been given copies of the proposed open space ordinance amendments and asked about the timeline for feedback to staff. Mr. Kranstuber responded that he plans to address this issue under Committee reports. 4. Noted that the I & I removal report was very favorable and encouraging, adding that she hopes the program is aggressively on-going. She is appreciative of the high level of citizen cooperation. Mrs. Boring commented that she reacted unfavorably to the editorial in the Villager questioning why those opposed to development would move into the Sawmill Road corridor and then complain about traffic and development. Mrs. Boring noted that 75 percent of the residents lived there before the development came and they have a right to an opinion about development in their rural area. Mayor Campbell commented that he recently attended a dinner meeting hosted by Cardinal Health where favorable comments were made about the City's sensitive handling of their rezoning issues with all of the entities involved. Cardinal is very appreciative of the way in which the City accommodated the neighborhoods while also responding to the company's needs. Legislation Ordinance No. 22-95 - An Ordinance Providing for a Change in Zoning for 9.893 Acres of Land Located on the North Side of Martin Road, Approximately 150 Feet West of Krier Drive and Martin Road from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (Martin Commons) (Public Hearing) (Applicant: T&R Properties, c/o Ronald Sabatino, President, 6563 Worthington-Galena Road, Worthington, OH 43085) Registered as a proponent of the. rezoning was Jim Houk, Bird, Houk & Associates, 400 Metro Place North, Dublin. Registered as opponents of the rezoning were Randy Roth, 6987 Grandee Cliff and Thomas Doyle, 3141 Lilly Mar Court. Ms. Clarke stated that this property is under new ownership and the plan proposed is to use the PUD district to rezone the southern portion of the site and to construct 72 condominium units plus 2.3 acres of parkland. A previous proposal on this site was for 165 units of senior housing. She then showed slides of the area, noting that the subject site has frontage along Martin Road and backs up to single-family homes along Lilly Mar Court. The section along the northern one-third is zoned for offices, and this rezoning involves the southern two-thirds of the property. The area to be set aside as parkland is at the extreme southwest corner. There is a commitment within the text of the development that 70 percent of every facade. of every building will be brick. The rezoning application was reviewed by Planning Commission in September. The concept plan was approved in 1993 which proposed 20 buildings or 160 units of multi-family with 2 acres of parkland. The recommendation at the concept plan stage was to limit the density to 8 units per acres ~ ~ ~ ~ i u ~ RECORD ~F PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK C Held November 6, 1995 19 and that the structures closest to the houses on Lilly Mar Court should be limited to one story in height. In September, the Planning Commission recommended approval of the rezoning with the following conditions: 1. That the text be amended to clarify: percentage of masonry on all building sides (70 percent brick on each building including garages), color of shutters, grading, lighting, curbing, and landscaping within the reserve area; 2. That a tree preservation plan be submitted, to the satisfaction of staff, and utilities may need to be relocated; 3. That lot coverage not exceed 70 percent of the overall site; 4. That right-of--way for Martin Road, consistent with the Thoroughfare Plan, be dedicated to the City (30 feet from centerline); 5. That vehicular access along Martin, Road remain open only until Marcy Lane is connected with Stoneridge Lane, and be limited to emergency use thereafter; 6. That the applicant remove existing driveways from the park, and improve the grassed area within the park to an acceptable standard, to the satisfaction of the Parks Administrator; 7. That deed restrictions and zoning text include provisions that no more than two units be sold to one property owner, subject to approval of the Law Director; 8. That maintenance standards for detention area be agreed upon with staff and be the responsibility of the developer or subsequent property owner(s); and 9. That every tree removed be replaced with a new 2.5 inch caliper tree, subject to approval by the Parks Administrator.. Ms. Clarke commented in regard to condition 5 that the developer had met with neighbors and agreed to close the access point to Martin Road when Marcy Lane is connected; staff's recommendation is that access along Martin Road remain open. Staff requests that Council modify the position taken by Planning Commission in this regard. Aside from this issue, staff and the Commission are recommending approval with the conditions listed. Mr. Zawaly asked about the overall Thoroughfare Plan that has been recommended for this area to alleviate traffic on Martin Road, to handle access to this area and to accommodate future development off of 161. Ms. Clarke responded that there never has been a plan to connect Dublin Center Drive with Martin Road. The widening of 161 is much needed'and Martin Road carries some of that east/west traffic at this time. Mr. Zawaly asked if staff has considered straightening Martin Road, making a "t" with Krier Drive, then taking Krier Drive and extending it to Martin Road and on to Dublin Village Center. Ms. Clarke responded that in the past, there was reluctance on the part of Council to assist Columbus with their traffic problems via connections to Dublin traffic systems. Mr, Zawaly emphasized that he believes this rezoning is premature until the 1:raffic problems are solved. Mrs. King asked about the existing service levels on 161, Sawmill Road and Martin Road in the vicinity of this application. Mr. Kindra responded that he does not have those figures, but he would estimate the service at peak hours at 161 and Sawmill as "E" levels, Martin Road at peak as a "C" level. Mayor Campbell commented that