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HomeMy WebLinkAbout11/02/1992 RECORD OF PROCEEDINGS Minutes of _ Dublin City Council Meeting Meetin NK FORM NO. 10148 I November 2, 1992 Held 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p. m. on Monday, November 2, 1992 and Mr. Smith led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Sutphen, Mr. Campbell, Mrs. King, Mr. Amorose, Mr. Strip, and Mayor Rozanski. Mr. Kranstuber arrived at 7:40 p. m. Mr. Hansley, City Manager, and Mr. Smith, Law Director, were also present. Annroval of Minutes of October 5, 1992 and October 19 1992 Meetings Mr. Amorose moved to approve the minutes of the October 5 Council meeting. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes. Mr. Strip moved to approve the minutes of the October 19 Council meeting. Mr. Sutphen seconded the motion. Mr. Campbell stated that he has corrections to page 17 of the minutes: Bobby Rahal's name is misspelled; Ken Berger should be Kent Mercker; and in the group, he also had mentioned Vince Workman of the Green Bay Packers. Vote on the motion -Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, ~ es• Mr. Amorose y ,yes; Mr. Campbell, yes. ' Correspondence The Clerk reported that there was no correspondence to Council. Comments from Visitors Chris Cline, a member of the Board of Trustees of the Dublin Soccer League addressed Council and introduced Trustees Pat O'Kane and Jim Sturm. He gave Council a brief report on their fall soccer season, stating that 2,150 soccer players participated in the fall recreational program. The operation of the concession stand was turned over to the high school soccer boosters who will realize about $4,000 in profits to be used to support the high school soccer programs. Pat O'Kane stated that the third annual Labor Day Charity Cup Tournament, co-chaired by Roger Bissmeyer and himself, raised approximately $11,500 for the Juvenile Diabetes Foundation - a 328 % increase over last year. There were 84 teams participating, with 14 teams from Dublin, 51 from Central Ohio and 19 teams from outside the Central Ohio area. Over 180 area hotel rooms were booked by teams from out of town. He thanked City Council and City staff for all their assistance. He stated that they were looking forward to ~ the Fourth Annual tournament next year which will be chaired by Jim Sturm. Jim Sturm added that they hope to raise $15,000 next year by increasing the number of participating teams. Mayor Rozanski thanked all who have volunteered their time to make this program such a success. He noted that the large number of hotel rooms booked for the event add to the City's bed tax funds. Bill Yoder Southwest Area Residents Association stated that there are currently several active rezoning applications in the southwest area which do not comply with the present Southwest Area Plan. He noted that there is a revised plan in existence and the process is ongoing to update the Southwest Area Plan. He commented that there is great uncertainty RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin NK F RM N 10148 November 2, 1992 Held__ 19 and confusion due to the large number of rezonings in process and the lack of a completely updated plan. Residents want to ensure that any rezonings will conform with the updated plan, and are concerned that poor development and growth will result from all of the confusion. He mentioned that there are several rezoning proposals in process which do not comply with major elements of the existing plan: the Swanson property, the Rings Road North concept plan, the two Heather Glen rezonings, and the Trinity Park rezoning. He ' suggested that any major conflicts between the proposals and the master plan be identified at the conceptual stage and brought to everyone's attention for resolution. This procedure was promised by City Council in their endorsement of the Development Department memorandum to Council dated January 31, 1991. He added that P&Z then promised on February 7 that if a proposed project is not in general compliance with the current master plan, P&Z would then make an appropriate recommendation for Council action. To his knowledge, there has been no formal action by Council to resolve the areas of non- compliance for the above-listed rezoning applications. The Southwest Area Residents Association suggests that until the new plan is adopted, the existing plan be revised to include changes necessary to proceed with current rezoning applications. He proposed the following procedure, as outlined in the P&Z clarification of January 31, 1991: Step 1. In each zoning case, staff would identify the major changes in the master plan needed for the zonings; Step 2. A public hearing at P&Z could be held to discuss the changes, followed by adoption by P&Z of the recommended changes which would then be sent to Council for action; Step 3. Changes heard and acted upon by City Council; ° Step 4. Changes could then be incorporated into the current master plan by staff and followed by P&Z in their deliberations. . y Another option would be to take a brief time out from rezonings until the master planning process is completed in February. Mayor Rozanski asked Mr. Yoder to put his comments in written form for submission to Council. Mr. Yoder agreed to do so. Council Member Kin commented that Dublin resident Len Immke passed away earlier this year. With respect and condolences to his family, she proposed that the $400,000 in estate taxes from his estate be set aside in a special purpose fund known, for the time being, as the "Acorn Fund" or "Len Immke Park Fund". This would be used to purchase major tracts of land or to match donations of land or money which, in turn, could be eligible for reimbursement under some grant program. It would be a lasting tribute to an extraordinary citizen and entrepreneur who invested in Dublin and built a dream home in this city. She then moved to direct staff to prepare the necessary legislation to earmark the estate taxes paid from the Len Immke estate for the Acorn matching fund to be used to match grants and gifts of land or private donations for parkland acquisition. In this way, Len Immke's life and his contributions would be remembered and celebrated. There was no second to this motion. Mr. Strip suggested instead that this proposal be referred to Finance Committee for further study. He expressed concern that Council would be setting a precedent for funds that are received by the City under the State's inheritance laws. Mr. Campbell expressed support of Mr. Strip's viewpoint and agreed that the suggestion should be referred to Finance Committee. Perhaps the Immke family could be consulted before any final decision is made. Recognition is certainly in order, but it needs further study and input. Mr. Kranstuber commented that this is a revenue to the City and thus should be reviewed by the Finance Committee and as part of the budget process. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 ~ ~ November 2, 1992 II Held -__:~_.--i- 19 i'' Mayor Rozanski noted that members of Council and staff have previously discussed the use j of this sum for a special purpose as a lasting tribute to Mr. Immke. He is supportive of refemng this to Finance Committee and suggests seeking input from the Immke family and staff about how to proceed. Mrs. King thanked Council members for their input. She added that she discussed the proposal with Charlotte Immke today and Mrs. Immke trusts the judgment of Council and staff on an appropriate proposal. Mr. Strip added that the City's budget includes collection of inheritance taxes from its residents. The extraordinary feature in this instance in the large amount of the Immke estate taxes. i' Mayor Rozanski asked for a motion to refer this to Finance Committee, including any Council members who want to participate, for further study. Mr. Amorose moved to refer to Finance Committee. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. r Legislation Ordinance No. 103-92 - An Ordinance Providing for a Change of Zoning of 7.218 Acres of Land, Located on the South Side of Rings Road, Approximately 1,350 Feet to the j East of Wilcox Road, to be Rezoned from: R-1B, Restricted Suburban Residential ~i ~ District to: PLR, Planned Low Density Residential District. (Public Hearing) Mayor Rozanski asked that proponents and opponents come forward and sign in. Registered as proponents were Charlie Ruma and David Ruma, 1152 Goodale Avenue, i Columbus. Bill Yoder, 5661 Wilcox Road, Dublin, registered as an opponent. i! i j Ms. Clarke showed aerial and ground slides of the proposed rezoning area. She commented that the 7 acre site located on the south side of Rings Road contains a single family residence owned by the Swanson family. The proposal is to rezone the site from R-1B, Restricted Suburban Residential District, the zoning which was carved prior to annexation from Washington Township, to PLR, Planned Low Density Residential District. The developer plans to build 53 condominium units in ~ two-story buildings with an overall gross density of 7.35 dwelling units per acre. The parkland required on amulti-family project is 25 percent of the gross land area - in this ' ~ case, 25 percent would equal 1.8 acres. This developer proposes to dedicate 0.8 acres, but to develop this portion as two public tennis courts. He will connect those courts to the City by means of a bikepath connection from the Brighton Park subdivision