102-02 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No............102.-0.2 Passed
AN ORDINANCE REGULATING FUTURE ACCESS TO
THE NORTHERN END OF TRAILS END DRIVE AND
REPEALING ORDINANCE NO. 86-02(Amended)
WHEREAS, a goal of the city of Dublin is to provide for the public health, safety and
g welfare of the citizens of Dublin; and
WHEREAS, the Dublin Code §72.131, states "traffic calming measures are suitable
in residential areas to manage speed, volume and cut-through traffic"; and
WHEREAS, the residents along the northern portion of Trails End Drive, located north
of Summitview Road, has raised concerns regarding cut-through traffic should a
connection of Trails End Drive be made to the proposed development to the north;
WHEREAS, it is necessary to repeal Dublin Ordinance No. 86-02 (Amended) based
on the decision to pass legislation regulating future access to Trails End Drive in lieu
of vacating the northern five (5) feet of Trails End Drive; and
NOW THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. The Dublin Code §72.131, states "traffic calming measures are suitable
in residential areas to manage speed, volume and cut-through traffic".
Section 2. Council further finds that there is good cause for the regulation of any
future access to the northern portion of Trails End Drive.
Section 3. No future connections to Trails End Drive shall be made without
Council's specific approval.
Section 4. Dublin Ordinance No. 86-02 (Amended) is repealed based on the
decision to pass legislation regulating future access to Trails End Drive in lieu of
vacating the northern five (5) feet of Trails End Drive.
Section 5. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
Passed this / t~+day of , 2002
Mayor - residing Officer
ATTEST:
(~wa.~ ~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~4~ C erk of Council, Dublin, Ohio
I
SCHOTTENSTEIN ZOX gc DUNN
a leral pro(esslonal associotion
MEMORANDUM
TO: City Council
Marsha Grigsby
Frank Ciarochi
FROM: Stephen J. Smith
Mitchell H. Banchefsky
DATE: July 22, 2002
RE: Proposed Ordinance to Regulate Future Access to Trails End Drive
and Repeal of Ordinance No. 86-02(amended) to Vacate
Since the passage of Ordinance No. 86-02(amended) on June 17, 2002, Dublin Staff and
Legal Staff decided to conduct additional research into Council's ability to pass an Ordinance to
regulate any future access to Trails End Drive prior to proceeding with the time and expense of
obtaining an annexation plat and discussions with the adjacent landowners to determine their
willingness to deed back to the City the vacated portion of Trails End Drive.
Legal Staff conducted additional research and concluded that the City could pass an
Ordinance regulating any future access to Trails End Drive. In City of Cleveland v. City of
Shaker Heights, 507 N.E.2d 323, 327 (Ohio 1987), wherein the Ohio Supreme Court held that
absent extenuating circumstances, "a decision by a city regarding connection to or vacation of
: streets at or within its borders is not subject to injunctive relief by a neighboring municipality."
Even though there is no section in the Dublin Code that specifically grants the municipal
corporation the authority to deny another municipality's ability to connect a street to an existing
Dublin street, the Code repeatedly grants the municipal corporation the authority to regulate the
streets within its borders.
Another section of the Dublin Code codifies a Traffic Calming Policy, Dublin Code §
72.131. The Code specifically mentions the City of Dublin's intent to prevent cut-through traffic,
the issue seen in the Shaker Heights case. The Code says, "Traffic calming measures are suitable
in residential areas to manage speed, volume and cut-through traffic," Id.
www.SZD.com In conclusion, the City does have the authority to regulate any future access to the
Columbus northern end of Trails End Drive by the passage of an Ordinance. Proceeding in this manner will
Cleveland be significantly easier and more cost effective than vacating the right-of--way and then work to
Cincinnati have the property owners deed the vacated right-of--way back to the City. An Ordinance to this
effect will be presented to City Council on July 22, 2002.
(H0216660.1 }
The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135