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033-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 Ordinance No .__:33-:-:<)()__m Passed.__. un_ n____.. ___._19.. __ AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 38.368 ACRE TRACT LOCATED ON THE EAST SIDE OF WILCOX ROAD APPROXI- MATELY 900 FEET NORTH OF TUTTLE ROAD. TO BE REZONED FROM: R-1A, RESTRICTED SUB- URBAN RESIDENTIAL DISTRICT (current Washington Town- ship zoning) TO: R-12, URBAN RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the following described real estate (see attached legal description marked Exhibit "A"), situated in the City of Dublin, State of Ohio, is hereby rezoned to R-12, URBAN RESIDENTIAL DISTRICT, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter Eleven of the Codified Ordinances), the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated in to and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 6th day of August , 1990. Officer /, Frances M. Urban . . . Clerk of (ound. hereby certii'i that the I Attest: foregomg ,s a true copy of Ord;noi1ce/~~ No. 33-90 duly adop.ted by the Cound of fhe Ci~ of Dub!:n, Ohio on the 6th day of August 19 0 ' , . ~>>;.t{~ f;vCh-ao ~. W~ lerk of Council Clerk of Council, Dublin, Ohio I hereby certify that copies of this Ord;nance/Rmllftleft were posted i the Sponsor: Planning Department City of Dublin in accordance with Sedion 731.25 of the Ohio Revised C de~, - J~~.~ , Clerk of Ceundl, Dublin, Ohio, . . . .. ..'~." ,..J.,. . ~ CITY OF DUBLIN PLANNING AND ZONING COMMISSION ~ AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only OF THE CITY OF DUBLIN ZONING Application No: DISTRICT MAP ZM :Z90-co3 (Reclassification of Land) Date Filed: ~/d. ~/qO Fee Receipt No: I Received by: Itl Ii(; t-4/ Please type or print information - Use additional sheets as necessary TO THE HONORABLE PLANNING AND ZONING COMMISSION: The Applicant F.A. Kohler Co. (' (~ave property in contract) In contract being the owner(s)~/lessee(s) of property located within the area proposed for future development in the UR category , requests that the following described land to be placed in the Urban Residential District (Chapter 1157) . A. DESCRIPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the following): a. Lot(s)/Reserve(s) of , a recorded plat, with an area of . b. Beginning at a point along (street or other) and being feet in a N SEW direction from the (specify) of (Street or other), and thence having a dimension of from the (specify) of (street or other), and having an area of . c. The tract of land containing 38.368 Acres and bounded by: Wilcox Road (specify) on the ~ W (Circle) Duke 70 Ltd tract (specify) on the ~ EXWX(Circle) Barney tract (specify) on the N sxgxw (Circle) mise Tuttle Road lots (specify) on the R S RxK (Circle) d. Attached legal description: YES x NO Page 1 of 3 FEB r, , " , , Map of Proposed Zoning District Boundaries Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of not less than 8~ x 11 inches and not more than 16 x 20 inches). The map shall be identified and submitted in addition to the General Description of Land. The map shall include all land in the proposed change and all land within five hundred (500) feet beyond the limits of the proposed change. To be shown on the map - all property lines, street right-of-way, easements and other information related to the location of the proposed boundaries and shall be fully dimensioned. The map shall show the existing and proposed Zoning District or Special District boundaries. List all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS - see attached list of property owners B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND 1. Proposed Use or Development of the Land: multifamily development project at a density of 12 units per acre in UR category. . PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of three (3) copies of a Development Plan and other documents and two (2) copies shall be retained as a permanent public record if approved. For other Zoning Districts, such plans or other exhibits would be helpful to the review of this application. Plans and Exhibits submitted Plot Plan ; Building Plan ; Development Plan ; Sketch ; - - - - Photographs -- ; Other (specify) 2. State briefly how the proposed zoning and development relates to the existing and probably future land use character of the vicinity. This tract is identified as R-12 on the preliminary plan for the area pre- .I-JdI eLl l>y Lhe ci Ly . TIle uffice Llevelu.I-JllleIlL of Lhe TulLle Crossings InterchangE has created a present need for quality multifamily in the area. Further, Lhi::; cdLeyuI y will .I-JI uviJe d LI'dlJ.::;i Lion Lu slIlyle fdHtily dredS deslgndted for development to the northwest. The land use is sensible and developable dL Lbe .I-JI e::;eIlL Lillle. A.I-J.I-JlicdllL will .I-JI'uviJe uLili Lie::; Lo Lhe ::;1 Le. Page 2 of 3 pages - 3. Has an application for rezoning of the property been denied by the City Council within the last two (2) years? YES NO x If Yes, state the basis of reconsideration C. AFFIDAVIT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building Inspector to insure completeness and accuracy. Present owner of property: Myron Porter, Rita Porter, Ursula Maddox APPLICANTS'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I hocl Christopher T. Cline the attomey for the applicant being duly sworn, depose and sa* .']tt.at loh~ o. duly sworn, depose and say that in the application and that the foregoing statement herein contained and attached, and information or attached exhibits thoroughly to the best of my/our ability present the arguments in behalf of the application herewith submitted and.that the statements and attached exhibits above referred to are in all respects true and correct to the best of my/our knowledge and belief. ~~~ ( ig atj.e) Christopher T. Cline Attomey for F .A. Kohler Co., applicant 37 West Bridge Street Dublin, Ohio 43017 (Mailing address) 614-766-0425 (Phone) ,~ ~'?.- ~ Subscribed and sworn to before me this:1{p ~ day of b~ , 19)Jo~ v ~ ~ ' /:; " ,'" ( THOMAS G. CLINE ( ,/ ,,' ,'~ / ,~~-<- NOTARY PUBLIC. STATE OF OHIO \.,/ , ( , b l. ) MY COIIIIISSlOII EXI'IRfS AUGUST 30.1992 notary Pu l.C Person to be contacted for details, if other than above signatory: Christopher T. Cline (Name (Address) (Telephone) - - - - - - - - - - - - - - - (Do not write below this-line)- - - - - - - - - - - - - - D. RECORD OF ACTION 1. Withdrawn Held to (Date) (Date) 2. P&Z C: Date of Hearing Approved Disapproved Modified 3. City Council: Date of Hearing Approved Disapproved Modified - - -- , '1' , ,,'., ,...--""'__.,;....u~., h .'- .~.-... , ."'~ ....,- d'( J : . dwards Companies 11 CHATIlAM LANE ; JLUMBUS. OHIO 43221 14/459-1604 ; January 25, 1990 Mr. Christopher T. Cline Attorney-at-Law 37 Bridge street Dublin, OH 43017 - Dear Chris: RE: REVIEW OF MASTER ~ MEETING. JiONDAY. JAN. 2.h 1990 Although we discussed many topics during this meeting, I thought the three most important items should be summarized as follows: A. PORTER AND HADDOX PROPERTIES TOTALING APPROX. 36 ACRES 1. I agree to accept an R-12 zoning on this property. 2. I will be willing to contribute $100,000 towards land cost to buy additional acreage next to a proposed park in Washington Township. 3. I will donate to Dublin a 30 foot right-of-way down most of the north property line for a rerouting of the future wilcox Road. The remaining acreage will then have a density credit for this right-of-way. 4. The road will be approximately as shown on Jim Houk's preliminary drawings. This road will be further defined on the rough master plan Jim Houk is to have ready for you tomorrow. 5. Neither I nor the people to whom I sell the ground to build the apartments will be required to pay for the engineering or construction costs of this road. -continued- Acme Sliding Door. Inc. . Cardinal Steel Erectors. Inc. . Distinctive Properties. Inc. · Edwards Insulation Company · The J.T. Edwards Company . The Edwards Land Company . The Edwards Realty Company · Dave Edwards Steel Company · Golden Bear Erectors · lcelandia. Inc. . F.A. Kohler. Multicon Communities. Inc. (Duffy Homes) · Multicon Development Co. · Pennsylvania &: West Virginia ~l1nnlv r:nrnQre.tion . The Ross-Willoughby Company .. . ~ Christop.:er Cline Hr. Page 2 I . , . B. WINDMILLER TRACT 1- I believe I can get Allen Shepherd to accept the following zoning: ' - 20 acres of "Planned Town Center" - 22 acres of R-12 - 8 acres of R-3 (sir.gle family). 