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HomeMy WebLinkAbout11/15/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM NO l0l4t:i Hekl November 15, 1993 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 15, 1993. Me. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mrs. King, Mayor Rozanski, Mr. Campbell, Me. Amorose, Mr. Sutphen, and Mr. Kranstuber. Me. Strip was absent (excused) and arrived at 9:45 p.m. Mr. Hansley, City Manager and Mr. Smith, Law Director were also present. Approval of Minutes of November 1. 1993 Meetina= Mr. Amorose moved to approve the November 1 minutes. Mr. Sutphen seconded the motion. Mrs. King stated that she has a correction to the minutes on Page 5 where Me. Meyers responded to a question regarding the responsibility for maintaining the mini-greens, stating that the homeowners' association would maintain them. She moved to strike the word "likely" in front of the word "maintain" to add clarity. Mr. Amorose noted that the developer's representatives had stated "the homeowners' association would likely maintain the mini-greens" - and Mr. Amorose does not agree with striking the word "likely. " Discussion followed, and Mr. Amorose asked the clerk to check the tape regarding the exact language Mr. Meyers used. Vote on the motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Me. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Me. Kranstuber, yes. Correspondence The clerk reported that a new C-2 liquor permit application has been forwarded to Council for County Kerry Coffees at 119 S. High Street. The applicant is present tonight to answer any questions. There were no objections from Council members to the issuance of this permit. I!fi:' Comments from Visitors Thalia Johanssen. 4465 Summitview Road, commented positively about the Dublin Police Department's assistance in recovering their family's lost dog early this morning. Sostene Codispoti. President of Llewellyn Farms Civic Association, 5602 Braeside Court, stated that he is present tonight to address the third reading of Ordinance 83-93. Mayor Rozanski asked Mr. Codispoti to postpone his comments until the Ordinance is read later in the meeting. Judge Michael Close, leader of Boy Scout Troop 299, introduced the members of the troop who are working on attaining Eagle scout designation. The scouts are attending tonight's Council meeting tonight to gain an understanding of how local government operates. Lea=islation *",;,.';! Ordinance No. 83-93 - An Ordinance Providing for a Change of Zoning of 5.1 Acres of Land Located on the Northeast Corner of Tuttle Crossing Boulevard and Blazer Parkway from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Third Reading) (Applicant: Multicon Builders, Inc., clo William Ebbing, 500 S. Front Street, Suite 770, Columbus, OH 43215) Ms. Clarke stated that there was an updated text contained in the packet, and there are some corrections to that text on pages 3 and 9. (The clerk distributed corrected copies.) On page 3, the word "temporary" was deleted and the word "product" was deleted. On page 9, the setbacks were switched between Blazer and Tuttle Crossing - one was listed at 50 and should have been 80, and the other was listed at 80 and should have been 50. Ms. Clarke also noted that she has had several calls from Llewellyn Farms residents who are still confused about some aspects of this rezoning. Bill Ebbing. Edwards Land Company stated that they have worked with Planning & Zoning Commission and staff and are very comfortable with the product. Sostene Codispoti. 5602 Braeside Court. President of Llewellyn Farms Civic Association stated that the civic association members do understand the text; however, they did not have an opportunity to attend the first or second readings because they did not receive the revised text until November 10. He noted that changes have been made in the text regarding exterior materials to be used. Signage has been changed from 50 square feet to 90 square feet. The new text also includes window signage. The old text refers to a non-commercial approach for the area, while the new text refers Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK co.. FORM NO. lU14t:i Helrl November 15, 1993 19 to a conservative commercial approach. There have been changes in landscaping - eliminating trees along Tuttle. The association is concerned with the lowering of City standards in this rezoning. He requested that Council table this rezoning tonight to allow more time for input from residents. ~, ." Rich Gomez. 4157 Hertford Lane, stated that Llewellyn 2 and 3 residents were attracted to their development by information contained in the prospectus provided by the Edwards Land Company, which assured homebuyers that the real estate north of the Tuttle and Frantz area would be primarily office oriented. All area residents of Dublin and Columbus were shocked when the Tuttle Mall was announced. Residents are hopeful that Dublin will maintain the standards set for the area, setting an example for Columbus. Residents want to work with the zoning commission and the developer to determine if the existing standards are being raised or lowered with this rezoning. He is concerned with the changes made regarding exterior materials. He is also concerned with the change of this subarea A-I from a northern orientation to a southern orientation which will encourage retail rather than office development. He asked that Council protect the residents by requiring the developer to hold to the original standards. Bill Ebbing responded to some of the issues raised. The uses allowed in this subarea have not changed - restaurants were and still are an acceptable use. Regarding exterior materials, the developer is asking that the standards be expanded to allow other materials as accents. The colors of these materials, earthtones, has not changed. Regarding the elimination of trees, the developer has actually increased landscaping and is attempting to tie the sites together with a common landscaping theme. The original zoning text allowed two monument signs per building. Based on the entrance features, the trees and the landscaping, the developer has now requested