before this rezoning is put into place, all of the alternatives should be explored which would relieve traffic congestion at Sawmill and 161. Mrs. Boring asked about the land use plans for the Martin Road Christian Church and three single- family homes adjacent to this site. Discussion followed about the need to realign the roads to better accommodate the type of land uses which the City would prefer in this location. Mr. Kranstuber stated that the City should study and propose a road network in this area which makes sense prior to rezoning of this parcel. Ms. Clarke responded that this analysis is underway as part of the Thoroughfare Plan update for the community. Staff will consider how much additional capacity at Sawmill and 161 will be derived by the widening of 161 as well as alternatives for increasing the capacity of the overall road network. Jim Houk, Bird. Houk & Associates 400 Metro Place North gave a brief presentation with the ~~II I ~ ~ ~ c. I I ~ ~ I it k RECC7RD C~'F" PR®CEEDI NG~ Dublin City Council Meeting Page 4 Meetin Minutes of g E A BLANK O. q Held November 6, 1995 19 following comments: 1. The Marcy Lane connection, which is a key component to the road network for this area under the original design, is missing'. 2. The plan has undergone three years of extensive. work, and the conceptual plan was approved with ten conditions. The plan before Council tonight meets all ten of the conditions. 3. Density proposed is 7.4 units per acre; the applicant has worked with staff on park location and to save trees. 4. The buildings will be 70 percent brick on all sides on the proposed empty nester style condominiums. 5. The road system was designed to discourage trips on Martin Road. The emergency exit systems have. been used effectively in numerous developments. Once Stoneridge is connected through to Marcy Lane, it will be used as primary access, leaving Martin Road in its residential character. Mayor Campbell suggested that the applicant work with staff to address the traffic network concerns raised tonight. The plan is an improvement over previous submissions, but the issue of the road network should be addressed before the rezoning is put into place. Mr. Houk stated that they will work with staff on the roadway connections, although there are mechanical problems in this including land which they do not own. They support the connection of Marcy Lane and Stoneridge since that whole roadway system was designed to relieve 161 congestion. Mr. Foegler commented that the Stoneridge Lane connection. is one of the acquisition sites proposed to Council. Staff believes they have a private commitment. on the road construction and are, working on firming this up. This will be presented to Council in conjunction with the land acquisition discussion. Randy Roth. 69$7 Grandee Cliffs Drive stated that the land use is very positive and the neighbors are appreciative that the park has been moved. He would support creating a road network that would take the Dublin Village Center traffic off of Sawmill. Opening up the road network would complete the big circle to go with Federated Boulevard and Krier Drive that_was part of the Thoroughfare Plan. He added that there will always be cut-through traffic on Martin Road to Riverside due to the "jug handle" created with Dale Drive which sends traffic north in order to travel south on Riverside. Thomas Doyle, 3141 Liles Mar Court stated that his. only objection to this plan is the traffic generated onto Martin Road by the future residents of the new development. This may result in a need to install a traffic light at Martin and Riverside which would only draw more traffic to the area. He would like to see other arterials developed or completed in the area to provide alternate routes. Mrs. King indicated she, too supports staff ..further investigating the connection of 161 with Krier Drive. She then moved to have staff investigate the feasibility and present Council with a proposal to connect Dublin-Granville Road to Krier Drive, east of the subject site, to provide cost estimates, to provide input from the property owners involved and to address any other issues pertinent to a well- informed decision. This investigation should be completed by the time of third reading unless the applicant requests a delay. Mr. Zawaly seconded the motion and suggested an amendment, that if this Thoroughfare Plan is put into place, what would staff's recommendation then be on land use for. the subject site. Mrs. King accepted the amendment. Mr. Zawaly seconded the amended motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Mr. Foegler noted that staff will proceed in a timely manner, but it is unlikely that this investigation can be completed within two weeks. Mr. Houk commented that he will have to consult with his client relative to the timing of the third reading. He emphasized that the key component of making this a workable road network is the use of two properties not controlled by his client. Mr. Foegler summarized that the first task would be to explore the feasibility of constructing a connection that will not be impacted by this project; simultaneously, investigation would be undertaken to assess the value and the traffic benefits of such an interconnection and the costs. He _ ~a~ ~ . ~ - I , ~ _ i ~i 'p i RECORD OF PROCEEDIIOIG~ Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK R " Held November 6, 1995 19 would estimate approximately four weeks to provide this analysis to Council. Mr. Houk stated that he will consult with his client and confer with staff tomorrow regarding the timeframe for the third reading. Ordinance No. 48-95 - An Ordinance Providing for a Change in Zoning for 15.193 Acres of Land Located on the South Side of Brand Road, Approximately 1,300 Feet West of Avery Road from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Erwin property on Brand, north of Indian Run) (Public Hearing) (Applicant: M/I Schottenstein Homes, Inc., Ben W. Hale, Jr'., Smith & Hale, 37 W. Broad Street, Columbus, OH 43215) Registered as proponents were Bill Adams, State Street Development and Linda Menery, Bohm- NBBJ. Registered as an opponent was Kathryn Humbert, 6325 Brand Road, Dublin. Ms. Clarke stated that this rezoning provides approximately 301ots and two acres of parkland to be located north of the Indian Run. She then 'showed slides of the site and surrounding area. The minimum lot size proposed in this subdivision is 80 feet with 130 feet of depth - 10,000 square foot lots. There is a buffer along Brand Road respecting a 200-foot setback from the centerline of Brand. This proposal conforms with the Community Plan in terms of the corridor west of Avery as a residential area with a maximum density of between 1.0 and 2.0 units per acre. Planning Commission recommended approval with 12 conditions:. 