to Rings Road. She noted that there is a stormwater detention problem in the area caused by a miscalculation of the area stormwater during the Britton Woods apartment project construction. The Swanson property, if rezoned, will have additional detention on the site to compensate for the lack elsewhere. ~i The site fronts on Rings Road and backs up to the road referred to as the Wilcox Road Relocated roadway - a road which will be designed to carry the major traffic movement from Britton Parkwa to Tuttle Crossin without ~ ~ Y g going through the single-family neighborhood. The site is currently listed on the adopted southwest area plan as "office". ii Staff believes that if this area is rezoned, there is then an obligation to amend the adopted j~ plan as well; staff further believes that multi-family and office uses would have similar ~j impacts. Staff is recommending approval of the application, subject to the nine conditions i' as contained in the staff report: I' 1. That the proposed private road be 24 feet wide and that the individual driveways be 24 feet long between the garage and the curb; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK RM November 2, 1992 Held 19 2. That the developer dedicate 30 feet of right-of--way from centerline along Rings Road and Relocated Wilcox Road; 3. That drainage detention comply with MORPC guidelines and be approved by the City Engineer; } 4. That the developer construct a left turn stacking lane along Rings Road if determined to be necessary by the City Engineer; 5. That a park development access and maintenance plan, as well as bikeway extension into the subdivision be approved by the Parks and Recreation Committee and Parks Director; 6. That the units be subject to the standazd residential height of 35 feet, with natural building materials and appropriate azchitectural treatment. She noted that none of these types of issues have been addressed at this point; 7. That a street tree program and sidewalks be installed along Rings Road and future Wilcox Road Relocated; 8. That interior lighting be provided which meets the Dublin Lighting Guidelines; 9. That the site plan reflects sensitivity towazd the single-family neighbors. The Planning Commission's general consensus was that this application would not be an appropriate land use change at the present time. They recommended disapproval by a vote of 5 to 1, citing as reasons that the development fails to advance the general welfare of the municipality of the immediate vicinity and that the benefits to be derived do not justify deviation from the currently adopted plan (the Southwest Area Plan). She noted that the Southwest Area Plan is under review and the revisions should be ready for presentation to Council and adoption by Mazch 1. She reminded Council that it requires atwo-thirds vote of Council to override Planning Commission's recommendation. a, Mr. Kranstuber commented that the Pazks and Recreation Committee discussed the tennis courts option and that the Committee's minutes should have been included in the background information for Council. Ms. Jordan stated that the Parks & Recreation Committee voted 4 to 2 to accept the plan with various conditions, including that the pazk and tennis courts be clearly defined by location, access, park signs, etc. Charlie Ruma. President of Davidson-Phill~s, stated that he currently has an option to purchase this 7 acres known as the Swanson property. He commented that the Swansons have lived at the site for 35 to 40 yeazs and they now wish to sell their property in order to relocate to a smaller, one-story home. Mr. Ruma and the Swansons believe their proposal is both logical and makes sense. He added that the master plan for the area is meant to be a guideline for development. He handed out to Council a sheet showing the master plan for the area, with the site under discussion delineated and designated as office use. He noted that Wilcox Road Relocated was intended to swing from the west to the east and then be tied into Rings Road; this plan has now changed. The road now will go straight west and tie into Britton Pazkway. Thus the master plan has changed already in terms of design. He passed out a second sheet which delineated the various uses azound the site. The developer of Britton Pazkway owns both sides of the road and the commercial designation makes sense for him. The Swanson property, however, is isolated and is not part of the Edwards property which will adjoin Britton Pazkway; it is not part of the Edwazds plan to be joined as a commercial site. The Swanson property would thus stand on its own separate from the Edwazds property. On the last page of his distribution, he pointed out another change in the plan wherein Rings Road will remain atwo-lane road; a new major road to the northwest section of the Southwest azea will be located north of existing Rings Road, tying into the bridge. This effectively will result in Rings Road being abandoned or changed somewhere between Britton Parkway and the existing bridge. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LE AL B K November 2, 1992 Held 19 For all of these reasons, the Swanson site is no longer viable as commercial property, and residential development makes much more sense. Mr. Ruma stated that he is the developer and owner of Britton Park subdivision and is the one most directly affected by the rezoning of the Swanson property. He does not want commercial property abutting the single-family development. He instead wants to build low density, residential condominiums. He has built these units in the Frantz Road area and they have been very successful. He wants Council to consider the fact that the uses to the north are multi-family, the uses to the south are existing three-story, 12 units an acre multi-family. The use to the west is single-family owned by himself, with the exception of property owned by Steve Martin who is in support of the rezoning to residential. Staff has stated that multi-family and office uses generally have similar land use characteristics and can be used to fulfill the same kind of land use transition. He noted that the development as proposed will generate around 5.5 million dollars of real estate improvement to the property. The majority of the residents will be single or marred professional, or retired. Very few, if any, children will reside in the proposed development. He concurs with all conditions of the Planning Commission, except for building a sidewalk along Wilcox Road Relocated since it does not exist. He concurs with the idea of building the tennis court facilities for public access. They will be located along Rings Road, will have separate parking, and will be available for use by all residents of the southwest area. The tennis courts will be connected to Brighton Park via a bikepath. He summarized by saying that the proposal makes good, common sense. He asked Council to have the courage to overturn the decision by Planning Commission. The Commission felt that it was not the right time to make changes to amend the master plan. There is no need to amend the master plan with a separate motion; by Council's action on the rezoning, the plan will effectively be amended. Mr. Kranstuber asked Mr. Ruma to confirm that the de-emphasis of Rings Road is the factor which makes this parcel unsuitable as office use. Mr. Ruma agreed that this is a valid statement. Mr. Kranstuber then stated that this premise ignores the Coffman Road extension and the opening up of the entire area which the extension will provide. Mr. Ruma responded that the Coffman Road extension has multi-family on the west side and commercial on the east side with the exception of this one specific tract. The property that is on Britton Parkway is controlled by Pete Edwards who has a planned use in mind which does not include the Swanson property. Thus the Swanson property is a separate piece. Mr. Kranstuber then asked if the property would be viable as single-family. Mr. Ruma responded that stormwater problems preclude single-family use due to detention requirements. Mayor Rozanski asked Mr. Ruma to confirm that vehicular access to the property would be available only from the present Rings Road or eventually from Wilcox Road Relocated. Mr. Ruma confirmed that there would be no vehicular access from Britton Parkway. Mr. Campbell provided a synopsis of the bases on which the Planning Commission turned down this development proposal. 1. He agreed that multi-family would make sense as a transition between office development and single-family. However, many Commission members are reluctant to recommend a change of zoning which would effectively take away income- producing property. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK R November 2, 1992 Held 19 2. Another concern is that the Southwest Area Plan is being reworked and existing residents of the area believe there is a disproportionate multi-family land use in the area. Some members of the Commission are in favor of eliminating rezonings in the southwest azea until the plan is reworked. This application does not conform to the existing plan. Mr. Ruma commented that the property is not currently zoned commercial, but is designated on a ~ as suburban office. He does not believe this property would ever be used as commercial property, and that multi-family use is better than commercial in terms of revenue generated for the community. He believes the zoning laws address whether or not a rezoning would result in a detriment to the health, safety and welfaze of the community; they do not require that a rezoning have a sitive impact on health, safety or welfare. Mr. Campbell asked if staff has indicated how this proposal will fit in with the new updated plan. Ms. Clarke stated that staff was awaze of the new Rings Road at the time the staff report for this case was drafted. Given the general information available at the present time, staff feels that the land use change requested is acceptable and supportable. Staff does not believe 7 acres of additional multi-family would have a tremendous impact on the City of Dublin. She added that, as Mr. Ruma previously mentioned, areas to the south of this were down-zoned by the City of Columbus, and thus the map contained in the current Southwest Area Plan indicates an incorrect land use to the south. Mayor Rozanski commented that Council is supportive of the goal of keeping the 1 commercial base high, but road changes can certainly have an impact upon planned uses. He believes Mr. Ruma's azguments for the rezoning do make sense. But he is not pleased with the tennis courts as the only pazkland dedication. Mr. Strip stated that the tennis courts will be an amenity for the residents of the condominium development and aze a selling feature. He does not believe this type of precedent for parkland dedication should be established. He also has concerns with the adequacy of water pressures in the southwest azea until the new water tower is constructed. Mr. Amorose noted that this parcel is 349 feet wide. In order to develop suburban office along Coffman Road as is proposed in the pazcel just east of this one, he asked Mr. Ruma what parcel depth would be necessary to accommodate high quality suburban office development. Mr. Ruma responded that the minimum depth should be 800 to 1,000 feet. This provides for setback, parking, and greenspace. High-rise buildings require less depth. Mr. Amorose asked if it would make sense to combine the subject pazcel with the parcel just east for development into suburban office. Mr. Ruma stated that it would have made good sense, but Mr. Edwards has another planned use for his property and is proceeding with its development. Mrs. King asked about the suburban office zoned parcel to the east and the types of uses which would be permitted. Ms. Clazke responded that there is a proposal to place a nursing home facility on the east parcel. She added that she has not seen a site plan, but believes this would be a feasible proposal. Mr. Ruma stated that he did not want to disclose Mr. Edwazd's proposed nursing facility. He believes it will be difficult to develop suburban office behind a nursing facility off of Rings Road. This is why the multi-family proposal makes good sense. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYT N L AL BL November 2, 1992 Held 19 Bill Yoder. Southwest Area Residents Association, stated that he would like to respond to several issues which have been brought up tonight. 1. He commented that the Swansons have been residents of Dublin only since the annexation initiated by Southwest Area residents two years ago. 2. Regarding commercial access, he believes it will be available once the Wilcox Road extension is completed. 3. There would other commercial uses for the site which would be sensitive to the neighboring residential area, i. e. , a learning center or daycare center. 4. Steve Martin, property owner abutting the Swanson property, is opposed to this development. He desires single-family residential development and not multi-family, and is very much opposed to the tennis court installation. There is no plan to buffer the courts. Mr. Yoder then read into the record athree-page report presented to Planning Commission regarding the views of the Southwest Area Residents Association. (Copy attached) He distributed copies to Council. Mr. Kranstuber asked Mr. Yoder to verify that the residents' preference for zoning in this area would be single-family, which is not what the current Southwest Area Plan calls for. Mr. Yoder confirmed this, and asked that zoning for this parcel be deferred until the master plan is reworked. He believes that the parcel can work as single-family, even in view of the detention requirements on the site. Mrs. King reminded the staff and developer that Council passed two ordinances on June 1 - of this year related to parkland dedication. They reiterate Council's desire that when a developer chooses to donate only a portion of the required parkland, the remainder of the funds are deposited into a fund used exclusively for parkland acquisition and not for development. Mr. Ruma commented that if this parcel were developed as office use, there would be no parkland donation. The development as proposed, including the tennis courts, exceeds the 25 percent considerably. If Council prefers, he will instead dedicate 25 percent of the land. Under the proposed plan, the majority of trees will remain. He added that a public street would make no sense in a condominium development - a private street is a much better option for the City. He again emphasized that single-family development is not an option for this parcel due to stormwater detention issues and the fact that lots would have to face Rings Road. There will be a third reading at the November 16 Council meeting. Ordinance No. 111-92 - An Ordinance Providing for a Change of Zoning of 61.659 Acres of Land, Located on the North Side of Brand Road, Opposite Coventry Woods Drive to be Rezoned from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Public Hearing) Mayor Rozanski asked proponents and opponents to come forward and register. Proponents were Harrison Smith, Linda Menerey, Jim Burkart, and Dan Terlecki. Opponents were Wallace Maurer, and Dr. Bruce Graham. Ms. Clarke showed slides of the area proposed for rezoning and provided background information. The existing zoning is R-1; the applicant requests rezoning to the Planned Low Density Residential District. The proposed use is 130 single-family homes, and the overall density will be 2.1 dwelling units per acre. The park requirement is 8.4 acres, and the applicant is showing 9.8 acres. Part of this acreage, 6.1, will be used to expand the Brandon "sinkhole" park, while 3.7 acres will be used at the entry and will have a water feature and landscape amenities. The applicant is extending Dublin Woods Drive in conformance with the Community Plan. This application represents the combination of three independent parcels. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK R November 2, 1992 Held 19 Minimum lot size is 80 by 130. Adjacent residents have expressed concerns about limiting the amount of fencing. Staff had concern about extending a stub street or access toward the west in order that new development can be tied into the same roadway system. The applicant is trying to preserve the treelines that are in place. Staff recommends approval with three conditions: 1. That the developer submit development standards, including side yard, rear yard and setbacks. These will have to be verified for compliance on each lot to reduce the need for future variances. Staff will review them when the preliminary plat is submitted. 2. That parkland dedication and access issues be resolved to the satisfaction of the Parks and Recreation Director. 3. That no-build zones be established along park areas. Planning Commission recommended approval with two additional conditions: 4. That the preliminary plat show access to the undeveloped property to the west. 5. That fencing in the subdivision be eliminated except around swimming pools, and any hedging or natural fencing be approved by the Parks Director. She noted that a no-build zone has been applied to the area along the park, and the applicant has submitted a fence detail showing it to be of a three-rail, split-rail type. Staff recommends approval. The density is well in line with the surrounding area. Staff believes there will be no negative implication from approval of the rezoning. Following an approved rezoning, the application will be reviewed again in the preliminary plat and final plat stages. Mr. Hamson Smith stated that there are three properties involved in this rezoning and two owners. Many road and parkland issues had to be resolved and the end product seems to work well. He introduced Linda McEnery of Bohm NBBJ, land planner, and Jim Burkart, landscape architecture planner. Ms. Menerev described the plan which is bisected by Coventry Woods Drive North (in Brandon) and Coventry Woods Drive south of Brand Road. There are essentially two subdivisions in the plan. The land. layout conforms to traditional land planning, with a central entry located on either side of the Coventry Woods extension. Other features of the plan include: a 6.1 acre park located in the western half, adjacent to the existing park to the north; a 25-foot no-build zone on lots which abut this property; an 80-foot access along Coventry Woods Drive for the park area; 100 feet of setback along the roadway, similar to Coventry Woods setbacks; two ponds along the road which are a visual amenity; sidewalks on both sides of Coventry Woods Drive; and a sidewalk along the Brand Road frontage which will someday connect to a bikepath along Dublin-Bellepoint Road. Mr. Burkart described the entry features which he has designed. They will comprise an attractive entrance for both vehicular and pedestrian traffic. The pedestrian entrance will include an overlook area to the detention pond. Mr. Dan Terlecki. representing Capital Commonwealth, owner of the Burt property which y comprises the western portion of this development, stressed that these are three separate pieces of property which have been combined to create awell-planned use. Mr. Smith added that they have attempted to provide a visual sense of unity, a sense of rhythm for the combined properties. The residential association will be required to maintain the entrance features, including the ponds, via deed restrictions. He believes the proposed development is consistent with what area residents desire. Mayor Rozanski expressed concern that the parkland dedication is not accessible to drive-by traffic. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LE AL BLA K November 2, 1992 Held 19 Mr. Campbell would like to add a condition for approval that the ponds and entry features be maintained by the resident association under a deed restriction. Mr. Smith stated that he had no problem with this, and it would be done in the platting stage. He added that the developer needs to work out the extension to the west with staff. Bob Cavanagh. 7591 Dublin Road, stated that his concern is stormwater flow which comes from developed properties. He pointed out existing sinkholes in the area and stated that he wants this issue addressed. He has been through this process before during the Brandon subdivision development. He has horses on his property and is concerned about topography changes which could impact his property. Ms. Clarke responded that the developer must comply with MORPC stormwater guidelines. She has had an extended discussion with Mr. Cavanagh about his concerns regarding the Brandon stormwater, part of which did drain through his property. These types of questions are typically addressed at the preliminary plat stage. Mr. Smith stated that Dave Hussey, Engineer, will be made aware of Mr. Cavanagh's concern. Mr. Smith will ask Mr. Hussey to contact Mr. Cavanagh. Wallace Maurer, 7451 Dublin Road, stated that he and his wife own 4+ acres, 450 feet of which borders the eastern edge of the proposed development. He is not opposed to the rezoning at this time, but he has two concerns: 1) drainage; and 2) a legal issue related to the fence along the property line, where the boundary stakes are located both inside and outside of the fence. He noted that a large bush shrubline has grown up along the fence, providing a natural barrier. He does not want this natural growth destroyed during the construction of the development. Mr. Smith responded that a survey will be required to determine exactly where the property line is located. He will try to do his best to work this out so that the natural barrier can be preserved. He added that the fence may be related to some drainage problems. Mayor Rozanski asked Mr. Smith and Mr. Maurer to work together to resolve this issue and they agreed to do so. Dr. Bruce Graham 4915 Brand Road lives on the south side of Brand Road on property which abuts Coventry Woods subdivision. He noted that there is a low point on his property under a bridge in a culvert which holds water from both his property and acreage to the south. He is requesting that the pond on the proposed development be contoured appropriately so that the culvert can be removed which is adjacent to the road. Mr. Harrison responded that he doubts the culvert can be closed, but he will have the engineer study this and report back to Council and to Dr. Graham. Mayor Rozanski asked Mr. Kindra to look at this situation and report back to Council about how it can be remedied. There will be a third reading of the Ordinance at the November 16 Council meeting. Ordinance No. 24-92 (Amended) - An Ordinance Providing for a Change of Zoning of a 46.439 Acre Tract Located on the East Side of Avery Road, Approximately 1,000 Feet to the North of Tara Hill Drive, to be Rezoned from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Third Reading) Ms. Clarke stated that there is no additional information from staff to be presented at this time. Tim Kelley Ohio Holding Company, commented in regard to concerns raised by Indian Run subdivision residents at the last Council meeting. He met with them on Saturday to RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting OAVTON LEGAL BLANK R N . November 2, 1992 Held 19 address the question of tree preservation and an increased rear setback line along the reaz property line where there aze existing trees on the west side of Muirfield Drive. The applicant has pushed the road to the north to achieve a 65-foot no-build zone at the rear property line, as has been requested by Indian Run residents. Mr. Kelley distributed to Council a sketch which demonstrates the road adjustment and explained the minor variance in minimum lot size requirements resulting from the movement of the road. The minimum lot size will now be 9100 squaze feet instead of the originally planned 9300 square feet, due to the greater no-build zone. This will have to be approved by Council. The developer has also committed to the Indian Run residents that when the street is put through that, weather permitting, they would transplant trees where possible to bring them out of the road alignment and move them to the south to enhance the fence row. Another change on the plat is that on the east side of the property, there is a no-build zone which is 45 feet all along the south property line. The developer proposes to make this no- build zone follow the right-of--way line so that it is 90 feet off the southerly right-of--way line, increasing the no-build zone, especially on Lots 98 and 97 where the corner is turned. This will be shown on the final plat. Finally, language will be added for deed restrictions requiring the property owner to receive permission from the City prior to disturbing the no-build zone area. This will ensure that the no-build zone area is preserved as wooded area. This will be a condition for the final plat, if agreeable to the Law Director. This can also be done as a deed restriction, mutually ~ enforceable among the property owners in the subdivision. Mr. Kelley addressed several concerns raised by Council members at the public hearing: 1. The no-build zones issue has already been addressed. 2. The bikepath will be installed at the beginning of construction. 3. The cul-de-sac width will meet the City's standazds. 4. Sidewalks (or bikepaths in lieu of sidewalks) will be installed on Avery Road and Muirfield Drive. 5. Landscaping will match what has previously been installed north and south on Muirfield Drive. 5. They agree to follow the recommendations of the City Engineer in regazd to a median cut and left turn lane on Muirfield Drive. This will done at the developer's cost. Mr. Campbell was pleased that the developer has met with the property owners to the south to resolve the issues about this rezoning. Mr. Kindra clarified that the cul-de-sac diameter is not shown on the drawing. The City's current standazd is 80 feet in diameter; the fire chief would like this to be changed to 90 feet paved diameter outside of curb. ~ Mayor Rozanski stated that the developer is required only to meet the existing standazd of 80 feet in diameter. It is the City's job to change the standazds for cul-de-sacs. Tom Merritt, 5300 Pueblo Court, thanked Council Members King and Campbell for meeting with the Indian Run residents on Saturday in regazd to the tree preservation issue. Mr. Kelly has also met with the residents. The plan proposed this evening, including moving the roadway and adding deed restrictions precluding removal of trees, is supported by the Indian Run residents. Residents are pleased that Mr. Kelley has agreed to relocate, if possible, any trees in the planned roadway to portions of the southern end of the development. Residents aze in favor of a variance in the minimum lot size. One remaining issue is that the Dublin staff will be responsible for implementing and enforcing the tree preservation plan. Residents will work with staff to ensure that the developer and contractors aze held to this. They will also work with the Pazks staff to arrange for some of the excavated dirt from the subdivision to enhance a hill in the Scottish Corners Pazk, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LE AL BLANK November 2, 1992 Held 19 if feasible. Residents urge acceptance of the preliminary plat, as amended with the previously discussed conditions. They also request that they be allowed to review the final plat when it is prepared. He thanked Mr. Kelley for working with the residents to address their concerns. Mr. Kelley added that he would like to request that the preliminary plat for Dublinshire 5 be moved up on the agenda since the concerned residents aze present for any issues which may azise with that approval. Ms. Clazke asked Mr. Kelley for clarification on his comment about turning the corner on lots 96 through 98. Mr. Kelley stated that instead of measuring the no-build zone off of the southern or reaz property line of those lots, it will be measured off of the front right-of--way of 90 feet so that the line will pazallel the road 90 feet from the right-of--way line of the road. It will curve azound with the road, creating more of a no-build zone and thus more of a tree preservation azea. Ms. Clarke asked