2. H~ will be willing to contribute Sl50,000 towards land cost to buy additional acreaae ney.~ to a proposec park in Washington Township. 3 . He will donate to Dublin a 60 foot right-of-way for the straighter.ing out of Wilcox Road, as shown on Jim Houk's rough sketch. ~ . The engineering and construction costs of wilcox Road will be the responsibility of either the county or Dublin. 5. He will donate to Dublin an 80 foot right-of-way for the extension of Tuttle Crossing Boulevard. 6. The engineering and construction costs of the extension of Tuttle Crossing Boulevard will be the responsibility of the developer. Please call me, if you have any questions. Sincerely yours, Peter H. Edwards PHE:rae cc: Mr. Tim Hansley - City of Dublin Mr. Pat Bowman - city of Dublin Mr. steve Smith - Dublin City Attorney Mr. Allen Shepherd - Shepherd Excavating Mr. Jim Houk - Bohm NBBJ Mr. Harrison Smith - Smith & Hale " ~ ~', .' ," -3- is assured of a density credit based on 12 units per acre for the land dedicated. It was understood that neither he nor his successors would be responsible for the construction cost of the new road. Windmiller Property "e" 1) Special Commercial, R-12 and R-3. "Special Commercial" is not an existing district, and this was meant to delineate a neighborhood center with specially coordinated characteristics; R-12 was expected to carry a similar "quality development" commitment. Since the Proposed Southwest Area Plan was circulated, the multi-family piece between old Wilcox and new Wilcox Roads has been reclassified in house as an office site after meeting with the neighboring property owners. 2) The applicant was willing to contribute $150,000 in lieu of the standard park dedication for the R-12 portion of the site. 3) The applicant would provide the necessary right-of-way (60') for the realignment of Wilcox Road. This project was supposed to have been done last year (by the County) but the alignment was changed. Staff contact with the Franklin County Engineer's office indicated their intention to "work with Dublin" and fund the project in the same amount. Both sides agreed the new alignment might cost slightly more, and Dublin Staff expected the City to cover this shortfall. It was not expected that the developer would be responsible for this improvement. 4) The applicant would provide the right-of-way and construct the extension of Tuttle Crossing Boulevard through his site. The plan shows the Tuttle Crossing Boulevard right-of-way as 80-100 feet. Because the traffic circulation system proposed was not critically reviewed by a professional traffic engineer, there was no further discussion on exact width of right-of-way or pavement width. Staff believes that the information contained in the letter dated January 25, 1990 from Peter Edwards to Chris Cline substantially reflects most of the understanding. As the road alignments proposed have neither been subjected to full traffic and safety analysis nor public hearing, they must continue to be considered as conceptual. In terms of timing and construction, only the Wilcox Road straightening project was expected to happen in the upcoming year, and there were no other explicit discussions. It should also be remembered that the road network was designed to serve the uses proposed. The Wilcox-Rings Connector, for example, was intended to provide incentive for residential growth by providing separation between the single-family residential land and more intense uses. If, as it now appears possible, the single-family use can be achieved without it, this revision should be considered. I, ," 1f .i'lt"',',MlIIo.',~. I', ~-.. ..' .,,' , .~ ,., '" f, .' .~ ',-',. . ''- ~ .'- .~ - J ~~, 1ljJv r:?-- 6lNSLE ftt4q P-A~ 'B( . _ J;;; . .. -- . '. MHJa:iJ. . . ~ -- .-. ~~ - - .; ~I .... NUCJ1 \':"-~~ ..- I(...~c;, .. , ... ~ . ~tL1 \aTr5 . - , , . . '. \-: _. . ,_. .. .. .. [ . . . . .. 0 . . . ~ - ," !;~~.~ .l""::-,~ .~. _'.:.:~,: ~,:,..~:...-: ,-y:.~ r~N - .~ ' .:~.:~ . . , ..;. !'to ~~i:t~ .~"". ... . ,~.~ .. ..-. ~.: .-.......- .. " ~ ,~~~. .. . . ' - '.~'.. ,"::.: ... ,.' ..-:.:-: '" --. ~ f1"""'~""".. . .-..- .. - .... -.. . .. -" ...--' ---- .-_..'" . h, ..._ ._....... . . ". .--- ~ -- _.....:.- -..---.'--~ -- - ..._._---~- -;..--. ...-' . .... . . .- --.." .. ~ ---... - J - ~l~ ~\~'i RECORD OF PROCEEDINGS Minutes of Dublin qity Council Meeting Meeting _~.==:. '---liA,mlllJ91f."r;l.B~J~~lmJr-----:--- ---.-----.---- HeIr! February 5, 1990 19 ..- --_.....--- _n -- . -------- .- -" -..--- ,n _________. ------.-._-- -'- -- Page Eight It was also noted that each pole has a backup battery system for activa- tion of the sirens should no electricity be available. " , There will be a second reading of the Ordinance on March 12, 1990. Ordinance No. 14-90 _ Ordinance Authorizing Certain Items of Compensation Relative to Appointment of Director of Development. First Reading. Mr. Strip introduced the Ordinance. Mr. "arding noted that the Ordinance seeks authorization for three items of compensation relative to. the appointment of a new Director of Development - a temporary housing allowance in the amount of $500/month for a duration of three months which may be extended subject to the approval of Council; a moving allowance equal to one month's salary; and a vehicle Ullowance of $300/month. Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mr. Campbell seconded the motion. Vote - Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; Ms. Maurer, yes; Mr. Amorose, yes. Mr. "arding formally announced the appointment of Mr. Terry Foegler as the new Director of Development and said that Mr. Foegler will begin !. work with the City of Dublin on February 20, 1990. i . ' , Resolution No. 09-90 _ Resolution Adopting a Land Use Plan for an Area in the Vicinity of the Tuttle Road Crossing Interchange. Mr. Smith suggested, rather than a Resolution, that Council pass a motion to give the intended land use to the property so that the applicant can go ~head and start their zoning changes. Mr. Amorose moved as follows: "I hereby move the approval of the adoption of the land use plan for an area in the vicinity of the Tuttle Crossing inter- change with the following specific sections: 1- That the land use map entitled "City of Dublin, Southwest Area Plan", dated January 29, 1990 is hereby adopted as the land use and roadway plan for an area now within the City and in unincorporated areas expected to be annexed to the City. 2. That it is the intention of this Council to encourage rezonings in accord with the adopted plan. 3. That all rezoning applications for property associated with the development of Tuttle Crossing interchange and Development Plan be hereby accepted for processing upon the approval of the annexation request by the Franklin County Commissionersi 4. That it is the intention of this Council to adjust the open I space dedication for all residential developments associated <..- . with the development of the Tuttle Crossing interchange in favor of an open space fee to be established at the time of the rezoning. 5. That this motion be effective forthwith as it is necessary for the orderly growth of the municipality and promoting the general health, safety and welfare of its residents. Mr. Sutphen seconded the motion. '; " 't_., .,...' ~"'i'~' .,~'''''';-j!'~' " ,'0. ..., ~ ..,.......~..... .... ,.' '" .....~ .., ."... .... .'" '.. ... . RECORD OF PROCEEDINGS Minutes of Dublin C~ty Council Meeting Meeting .~,,-_~~-:,,=-:-,-=i~iJmItG!il;~~32.. 'OHM NO. Il5T1n --'- -_.--- --.----.- .----.-..-.----- Held Februarv 5, 1990 19 . -.- -- -...-.-.' . -..-.---------- ----------.-.-----.-- ... -' ---. --" . _~_._... __.... _ __..un ~ - -. -..---.--.---.--.--.------.