1. That right-of--way consistent with the Thoroughfare Plan (40 feet from centerline) along Brand Road be dedicated to the City upon rezoning; 2. That no-build zones be provided along all lots which abut the park; 3. That fencing restrictions and applicable yard requirements be provided in the text and later on the preliminary and final plats; 4. That a bikepath be installed along Brand Road, and a buffer plan with path be provided for the lots which abut Brand Road; 5. That restriping of Brand Road for left-turn storage and street lighting be provided at the entrance to the site, in coordination with the Shannon Glen subdivision, subject to approval by the City Engineer; 6. That the no-build zone along the west property line be widened to at least 30 feet to preserve the double-wide tree row; 7. That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases'of construction; 8. That contribution for the bridge across the north fork of the Indian Run include 7 to 9 percent of the estimated total cost of construction, to be secured. by a letter of credit at the time of preliminary plat review, to the satisfaction of the Law Director; 9. That all changes be made to the text and plan to the satisfaction of staff, prior to scheduling this application for a public hearing; 10. That utility providers be listed on the appropriate plats; 11. That the applicant install a bikepath within the park entrance, prior to the construction of homes; and 12. That the applicant coordinate a street connection with the property owner to the west. She noted that the Planning Commission forwarded a positive recommendation by a vote of 5-0 at heir August meeting. The density is 2 units per acre, the plan provides for an addition to the parkland, and the proposal conforms with the Thoroughfare Plan. The remaining issues are to be resolved at the time of preliminary platting, Mr. Zawaly asked if all of the text changes referred to in condition #9 have been made. Ms. Clarke responded that they have. Mr. Zawaly asked about the cost sharing for the bridge. Ms. Clarke stated that the commitment has been made -the exact amount will be determined on the basis. of numbers of lots that come through on the preliminary plat. Mrs. King asked for clarification about the specifics of fence restrictions in the text. Ms. Clarke responded that the language in the text states that the applicant shall prohibit the use of chain link, metal or plastic fence on any lots, any fencing installed upon a lot shall be three-foot, three-rail, split-rail fence, approximately 3.5 feet above finished grade with posts approximately 8 feet on center, and that the fence may be backed with black welded wire mesh 12.5 or 14 gauge, and it states that the specifics of the fence restriction is on the recorded plat for Wyndham Village which abuts this subdivision. RECORD OF PROCEEDING Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLP.NK Held November 6, 1995 lg Mrs. King expressed concern that a portion of the flood plain is within the lot and could be filled or elevated which would then contribute to flooding downstream. She would advocate a requirement for natural vegetation within the no-build zone in order to filter out pollutants from the yards and restriction of any significant degree of fill within the floodplain. Mayor Campbell stated that he would be interested in the engineer's opinion about this matter. Mr. Kindra responded that Council had recently passed legislation adopting the new FEMA regulations. No filling is permitted in the floodway plus 20 feet, and beyond that, any filling requires extensive study and review. Mrs. King asked if retaining natural vegetation is required within the no-build zone. Ms. Clarke responded that it is not required at this time. However, this is not a developable territory and it could be worked out with notes on the plat. Mr. Zawaly asked why in this case the FEMA guidelines have not been listed in the conditions. Ms. Clarke responded that these issues are handled at the time of preliminary plat. Mrs. King noted that in view of the already_overloaded condition of the interchange at Avery Road and 33, this rezoning may not be in the best interest of the residents. Ms. Clarke noted that Kathryn Humbert had pointed out a possible error in the legal description as it relates to this property. This will be resolved with the developer prior to the vote on the rezoning. Linda Menery. Bohm NBBI stated that her firm represents M/I Homes on this project. She commented that much time has been spent on the issue of the connection to the west. They are also hopeful of aligning with Shannon Glen to the north. She commented briefly on the proposal and offered to answer any questions. Bill Adams, State Street Development noted that State Street Development is in the process of .finalizing negotiations with M/I to acquire this 15 acres. They are working out the final details of coordination of the connector with the Starkey property and to jointly approach the off-site extension of a 21 inch sanitary sewer that is currently on the north side of Brand Road. The goal is to minimize the crossings on Brand Road. The tentative construction schedule begins on March 1, 1996. M/I has committed bridge contributions with both the Erwin north and south parcels and David Haid has committed to a bridge contribution for his 230 