one monument sign and one building sign per building to allow greater visibility. The developer prefers that the buildings be oriented to Tuttle Crossing. He noted that there is a user for the site which has gone through the Planning & Zoning process. He added that the Dublin quadrant of the Tuttle Crossing interchange was voted dry by the area residents, and this will impact upon development. Ms. Clarke provided additional clarification to Council regarding the status of the proposed Boston Chicken Restaurant application and sign code as it applies to this development. There is a relaxation of some minor parts of the sign code to adapt them for the specific needs on this site. She added that Boston Chicken will be bound by the text Council approves. Mrs. King asked Ms. Clarke if residents had contacted the city in regard to issues involved in this rezoning prior to the November 10 date cited by Mr. Gomez. Ms. Clarke responded that she first heard that there was a concern in the Llewellyn neighborhood through Council Member Elect Judi Stillwell. Mrs. King expressed concern about setting aside decisions made previously in relation to tax abatements granted in the development area. She asked Me. Hansley or Me. Foegler to respond to what this rezoning would mean in terms of benefits to the city. P' Me. Foegler responded that Dublin's commercial codes are very specific in regard to detailed architectural design issues. Approval of large-scale commercial rezonings by Council and Planning Commission has often required the developer to agree to very specific architectural design standards. As long as the city uses zoning text in planned commercial and industrial areas to establish detailed design guidelines, Council will frequently see developers propose amendments which Council must then evaluate to determine if the amendments significantly alter the basic intent and character of the area or if it is consistent with the character and intent. Staffs review of these particular proposed design amendments indicates that they are generally consistent with and still preserve the integrity of the development objectives in that area. Ms. Clarke clarified that no use changes are proposed. Mr. Foegler emphasized that staff is not recommending a change in the character of the primary permitted uses of this area - hotels and office developments. Staffhas indicated to the developer that staff would not support requests that other areas be converted to retail activities. Mrs. King asked staff why trees have been eliminated from the development along Tuttle Crossing Boulevard. Ms. Clarke stated that no trees have been eliminated with the new text. Mr. Gomez stated that with the original text of 1989, the trees were to be along Tuttle Crossing Boulevard but have been moved to the setback areas. He added that the southern orientation of the buildings will benefit the Tuttle Crossing Mall. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK CO.. I-OHM NU lU14t::1 Helrl November 15, 1993 19 Mrs. King proposed that the issue be tabled for two weeks. ~ Mr. Ebbing responded that the proposed user is required to have a certain number of stores under construction as part of the franchise agreement. Since there were no objections to the rezoning at the public hearing, Boston Chicken has proceeded with development plans and expended monies. Tabling the rezoning for two weeks will result in losing the Boston Chicken development for Dublin and the franchisee losing the franchise for the Columbus area. Judi Stillwell. 364 Stonewall Court. Planning & Zoning Commission stated that she has been responsive to residents who are affected by particular rezoning applications such as the Llewellyn Farms residents. She has kept the Llewellyn residents apprised of the changes at the Tuttle Crossing area. Mr. Campbell noted that there is no change in the number of trees per feet of frontage from the original text. He pointed out that there was a first reading of this rezoning on October 4' it was referred to P&Z where it was heard on October 7 and then was tabled until November; back to Council for public hearing on November 1 with no registered opponents; and now for third reading tonight, November 15. The change being considered is only for the development text of a 5 acre portion of the area. The use is already permitted. He believes Council should vote on this issue tonight. Mayor Rozanski noted that the development text change was approved by P&Z unanimously. Mr. Kranstuber stated that this is only a minor modification and not a land use change. He is concerned about the likelihood of attracting high-end, lucrative businesses since the area was voted dry by the residents. Mrs. King asked if Mr. Ebbing would object to adding the word "earthtone" on page 12 under "Materials", after the letter "D" and before the words "wood, stucco, tile, decorative concrete block and other similar materials may be used as an accent with brick and stone." Mr. Ebbing stated that he would not object. Council members agreed with the change. Vote on the Ordinance - Me. Campbell, yes; Mrs. King, yes; Me. Kranstuber, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Amorose, abstain. Ordinance No. 85-93 - An Ordinance to Establish the Child Care Advisory Committee as a Permanent Advisory Committee and to Set Membership Standards for the Child Care Advisory Committee. (Third Reading) There was no additional information. Vote on the Ordinance - Mrs. King, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. ~,.,.,"" Resolution No. 18-93 - A Resolution Setting Forth a Statement of Services for a Proposed Annexation of 7.356+1- Acres from Washington Township, Franklin County, to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that staff is recommending passage by emergency to comply with the statutory requirement that it be provided prior to the public hearing. Vote on the Emergency - Mayor Rozanski, yes; Me. Sutphen, yes; Me. Amorose, yes; Me. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes. Vote on the Resolution - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mrs. King, yes; Me. Campbell, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Ordinance No. 94-93 - An Ordinance to Adopt the Proposed Operating Budget and Cash Capital Budget for the Fiscal Year Ending December 31, 1994. (Second Reading) Staff is recommending that this be held for a third reading. Budget hearings continue and should be completed prior to the third reading. There will be a third reading at the December 6 Council meeting. Ordinance No. 95-93 - An Ordinance Providing for a Change of Zoning of 14.815 Acres of Land Located on the North Side of Martin Road, Approximately 1,000 Feet to the West of Sawmill Road, and Having Frontage Along the South Side of (Proposed) Stoneridge Lane from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (First Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held November 15, 1993 19 Reading) (Applicant: T&R Properties, clo Michael T. Shannon, 10 W. Broad Street, Columbus, OH 43215-3435) Mr. Amorose introduced the ordinance and moved that it be referred to Planning & Zoning. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Sutphen, yes; Me. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Me. Amorose, yes. Ordinance No. 96-93 - An Ordinance Providing for a Change of Zoning of 3.679 Acres of Land Located on the Northeast Corner of Innovation Drive (formerly Enterprise Drive) and Wilcox Road from: R-l, Restricted Industrial District to: SO, Suburban Office and Institutional District. (First Reading) (Applicant: DCP Associates by Dublin Commerce Park, Inc., Joint Venturer, Luis G. Weil, President, P.O. Box 370, Dublin, OH 43017) Mr. Amorose introduced the ordinance and moved that it be referred to Planning & Zoning. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Me. Sutphen, yes; Mrs. King, yes; Me. Amorose, yes; Mayor Rozanski, yes; Me. Campbell, yes. Ordinance No. 97-93 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Law Director. (First Reading) Mr. Amorose introduced the ordinance. Mr. Hansley stated that per the City charter, a contract must be given on an annual basis for legal services. This ordinance proposes to continue the current contract at the same rates as established last year. A market survey has been included. Staff recommends adoption. There will be a second reading at the December 6 Council meeting. Ordinance No. 98-93 - An Ordinance to Accept the Lowest/Best Bid for General Contractor Services for the Renovation of the Recently Acquired 5800 Building, and Declaring an Emergency. (First Reading) Mr. Amorose introduced the ordinance. Me. Foegler stated that staff has previously informed Council that emergency legislation would be brought before Council tonight. There are two ordinances: one for the general contractor services and one for electrical contractor services. The electrical contractor services were bid separately due to the timeframes involved in preparing the design work. If Council approves the bids tonight, the contract provides that the work will be completed sufficient for legal occupancy by December 23. Staff is recommending award of the general contractor work to Gutknecht Construction. The building will comply with ADA requirements. Mr. Foegler added that, if Council does not object, the building will be referred to as the "5800 Building" with a plaque listing the name of the present Council members. Me. Sutphen asked that the "For Lease" signs be removed from the property. Mr. Foegler added that an emergency exists as the Department has no lease for other space, and a significant premium has already been paid for the additional months needed. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mr. Sutphen seconded the motion. Vote on the motion - Mayor Rozanski, yes; Me. Kranstuber, yes; Me. Sutphen, yes; Me. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes. Vote on the Ordinance - Me. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Me. Campbell, yes; Me. Amorose, yes. Ordinance No. 99-93 - An Ordinance to Accept the LowestlBest Bid for Electrical Contractor Services for the Renovation of the Recently Acquired 5800 Building, and Declaring an Emergency. (First Reading) Mr. Amorose introduced the ordinance. Mr. Foegler stated that the bid from Romanoff was within $14 of the designer's estimate for the project. Staff recommends award of the bid to Romanoff Electric. Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes; Me. Campbell, yes; Me. Sutphen, yes; Me. Amorose, yes. Vote on the Ordinance - Mrs. King, yes; Me. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mayor Rozanski, yes. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK co.. FORM NO I014!::J Helrl November 15, 1993 19 Ordinance No. 100-93 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1993, and Declaring an Emergency. (First Reading) Ms. Grigsby stated that the most significant request for additional appropriations is for the utility accounts due to adding new buildings and electric rate increases in May of 1992 and 1993. The other significant appropriation is for a transfer of funds to the Community Recreation Center fund. Mayor Rozanski asked why the MORPC dues had increased. Ms. Grigsby responded that the MORPC dues have a per capita basis, and staff may have underestimated what the per capita rate would be for 1993. Brief discussion followed. Mrs. King moved to waive the three-time reading rule and treat as emergency legislation. Me. Amorose seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Me. Sutphen, yes; Mayor Rozanski, yes; Me. Amorose, yes. Vote on the Ordinance - Mrs. King, yes; Mayor Rozanski, yes; Me. Campbell, yes; Mr. Amorose, yes. "* '* Ordinance No. 101-93 - An Ordinance Amending Section 371.06(b) and Enacting Section 717.11 of the Codified Ordinances of the City of Dublin, Ohio to Permit Solicitation of Funds on Highways. (First Reading) Mr. Amorose introduced the ordinance. Mr. Hansley explained that this legislation was discussed briefly at the Safety Committee recently. The present Dublin Code prohibits solicitation in the public right-of-way. The City of Columbus recently passed legislation similar to that enacted by the State legislature allowing solicitation in the public right-of-way under certain guidelines. The ordinance as drafted is identical