---..-.- ..--..- ----- .. ___. _u _____.._. ...- Page Nine I , ' ," '~ Mr. Bowman reported that there are specific designations which he would I like Council to consider, and that there are general designations , where staff did not work closely with the property owners, but that t' staff has subsequently been in contact with some of them and there are concerns. In going over the plan briefly, Mr. Bowman noted that the plan is a refinement of other plans that have been seen for the area; that this is a refinement of the one that was passed and which was published as part of the merger document. He noted that the plan is consistent with the comprehensive plan in that there is a transitional. belt around the outerbelt, around 270, with the heavier uses and then moving out to more residential uses. 'Mr. Bowman said that the key aspect to the plan is a roadway network which separates the different land uses in the plan. The most fragile land use in,l the quadrant is the single family residential which is currently under construction. The roadway system, in order to keep the single family insulated, would cut off Wilcox Road and make it a single family collector street and I I also will try to discourage through traffic on Rings Road. i He said that he had met with those persons involved with specific pieces for which there will be specific zoning requests, namely the multi-family zoning just north of Tuttle Road extended and east of Wilcox, etc. " Bowman reported that the roadway network will also, in a sense, I Mr. relocate Wilcox Road to preserve the single family to the north, thus separating it from the multi-family and office uses to the south. Mr. Bowman referred to a designation called special commercial, noting that staff will be making a study to come up with some kind of standard for the special commercial - it being more of a town center, a smaller, neighborhood-type commercial district. Mr. Bowman said that he felt that the key to the map at present for the purpose of the annexation was the properties that have specific zoning districts attached to them _ three R-12 parcels and one SO parcel. He said that he would like some indication from Council that that is the direction in which Council wants to move on those properties, direction on adjustment of the open space requirement. He noted also that those are the properties that were also suggested could apply for . zoning immediately following the approval of the annexation by the Franklin County Commissioners. Mr. Campbell requested that the specific parcels be identifed for the ~ "1 record. Mrs. King said that this is a comprehensive issue that deserves thorough discussion. At the suggestion of Mr. Smith who noted that there has been considerable threatened litigation, Mr. Sutphen moved to adjourn to executive session. Mrs. King seconded the motion. Mr. Sutphen withdrew his motion to adjourn to executive session until the remainder of the business of Council had been completed. Request for Ded Tax Funds - Dublin Historical Society. . Mr. David Hartman, former president of the Dublin Historical society, and Mr. Jack Walters, architect, were present to answer questions, etc. Mr. Strip reported that Mr. Hartman had met with the Finance Committee (Ms. Maurer and Mr. Strip) and had given them a tour of the Coffman Homestead. He noted that he had reservations about allocating $80,000 of bed tax funds for the various projects as requested, but said that he would support the installation of heating and air conditioning at an approxi- mate cost of $17,000.00, as well as an additional $2500 to begin : purchasing an available period stove. i ., "'f"; ',',; JUL-31-90 rUE 16:52 C In OF DUBLI N FAX HO. 614889014U P.Ol : , .,";:,1 '.,' RECORD OF PROCEEDINGS ~ ',' l' ' I, Mlnulcs of Dublin Ciry Council Meeting ,Mel!,~I.ng " j " .,. ! ' ~ '," :::::=-----'...-f;:;r.i!"!'1rG\.:i~~2...I"lfI.r'~Q,::'lr1O"- -, -- ,,'._, ---- ..~~ .,.'.' -.....-..--- -.- j Held FebruHY 5, 1990 ! 19_ ............... ..._~ --.--'- ~ .,,-:":-=.._..__.....::-l~-=- ~.~-_. .-',- ==~ - ~.-===,,--,.- -""~~ - --- ..-= -- ,,-~.,. . Page twelve , The illcon~istency nnd difference of the driveway approaches on tho I ~tr~et was also nuted, nnd it wa~ also mentioned that some of the driv~- " ! WAY approaches hnd sidewalks ndd~d to them, some do not. Mr. Sutphen commented that he thought sidewalks should have bHn , required and thut he felt that the City should pay for them. ~ It was noted that had sidewalks been bullt at the time of construction of the homes that the cost of that construction would have boen added in some manner to the purchase price of the home. Mr. Hnn91~y mentioned thut enother process hBd been suSgested - the City doing the engineering, providing ~pecifications, and giving everyone o cCl'tain period of time in which to have their sidewalk built. H at the end of thllt tim.a a homeowner had not had the sidewalk built, thlln the City could h>lve thnt !lecti.on put ill, the cost being assessed b~ck to the property cwner. It was determined that at un ~pproximat' cost of $4/1ine31 foot that the hCll1leowner would be assessed opproximately $30/ye3r. Hr. ^morose sold that he did not feel that the City could start a policy of providing sidewalks. Hr. Hansley soid thot Rraff would prepore some rough engineering, and get some quotas from a couple of contractorS, and meet with th~ l'esidents to gi\'en thorn the in(ormlltion And determille an equitable solution .15 l'cgl1l'ds thl! sidewtllks in this area. i Mr. Campbell moved to allow 15 minutes on the Council agenda, after corresp':mdece, before the commencement of the regular agl.!nda for comments from citi~ens, the time to be divided 81nOug thos" signing up to speak, the ti10EI allotted being 1S mInutes. This procedure will be tried [or tloree months, after wh teh t im~ Council will rev iew the procedure to determine if it should be continued. Hr. Sutphon seconded the motion. \ Vote Mr. Amorose, yes; Mr. Campbell, yes; HI'S. King, yesl (but I'd l'other it b~ holt an hour); Ms. Maurer, ye!; (hale hour)l Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen. yes. , Vut~ on Mt. Sutphen's motion to adjourn te executive session, followed ; by Mrs. KJ.ng's seconu "as os followsl Mayor Rozanski, yesj Hrs. Kil1g, >'esl Mr. ^moroSQ, yesl ~lr. Sutphen, yesj Mr. Strip, YQSI Ms. M~urer, yes; Mr. Cnmpbell, yes. Polloving Council's return to tloe regular meoting Mr. Amorosa withdrew his Inot i.on regarding the land u~e plan for the lIrell in the vicinity of the Tuttle Road Crossing Interchange - (Pa~o 8 of these minutes.) Mr. Cnmphell oloved that 8 Statement of Intention of the Dublin City Council is as tollowSI 1 . That the Lnnd Use Hap entitled "City of Dublin, Southwest Arell Plan" dot~d January 29, 1990 is hereby adopted as the lond use and road- way plAn for all area nuw within the City and in l,"in,~orporatl!d areas expecteu to be annexed to the city. It i~ the expectation of Council that staff \~111 meet with developers to reUne the plan. 2. Thl'lt it l.s the intention of this Council to ell<~OUrD~C rezonings in accord with the adopted plan for ~pecific propertl~s. 3. That all rezoning applications for property associated with the development of Tuttle Crossing Interchange and Development Plan are hereby oec,~pted fer processing upon the IlPproval of the allllel<ll- tion requ"st by the Prlinklin County Commissioners. 4. ThDt it is the inLel1tioro oE this Council to adjust thl'! open space dedlcutlon for resldantial developments dcsignl.ltad in Exhibit A D~sociated wlth the development of the Tuttle Crossing Interchange il fovor of an open space fee to be established at the tim~ of rezoning .\. JUL-31-90 rUE 16:53 CITY or DUBLIN F AX NO. 6148890740 P. U2 RECORD OF PROCEEDINGS .i\linutes or Dublin City Council Meeting MCCltlng :=::::::--=~=::-=J~/.t ~i..' !L!~n::.:.r.r;~~:a1-' :..::..::=:==:=....-::.:::.-..::-__.______M -,.....~- I ~~......- .- j Heh:L_"r.:,~:..':.A~~~~.~:_O__ - " ...._.._,__,______19___., "l.....-".-:-~===:!.~~.~ '.'--- ....~. -~~~ - --- ::-:-=--.. '..-.- ...--.