lot. development. State Street's contracts with M/I reflect the financial contribution to the bridge. Mr. Adams asked for clarification about the restrictions within the floodplain in terms of fill. Mr. Kindra responded that current Code does not permit any kind of fill within the floodway plus 20 feet. Mr. Adams also commented that the properties along Brand and Post Roads do have an alternate route to access Route 33 via Hyland-Croy. Mrs. King commented that the neighboring jurisdictions in Union County may not welcome all of the additional traffic generated from the development. Because of the impact from development, contributions should be made to bring the roads up to the level of service demanded by the residents, and she would like to see a proactive effort of developers in this area. Mr. Adams responded that larger commercial developments warrant those kinds of discussion as those developments can more easily absorb the infrastructure costs. This development is a 15-acre, 30 lot subdivision several miles removed from Avery and 33. Mr. Foegler clarified that the contribution to the bridge with this rezoning is an off-site improvement and is somewhat unusual. It provides a larger area benefit in terms of a major collector function and is not a typical voluntary contribution. Kathryn Humbert, 6325 Brand Road stated that she believes there are some discrepancies in the legal description. Secondly, if the rezoning plan' is approved as submitted, she is concerned about the impact of a proposed bikepath shown on the plan as ending at their property line. Following brief discussion, Mayor Campbell summarized that there is no plan as part of this development to extend the bikepath across the Humbert's property, but this would not preclude a future extension. There will be a third reading of the ordinance at the November 20, 1995 Council meeting. it i , t RECORD. OF PR®CEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BL4NK R Held November 6, 1995 19 Ordinance No. 49-95 - An Ordinance Providing for a Change of Zoning of 26.168 Acres of Land Located on the West Side of Wilcox. Road, Approximately 1,100 Feet South of Shier- - Rings Road from: RI, Restricted Industrial District to: PUD, Planned Unit Development District. (Dearth property for residential use) (Public Hearing) (Applicant: Donald R. Wick, Rockford Homes, Inc., 131 Dillmont Drive, Columbus, OH 43235) Registered as proponents were: Tim Houk, Bird, Houk & Associates, 400 Metro Place North, Dublin and Cathy Erickson, Vice President, Heather Glen Civic Association, 6109 Ashleylynn Court, Dublin. There were no registered opponents. Ms. Clarke stated that this is the western half of the Dearth property which totals 52 acres and runs between Avery Road and Wilcox Road. It has been zoned RI for 12 years and has been for sale for that period of time. This proposal is for 46 single-family lots and 56 condominiums with 4.8 acres of parkland and is a combined concept and preliminary plan. The proposal is to put the land in a Planned Unit Development district. She then showed slides of the site and surrounding area, noting that the proposal includes an extension of Enterprise Drive and a bikepath connection with the Heather Glen subdivision. The Planning Commission. reviewed. this application on September 1995 and recommended approval by a vote of 6-0 with 11 conditions which were accepted by the "developer. The conditions are as follows: 1. That the text be clarified regarding: use of masonry and color of shutters on multi-family units, entry feature location and maintenance, timeframe for bikepath and tree installation within the park, sidewalk width along Wilcox Road, buffer screening, and no-build zone definition, to the satisfaction of staff; 2. That the applicant dedicate 35 feet of right-of--way consistent with the Southwest Area Plan along Wilcox Road at the time of zoning; 3. That a tree preservation plan be submitted to staff for review outlining limits of construction, lot lines, utilities, and easements; 4. That a 20-foot no-build zone be provided along the rear of lots on the west side of the site, and that the 15-foot no-build zone south of the park be relocated onto the single-family lots; ' S. That the minimum level of curbing (extruded concrete) be provided along the length of the private street, and be extended to the condominium units; 6. That the park be fine-graded and seeded to the satisfaction of the Parks Administrator; 7. That the applicant provide a physical separation (e.g., shrubs, brick pavers) between the park and the multi-family area (at the clubhouse), to the satisfaction of staff; 8. That the detention facility within the park be a wet pond, as approved by the City Engineer; 9. That a double row of evergreen trees be installed, replacing the proposed privacy fence on the north property line, to the satisfaction of staff; 10. That all bikepaths be constructed at the time of street construction; 11. That trees to be installed within the park area be no less than 2.5 inches in caliper. The applicant accepted these conditions. The Southwest Area Plan recommends that the density of this area be 4.3 units per acre, and this application provides for density of approximately 3.9 units per acre. This proposal conforms with the preferred land use within the Plan and staff believes it provides an excellent addition to the single-family area that the existing zoning does not. Mr. Zawaly stated that Mrs. Stillwell has pointed out that. all references to Enterprise Drive should be changed to Innovation Drive. Mrs. King asked if there are any pending requests to develop the land to the west which would provide more than a single point of ingress and egress for all of these lots. It is important to give people alternate ways to travel in order to reduce the traffic volumes. Ms. Clarke responded that there are no pending applications of any type for the land to the west. Heather Glen was zoned without a connection, but staff will investigate this possibility. Mrs. Boring agreed with Mrs. King, adding that this is an important consideration. Mr. Foegler