to one passed by Worthington City Council. The Safety Committee directed staff to draft an ordinance of this type for first reading tonight. The only time issue is the annual solicitation for Charity Newsies which takes place on December 11. Mr. Campbell commented that he is hopeful that this legislation will allow sufficient discretion by the city manager in issuing permits but not to the point where the city could encounter difficulties with abusing that discretion. Me. Smith responded that many of these issues are first amendment issues. He added that six Columbus suburbs will likely pass this type of legislation within the next year. A challenge may arise later, but at the current time this is the best that the city can do. Mr. Campbell asked then if the city is on firm enough footing to do this on an emergency basis, or is it necessary to have three readings to allow input from groups who could later protest that they did not have time to respond. Mr. Smith acknowledged that he is concerned about passing this as an emergency, and in the long run, it may be preferable to hold three readings. Mr. Hansley disagreed. The policy in the city has been to enforce the ordinance on the books regarding solicitation in the public right-of-way, and therefore Charity Newsies will not be allowed to solicit on December 11 under the current law. The City of Dublin did not want to be the first city to pass this legislation. Brief discussion continued. Mrs. King asked about the legal downside of passing this by emergency. Mr. Campbell noted that accelerating the legislative process to assist a "favored" group could be challenged. He will rely on legal counsel's opinion in this matter. Mr. Hansley stated that staff recommends that this ordinance be adopted by emergency at the second reading on December 6. Any parties who feel aggrieved by the process can speak at the second reading. Mr. Campbell pointed out that staff should alert any potential permit applicants about the change in requirements which would take place after December 6. Mr. Hansley added that the ordinance does contain a bias toward groups who are prepared to purchase the proper insurance, have the proper training, wear suitable clothing, and are agreeable to cancellation for poor weather conditions. There will be a second reading at the December 6 Council meeting. Resolution No. 19-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 20.22+1- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (First Reading) Mr. Amorose introduced the resolution. Mr. Hansley noted that passage of this resolution is mandated by State statute to be adopted before the public hearing on January 10. The proposed annexation area is located immediately north of Post and Route 33 in Jerome Township. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO l014l:i Helrl November 15, 1993 19 Mr. Sutphen requested that staff research all aspects of this proposed annexation, including telephones, fire, electric service, and police because of existing problems with telephone service west of Avery Road. The developers should work to resolve the issues prior to annexation. Mr. Hansley commented that the service areas for utilities are set by the P.D.C.O. and the city has no jurisdiction over these decisions. The city only has jurisdiction over the fire districts. There will be a second reading at the December 6 Council meeting. Resolution No. 20-93- A Resolution of Intent to Appropriate a Waterline Easement in a 0.957 Acre Tract Owned by Tom O. & Elanor J. McClure Located Along the North Side of Rings Road and Along the West Side of Dublin Road, in the City of Dublin, Township of Washington, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Amorose introduced the resolution. Mr. Smith commented that this is an enabling resolution allowing him to do a take for the waterline easement on Rings Road. Staff has been unsuccessful in negotiations, and requests passage by emergency tonight. Mr. Kranstuber moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the motion. Vote on the motion - Me. Sutphen, yes Mayor Rozanski, yes; Mrs. King, yes; Me. Amorose, yes; Mr. Kranstuber, yes; Me. Campbell, yes. Vote on the resolution - Mr. Campbell, yes; Me. Amorose, yes; Me. Kranstuber, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Other Final Plat - Sheffield Place Section 1 (Applicant: Mil Schottenstein Homes, Inc., clo Harrison W. Smith, Jr., 37 West Broad Street, Columbus, OH 43215) Ms. Clarke stated that this final plat is for 39 new single-family lots on 18-112 acres located in Sheffield Place on the northeast corner of Brand Road and Coventry Woods Drive. The subdivision was rezoned almost a year ago, and the plat was approved by the Planning Commission in July with the following conditions: 1. That fences be prohibited along lots which abut all park areas, with the plan and supporting text reflecting that; 2. That the final plats be changed to reflect correct property lines; 3. That the applicant submit provisions for tree preservation, a plan for street trees and entry feature, and landscaping plan, as approved by staff; 4. That the plan for grading the entry park, especially the pond, be subject to staff approval; 5. That the applicant work with the Parks Division to establish natural treatment along lot lines abutting park land; 6. That the name "Coventry Woods Drive North" be changed to read "Coventry Woods Drive" on the final plat so that eventually the entire length of this street can be renamed likewise; 7. That no vehicular access be permitted to Brand Road and be designated on the plat; 8. That the plat reflect that the boulevard landscaping on Crosshaven Lane and Reserve A be owned by the City but maintained by the homeowners' association; 9. That 25-foot no build zones be designated along the park and be indicated on the plat; and 10. That "no parking" areas along 26-foot streets be designated on the plat, as approved by the City Engineer, the City Attorney, and the developer. Ms. Clarke added that there was a second motion regarding the creation of tangent sections at the corners of right-of-way rather than curbs. That waiver of Section 1107.04 was approved, but