- ..._~==--_. -..........,. -~ ,.; . P..g~ 'rhitl'lt!n Hr. Sutphen seconded the moticn. Vote _ Mr. Campbell, yes; Mt'. Sutphen, ye~; Its. M(lur~r, YOGI Ml', ....rnorose, I yes; Mrs. King, yes; Mayor Roznnski, yesl Mr. Strip, ye5, Commcnte f~om Staff Mr. Ha~dlng thnnked the following persQn~ who 5erved on the Police Ellnminlng B08l'd, Interv iew i ng 46 cllnd idates withi n thue days. Ill'. Willard Chamber~, Pa~tot' Tert'Y Hofecker, Nun Metz, Sgt. Bob Roederer, Officer HAndy Wilson ~nd Officer John Kreuz. Mr. Willis 1. Reported thtit stafr ha$ been given the location of some of the Inflo and ttHlt staff is in the process of verifying that information and Ilorlfylng those homC!owllers affected, of the appropriate action that needs to b~ tal:en. Staff ha~ also identified and are verifying 10c~tionS of defective manholes. Several Council lIIelllber~ .Iore concerned that nlore substantial amounts of inflow of storm wuter into the ~allitary sewer system h~ve not been found, cubstantial enough amount5 to cause the tYFe~ of spills that have occurred Bt the Itft station. M:JY()l' ~ozan~ki said that he could not imagine 8 few dowllspouts or ; perimeter drallls on houseg solving the Clty'6 inflow proLlems. Mr. Willis s:Jid that no big nource has been found. Nr, Call1pb~ll and Mr. Sutphen $1J88~sLed that shopping center parkillg lot~ and cen,pany parking tots be checked; that there must be something being overlooked. 2. Rcportad that the County has verbally agrced to authorize Dublin to I use $215,000 of county license plate money for use on tho Muirfield Drlvl! conllection, the sOGtlon running from Brand Road south to Sells Middle School area. Mr. McDaniel I. The request for proposals regarding public relations' assistance for the bond issues were mailed out approximately two weeks ago to 15 Centrnl Ohio firms. The proposnls returned will be ~valunted nnd ~ report mnde to Council i" th~ near future. Ms. Jordon 1- ^sk~d members of Coune! 1 to look (,ver t.he packet of material 011 the propo$~d regional lee rink and said that she would be available to answer questions. COIJIlc1 l Roundtable DiscussIon " Hr. Sutphan :' 1- Reported thnt many orca businesses, o(flc~s hllve T1\)t complied with tha Ordinance which requires them to have upright. standing handicDl'ped pnrking sIgns liS ".ell liS being required to have the EMle sign painted on the parking $paces, It was agreed that the Ordinance needs to be enforced. " " MEMORANDUM To: Council From: Tim Hansley Subject: Commitments in SW Dublin Date: August 2, 1990 Initiated by: Bobbie Clarke, Patrik Bowman, Steve Smith, Mitch Banchefsky, Terry Foegler, Janet Jordan This is intended as a synopsis of the background and agreements, as recalled and/or recorded by the various City staff members, surrounding the 500-acre annexation from Washington Township to the southwest quadrant of Dublin. Most of the pertinent discussions regarding City II commitments II took place in open Council meetings or executive sessions, with follow-up meetings with the City Manager, Law Director, or various members of the Staff and with countless phone calls among the annexation agent and petitioners, other land owners, Mr. Edwards and his partners, several interested lawyers, potential developers, Council and Staff. While they were tumultuous days between the November election and the February Franklin County Commissioner's meeting, Staff believes the following represents the major part of the agreement made. Mr. Edwards had control of several parcels in the southwest area, one of which had enormous revenue-producing potential along 1-270 (the Smith property-"A"). He was interested in developing high-rise offices on it and obtaining zoning (for later sale to other developers) on two other sites (Porter/Maddox-"B" and Windmiller-"C"). Mr. Edwards was interested in annexation to Dublin if, and only if, he was reasonably assured that he would be able to develop the properties in the manner he desired. Dublin was at the time interested in securing the annexation of the Smith property and in providing Mr. Edwards with a sufficient "level of comfort" so that he would not oppose the annexation at the Franklin County hearing. Mr. Edwards made several specific requests, and in consideration of the strategic benefit which the Tuttle Crossing interchange had brought Dublin, City Council accommodated. Council went further to state that any relaxation of standards would apply only to this developer or his parcels in the southwest area and only to developers in other areas who privately fund freeway interchanges or equivalent public improvements. In order to provide that level of comfort to Mr. Edwards, the City was in part to adopt a land use plan for the 500-acre annexation area as an indication of its intentions as to later zoning. This was accomplished just prior to the County Commissioners' meeting. The Planning Division, in conjunction with its consultant Bohm-NBBJ, prepared the "Proposed Southwest Area Plan" during the month of January. The conceptual plan was distributed to the Planning and Zoning Commission and Council for -2- review and comment, and both groups, informally at least, approved it in concept. Specific zoning classifications were indicated on Areas "A", "B", and "c" in order to formally specify the City's land use commitments to Mr. Edwards; general land uses were indicated on the balance of the land to show how the overall development of the area could logically proceed; and proposed rights-of-way widths for a conceptual arterial street system based on those land uses were shown. The City was also asked by Mr. Edwards to expedite the rezoning process, relieve this developer of some new roadway construction and responsibilities, reduce the usual park dedication requirement for the multi-family parcels, insure 12 units per acre density, provide for zoning classifications which limit repeat appearances before the Planning and Zoning Commission ("straight zoning," not PUD), and change a few specific development standards. The Council responded by agreeing to accept rezoning applications immediately following the February Commissioners' vote on the annexation, instead of deferring them until July. The Staff responded by meeting with Mr. Edwards and his attorney and agreeing upon the mechanisms which would be used to achieve these ends. These were generally agreed to by the Staff and the developer's representatives, and with regard to the specific parcels, this is the understanding: Smith Property "A" 1) SO, Suburban Office and Institutional District. 2) The applicant requested a height variance to permit multi-story offices along I-270--none is needed. 3) The applicant wanted a 25-foot setback along 1-270 instead of 50 feet. The City Staff and Council in executive session agreed to accept this change by the applicant's plat when Coffman Extension (aka Britton Parkway) is platted. 4) Coffman Extension will be dedicated and constructed by Mr. Edwards or his successor but not immediately--to be triggered by substantial development of the site or when road connects to the north. Porter/Maddox Property "B" 1) R-12, Urban Residential District--with evidence of commitment to "quality development" to be demonstrated by applicant. This is being addressed by voluntary site plan review at Planning Commission and submission of development text. 2) The applicant requested relief on park dedication requirement and is contributing $100,000 to City and providing recreational amenities within the apartment projects(s) and this was agreed to by Council in executive sessions. 3) The applicant requested relief from construction of Wilcox-Rings Connector shown on proposed Southwest Area Plan because he did not need this road. He offered to provide half of the necessary right-of-way (30 feet) along his north property line, provided he I I .. I . . - f?J01r - .... - \ \\ " I .g " II (5 .g (5 'I - \1 .)\ ~- I , ~ t ~ 5 \------- . --- " ~"' .g I 5 I t I .