commented that the final plat of the property to the south is recorded and there is no provision for right-of--way or easement extending through it. The northern property was zoned industrial at that time and a linkage would not have made sense. A linkage would now require the cooperation of the developer of the property to the south on a lot which is already recorded. Jim Houk Bird Houk & Associates 400 Metro Place N. clarified that it is not his client's intention for this to be a long, single access point. A 24-foot pavement access from the condominium section links up with the single-family section. It will be a private road and maintained by the Association and it will provide a safety and security access. The ability to obtain a connection back through to Heather Glen will likely be difficult as Mr. Foegler has stated. The plan is supported by the . RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL ELAN R Held November 6, 1995 19 neighbors in the area. Mrs. Stillwell commented that the plan does not demonstrate a very imaginative use of space and design for a PUD. Mr. Houk responded that this small piece of property does several things, including providing a transition between two land uses and providing for a park in the middle. From a design standpoint, this is quite limiting. It is designed for optimum view from a car and not from the fly-over view Council is looking at tonight. Mayor Campbell suggested that the design is more neo-traditional in style as opposed to the popular suburban swirl prevalent in Dublin neighborhoods. Mr. Houk commented that one of the bases of the neo-traditional approach is to set up these kinds of view corridors. Mrs. King noted that the booklet format of the materials provided for Council's review is very user friendly as opposed to large maps. Mr. Kranstuber and Mrs. Boring agreed. Mr. Zawaly asked for clarification regarding the detention facility identified on the maps. Mr. Houk stated that they are designing this to be much larger in size than required for detention purposes and it will be a retention pond, not detention. Cath~Erickson, Vice President, Heather Glen Civic Association, 6109 Ashleylynn Court stated that they have met with Mr. Houk several times regarding the project, and the Association is looking forward to having single-family homes and condominiums abut their properties instead of the previously zoned industrial use. There will be a third reading of the ordinance at the November 20, 1995 Council meeting. Tabled Legislation Mayor Campbell noted that some of the audience members .are present this evening for previously tabled ordinances, and suggested that Council consider items at this time which require action. Ordinance No. 65-95 - An Ordinance Providing for the Submission to the Electorate of an Amended Charter of the City of Dublin. (Second reading tabled until November 6, 1995) Mr. Zawaly reported that at the last Council work session on the Charter on October 23, it was decided that the public hearing should be delayed until November 20, 1995 due to the heavy agenda on November 6 and the need for an additional Charter work session on November 16. He then moved to take the ordinance off the table and set it for public hearing on November 20, 1995. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes. Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil- Company - SuperAmerica) (Third reading tabled indefinitely) Mayor Campbell reported that a letter was sent to Council by the attorney representing Ashland stating that they have completed their review of alternative sites in Dublin and they now want to proceed with the application at Post and Avery Roads, and request that Council schedule Ordinance No. 04-95 for a vote on November 20, 1995. Mr. Zawaly moved to take Ordinance No. 04-95 from the table and place it on the. agenda for November 20, 1995. Mrs. King seconded the motion. Discussion followed about the status of the legislation and whether another public hearing would be advisable. Mr. Smith recommended that if Council approves the motion, a public hearing and third reading should be scheduled for November 20 with notification given to adjacent property owners. Council could then take additional testimony on the application. Mr. Zawaly amended his motion to include that notice be provided to adjacent property owners that the ordinance will be scheduled for a third;reading and public hearing on November 20, 1995. Discussion followed about scheduling the hearing on December 11 to allow time for notice. i ~ ~ _ ~i ~i ~ ~I JI a~ I I. a 7 RECORD OF PR®CEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK C R Helu November 6, 1995 19 Mr. Zawaly amended his motion to schedule, the hearing on December 11, 1995. Mrs. King seconded the amended. motion. Vote on the motion -Mrs. Boring, no; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, no; Mr. Kranstuber, no. Mayor Campbell stated that this ordinance will remain tabled .indefinitely. Mr. Zawaly requested that in the future, the tabled ordinances list include the status of the legislation when tabled, i.e., first, second or third reading. Following brief discussion about the need to address tabled legislation before year end, Mayor Campbell asked that staff provide a status report an the tabled legislation. Ordinance No. 104-95 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1995, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley noted that a memo has been provided regarding the need for the various additional appropriations. Staff recommends adoption. by emergency. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. Mrs. King suggested an amendment to the appropriations fora $7,500 contribution to the Greenways Plan which is being developed by MORPC in conjunction with other Central Ohio communities. She is not certain if the Finance Committee has a recommendation on this matter which was referred to them. Mrs. Boring noted that the Committee has not. considered the request as of this date. Mayor Campbell suggested that Council defer this matter until a recommendation is made by the Committee. It was the consensus of Council to defer this for a Committee recommendation. Vote on the motion - Mr. Zawaly, yes; Mrs'. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 105-95 - An Ordinance to Accept the Lowest/Best Bid for Emerald Parkway, Phase 1, Appropriating Funds, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler reported that staff made the decision to phase the Emerald Parkway project because of the timing needs of the Alter Group and Cellular One. This portion is the first 2,000 feet of the roadway from Coffman Road extending to the east. Planning Commission reviewed this and bids were opened last week. The need for the emergency is the time commitments specified within the tax increment financing agreements. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Mr. Kranstuber asked about the status of the response to Dr. Wolfe regarding the intersection of Emerald Parkway with 745. Mr. Foegler responded that the draft is completed and he will forward copies to Council members ...when it is finalized. Vote on the motion -Mrs. King, yes; Mrs. boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes. Ordinance No. 106-95 - An Ordinance Accepting the Lowest and Best Bid for Improvements for Post Road in front of the Dublin Recreation Center Entrance off of Post Road, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Foegler commented that this legislation is presented pursuant to the traffic study carried out in conjunction with the Community Recreation Center. The project involves the improvement of Post Road to accommodate left turn movements safely into the new facility. The nature of the emergency is to coordinate the completion of the improvements with the opening of the Recreation Center in 1996. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. , i-- r~~~ ~ - RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting OAYTON LEGAL BLANK Held November 6, 1995 19 Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Ordinance No. 107-95 - An Ordinance Adopting the Operating Budget for the Fiscal Year Ending December 31, 1996. (first Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley requested that this be held over for a second reading on November 20, 1995. The budget hearings are scheduled to begin on'Wednesday, and a memo will be provided from the Finance Committee chairperson regarding the format of the hearings. There will be a second reading of the ordinance at the November 20, 1995 C®uncil meeting. Other Detention Exemption - M.L. Red Trabue Nature Preserve Mr. Foegler reported that this request relates to the public improvements being implemented adjacent to the nature preserve as described in the memo from Mr. Bowman. The impacts will be minimal and it does meet the criteria within the MORPC standards for detention waiver. Mrs. King commented that she is generally opposed to detention waivers because of the pollution Mrs CBoring 1 ommented that she agreesas no opportunity for filtering before entering the creek. Several members of Council indicated that the information was not included in their packets. It was the consensus of Council to hold this item over until the next meeting to allow time for review. Discussion re Temporary Blockage of Bradenton Avenue Mr. Hansley stated that a petition was initiated by the Llewellyn Farms residents to block off the Bradenton Avenue entrance to the subdivision in order to eliminate the cut-through traffic from the - office development on Bradenton. Mrs. Stillwell noted that the residents made the City aware of this problem as early as 1989. The issue was reviewed by the Safety Committee in 1994, but it was not resolved. The residents have indicated their support of the closure by signing the petition, and many of them are here this evening to testify. Mayor Campbell asked if there is general consensus among the residents to close the road to through traffic, and Mrs. Stillwell responded that there is consensus. Mr. Hansley added that the residents present all agree that at least a temporary closure is appropriate. The adversely affected parties will be the businesses along Bradenton who are unaware that this issue is being discussed tonight. If the temporary closure is approved, staff plans to address this by giving the businesses several weeks notice to allow, time for input. Liane Munnikhuvsen, 4754 Belfield Drive presented a map to Council and provided background on the matter which dates back to 1989. She noted that the traffic from the office development has resulted in a serious safety hazard for the residents of Llewellyn Farms. The office workers use the subdivision streets as acut-through route to travel to and from work. Volumes of traffic are heaviest in the morning, to and from lunch, and again in the evening. It is very difficult to cross the street at these times of day. The development was not designed to absorb this traffic -the streets are narrow, the speed limit is 25, and there are numerous crosswalks and a bikepath crossing within the subdivision. There are problems with speeding, disregarding stop signs, and not using caution around children. The residents believe that 'closing Bradenton where it enters the neighborhood is the only option which will work. The residents are willing to suffer the inconvenience for the safety of the children. Jeri Buehler 4762 Belfield Drive stated that she has lived in the neighborhood 7 years. There are approximately 120 children under age 10 whose parents have concern about their children crossing the streets. The residents have witnessed many occasions where the lives of children could have been jeopardized. It sometimes take 5 minutes to cross the street at the crosswalk in front of her home. Closing Bradenton will be inconvenient for residents, but there is good access to the neighborhood for safety vehicles from other streets. She urged Council members to close off Bradenton and keep the Llewellyn Farms neighborhood a safe place to live. Bruce Bear 4792 Belfield Drive echoed the previous comments, adding that buses have had to wait at a stop sign for 10 