the Code has since been changed that requires this, and thus the waiver is no longer an issue. . Mr. Kranstuber asked about sidewalks along the new streets and along Brand Road. Ms. Clarke stated that improvements such as pavement width or street trees are not shown directly on the plat - they are on the construction drawings for this project. She believes it is a 5-foot sidewalk along Coventry Woods and along Brand Road, and a 4-foot sidewalk along the rest of it. Mr. Sutphen and Mr. Campbell asked about any commitment from the developer about replacement of the pine trees transplanted along Brand Road. Some of the trees already look bad. Ms. Clarke stated that the developer wanted to do this, and there was no condition attached to this. Discussion followed. Bill Westbrook. Mil Schottenstein agreed that they would replace the trees which die with 8-foot trees of a similar species one year from the date of approval of the final plat. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meeting DAYTON LEGAL BLANK co.. f-ORM NO lUl4tJ Helrl November 15, 1993 19 Mayor Rozanski asked for clarification of Condition #7. Ms. Clarke stated that lots 28-31 are to have driveways that go onto Balfoure Circle and no driveways that go onto Brand Road. The plat shows no vehicular access from these lots onto Brand Road. Mr. Campbell thanked the developer for his efforts in moving the trees to improve the appearance along Brand Road. Mr. Sutphen moved the addition of Condition 11 calling for the replacement of trees which die within one year from the date of approval of the final plat with 8-foot trees of a similar species. Mrs. King seconded the motion. Vote on the motion - Mayor Rozanski, yes; Me. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Me. Kranstuber, yes; Mr. Sutphen, yes. Mrs. King moved to approve the final plat with the 11 conditions stated. Mr. Sutphen seconded the motion. Vote on the motion - Me. Amorose, yes; Mrs. King, yes; Me. Kranstuber, yes; Me. Sutphen, yes; Mr. Campbell, yes; Mayor Rozanski, yes. .. Final Plat - Wyndham Village Section 2 (Applicant: Mil Schottenstein Homes, clo Bill Westbrook, 41 S. High Street, Suite 2410, Columbus, OH 43215) Ms. Clarke noted that this final plat is for 20 acres located northwest of Avery Road and Wexford Drive consisting of 52 lots. This plat was approved by Planning Commission in February with several conditions: 1. Submission of a street tree plan subject to staff approval; 2. Demonstration of the developability of Lots 97, 99, 102, 117, 134, and 135 without variances or reconfiguration of same; 3. Demonstration that the park land set aside shall meet the plan approved for the rezoning and the preliminary plat; 4. Modification of the drawing to indicate its title as a final plat; 5. Installation of a concrete bike path where it runs in front of homes; 6. Provision of easements for all public utilities located outside the right-of-way; and 7. Design of streets, rights-of-way (as explained), grading plans, utilities, and drainage to be in accordance with City of Dublin standards, MORPC guidelines, and as approved by the City Engineer. There was also a waiver of Section 1107.04 to permit the reconfiguration of the right-of-way at intersections, and this has been incorporated on the plat. Staff recommends approval with these conditions. Mr. Sutphen moved to approve the final plat with the conditions stated above. Mr. Amorose seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Me. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes. -. Concept Plan - Sycamore Ridge (Applicant: Hallmark Communities, clo Mark Pottschmidt, 150 East Broad Street, Suite 505, Columbus, OH 43215, represented by Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215.) Ms. Clarke stated that there has been a rezoning application filed on this property for some time. It involves part of the old Bash Golf course. The rezoning application started out as three sites, including one that had frontage on Tuller Road. After one discussion at the Planning Commission,the application was amended to request PUD zoning and to delete the portion that fronted on Tuller Road. The two tracts combined are 30.8 acres and the current zoning is Community Commercial district. Immediately to the north of the site are office warehouses and some agricultural property. To the west is the Bash Driving Range, to the south is Wendy's International, and to the east is an undeveloped residential parcel for which there are commercial proposals. This is a downzoning, and Planning Commission reviewed it on several occasions. Planning Commission requested information from the. developer related to the economic potential and benefit to be derived from this property if it were developed either commercially or as the developer is currently proposing. This proposal calls for 264 multi-family units, similar in design to a project called "Christopher Wren" on Morse Road in Gahanna. Planning Commission recommended approval of the concept plan with five conditions: 1. That active parkland be provided adjacent to the western property line south of Tuller Ridge Road to provide for future expansion if adjacent properties develop in a residential fashion; 2. That access drives be consolidated along Tuttle Ridge Drive; _. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 Meeting DAYTON LEGAL BLANK CO.. FORM NO 10148 II Helrl November 15, 1993 19_ 3. That buffering be provided meeting Code to mitigate land use conflicts on the east, north, northeast, and west property lines; 4. That a sidewalk be indicated along the north and east side of Tuller Ridge Drive including in front of the Data Base of Ohio property and a bikepath be indicated on the south and west sides, subject to the approval of the Parks Director. Both improvements are to be constructed by the developer; and 5. That prior to submission of the preliminary Development Plan, the City will complete to a satisfactory level the economic study and an area plan update that will allow the determination whether this development should proceed further. Ms. Clarke noted that staff believes the biggest problem with this application is that planning documents for this area are outdated. The area that is commercially zoned in the Community Plan was designated for commercial purposes. While this area meets the criteria established for location of multi-family projects, it was not an area where multi-family was designated as a desired use. The staff is willing to update the Plan in the most expeditious fashion possible, and the developer has offered his assistance in providing an outside consultant to assist staff in the Plan update. In terms of quality of development, staff believes that this project is clearly one which would benefit the Dublin community. She added that the concept plan is a non-binding review, and if approved, the applicant will proceed to submit a formal rezoning application. Harrison Smith. representing applicant Hallmark Communities. stated that Frank Kass is the major investor in this quadrant of the city. The site is currently zoned retail and office and the applicant has this under contract at $48,000 per acre. At this point (9:45 p.m.), Me. Strip arrived at the meeting. .. Mr. Smith stated that they have been working over the past few months to determine the future of this piece within the existing zoning. There is an enormous supply of property zoned in this way in the City of Dublin - nearly 100 years of supply, in fact. He noted that Claire Sawaya Hazucha will now present information about this proposal and its effect on the school system and the city. lk~ Claire Sawaya Hazucha. consultant from Proiect Control Systems stated that they were retained by the developer to study the economic impact of this project consistent with staffs request. She thanked Me. Foegler for sharing preliminary information from the City's economic development consultants. She pointed out that Council has received a copy of the tax and demographic projections they have compiled and proceeded to review the contents of the report. In summary, she stated that the most recent municipal and school district data serve to confirm that development of Sycamore Ridge will be of significant positive benefit to the City of Dublin and its schools. Mr. Harrison stated that the school conclusions were shared with the schools last week, and they do not take any exception to the conclusions. Tentatively, staff and the developer agree that $13.5 million spent in the next year on a project such as this produces revenue to the schools and to the city that is of a sufficient size, timed right, that the projections for office and retail development would never catch up. He commented further on the likelihood of commercial or retail development on this site. He added that the Planning Commission has approved this concept plan unanimously. He understands thoroughly that this approval is non-binding. :~" Joel Sullivan. Sullivan and Gray Architects stated that Christopher Wren in Gahanna recently won an award from the City of Gahanna as the finest project constructed in the multi-family category. This project will be very similar to Christopher Wren, but stone will likely be used for the finish instead of brick. They are working closely with staff to respond to issues of traffic and parks. He pointed out the various features on the concept plan. He offered to answer any questions from Council. N' Mr. Campbell stated that he would like to know under what assumptions the projected income tax figures were generated in the chart from Project Control Systems. Ms. Hazucha responded that based on the demographic data at Christopher Wren with respect to how close residents of the project work in relation to their residence, an arbitrary assumption was made that 25 to 30 percent of the residents will potentially work in Dublin. They made no attempt to include the approximately $150,000 of income tax related to the actual construction labor. They did not try to estimate the impact of @$13,OOO,OOO in annual income to be spent somewhere, presumably a large percentage would be spent in the surrounding area. Me. Campbell noted that the pending preliminary economic development study basically waves red Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK CU.. FORM NU 1U14t:J Helrl November 15, 1993 19 flags to the city regarding additional single-family development and to letting go of any remaining commercial land inventory in order to maintain current levels of city services. The issue is whether to sacrifice theoretically money-producing commercial land for multi-family. Ms. Hazucha responded that they were pleased that the general direction of their data is consistent with the preliminary findings of the economic development study. Frank Kass. developer stated that the Christopher Wren units in Gahanna are one mile east of the Limited headquarters. Presently about 15 percent of the residents are Limited employees. Apartments are usually occupied by people moving into town who are not ready to commit to buying a permanent residence. In the Dublin location, they anticipate people who move to Dublin for a job would choose the Sycamore Ridge location based on the proximity to Dublin retailing. He submitted a copy of a letter noting that the Tuller Road land was revalued for tax purposes in an appeal filed by Squires, Sanders on behalf of National City Bank. The land was revalued in half at @$75,000 per acre. It is now under contract at $48,000. The contiguous property owners - Wendy's, Schottenstein - are all in favor of a high quality multi-family development. He also commented that this project will actually cost about $14.5 - $15 million. Mr. Amorose expressed concern about the traffic generated from this type of development in consideration of the delays in the widening of 270 and 161. Mr. Smith responded that this is a downzoning and will produce less traffic than development under the existing zoning. Much of the traffic will be internal due to the proximity of retail establishments, restaurants, etc. He recognizes that at a later stage, they will have to produce traffic studies that determine the developer's obligations. Mr. Kranstuber asked if the developer is willing to construct this project without vinyl siding. Mr. Kass responded that vinyl siding is what they have