~ \ 'S!; .!::J il~ ~ p~ -r 0 . N Z . I ~ i ~\ + ...... ~i 0 x' ~\1E >- >- 0:5 j E ~\i!! 01-1 ~ ~~i 0 Qj' i\5 ~- ~' (ij ~ ;:; \ r-~J ..: . . : I I ~ % ; I : '" : I_ I ! ~ ." I , Lg '-- ~ <ii ::1 ,;1' ',J " P ; j: i, ; il . i ~ ,c- o ~~ : 1 . ~. i "j"l Co. ': :=-______---=--J I .." - - . I - , .. -L~-____~~---s---------- _. ! ._ ,~i-. -: ,...~ ,,"- ' . -,.' ", ." ._~..- " ..... , ,..-.. - [ :: I.' ~ . i " '/ ,.-." J !: :z ~ X ;' [' :: : :\ // ./ ;:?/ ,j> ;/ ;? ; .'/ ,,;//;?/ : ~ ,;?y/ ./ .. ,/ . ./ ,;/ .:,// ./ // . ;~,.'.:- ;/: /' . The applicant/owner bereby acknowledges that approval of (his) (her) (its) request for rezoning to DR category by the Dublin Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said applicant. The City of Dublin will make every effort to have these services available as needed. However, the rapid growth of the City of Dublin and Northwest Franklin County has stretched the City's capacity to provide these services to the limit. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date. The undersigned hereby acknowledges and understands the foregoing. 2/26/90 Date Signature of A plicant or authorized representative thereof. On behalf of: F.A. Kohler Co. Applicant February 26, 1990 We have reviewed the foregoing land use application and agree to its being submitted and processed for approval by the City of Dublin. We are the owners of the land in question, but are in contract to sell to the F. A. Kohler Co. ~~~~~ ~/~-uC?~ Rita Porter 7fJ h~ ..{:'or(..)o.,..cJeJ. a4- (~r d...k. Ursula Maddox Legal Description Porter tr acts Applicant: F.A. Kohler Co. Situated in the County of Fr anklin and in the State of Ohio and in the Tow nship of Washington, and being p art of Virginia Military Survey No. 3011, and bounded and described as follows: From an iron pin marking the intersection of the centerlines of Wilcox Road (60' ) and Tuttle Road (50' ) , proceed N. 60 30' W. along the center line of said Wilcox Road 891.00 feet to an iron pin, the point of be ginning; thence continue N. 60 30' W. along the centerline of said Wilcox Road 730.35 feet to an iron pin; thence N. 830 37' 30" E . 1 , 547 . 36 feet to a 9" wood post, passing an iron pin at 30.00 feet; thence S. 60 30' 30" E 1,112.50 feet to an iron pin; thence S. 830 29' W. 950.60 feet to an iron pin; thence S. 60 31' E. 205.00 feet to an iron pin; S. 830 29' W. 299.91 feet to an iron pin; thence N. 60 30' W. 591.00 feet to a 6" wood post; thence S. 830 29' W. 297.00 feet to an iron pin, the point of beginning, passing an iron pin at 267.00 feet, and containing 38.368 acres. , Tuttle Crossings Porter and Maddox tr acts ; 38.368 acres E of Wilcox Road, W of Brittnn Pkwy. Property Owners list Robert L. Barney Harry G. Kaszewicz 7192 Dublin Road Mary M. Kaszewicz Dublin, Ohio 43017 5570 Tuttle Road Dublin, Ohio 43017 Thomas E. Watkins , Sr. Susan A. Watkins Darrel G. Mahanna 5488 WDcox Road Stella W. M ahanna Dublin, Ohio 4301 7 5550 Tuttle Road Dublin, Ohio 43017 Katherine A. Tatt:erson 5472 Wilcox Road Edison C. Nelson Dublin, Ohio 43017 Susie K. Nelson 5530 Tuttle Road Kim J. Davies Dublin, Ohio 4301 7 5472 Wilcox Road Dublin, Ohio 43017 John P. Stewart Sherrie L. Stewart Charles o. Holliday 5510 Tuttle Road Mary M. Holliday Dublin, Ohio 43017 5450 Wilcox Road Dublin, Ohio 4301 7 Alvin R. Whitehead Janet C. Whitehead Edward W. Williams 5490 Tuttle Road Virginia Katherine Williams Du blin, Ohio 4301 7 5424 Wilcox Road Dublin, Ohio 4301 7 Harold E. DeRhodes Helen J. De Rho des David H. Ge ase 5565 Wilcox Road Delores Ge ase Dublin, Ohio 4301 7 5713 Cosgray Road Amlin, Ohio 43002 Wilbert Martin Bell Christine S. Bell James M. Johnson 5585 WDcox Road Judy A. Johnson Dublin, Ohio 4301 7 5654 Tuttle Road Du blin, Ohio 4301 7 Donald J. Muir Margaret A. Schubbe Leah Margaret Norris 5611 WDcox Road 5610 Tuttle road Dublin, Ohio 43017 Dublin, Ohio 4301 7 Wilcox-Tuttle Limited Samuel L. Stille c/o Multicon Bldrs. Susan C. Stille 941 Chatham Lane 5590 Tuttle Road Colum bus , Ohio 43221 Dublin, Ohio 43017 -- ~'V- -. - - o OAD ' N oa"!t/orJ" W --.. 101.00' 11= 11= I!! iji!~ ij il .... a ~ a I al: ali a ~... I' ;- -< - . ..,. \ DAW) H." I ..- \ I.... AaD WHII._ i ! I z I ,.... ACllO 1JI~ ~ I~ I -<-I i I I ..........L. oX! ;lklSl !~ 2 IlJSAII C. I1lU f11r ; ~ '.731 ..",." (101AL) f11J:l a ~ls:"::I B I CD N I I c;I;II r~~ a ill rn '! ~ i!i~ ! I II ):I ~ ..... IIIl1..W. 01"11 !\l I KAI2EWCZ co "m ...... (101AL) Ole> ~ II I I 0 ~;II I .. ~" I ~ i JM 0NtN1. .. .. .... ell", -<! \ \ IIAHANHA r-' ,.n. N:JiIDJ (101AL) .. )>0 a . f" Z :;o- j \ \ I11Z IllIllllN C. . IUIAII IC. lJ'li' IELOOH - \ 1.13' N:JiIDJ (101AL) ~\\\. ..... Po .. ItEJIfY L ~ "'~ S1iWAAT ~ '.731 AaD (101AL) ""- "- "'" , A.1t. ....0. vmH<AD 1.321 AaD ~~i ~ -- ~ "Em .. I ih5... alY Of COUJllllUS CORPORA nON UNE ~ I I QRD, NO, 1882-87. O,R, V, 10872 E18 ~i~ ~ 10-00' ~~I ~ ! ----- ,...;- __ PROPO!oE:D 8RlTON PARKWAY i~ lJ E XTENS ION /"'------ ~AJ ~!fO ~llJ g~ ~fTl I~~I r~ zn ~eii el~, .-< 0- I~II U> ~~E:;Z ~ ~ " ~ ..... ~~o ~ ;0 ,~~I 0_ :II ~tljll~m l:J )> r ' a ! 0 .... i~~~IIl~~ III ~O-<?Z ~ I lJ N , >o~ ~ g- N "'t:~ ~ ~ ~E dl ~~ia 'P I 15. --l III '" . ~ " )l .. S1 o- r 0 0 -- I .... . ~ 3/28/90 3/30/90 5/9/90(1) 5/9/90(2) ~ ~ . 6/7/90 , , 7/9/90 7/11/90 DEVELOPMENT STANDARDS Rezoning Application 90-003 38.368 acres E. of Wilcox Ro ad, N. of Tuttle Road 1. Perm itte d Uses: The uses that are permitted are those s pecifie d in the Urban Res ide ntia 1 Zo n in g Dis tric t ( C hap te r 1157) of the City of Du blin, Ohio. 2. Development Standards: De ve 10 pme nt of the site shall be gover ne d by the de velopme nt standards set out in the Urban Residential zoning ordinance and such further re q u~.r.e me nts as are spec Uie d in this text. This text is vo lu nteere d by the a p p lic ant for rezoning, and the re prese ntatio n is im p licit that these additional re prese ntations are made with the agreement of the a p p 1 ic ant. 3. Yard and Setback Re q uireme nts: The minimum setback for all buildings and parking shall be go ve r ne d by Dublin Code. Howe ver, for the are a of W ilc 0 x Road north of the existing homes, the building setback shall be 50 feet from the edge of the new rig ht of way. 4. Traffic and Circulation: a. . Curbcuts. Curbcuts on ~Jilcox Road and on the re lac ate d Wilcox/Rings Road a 10 n g the no r t h side of the site shall have a minimum 200 foot spacing from other curbcuts (except sin g Ie family driveways) and pub lic streets. The proposed curbcuts shall either a lig n with cuts on the other side of the respective street or shall be offset from the other side of the respective street cuts by at le ast 100 feet (measured from the ce nterline of each curbcut). b. De dic atio n of Right of Way: A p P lic ant s hall de die ate 30' of right of way a 10 n g the north and west property lines in loc a tio ns necessary to provide right of way for the re loc atio n of Rings/Wilcox Road to conform with the p la ns submitted herewith. A p P lic ant shall de dic ate prese ntly held highway easements in fee, providing the 1a n d continues to be used for highway purposes. c. Co ns tr uc tio n of Ro a d way: Construction of the re loc atio n of Rings/Wilcox Road is the res pons ibility of governmental authorities and not the a p p lic ant. d. Applicant will obtain approval from fire authorities that appropriate access for emergency s e r v ic e s is provide d to the site. e. Prim ary access to the site shall be from Britto n Parkway, with secondary access to be from W ilco x Road. If the re loc ation of Wilcox/ Rings Roads occurs, A p P lic ant I s site pla n shall a d dress access and c ire ulatio n with re gar d to the new roadway s y s te m . ~EVELOPMENT STANDARDS I - Rezo.ning Ap p lie ation 90-003 38.368 acres E. of Wilcox Ro ad, N. of Tuttle Road .. Page 2; version of 7/11/90 5. Landscaping: ~.:.