to 15 minutes waiting for traffic to clear due ao the amount of cut-through - ~ ~ E - ~ i i ~ ~ 5 RECORD OF' PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held November 6, 1995 19 traffic from the office development. The issue is one of safety. Kevin Scheckelhoff 4253 Hertford Lane stated that they recently had a close call with their three- year old on Hertford Lane. Safety is a real concern for the residents. Mr. Kranstuber noted that he recently visited the neighborhood and was surprised at the volume and speed of traffic. He would also support any Council action which would de-emphasize the use of Tuttle Road near the school. Mrs. King commented that she believes it is important to fully involve all parties in the decision- making, and this would include the businesses in the area. She is hopeful that Council will delay a decision until testimony can be provided from the businesses as well. Mr. Zawaly noted that he is very concerned about the immediate safety hazards that have been brought to Council's attention. He is hopeful that Council does not defer a decision in the interest of including a wider public forum. His understanding is that the recommendation would befor a 60- day trial period. Mr. Hansley commented that staff's plan would be to post a sign in the area stating that the road will be temporarily closed for 60 days beginning' on a certain date. Prior to putting signs up, a traffic count would be taken on all streets in the area. Staff does have some concern that traffic will shift to Tuttle Road in front of the school. Traffic counts would again be taken after the closure. Following the 60-day time period during which the affected businesses can provide input, Council would have to make a final decision on whether to permanently close the Bradenton entrance. Mayor Campbell commented that these issues have been raised previously in areas where businesses adjoin residential areas. It was most recently raised with the Cardinal Health rezoning by the residents of Coventry Woods. In view of the safety issues involved, he believes that the temporary closure is appropriate. Mrs. Boring stated that she supports the temporary closure, however her concern is with setting a precedent for areas such as Tara Hill where the Recreation Center traffic may impact the residents. Mr. Kranstuber pointed out that there are extraordinary circumstances here, including safety concerns, the fact that there are multiple access points, and the direct interplay between a business and a residential area. Mr. Zawaly moved that the City close Bradenton Avenue on a 60-day trial basis with due notice being given as outlined. by the City Manager to all impacted travelers, based upon the unique circumstances, the adjoining uses, and the public safety concerns. Mayor Campbell seconded the motion. Mrs. Boring suggested that traffic assistance 'may be needed at Bradenton and Frantz to assist motorists with left turns onto Frantz during certain hours. Mr. Hansley responded that providing assistance at this intersection could impact the traffic patterns and artificially make the traffic patterns work more effectively. He added that he has consulted with the Police division and the Washington Township Fire Department and they have no major concerns about this trial period. It will reduce some response times depending upon where the emergency equipment is traveling from. If the motion is approved by Council, the earliest date for the temporary closure would be approximately 3 to 4 weeks from tonight. At the next Council meeting following the 60 day trial period, staff will then provide a report to Council on their assessment. Mr. Zawaly noted that he would prefer that the road not be reopened. prior to Council's review of the report. He moved to amend his motion that the temporary closure of the road be extended until such time as the staff report is provided to Council for their review and consideration. Mayor Campbell accepted the amendment. Vote on the motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Council Committee Re orts Mr. Kranstuber, Public Services Committee reported. that: 1. The Committee met recently and reviewed the proposed Muirfield Maintenance agreement. Most of the issues have been resolved and it will be brought to Council in the next couple of weeks. RECORD OF` PROGEEDINCS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK O., R Held November 6, 1995 19 2. A report is included in the packet regarding the green space ordinance changes proposed by the Parks and Recreation Advisory Committee. Most of the changes are merely housekeeping; the more complex issues are noted on page 3 of the document. The PRAC would like feedback from Council at this point. Unless any member of Council has questions or concerns they would like to discuss, he would move to have staff draft an ordinance based upon the concepts outlined in the memo. Ms. Jordan asked if Planning and Zoning Commission should review the proposal since it is part of the Zoning Code. Mayor Campbell stated that an ordinance could be prepared, introduced, and then sent to P8rZ for review. Based upon the Committee's recommendation, he would support initiating this process. Mrs. Boring clarified that the document was reviewed by Mr. Kranstuber as liaison to the PRAC - it was not reviewed by the Public Services Committee. Mrs. King stated that she has some amendments to propose. The changes may inadvertently eliminate the opportunity to do a rural by design subdivision which was likely not the intent. Following brief discussion, Mrs. King agreed to meet with Ms. Jordan regarding the amendments she would like to incorporate into the draft ordinance. Mr. Kranstuber then moved that the August 10, 1995 PRAC recommendation be referred, to staff for drafting into ordinance form. Mayor Campbell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs: Boring, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Mr. Kranstuber continued his Committee report: 3. PRAC would like guidance from Council on whether to review the open space dedication for commercially zoned parcels. Mrs. King pointed out that commercially zoned areas already dedicate bikeways and the lot coverage requirements set aside a certain amount of greenspace. On the other hand, corporate citizens are treated as recreation customers and should therefore be required to contribute to the parkland base. Mrs. King commented that she believes this discussion belongs within the context of the Community Plan Update. Council members agreed that this is a Community Plan c®nsideration. 