used on this particular product. He suggested that Council look at the vinyl siding in its application with the stone and brick. Mr. Kranstuber asked if they plan to meet the parkland requirements or contribute cash plus a smaller park space. Mr. Smith responded that they have looked at two different programs for parkland. They are willing to do either plan, but prefer Plan A located along the frontage. Mr. Kass then proceeded to locate the site on an area map and described the land uses around the property. He added that Wendy's is considering putting the land behind their office building on the market for office space and as part of that, expand Shamrock onto Tuller Ridge. Secondly, the V ogels who own the land to the east are considering commercial use on the eastern part of their property and are considering expanding Tuller Ridge Road from Penzone's on down. Thus, development in the area will spur additional development and road connections. Mr. Kranstuber stated that the quality of the project appears excellent. The decision to be made is whether Council is willing to rezone this piece. Discussion continued by Mr. Smith and Mr. Kass about the economic advantages of this downzoning. Mr. Strip asked Chief Bostic to comment about adequate water pressures for the area. Chief Bostic commented that in November of last year, they worked with the Engineering Department to develop standards for the City of Dublin. Within multi-family, there is a requirement of 2,000 gallons per minute. He believes that the capacity exists, but he would like to work with the developer to make sure that pressures are adequate. Me. Strip took issue with the argument that the property would generate $2,000 per student - that would be true no matter where the units were built. It is not site driven. Secondly, the real issue is whether the city is willing to wait for commercial development in this area. If apartments are built, it will never be commercial. He also takes issue with the income tax generated - the income tax is driven by where people work, not by where they live. Mrs. King commented that Council is not ready to make decisions based on the preliminary report from Mt. Auburn Associates as that report is not yet in final form. Secondly, Council would be pleased to have this product somewhere in Dublin - but perhaps not at the proposed location. She added that the traffic issues cannot truly be resolved until 270 is widened. She urged the developers to work to speed up the widening of 270 and the widening of 161. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK CO., FORM NO H.)14~ Hekl November 15, 1993 19 Me. Sutphen commented that he does not question the quality of the proposal, but he has a problem with changing this from commercial zoning. This area is suitable for the start-up small businesses coming to Dublin. The traffic is already a major problem on Sawmill and 161, and he is concerned about adding additional traffic in this already overcrowded area. Mayor Rozanski commented that the current comprehensive plan for the city does state that limited multi-family is permissible in this area. Ms. Clarke stated that the Community Plan states that the appropriate places for multi-family are on the perimeters of activity areas, and the Dublin Village Center and entire Sawmill area was one of the areas designated as a high activity area. Mayor Rozanski believes that if this project spurs commercial development in the area, then it will be a plus as there is currently no development taking place in the area. Marcia Wood. 4300 Bright Road offered comments on the proposal, stating that Sycamore Ridge represents a major shift in the area's land use. Downzoning to PUD opens the way to downzone the remaining acres of undeveloped land adjoining this piece. Approval of this land use will set a precedent for other developers. She is hopeful that the residents of east Dublin are included in the process of updating the area plan. She does not want a developer updating the master plan. Council should not dump this commercially-zoned land, but should instead draw commercial construction starts to Dublin. She noted that the east side has not yet felt the impact of the already approved 640 multi-family units north of this area between Sawmill and Riverside Drive. There are an additional 486 units on the drawing board in Columbus off of Billingsley Road. She pointed out the existing roadway problems of the area. She asked that Council give the Tuller Road area to recuperate before any decision is made to downzone. The entire issue is really whether there should be multi- family in this location at all. She asked that Council give the developer a resounding "no" vote. ""'c, '.~ Mr. Kass commented that they are tonight seeking a vote on a concept that would need to be substantiated by the infrastructure study, a traffic study, economic impact study, and the impact on the entire area plan. Mr. Kranstuber moved approval of the concept plan. Mr. Campbell seconded the motion, with incorporation of the following cautions: 1. That the city's economic development plan is finalized and affirms that this proposal is permissible and advisable in this location; 2. That the traffic studies can be done to support the fact that this project will not adversely affect the surrounding traffic; 3. That the infrastructure needs are addressed to the satisfaction of the staff and other experts; 4. That the area plan would support this development. Mr. Kranstuber accepted the amendment to his motion. Mr. Strip commented that it is important to note that if all of these criteria are met, it does not necessarily follow that Council will approve the plan at the next stage. Mr. Campbell emphasized that the vote is a non-binding one on a concept plan. He added that if anyone of the four conditions is not met, the development will not take place. Mayor Rozanski cautioned that the new Council in January may also take a different approach to the proposal. Vote on the motion - Me. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, no; Me. Sutphen, no; Me. Amorose, yes; Mayor Rozanski, yes. $1>1-~ Discussion of Representative to Dublin Convention & Visitors Bureau Appointment Mayor Rozanski noted that Council members received a copy of a letter sent to him regarding a change in the composition of the Convention Bureau's board. In the past, City Council had two representatives, but the new composition calls for one representative to be appointed by Council each year. The DCVB is requesting that Council modify their previous appointments by the end of November. Mr. Campbell asked how this decision could be unilaterally made by the Convention Bureau - shouldn't Council have some input on this? Mr. Strip stated that, as he understands it, some of the terms were eliminated during the term itself - and he is troubled by this. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK CO., FORM NO IU14tj Helrl November 15, 1993 19 Mr. Campbell stated that he assumes this is a statutorily created body where terms are set by ordinance. Mr. Amorose commented that as a member of Finance Committee, he is disturbed about this situation. The Finance Committee does an extensive review of all of the bed tax applications, yet the DCVB is funded each year by over $200,000 of bed tax funds with no accountability for the funds. He has concerns about the DCVB having less representation from Council and the hotels, having so many representatives appointed by the Bureau itself. Mr. Smith commented that he has not read the organization's bylaws. He is not certain that the Bureau can unilaterally end the terms of representatives appointed by elected officials in the middle of the terms. Mayor Rozanski suggested that the Law Director and staff research the issue of what powers Council does have over the Board. He also suggested that a representative from the Bureau come to the next Council meeting to provide some background on why the board composition was changed. Me. Strip pointed out that there are 13 seats in total under the new composition and 9 will be appointed by the Bureau itself. This is not a healthy situation. Mr. Amorose commented that Council has a responsibility to make certain that the DCVB is accountable for funds given to them. Promotion efforts by the City and the Convention Bureau should be coordinated to avoid duplication. An overview from staff would be helpful. Mr. Strip stated that he will obtain a copy of the Convention Bureau's last financial statements. He will then send copies to Council. ~-'''''I Mr. Amorose asked why Council has never been given a copy of any type of an audit. lliiIt.c_C.r" Mr. Hansley stated that under State statute, the Bureau is given a percentage of the 6 percent hotel/motel taxes collected. The DCVB is not accountable to the City. Discussion followed. Mrs. King suggested that Council focus on the fact that the Bureau has been doing a job that Council wanted done. She suggested that Council and the Bureau meet to discuss what the Bureau is trying to achieve with the change of their Board composition. She agrees with the request to have legal staff investigate this. Council does have two appointed members on the DCVB and perhaps they could provide some feedback to Council. Mayor Rozanski directed the Clerk to invite a representative from the DCVB to attend the next Council meeting. Mr. Amorose requested that the requested information be provided to Council ahead of the Council meeting. Mr. Hansley clarified that the Law Director should research the statutory requirements and the bylaws of the Bureau. Mayor Rozanski confirmed this. ~ ....,<.-.,>j' Reports from Council Committees Mrs. King, Safety Committee stated that the Committee met recently. Minutes will be forthcoming. Discussion took place on a number of issues, including the Bright Road/257 intersection. A second meeting has been scheduled to discuss the results of the visibility triangle study for Bright/257 on December 7 at 7:30 p.m. Comments from Staff Me. Hansley stated that the cost of sidewalks on the north side of Tuller Road, previously estimated to be $7,500, will be higher and will be discussed during the next budget hearing. Mr. Foegler reported that the property on the north side of Post Road is secured under contract at this point for the Community Center. A landscape architect has been retained to assist with layout of a conceptual Coffman Park plan to properly locate the building on the site and proceed with schematic design. Secondly, staff received today a unique economic development opportunity Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO.. FORM NO. lQ14tj Helrl November 15, 1993 19 involving a proposed expansion of Metatec. In the short term, it would add 70 jobs; long term prospects of total employment would be @600 jobs. It will require some fast track zoning work to facilitate the expansion. If a zoning text amendment is required for one of the subareas, staff is requesting that Planning & Zoning review this rezoning prior to the first reading of the ordinance at Council on December 6. Council members had no objection. Council Roundtable Mr. Campbell thanked staff for the monthly department reports - they are very helpful. Mrs. King thanked staff for the video enhancement provided for the zoning presentations. It was very helpful. She also noted that she has completed her evaluation of the City Manager and is hopeful that a review meeting will soon be scheduled. She suggested that a Land Use Committee meeting be scheduled to discuss the issues referred to that Committee recently. Mr. Sutphen noted that there seems to be a problem with the heating system in the room. He requested that staff have this repaired. Mr. Kranstuber thanked Council members for the wedding gift. Mayor Rozanski commented that Council made a mistake in allowing the State to pave 161 in the daytime, as they were paving Frantz and 161 at rush hour on Friday, resulting in major traffic delays. The quality of the work is very poor. Mr. Smith requested a short executive session for legal matters. ~ Mr. Sutphen moved to go into executive session for legal matters. Mr. Amorose seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber,yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. The meeting was adjourned at 11:30 p.m. ~e~ Clerk of Council ....>WA