- a. Du blin Code Chapter .p87 will go ve r n landscaping re q uireme nts. b. There are prese ntly four sin g le fam ily homes a 10 n g the east side of W ilea x Road that access W ilco x Road, the Johnson, Holliday, T atterso n/ Da vies and Watkins residences. A 10 n g the rear (e ast) of these homes there is a 100 foot area e x te n din g east from the lot lines that is tre ate d as fo 110 w s : 1st 25 feet from lot line: All vegetation and trees to be fe nce d and preserved. Existing gaps in tree line for two norther n houses to be fille d with appropriate plantings. For two southern houses, if any co ns tr uc tio n of buildings or parking lots ta kes place south of the ditc h then a p p lie ant will insta 11 a 3 to 4 foot earthern mound with plantings providing a minim urn 757. s urn mer opacity at 6 feet a bo ve gr a de. 2nd 25 feet from lot line: .~o build zone e xce pt for utilities, bike ..~... paths and landscaping. A 50 foot no build zone with sim ilar restrictions e x is ts a 10 n g the north line of the norther nmost house(Watkins). 50 to 100 feet from lot lines: special tre atme nt area disc usse d in part 10, architecture, be 10 w . All limitations in the entire 100 feet from the rear of the a bo ve four houses will ce ase at any time that all four homes are converted to nonresidential use. c. Alo n g the ditc h at the southern boundary of the site, e xce pt for that portion of the site that e xte nds south of the d itc h, "the notch", a 25 foot zone' 'is provide d in which all existing trees will be preserve d, un le s s removal is required by pub lie authorities. d. A landscape plan for the area to the north and west of the existing single fam ily lots has been prepared, and is incorporated herein. Applicant shall make the im proveme nts in d ic ate d on the landscaping plan at the time of completion of any development a djace nt to W ilco x Road. 6. Height District: Maximum height for all buildings shall be 35' as measured per Du blin Zoning Co de . 7. Parklandl Recreational F acUities: a. In s atisfactio n of parkland de die atio n r:~.q uireme nts (Du blin Code Sections 1109.02 and 1109.021) a p p lie ant shall pay to the City of Du blin the sum of $100,000.00 for acquisition of off site parkland. b. Bikeways. A p P lic ant shall provide bikeways to connect to Du blin bikeway systems to the north and so uth of the site and to connect this bikeway to the we s te r n edge of the site. These bikeways shall be 8' in width. Location of the bikeways shall be determ ine d by a p p lie ant with the approval of the Direc tor of the Dublin Par ks and Recreation De p artme nt. c. Recreational fae ilities shall be loc ate d either in the interior of the & ite or in an area not a d j ace n t to the existing and de ve 10 pe d R-l lots -DEVELOPMENT STANDARDS \ aezoning Ap p lic atio n 90-003 . J8.368 acres E. of Wilcox lfc)ad, N. of Tuttle Road .. Page ~. version of 7/11/90 , fronting on W ilco x Ro ad, u n le s s ow ners of all four lots agree in writing to . . the contrary. . 8. Outside Lighting: Exterior lighting, other than typical residential illum in atio n of porc hes and patios, shall be sub jec t to the follow ing standards: a. all poles shall be of a d ark fi n is h . b. all lighting fixtures shall be of the c u to ff type. c. all poles shall n61 e xcee d 28' in height. d. acce nt lighting of buildings or landscaping shall be perm itte d if of c utoH variety from co nce ale d sources. e. direct or indirect glare into the eyes of motorists or pedestrians shall be avoided. Threre will be no "wall pac k" or floo d lights facing the rear of the e x is ti n g sin g le family homes on W ilco x Road. Any porc h li g h ts will be lim tie d in wattage to 100 watts in this area. Any parking lot lighting in this area will have glare shields."installed on the residential side. These lim ita tio ns will ex p ire at the time all four homes are no 10 n ge r used for reside ntial purposes. 9. Parking and Loading: Re g ulate d by Du blin Code C hap te r 1193. 10. Are hiteeture: The site plan shall in d ic a te building elevations, materials and co lors. All roofs shall be of at le as t 5/12 p itc h. Colors shall be earth tone only. In the area to the east of the four existing sin g le fam ily homes on W ilco x Road, in add itio n to the 50 foot no build zone starting at the pro perty line of those homes, there will be an additional zone betwee n 50 and 100 feet from the east property lines of those homes. In this zone, special em ph a s is on arc hitecture will be used to ens ure the privacy of the W ilco x Road res ide nts. This may entail orie ntin g buildings so that no ope ning:;; face the homes, or not having seco n d s to r y openings f aci n g the homes. The a p p lic ant may build sin g le s to r y structures (without these lim it a tio ns) or provide parkin g in this area. Buildings to be constructed a djace nt to the four R-l homes on W ilco x Road shall be architecturally detaile d and finis he d to provide a ttr ac ti ve elevations facing the R-l neigh bors. This may include a higher quality of fi n is h 0 n the side facing the homes than on comparable sides of other structures in the de ve lopme nt. 11. Site Ph n: P r io r to development, a p p lic ant "s hall prepare and forward to the Du blin Planning Department for re vie w a site plan for any portion of the site to be de ve 10 pe d . Follow in g co ns u ita tio ns with s ta ff, the site plan shall be scheduled for re view, in accor d with these standards, before the Du blin Planning and Zo n i n g Co m m is s io n in pub lie he aring. Notice shall be give n, by re gular mail, to all . property ow ners a d jo in i n g un de velo pe d portions of the tr act. . . C I T y 0 F D U B L I N NOTICE OF PUBLIC HEARING DUBLIN CITY COUNCIL MEETING Monday, July 16, 1990 7:30 P.M. There will be a Public Hearing on Ordinance No. 33-90 at the Dublin City Council Meeting on Monday, July 16, 1990 at 7:30 P.M. in the Council Chambers at 6665 Coffman Road. The title of said Ordinance is: AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 38.368 ACRE TRACT LOCATED ON THE EAST SIDE OF WILCOX ROAD APPROXI- MATELY 900 FEET NORTH OF TUTTLE ROAD. TO BE REZONED FROM: R-1A , RESTRICTED SUBURBAN RESIDENTIAL DISTRICT (current Washington Township zoning) TO: R-12, URBAN RESIDENTIAL DISTRICT Rezoning Application - Z90-003 Location: 38.368 acres located on the east side of Wilcox Road, approxi- mately 900 feet north of Tuttle Road Existing Zoning: R~lA, Restricted Suburban Residential District (current Washington Township zoning) Request: R-12, Urban Residential District Proposed Use: Multi~family residential development Applicant: F. A. Kohler Company, c/o Christopher Cline 6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500 Dublin . . , where yesterday meets tomorrow 7665797 P.02 .. 14:27 FROM BOHM-NBBJ JLL-11-1990 i . .' 0 - r . , . ~O - . (' I ,. I! ....- ..-. . . . , .. .. ~N ~ J.?~ i/N~7 .I'1f1Jft - ),...1. # · -9:41) g ~S""~ - - /~.1./dn _ tlJIJ')fI" _ _ /-U.--J _ ~ .,,,- - - -- - - ~~'--~o..,:Tt. :A.',; - ~': ,:..':1('_ ~- - r!= ~ or '" , C I T y 0 F 0 U B L I N Department of Planning & Development MINUTES OF MEETING DUBLIN PLANNING AND ZONING COMMISSION JUNE 7, 1990 7:30 P.M. 1. Rezoning Application - Z90-003 2. Concept Plan - Proposed Phase 44 of Muirfield Village Scheduled but not discussed. 3. Concept Plan - Proposed Phase 45 of Muirfield Village Scheduled but not discussed. 