where the trees are to be relocated. Mr. Kelley responded that they would simply be moved over to the west along the south property line where there is basically just a fence row or a tree line. Ms. Clazke asked if the trees will come out of the right-of--way. Mr. Kelley responded that is correct. , Vote on the Ordinance with all conditions as previously stated - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes. Mr. Campbell moved that the preliminary plat now be moved up on the agenda so that a vote can be taken while the interested parties aze present. Mr. Amorose seconded the motion. Vote on the Motion - Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mrs. King, yes. Preliminary Plat -Dublinshire 5 Mr. Kelley stated that the issue of no-build zones and the street layout, as previously discussed, is a preliminary plat issue and has now been addressed in the rezoning process. He had nothing further to add. Ms. Clazke stated that the 10 preliminary plat conditions were contained in the staff report. Most of them relate to the conditions discussed in the rezoning application. Staff would like to add an 11th condition to the preliminary plat: 11. That the applicant prepare a revised preliminary plat incorporating all of the requirements for review by staff prior to proceeding with the development. Mr. Merritt again stated that the residents would like to view the final plat prior to adoption by Council. Mr. Campbell proposed that the preliminary plat, if approved by Council tonight, be approved subject to the conditions already discussed and subject to conformance with all of the commitments made tonight by the developer. Mr. Campbell moved to approve the preliminazy plat, subject to the 11 conditions Ms. Clarke noted, and the additional condition that the preliminary plat as presented will RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK F RM November 2, 1992 Held 19 conform in all respects to that which was presented tonight and also in agreement with the residents. Mr. Sutphen seconded the motion. Vote on the motion to approve -Mrs. King, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Ordinance No. 102-92 - An Ordinance Providing for a Change of Zoning of Lot 246 of Hemingway Village Section 3, Located on the South Side of Tara Hill Drive, 50 Feet West of Literary Lane, to be Rezoned from: R-2, Limited Suburban Residential District to: R-3, Suburban Residential District. (Third Reading) Ms. Clazke stated there is no additional information since the last reading. The applicant is present this evening if Council has questions. Mr. Amorose again expressed his concern about this lot split in view of the lazger properties across the street and those property owners who purchased their homes with the expectation that lazger lots would remain in the azea. The lot split will affect the density of the community. Cazlotta Rogers 5930 Post Road, applicant, stated that when she purchased the lot, she was given a consent by Don Kelley to subdivide the lot. The lot is oversized, and the lots to the east and west aze 80 feet in width. The subject property was originally intended as a buffer lot as a corner lot of Hemingway 3. It is no longer a buffer lot and lots to the east and west aze also 80 feet wide. She acknowledged that lots to the north, which face another - direction, aze larger. n. Mr. Amorose noted that there aze approximately 151ots to the north which are of equal size to Ms. Rogers' lot. They could also request lot splits which would affect the density of the entire neighborhood. Mayor Rozanski stated that the larger lots to the north generally have narrow frontages and thus could not be easily split. Mr. Strip commented that the northern lots aze already built upon, so they will not be asking for lot splits. Ms. Rogers noted that there has been no opposition to this lot split from the neighbors. She added that the lot was originally planned to provide access to the Post Road property. Staff does not want this property to be used as access to the Post Road property, but prefers that the lot be split and single-family homes developed, consistent with the rest of Hemingway. Mr. Campbell commented that he is in favor of the lot split in view of the width of adjacent lots on Taza Hill. The lot widths will be consistent with widths of other lots on Taza Hill. Vote on the Ordinance -Mrs. King, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, f no; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 115-92 - An Ordinance Granting a Franchise to Time Warner Entertainment Co., L.P. to Construct, Operate, Own and Maintain a Cable Television System in the City of Dublin and Repealing Chapter 705 of the Dublin Codified Ordinances. (Third Reading) Mr. Hansley commented that staff is recommending approval of the ordinance this evening. He added that Mr. McDaniel is present if there are additional questions. Vote on the Ordinance - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BL NK November 2, 1992 Held 19 Resolution No. 45-92 - A Resolution Amending Resolutions 26-89 and 19-90 Establishing a Community Reinvestment Area Within the City of Dublin and Declaring an Emergency. (Second Reading) Mr. Smith provided background information on this legislation, stating that staff had originally drawn the abatement district too large. Two abatements have been granted and there are 11 applicants who have applied for abatement. Bruce Heine, attorney, is representing the 11 applicants and is present this evening to address Council. The residents who currently have abatements are also present tonight to speak to Council. Bruce Heine, attorn~, stated that the residents' position is that the abatement was a right which became vested when applications were submitted. It is the City's duty to certify applications over to the county auditor, per statute. He will meet with Mr. Smith to reach a middle ground, allowing these applicants to have the abatement to which he believes they are entitled. Eric Stone. 4263 Hertford Lane, stated that he was granted tax abatement by housing officer Pat Bowman. He forwarded letters from his file to Council last week which detail correspondence regarding his abatement. He emphasized that he made the decision to build his house in Llewellyn Farms based on the availability of the abatement. He was assured by Dublin staff that the abatement would remain intact. He has made financial decisions based upon having this abatement. Mr. Campbell asked Mr. Stone to verify that he had applied for and received the abatement years ago, while the other 11 applicants only recently applied when they heard that it was - available. Mr. Stone responded that this is correct. Mr. Campbell stated that Mr. Stone, then, is in a different position than the other applicants. Mr. Stone responded that he is simply commenting about his own particular situation. Another homeowner who received an abatement, Bruce Baer, is present to speak this evening as well. Mr. Stone added that he bought the parcel and built upon it based upon Mr. Bowman's assurances that the abatement would remain intact. He would have built elsewhere but for the existence of the abatement. Bruce Baer 4792 Belfield Drive, stated that he lives at Lot 144 of Llewellyn and has had an approved abatement for the past year and a half. He has made significant lifestyle changes, including opening a new business in May of this year, due to the abatement which was granted to him by the City and Franklin County. In response to Mayor Rozanski's question, Mr. Baer stated that he was aware of the abatement during construction, but applied for the abatement after closing on the home. Mr. Sutphen stated that he has views on this issue, but will comment only after the attorneys have met and reported back to Council. Mr. Smith stated that he will forward a memo to Council prior to the third reading. There will be a third reading of the Ordinance at the November 16 Council meeting. Ordinance No. 119-92 - An Ordinance Adopting aFive-Year Capital Improvements Program for 1992 to 1996. (First Reading) Mr. Strip introduced the Ordinance. Mr. Hansley stated that staff will be giving presentations on this during the budget process over the next few weeks. The five-year capital plan and 1993 operating budget will reflect the goals and policy programs set by Council over the past few years. Staff will give an RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 14 Meeting DAYTON LEGAL 6LANK R November 2, 1992 Held_ 19 overview presentation on the capital program and 1993 budget at the Monday, November 9 Finance Committee of the Whole meeting. ~ Mayor Rozanski commented that the readings of the capital program and 1993 budget will be held concurrently with the budget hearings. ~ Mr. Hansley stated that the five-year capital program will be presented first so that decisions can be made regarding the operating budget. Staff also has a goal of adoption of the capital program and operating budget by the end of this year. There will be a second reading of the Ordinance at the November 16 Council meeting. Ordinance No. 120-92 - An Ordinance to Adopt the Proposed Operating Budget and Cash Capital Budget for the 1993 Fiscal Year. (First Reading) Mr. Amorose introduced the Ordinance. Mr. Hansley commented that staff will give an overview and detailed presentation of the proposed budget during the Finance Committee meetings over the next few weeks. Mayor Rozanski commented that