4. PRAC is also seeking guidance from Council on whether to review the adequacy of the formula for land dedication in the existing Code. Mrs. Boring moved to have the open space dedication for commercially zoned parcels and the review of adequacy of the land dedication formula in the existing Code considered by the Community Plan Steering Committee within the context of the Plan update. Mrs. Stillwell seconded the motion. The motion was carried unanimously Mr. Zawaly, Charter Review and Revision Commission reported that a brief Council workshop session is scheduled. for Thursday, November 16 at 7 p.m., prior to the board and commission • interviews. He pointed out two additional issues to be discussed at that time: 1) language that would give Council the prerogative or the power not to refer zoning matters to P&Z if Council believes they do not meet certain criteria, i.e. conformance with the Community Plan, etc.; and 2) the power for Council variances which would .allow Council to adjust, amend or modify zoning text without sending it back to P&Z or to Council for a complete rezoning change. Mrs. King, Community Development Committee reported that the Committee met recently and draft minutes were provided to Council. Highlights of the meeting were as follows: 1. The Committee does not recommend action at this time on aCity-sponsored. rezoning of parcels with inappropriate zoning categories located south of Post and east of Perimeter Center. The issues should be examined in a broader sense with the Community Plan update. 2. The fence Code changes were discussed thoroughly, and the Committee has agreed that an interim fence Code should be proposed to Council with the understanding that within the period of one year, the entire chapter would be rewritten. Interim changes include the following: a. deleting chain link and privacy fences from the list of permitted fences; b. adding the option of facing the split rail fence with black wire mesh; c. deleting items 1 and 2 under 1309.03(b) and adding language under 1309.03(b) requiring that the design of privacy fences must be approved by the Planning Director; RECORD OF PR~CEEDINCS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK ~ Held November 6, 1995 19 d. eliminating basket weave fences. She suggested that. the Committee's recommendation be referred to staff to draft into ordinance form. Mr. Zawaly moved to refer this to staff for 'the preparation of an interim fence ordinance. Mr. Kranstuber seconded the motion. Mrs. Kin su ested an amendment -that the motion is made per the recommendations of the g . gg Community Development Committee of Council at their October 25, 1995 meeting. Mr. Zawaly and Mr. Kranstuber accepted the amendment. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes. 3. The Committee also sent a response to the survey sent from Representatives Salerno, Schuck and Meade regarding I-73 since a reply was needed by October 30. This matter was previously referred to the Committee and they have kept Council apprised of the status of the proposed turnpike. Mrs. Stillwell moved to reaffirm the action taken by the Community Development Committee with regard to the I-73 policy for Dublin. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Mr. Kranstuber, Public Services- Committee noted that all Council members should have received the bikepath map from staff. It includes a breakdown of connections likely to be funded by developers and those to be funded by the'City. The C®mmittee reviewed the information and suggested that staff provide a list of important links for Council prioritization. Staff will then provide the costs of the connections for further review by Council. Mayor Campbell brought up two other issues: 1. He has been contacted several times by Chuck Stevens, who lives due west of Bright Road r'"~~ and Riverside and has concerns with a stone wall that was adversely impacted by drainage r work in the area. Perhaps this should be reviewed by Public Services Committee. Mr. Hansley stated that Mr. Stevens had previously accepted a tentative offer from the City to resolve the problem; subsequently, Mr. Stevens made an unsuccessful attempt to get the State involved. Mr. Hansley added that he is optimistic that this can be settled administratively. 2. An Abbey Glen subdivision resident requested that the City investigate lighting for the subdivision. He is not certain if she is referring to street lighting or entry feature lighting. Entry feature lighting would not be a City responsibility, but perhaps street lighting. could be further investigated by the City. Mr. Foegler responded that several of the subdivisions in the area have zoning obligations to contribute to lighting of intersections. There is a City contribution to it also, and utility work which must be done. Mr. Foegler stated that staff will verify that this was imposed as a zoning restriction. Mayor Campbell asked that staff contact the resident whose. name and phone number he faxed into the City Manager's office. Mr. Hansley reported that per Council's previous policy direction, staff is preparing legislation to adjust the township boundary line for the recently approved annexation from Jerome township. It was the consensus of Council that staff prepare this legislation in keeping with the current annexation policies. Mayor Campbell noted that an executive session has. been requested for a personnel matter. Mrs. Stillwell moved to adjourn to executive session at 11:45 p.m. Mrs. King seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. May - residi is Clerk of Council ~ - - i ~ i r' ' E ~ .