4. Corridor Development District - CDD90-007 - David Hobbs BMW (Dublin Village Center) - 3890 Tuller Road 5. Corridor Development District - CDD90-006 - Rax Restaurant 6. Rezoning Application - Z90-001 - Starkey/Coffman 7. Final Development Plan - Brandon Section 5, Par I 8. Conditional Use - CU90-90-005 - Auto repair The meeting of the Dublin Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Geese. Other Commission members in attendance were Mr. Amorose, Mr. Berlin, Mr. Kranstuber, Mr. Leffler, Mr. Manus and Mrs. Melvin. Staff members in attendance were Mr. Bowman, Ms. Clarke, Mr. Willis, Mr. Mack, Mr. Covey, Mr. Jones, Ms. Jordan and Mr. Banchefsky. - 1. Rezoning Application - Z90-003 All were familiar with this area so Mr. Geese felt the slides were unnecessary. After several meetings with attorneys for the applicant, area residents, and Chris Cline, these parties were still some distance apart on setback, no build zone and materials to be used for the apartments. Residents are requesting similar standards which are used in other locations such as Perimeter Lakes. This application was tabled last month to give the Commission a chance to further review this the standards. Mr. Cline mentioned that there is a request for a 100-foot setback along Wilcox Rd. to the north of the four single-family homes. Also a request for a 50-foot no-build zone to the east of those homes while preserving all of the existing trees and obtaining the set back, also a 30 foot no-build zone to the north of the last single-family home. Mr. Cline has met with the Franklin County Engineer's office twice this past week. The County is working on the straightening of Wilcox Rd. even though as of July 3rd, it will be in the City of Dublin. A possible solution to traffic might be extending Tuttle Road on through to Avery Road. More meetings are scheduled in the next few weeks for Dublin and the County determining to what extent the County is willing to underwrite improvements. Mr. Cline mentioned the need to build utilities, bike path and landscaping in that area. Two acres to the south of the tree 5131 Post Rd, Suite #105 Dublin, Ohio 43017 614,761.6553 FAX 614.7616566 line (residents refer to it as "the notch") which the residents have requested to have undeveloped. Mr. Cline stated that is not something they can do. He said the notich will more than likely be used as a density credit, to sit there undeveloped, or it may be added to one of the lots on Tuttle or Wilcox Roads if someone wanted to expand those sites. They can commit to the request of earthtone colors for the entire site but can not commit to natural materials. Man-made materials used in multi-family sites resemble, wear better and are more easily maintained in the long run, than natural materials. Columbus and Dublin have come to an agreement as to the alignment of Tuttle Rd. Mr. Geese inquired if the property is in Dublin. Mr. Cline responded that barring the filing by July 3rd of a referendum by the citizens of Dublin, it's in Dublin and there is no court mechanism that can stop it otherwise. Mr. Cline mentioned he will not ask Council to have a public hearing on the rezoning and to pass it until after July 3rd. Regarding the parcel to the west, (Windmiller property) the rezoning has been filed. They filed a proposed preliminary plat in which they propose to dedicate the entire 80-foot right-of-way of Tuttle Rd. plus this realignment of Wilcox Rd. One thing to be changed on the standards regarding the park contribution, there was to be a cash contribution for this parcel and the multi-family parcel to the west rather than an actual contribution of land. We have reached agreement with the Parks Department and Planning and Zoning that the entire piece is designated as single family in the Windmiller rezoning, consisting of a little bit over 7 1/2 acres, would be contributed as park for both of these two two sites. Kathy Tatterson, a Wilcox Rd. resident, referred to the meeting on May 30 with Mr. Bowman and Ms. Clarke and the area neighbors to discuss curb cuts being at least 200 feet away from the existing driveways, that all exterior lighting be - cut-off lighting with house side shields, that all structures be finished with the same materials on all four sides and that natural materials be used, that the existing tree line be maintained on all sides where it borders the existing R-l properties, and where the tree line is broken on the west side of the property, that screening be installed to a height of 6 feet because there are several breaks in the tree line. She asked that the portion of the property that borders the Watkins' property, which is the farthest north house, be completely mounded and screened with plantings which are opaque to a height of 6 feet with evergreens or a fence be constructed. In addition, they had several major concerns regarding drainage and the protection of the existing trees. The area is low-lying and it slopes to the south and west. They request that the site plan review include a storm water review. Ms. Tatterson mentioned the tree line is 30-35 feet wide in some areas and they would like to see that remain. Because their area is a very low density, that there be a lOa-foot no-build zone. In other words, 100 feet to the first dwelling structure, 50-feet to any garage or parking structure and that that garage or parking structure be screened to code to create a zone of transition from the existing ranch homes, then a step up to the garages and then a step up to the 35-foot height limitations for the R-12 property. From the City of Dublin, she is requesting that a cul-de-sac be put in place that is simultaneous with the development of this property (Wilcox Rd.). Ms. Tatterson mentioned that the traffic is rapidly increasing. Ms. Clarke and Mr. Cline displayed diagrams of the development. Commission members and residents gathered to look over diagrams. Mr. Geese asked for Mrs. Tatterson's summary. She stated, the residents feel that when the rezoning is approved that their homes will no longer have any value on the open market as homes, nor will they have any value as commercial development. Because of the agreement that was made by City Council to go ahead with this, they feel their hands are tied as far as any creative solutions that could have been brought to bear on this area and they feel that no amount of buffering or landscaping will ever make up for that. They feel they have been damaged and are looking for the Commission's help to help them minimize their losses and to try to get this back on the right track. Mr. Geese asked for additional comments from the audience. Another resident commented he was concerned about the location of the cul-de-sac on Wilcox Road coming south on Wilcox Road. He mentioned it doesn't even touch his property. He said it would take away his right-of-way and cause him to lose additional right-of-way beyond the cul-de-sac. Mr. Cline addressed the residents. He mentioned the development standards answer several of the residents' questions. Regarding the 200 foot curb cut from a private driveway, he doesn't think will be a problem, but until he has the site plan alignment, he can't commit to that. Cutoff lighting is in the standards. Bronze fixtures and poles of a certain height (28 feet?). Regarding same materials on four sides, he cannot commit to that. He is anticipating that it will be a high-quality project, but a multi-family product is not one that necessarily has exactly the kind of materials on each side on these larger structures. Regarding trees, he committed in the standards that they will preserve all trees within 10 feet of the property line. Screening opaque to 6 feet. The standards that they provided last time provided for a 4 foot mound with the minimum opacity to 6 feet high. Since he - made that commitment, the request for the no-build zone has been relayed to hm. He has not met with the residents directly because after the last meeting, he met with staff and they decided they would meet with the residents. Mr. Geese asked why the 6 foot screening can't be met on the west. Mr. Cline said that is not a problem. Mr. Cline said he will pull it out of the standards where it relates to the homes along Tuttle Rd. Mr. Geese asked about maintaining the tree line within 30 feet. Mr. Cline feels that all the trees along the stream bed are within 10 feet. Mr. Geese asked the Staff when the road is going to be built, does Franklin County Commissioners and Engineers have a commitment in writing that they are going to do it in 1991 or 1992. When will it happen, will the developers, in the event that they won't do it in 1991, will the developer do it? Pat Bowman said when the plan was done, it was presented to City Council, and we felt that the road had worked with the best interest of the area. Also, we are going get the land donated. We met with Franklin County Engineer's Office, who said they would be willing to work with us on it. They had purchased the right-of-way. We feel this thing has come together the best that it can. We don't know how we will make the bend on the north (from existing Wilcox Road eastward toward