there will probably be a motion to table the Ordinance prior to the third reading. Mr. Hansley responded that staff will recommend that it be referred to the Finance Committee for report back to Council. Mr. Strip stated that he will make some suggestions to streamline the process. There will be a second reading of the Ordinance at the November 16 Council meeting. Other Final Plat - Donegal Cliffs Section 7 Ms. Clarke stated that she has no new information about the resolution of issues raised at the last Council meeting. The clerk reported that the developer had requested placement on tonight's agenda as he had completed unfinished items. Mr. Johnson reported that the signage issue was resolved at 3 p.m. today. Mrs. King commented that the issues raised by the Donegal Cliffs Civic Association have been resolved to their satisfaction. She asked if staff is completely satisfied with the issues of signage, street tree replacement, and adherence to Code for disposal of construction trash. Mr. Strip stated that Council had previously tabled this plat approval, and since Council a. tabled it, it should not be included on tonight's agenda. Since a call came to staff at 3 p.m. today regarding outstanding issues, he recommends holding the plat approval until staff can verify that the work has been finished. Discussion followed about the placement of this item on tonight's agenda. John Bain. President of Homewood Co ration, stated that the sign matter was resolved about a week ago, as were the other issues. He stated that the developer had not received any information from the homeowners' association prior to the last meeting of Council. He spoke to Mr. Kovaks of the homeowners' association the following day, and was told that the remaining issue was the signage. The signs were installed over a week ago. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 15 Meeting DAYTON LEGAL BLANK November 2, 1992 Held 19 Mr. Johnson stated that the signage issue was resolved at 3 p.m. today. The work will be completed by tomorrow morning and will be verified by staff. Mr. Strip stated that he will move to take this plat approval off the table when staff reports that they have verified that all issues are resolved. He added that this work has taken an inordinate amount of time to be completed, and the homeowners came to Council for resolution of the problems. Mr. Bain responded that the developer received a letter on September 1 telling them to proceed with signage installation. The special signage for Donegal Cliffs required approval from the City of Dublin. This has been a lengthy process which resulted in a lot of misunderstanding. Mayor Rozanski stated that when staff verifies the work has been completed, Council will take action to remove this from the table and vote. Mr. Bain added that there is no street tree or tree replacement issue outstanding, and the repair of lighting at the southern entrance was already resolved. Ms. Clarke stated that there was an issue about construction debris on the southern half of Donegal Cliffs. Mr. Bain responded that Mr. Kovaks has acknowledged that there has been a marked improvement in removal of construction debris over the past two to three months. The developer has continued to monitor this situation. Mayor Rozanski asked Mr. Johnson to verify the signage installation prior to the next Council meeting so that Council can bring this matter off the table at that time. Concept Plan -Rings Road North Ms. Clarke stated that there was an updated staff report faxed to Council for this concept plan. The updated information was not contained in the Council packet. The concept plan involves 55 acres located on the north side of Rings Road just to the west of where the Britton Parkway or Coffman Road extension is to be constructed. The applicant has revised his plan from 550 units to 430 multi-family units. The plan also includes 3.3 acres of commercial. The overall density will be 8.3 units per acre, and the applicant will set aside appropriate right-of--way for a new east west road required, as well as half of the right-of--way for the Coffman extension. The developer additionally agrees to construct one-half of that roadway. This plan meets the parkland requirement, setting aside 12.3 acres. The actual number may fluctuate with changes in the east/west road alignment, and depending upon outparcel configuration. The adopted Southwest Area Plan shows this site as multi-family, but does not address density or appropriate zoning classification. It does not include the three commercial outparcels which are shown. Staff believes they have better traffic data than at the time the Southwest Area Plan was adopted. The proposed average daily traffic along the Coffman Road extension is to be 50,000 cars per day, while the traffic along the new east/west road is estimated at 20,000 per day. Traffic consultants for the city are working on traffic management for the southwest area. Their preliminary findings are that in the immediate area between 33 and Tuttle Road there is a need for 10 lanes of east west traffic movement as well as 10 lanes for north/south. This can be done with a number of combinations. A critical issue for east/west flow is a road which can easily be extended to the west of Avery. Wcerner- Temple Road is seen as a better alternative than Rings Road at this point. On the east end, there is an existing bridge over 270 which is seen as the eastward link. Staff is looking for RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 16 Meeting DAYTON LEGAL BLANK R N . November 2, 1992 Held 19 anew road to be constructed between the Rings Road bridge over 270 and existing Woerner-Temple Road to the west of Avery Road. This is the east/west road which is referred to in the staff report. ~ She noted that this plan is a concept plan - anon-binding indication from Planning Commission and Council as to whether the applicant is on the right track regarding land use. An affirmative vote is the authorization for the applicant to proceed with the second stage of review which is preparing the preliminary development plan or rezoning document. Staff believes the lowering of the overall density is a major improvement to the plan. The parkland dedication has been addressed, and this parkland will add on to an expected park to be developed immediately to the west of this site in conjunction with asingle-family proposal. Staff believes that the updated traffic information indicates that residential use at the corner of the roads is not the preferred use, even though commercial use was not previously specified in the adopted Southwest Area Plan at this location. Planning Commission recommended approval, and staff is doing likewise. At this point (10:45 p.m.), Mr. Kranstuber left the meeting (excused). Tim Kelton. 2041 Arlingate Lane Columbus, stated that the property is long and narrow, bordered to the north by light industrial, to the west by Heather Glen, and to the south by Rings Road. The future roadway alignment is a critical issue for this development and they are working closely with staff to maintain flexibility in their plan. They have retained a land planner for the project who will be presenting tonight. Mark Kline Kinzelman/Kline 444 S. Front Street Columbus, stated that the parkland dedication meets the 25 percent requirement. There will be commercial development around the corner of Britton Parkway and the proposed new Rings Road alignment. The first piece, Parcel A, is multi-family development. The back half will be two-story condominiums. Overall gross density is below 8 per acre. He offered to answer any questions. Mayor Rozanski stated that this is a situation where the existing master plan shows the entire area as multi-family, yet the developer is proposing 3.3 acres as commercial property. Overall, a balance exists even though it may deviate from the existing plan. Mr. Kline stated that the new east/west road location changes the optimal uses for some of the property. Mrs. King expressed concern that the public input and discussion regarding the update of the Southwest Area Plan has not yet taken place. She is reluctant to give a developer direction regarding a project prior to adoption of a new framework for the area. Mayor Rozanski stated that input from the residents of Woerner-Temple Road about the roadway connections would be crucial prior to endorsing a concept plan like this. Mr. Campbell commented that if the roadway is not located there, the commercial uses may be less advisable and possibly even deleted. Mr. Kline stated that he understands the need for flexibility for this reason. Mr. Strip noted that there is an ongoing concern with adequate fireflows in the southwest area prior to construction of the new water tower. It would not affect a concept plan at this time, but could impact on the project at some future point. Responding to Mr. Amorose, Mr. Kline commented that some stormwater retention will be accommodated within the development and another detention site has been identified in the park itself. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 17 Meeting UAITON LE AL BLA K November 2, 1992 Held. 19 Mrs. King stated that there are two other issues: 1. Condominium associations with private streets often seek to have those accepted as public streets. This should be a consideration at the outset of the proposed development. 2. The project appears to work, but it must be viewed in the context of how it fits into the entire updated Southwest Area Plan. The area is currently in a state of flux. . Mr. Strip stated that private streets may be a better option for the City in that there is less maintenance and service required. But the developer needs to understand that it may not be possible to have this later accepted as a public street. Mayor Rozanski noted that if the City is required to pick up trash on this private street, the City may ask to be held harmless for any damage done during the process. Mr. Kline summarized that this development serves as an excellent transition piece between single-family and the office use near the interstate area. Bill Yoder Southwest Area Residents Association, stated that they have several concerns: 1. Traffic considerations involving methods to bring traffic through the area without effectively cutting the neighborhood in half. Mounding, buffering, and speed control can be implemented to reduce the impacts of new roadways. 2. They hope that water retention efforts in the area will result in a larger wet pond area to serve as a centerpiece to the area park. 3. The density of the proposed development is not realistic at 7.86 as it includes the commercial area and roadway area. The density is actually higher -closer to 9. Southwest area residents want this density reduced to 7. 4. The arrangement of the units needs to be reconsidered, as high density apartments abut the single-family area directly west of the parcel and logical step-down zoning is lost. A second approach would be to place the units with sequential zonings from east to west; however, this arrangement would present a negative image to the community. The best approach would be to place the condo units to the south next to the future single-family area where they could provide a natural zoning progression. 5. Residents of the southwest area are concerned about the height of the proposed three- story units and their visual impact on the area. 6. They are concerned with the impact on the western edge of the site where the multi- family units abut the future single-family area. They suggest buffering, including mounding and dense planting to soften the transition. 7. Retail uses included on this proposal are not consistent with the area's master plan or other revised master plan. 8. The roadway system is not part of any formal master plan. Residents want the areas of non-compliance to be identified by staff before the submission proceeds further. Planning & Zoning should then hold a public hearing and make recommendation to City Council for change. The proposed plan could also be delayed until after the updated Southwest Area Plan is accepted. Mr. Sutphen stated that he is opposed to any three-story development as is proposed with this plan. Mrs. King moved to not accept the Concept Plan. There was no second. Mr. Campbell moved to accept the Concept Plan. Mayor Rozanski seconded the motion. Mr. Strip stated he would like more discussion from Council members prior to voting. Mr. Campbell clarified that Council's vote on the concept plan is non-binding. It is basically an endorsement of the land use concept. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 18 Meeting DAYTON LEGAL BLANK F RM November 2, 1992 Held 19 Mr. Smith confirmed this. Mr. Strip stated that he will vote for the concept plan because of the criteria upon which a vote is based, as defined by Mr. Smith and Mr. Campbell. However, he is not pleased with the density nor with the three-story buildings. Mr. Campbell stated that he had moved to approve the concept plan at Planning & Zoning on the basis that multi-family development is consistent with the previous Southwest Area Plan. He is aware that staff is working on the Plan update, yet applications from developers are ongoing and many will be for appropriate uses under both the old and new Plan. He believes that the developer will understand, even if the concept plan is approved tonight, that the proposed development is too dense; that he may have to relocate the road if necessary; and that the three-story buildings are undesirable. The alternative for the developer is to wait until the Southwest Area Plan is updated and approved. Vote on the Motion to approve - Mr, Sutphen, no; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes. (Motion carried) Resolution of Concern/Regional Mall/Columbus Mr. Smith stated that Council packets contained the draft resolution he had read at the last meeting of Council. He believes it effectively accomplishes the goals of the Llewellyn residents, Dublin City Council and staff to express concern for some problems which may be generated by a regional mall. Another proposed resolution was contained in the packet, submitted by John Chester, attorney representing the Llewellyn Farms residents. Mr. Smith commented that he is not recommending adoption of Mr. Chester's proposed resolution because it infers that Dublin will work with Columbus within the concept of existing zoning. This infers that the zoning will always remain. He and Mr. Banchefsky have discussed this issue with Mr, Chester today. Mr. Smith stated that he believes that, while the resolution proposed by Mr. Chester is not illegal, it does not meet the criteria on which he would recommend passage. If Council desires to pass a resolution of concern, he recommends passage of his drafted version along with any amendments proposed by Council members. Mr. Amorose commented that he is concerned with development of a mall at this site as well at any other site on the fringes of the community which would impact the City's infrastructure. He therefore moved to amend the ordinance to include wording to that effect. Mr. Smith responded that the title could thus be amended to say, "at the Tuttle Crossing Interchange or at anv other location which would impact the City of Dublin." The first paragraph would have to be appropriately amended in the same way, as well as Section 1. Mr. Sutphen seconded Mr. Amorose's motion to amend. John Chester, attorney representing Llewellyn Farms, stated that the residents are satisfied with the zoning text for the Tuttle Crossing area which was passed less than three years ago. He believes the resolution, as proposed by the residents, merely reaffirms the zoning text concept previously adopted by the City of Dublin and requested that Council pass their resolution. Mr. Smith stated that he had suggested to Mr. Chester that he get a certified copy of the existing zoning text from the Dublin clerk's office and provide that to Columbus under separate cover. Columbus would then have this for review and discussion, together with the previously drafted resolution of concern suggested by Mr. Smith, if passed by Council this evening. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 19 Meeting DAYTON LE AL B NK November 2, 1992 Held 19 Mr. Chester responded that the residents are requesting that the City of Dublin reaffirm the concept that the north side of Tuttle Road will be developed with tasteful, office-type development. Mayor Rozanski commented that there is no issue or proposal for development before Council at this time in regard to the north side of Tuttle. Mayor Rozanski asked Mr. Chester if he or anyone in his law firm is representing the JMB Mall on Sawmill Road. Mr. Chester responded that this is a matter of client confidentiality, and they do not disclose their clients. Resolution No. 46-92 - A Resolution Expressing Dublin City Council's Desire to Work with the City of Columbus to Mitigate Any Negative Impacts Related to the Development of a Regional Scale Mall at the Tuttle Crossing Interchange or at Any Other Location Impacting the City of Dublin. Vote on the Motion to Amend the Resolution - Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Vote on the Resolution -Mrs. King, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Campbell, yes. Reports from Council Committees Mr. Sutphen, Public Service Committee, reported that the Committee met on Friday; minutes will be prepared and forwarded to Council shortly. Staff is working to resolve flooding problems experienced by the Avery Road homeowners. The Committee still needs input from Mr. Strip prior to making a decision on cemetery signage. Mr. Strip responded that he merely wants signage that is visible to cars driving by which identifies the cemetery as belonging to the Dublin municipality. He has no preference about the design or location of the signage; his interest is in identifying the cemetery as one of the City's four municipal cemeteries. Comments from Staff Mr. Foeg_ler noted that staff is working with the Public Service Committee regarding grandfathering of pre-existing residences on utility rates. Follow-up meetings are scheduled with the Committee, and they hope to have a report to Council for action yet this year. Ms. Grigsb„X noted that Ms. Puskarcik has made additional revisions to hotel/motel tax guidelines based on input received at the recent meeting. She distributed the revised guidelines to Council. She also reported that a meeting has taken place with the accounting professionals in regard . ~ to the proposed changes in the tax ordinance, and the revised ordinance will be presented to Council at the next meeting for a first reading. She asked for clarification from Council regarding which application should be used for hotel/motel tax funds since the deadline for submission is November 15. Mr. Strip responded that the application procedures/forms could be discussed at the Monday, November 9 Finance Committee meeting. Mr. Kindra reported that the application for Issue 2 funding was submitted on October 30 for the Coffman Road bridge replacement. The bikepath on Coffman is nearly complete. Curb and gutter work and slurry seal are completed. Overlay work will be finished within the next week to ten days. Mayor Rozanski pointed out that gutters should be swept following the street work. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 20 Meeting DAYTON LEGAL BLANK F R November 2, 1992 Held 19 Mr. Kindra and Mr. Johnson will see that this is taken care of. Ms. Jordan reported that with the resurfacing, several CIP projects for the parks are now completed for 1992. The last project is out to bid for the restroom rehab at Scioto Park. The ODOT application process for state funding for the bikeway is ongoing. Staff presented the substance abuse program for seasonal staff at a national conference and received an excellent response. The Parks and Recreation Committee meeting has been moved to Wednesday, November 18 due to the Veterans' Day holiday on November 11. Chief Bostic thanked Mr. Kindra for his assistance in working on revising the cul-de-sac width requirements. This may come to Council at a later date. Mayor Rozanski requested that Council meet on Monday, November 9 at 7:00 p. m. , prior to the 7:30 Finance Committee meeting to complete the Clerk's evaluation process. Mr. Hansley clarified that Council would thus meet in special session at 7:00 and immediately adjourn to an executive session to complete the evaluation; this would be followed up by a Finance Committee of the Whole meeting for the budget hearings. Council Roundtable Mr. Sutphen commented that he still recommends Council use $100,000 of bed tax funds to complete the bikepath. Mr. Stria stated that he would like to add a contract matter for discussion during Executive Session. Mr. Sutphen moved to adjourn to Executive Session to discuss personnel and contract matters. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Mayor Rozanski announced that the meeting is adjourned and no action will be taken in Executive Session tonight. The meeting was adjourned at 11:45 p.m. or, Presidia icer Clerk of Council COMMENTS ON SWANSON PROPERTY PROPOSED MDLTI FAMILY IISE Presented 9-9-92 by The Southwest Area Residents Association My name is Bill Yoder and I represent the Southwest Area Residents Association. Our view of the proposed rezoning of the Swanson parcel from single family to multi-family usage is consistent with our past positions on similar rezoning cases. To be specific, the Hunt Club and the Davis Tracts. The Dublin Southwest Area Master Plan currently includes commitments for over one thousand five hundred multi-family units. This compares with only one thousand single family housing units. We feel that this elevated ratio of multi-family will be a increasing burden on city services and our neighborhood. We have not found this out of balance ratio to exist any where else in Dublin. It is reminiscent only of current high density Columbus style development. We fear our neighborhood is dangerously close to becoming a dumping ground for multi family zonings. We are certain that it is in the long term interest of our neighborhood and the city that no increase in southwest area multi family zonings be approved. Further, sae ask that the number of multi family unit designations included on the master plan be reduced at every opportunity. Our neighborhood is part of Dublin too. We believe we deserve the same consideration as the remainder of the city in establishing a secure living environment. Any further increase in the number of multi-family/condo units are not wanted by our neighborhood association or by area residents which they represent. We feel that the proposed zoning would be an imposition beyond that which any community could logically expect a "family" neighborhood to bear. The proposed zoning classification as included on the Southwest area Master Plan is office. The current zoning is large lot single family residential. To change the commitment from either of these designations to multi family will increase the already elevated ratio of multi family. We agree that multi family zonings have a place in sequential zonings, however our area is already over committed to this zoning classification. The projected future population of multi family dwellings in our neighborhood is in excess of 3000 persons. To put this in perspective that is one sixth the current population of Dublin --All in multi family and All in one tiny corner of Dublin. We agree that a need for multi family zonings and affordable housing have not been provided in the past. However, this need is now being met by current projects underway. Many of these projects are located in our area as our neighborhood has already contributed heavily in this regard. This need will continue to be met in future years as previously committed parcels in our area are developed. We feel that if a change of zoning is needed that The property should be zoned single family residential. This zoning classification would be consistent with the applicants zoning on his existing development, Brighton Park, which is immediately adjacent to this property. A point can be made that the Swanson parcel is of smaller size and therefore should be combined with a larger parcel to provide uniform development. The applicant is in a perfect position to achieve this and as you will recall was granted a park land reduction and other concessions when he complained of the limited size of his current development, Brighton Park. It follows that combining these parcels will solve the applicants past problem and present question of an appropriate zoning classification. Limiting the types of development to help our city's neighborhoods obtain a balance of uses is what zoning is all about. That is why we are here tonight. It has been used in our neighborhood on other occasions to limit multi family development. I believe that this was done in recognition of the over commitment of this zoning classification in our area. As a neighborhood we know the importance of maintaining a consistent and fair approach to zoning decisions. We believe it is therefore appropriate to vote "no." We also believe it is appropriate to vote "no" for other reasons. This project as suggested has many short comings as follows. 1. The park land dedication is clearly of insufficient size to provide for the city's minimum requirements which is sorely needed in the dense environment which is becoming apparent in the southwest. 2. The parcel has a good stand of very tall mature trees and tree lines which preform very valuable functions for our neighborhood. They provide screening from freeway noise and high intensity pole lighting. In the future they would also provide screening from harsher commercial zonings to the east. The current plan locates dug out detention areas in many of these wooded areas which of course would mean the wholesale destruction of these natural buffers. 3. Tennis courts are located adjacent to the existing residential properties. This situation would prove to be a ' constant interruption and announce to neighbors. 4. The density is too high. The acreage noted includes the right of way of existing Rings Road and proposed Wilcox Roads. If this acreage is deducted the density is nearly eight units per acre. Other area developments have thrived at lower densities. 5. A proposed private drive runs thru the center of the development connecting relocated Wilcox Road with Rings Road. This connector could become a important outlet for our neighborhood. We suggest that this road may more appropriately be designated a public street. This designation would provide future owners the protection of proper setbacks, sidewalks, street improvements, rights of way, and development standards. 6. No indication of street trees, curbs, sidewalks are indicated at existing rights of way. These improvements are needed and may quite logically be connected with future city and private improvements. 7. The proposed development provides no apparent screening from adjacent single family residents. Future single family residents will likely discover "to late" that dense multi family development is being constructed a mere twenty five feet from their property. 8. Cookie cutter type high density development suggested will create a Columbus development style environment which is likely to have a negative impact on our neighborhood. In sum, we feel this development as proposed has many serious planning and conceptual shortcomings. We feel approval would be inconsistent with past area multi family zoning decisions. This development contributes very little to the overall needs of our neighborhood or to the community as a whole. The zoning request is not in compliance with the Dublin Master Plan. If a change from the proposed zoning is needed it is logical that the existing single family neighborhood be extended. Dense multi family development would be a burden to city services and to our neighborhood. Our neighborhood is already beyond the limit of a reasonable single family to multi family balance. We urge you to vote"no" on this rezoning request. Thank You for the opportunity to contribute our neighborhood views on this important issue.