Rings Road). Mr. Geese asked why the developer is not paying for the construction of a portion of it like they have done on Avery Road or Muirfield Drive. Mr. Bowman said staff is committed to work with the developer because of the major impact that Tuttle Road interchange had on many improvements in that area. We feel that with the right-of-way dedications and the other improvements that will be made eventually, that they are satisfactory and we feel good about the direction we are going. Mr. Amorose asked about the extension of Wilcox Road and how wide is the road going to be? Mr. Bowman said Wilcox Road and surrounding section will be a collector street within a 60 foot right-of-way with 30-36 feet of pavement. Mr. Amorose asked if he felt that was adequate. Mr. Bowman replied yes. Mr. Amorose asked about Tuttle Road. Mr. Bowman replied Tuttle Road will be a minimum of 5 lanes, 60 feet of pavement. Mr. Kranstuber asked why would Dublin and the County have any interest in widening? Mr. Bowman said it will need to be done anyway. There is still a jog in Wilcox Road. Wilcox will have to have some ability to be a collector type street. Mr. Cline said the Edwards Company paid about 28 million dollars for the interchange and that was a subject th~t Council felt was fairly significant in terms of addressing this before because of the contribution that has previously been made to the community. Mr. Bowman suggested that at the second review process, at that point, we will either have a commitment to approve that road or we will know where the responsibility lies. Mr. Kranstuber asked if the City feels comfortable with the land use? Mr. Bowman said yes, they feel comfortable with the land use. Mr. Cline added that Wilcox Road is not the front door to this project, that it is only a small, auxiliary access. This project will access Britton Parkway. That is where he anticipates the main traffic will go and that's where the traffic signals are going to be to get out onto Tuttle Road. There is nothing but farmland out to the west. Mrs. Melvin asked if they were to approve the zoning, including the second - review process, that there would not be any housing in the ground until the road issue would be resolved. She wished to assure that there will not be any multi-family housing or a lot of traffic that is going to be causing a lot of inconvenience to the residents who are already there. Mr. Bowman said they suggested a cul-de-sac to the south, as well, and that would be part and parcel of the road improvement. Mr. Bowman also mentioned that they want to get back to Council and close that funding decision. Mrs. Melvin requested that safe lighting for parking lots be used, while not causing an annoyance to residents who are already there. Mr. Cline assured her that there are only 4 homes within a 30 acre site. The degree to which this site impacts is only going to be a very small part of the site that is next to them. Mr. Cline expressed a problem with the setback along Wilcox Road. He said it would soon bend around to the northeast so that will be out of sight. The letter he wrote to Mrs. Clarke said that they would set the first structure north of the no-build zone (50 feet). Then we would be code setback from there on through, which would be. 30 feet. He feels this is the only significant difference with the residents. Mr. Leffler said he is not opposed to the R-12 zoning request but is opposed to the methodology used to come forward with this. One of the staff recommendations is that we make adherence to the development standards as a condition of zoning. Now it is apparent that not everyone in zoning agrees with everything that has been said. He feels a direct meeting with the residents is needed to resolve some of the details. He questioned if the rezoning of Wilcox Road can be made contingent on that realignment or construction of the road regardless of who is going to pay for it. If if is not appropriate to make it contingent, would the applicant be willing to accept no entry onto Wilcox Road since all traffic will be going east. Mr. Cline said he would not restrict entry onto Wilcox Road. Mr. Leffler said there is not enough information in the development standards to tie it to an approval at this time. Mr. Berlin said a commitment from the County Engineer for the realignment of Wilcox Road is needed. Mr. Geese expressed surprise at the fact that the main entrance will be off Britton Parkway at the east end of the property. He feels he cannot vote on this tonight because he can't agree with the land use. Unless there is a commitment with the road, he doesn't feel it will work. Mr. Geese mentioned to Mrs. Tatterson that if she comes into a meeting again with a list of items she has not given to commission members, that it will not do her any good. He needs copies of these in the future. Ms. Clarke said if the commission wants to table the application again, input is needed from them as to what the appropriate requests are. She mentioned that the Commissioners have a copy of Mr. Cline's letter which mentions what he can and cannot do. Mr. Geese asked if the neighbors have seen Mr. Cline's letter or the development standards. Mrs. Tatterson had not seen the letter but did receive a copy of the development standards from Ms. Clarke today. Mr. Cline reiterated that he distributed the development standards previous to the last meeting and they have not been revised. - Mr. Geese asked for a motion to table this issue until they can resolve the discrepancies between the developer and residents. Mr. Kranstuber said he was not as concerned with the development standards as he is with the roadways. Ms. Clarke said the roadway commitment cannot be made by the developer. The relocation of Wilcox Road is outside of his control. It's something which will require governmental action in order to be accomplished. Mr. Cline mentioned that his application is a straight zoning with a commitment to come back with a site plan. Mr. Geese asked Mr. Cline for more definitive information as to what he wants to do with this. Mr. Berlin rescinded his motion. Mr. Berlin then made a motion to approve the rezoning on the basis that the developer, residents and staff can work out the discrepancies in the development standards and that the developer can provide at least some commitment from the County Engineer that the realignment of Wilcox Road will be done. Mrs. Melvin seconded the motion. Mr. Geese said he is voting no against the usage. Mr. Banchefsky mentioned that this is a straight zoning request. He mentioned the Commission is used to having planned developments where they get to see things 3 or 4 times. He said straight zoning requests are absolutely appropriate and in this case, the developer has agreed to do more by agreeing . to back the site plan for review and approval of the Planning and Zoning Commission at a later date. The vote was as follows: Mr. Amorose, abstain; Mr. Manus, yes; Mr. Kranstuber, yes; Mr. Leffler, no; Mr. Geese, no; Mrs. Melvin, yes; Mr. Berlin, yes. (Approved 4-2-1) Mr. Geese asked Ms. Clarke what procedure was needed to deal with the compromise between the developer and the residents for the motion. Ms. Clarke said there are two positions, one 50 feet and the other 100feet. She feels a middle ground can be found on this and other issues. Mr. Geese added that the procedure for the passage of a Zoning petition is that i will be read 3 times by Council. The first reading has been heard in Council so the next procedure will be a public hearing in Council. Ms. Clarke said the formal document will be submitted to Council and will be scheduled for the public hearing. Following that hearing at City Council, there is the third reading when they will actually vote on it. The zoning will be in effect 30 days after that third reading. At earliest, it will be in effect in August. - .. -.. r \\ ~ h II - ,-l )..:... "r\:l _ I ' , \ /R-2~ tj-' " . I fi:i- I I rr: . ~ ' I _. , .---; PU D -, --.., \~ 1r, / c.-i - l -,"j /1..4 ~~ \ - "~. 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