1 CITY OF DELAWARE CITY COUNCIL CITY COUNCIL CHAMBERS

1 CITY OF DELAWARE CITY COUNCIL CITY COUNCIL CHAMBERS

CITY OF DELAWARE CITY COUNCIL CITY COUNCIL CHAMBERS 1 SOUTH SANDUSKY STREET 7:00 P.M. AGENDA 6:30 P.M. EXECUTIVE SESSION: pursuant to Ohio Revised Cod...

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CITY OF DELAWARE CITY COUNCIL CITY COUNCIL CHAMBERS 1 SOUTH SANDUSKY STREET 7:00 P.M. AGENDA 6:30 P.M. EXECUTIVE SESSION: pursuant to Ohio Revised Code Section 121.22 (G) (3) pending or imminent court action, Section 121.22 (G) (1) personnel, Section 121.22 (G) (5) matters required to be kept confidential by State statute, Section 121.22 (G) (2) acquisition of property for public purpose and 121.22(G) (8) consideration of confidential information related to a request for economic development assistance. REGULAR MEETING

JANUARY 9, 2017

1.

ROLL CALL

2.

INVOCATION

3.

PLEDGE OF ALLEGIANCE

4.

APPROVAL of the Motion Summary of the Budget Work Session meeting of Council held December 12, 2016, as recorded and transcribed. APPROVAL of the Motion Summary of the regular meeting of Council held December 12, 2016, as recorded and transcribed. APPROVAL of the Motion Summary of the Year-End Meeting of Council held December 22, 2016, as recorded and transcribed.

5.

CONSENT AGENDA

6.

LETTERS, PETITIONS, AND PUBLIC COMMENTS

7.

COMMITTEE REPORTS

8.

CONSIDERATION of Resolution No. 17-01, a resolution honoring the life of Dr. Martin Luther King, Jr.

9.

7:30 P.M. PUBLIC HEARING AND SECOND READING of Ordinance No. 16-110, an ordinance amending Section 737.01 of the City of Delaware’s Codified Ordinances, Relating to Circuses (Council Permission, License, Bond and Insurance Required). 1

10.

SECOND READING of Ordinance No. 16-111, and ordinance approving a final subdivision plat for Bowtown Delaware LTD., Old Colony Estates Phase 2 consisting of 55 single family lots on approximately 14.92 acres zoned R-4 with text limitations (Medium Density Residential District) and located on Wallace Drive, Vernon Avenue and Pilgrim Circle.

11.

SECOND READING of Ordinance No. 16-112, and ordinance approving a Preliminary Development Plan for T&R Properties for Willowbrook West consisting of 96 single family attached unites on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) Located on the west side of South Houk Road just north of Arthur Place.

12.

SECOND READING of Ordinance No. 16-113, and ordinance for approving a Preliminary Subdivision Plat for T&R Properties for Willowbrook West consisting of 96 single family attached units on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) located on the west side of South Houk Road just north of Arthur Place.

13.

CONSIDERATION of Ordinance No. 17-01, an ordinance moving the City Clerk from part-time to full-time status, and declaring and emergency.

14.

CONSIDERATION of Resolution No. 17-02, a resolution vacating the appointment of a member of the Parks and Recreation Advisory Board.

15.

CITY MANAGER’S REPORT

16.

COUNCIL COMMENTS

17.

ADJOURNMENT

2

FACT SHEET AGENDA ITEM NO: 8

DATE: 1/09/17

ORDINANCE NO:

RESOLUTION NO: 17-01

READING: FIRST

PUBLIC HEARING: NO

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA:

-----

TITLE OF PROPOSED ORDINANCE/RESOLUTION: A RESOLUTION HONORING THE LIFE OF DR. MARTIN LUTHER KING, JR. BACKGROUND: This resolution will be recognized by the Martin Luther King (MLK) Celebration Committee at the upcoming MLK Breakfast on January 16. REASON WHY LEGISLATION IS NEEDED: N/A COMMITTEE RECOMMENDATION: N/A FISCAL IMPACT(S): N/A POLICY CHANGES: N/A PRESENTER(S): Carolyn Kay Riggle, Mayor RECOMMENDATION:

RESOLUTION NO. 17-01 A RESOLUTION HONORING THE LIFE OF DR. MARTIN LUTHER KING, JR. WHEREAS, the third Monday in January of each year has been set aside as a day to celebrate the life and dream of Martin Luther King, Jr., and WHEREAS, this day should also be seen as a day to reaffirm the American ideals of freedom, justice and opportunity for all; as a day for love, not hate; for understanding, not anger; for peace, not war; and WHEREAS, on this important holiday people of all races, religions and classes in life may put aside their differences and join in a spirit of togetherness, and WHEREAS, this is a day for our nation, our state, and the City of Delaware to pay tribute to Dr. Martin Luther King, Jr., who awakened in us the best qualities of the American spirit, and WHEREAS, this is a day for nations of the world to cease all violent actions, seek nonviolent solutions and demonstrate that peace is not just a dream but a real possibility. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Delaware, State of Ohio: SECTION 1. That this resolution shall take effect and be in force immediately after its passage. PASSED: ATTEST:

, 2017

CITY CLERK

YEAS NAYS ___ ABSTAIN ____ ________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 9

DATE: 01/09/17

ORDINANCE NO: 16-110

RESOLUTION NO:

READING: SECOND

PUBLIC HEARING: YES January 9, 2017 at 7:30 p.m.

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA:

Darren Shulman, City Attorney

TITLE OF PROPOSED ORDINANCE/RESOLUTION: AN ORDINANCE AMENDING SECTION 737.01 OF THE CITY OF DELAWARE’S CODIFIED ORDINANCES, RELATING TO CIRCUSES (COUNCIL PERMISSION, LICENSE, BOND AND INSURANCE REQUIRED). BACKGROUND: Last March, in conjunction with consideration of a circus permit, Council indicated it would like staff to propose an update to the Code. The proposed changes update the requirements for getting a permit as these requirements have not been updated since 1976. In addition, the revision allows rejection of the permit if the Council finds that the circus mistreats animals. Circus Pages has started the process for a permit for their tentative circus date of March 24, 2017. The resolution will come before Council sometime in 2017. Prior to placing this item on the agenda a draft of this ordinance was provided to Circus Pages and the individuals who came to speak at the hearing last March. Update: The draft provided as part of this packet includes two potential changes drafted at Council’s request for consideration. One prohibits exotic animals and the other defines mistreatment based on APHIS citations.

REASON WHY LEGISLATION IS NEEDED: The Code has not been updated since 1976. COMMITTEE RECOMMENDATION: N/A FISCAL IMPACT(S): N/A POLICY CHANGES: Allows Council to decline to issue a permit, if Council finds that the circus has mistreated animals. PRESENTER(S): Darren Shulman, City Attorney RECOMMENDATION: ATTACHMENT(S) N/A

ORDINANCE NO. 16-110 AN ORDINANCE AMENDING SECTION 737.01 OF THE CITY OF DELAWARE’S CODIFIED ORDINANCES, RELATING TO CIRCUSES (COUNCIL PERMISSION, LICENSE, BOND AND INSURANCE REQUIRED). WHEREAS, Section 737.01 has not been amended since 1976; and WHEREAS, Council has determined that the criteria for issuing a circus permit must be updated; and NOW THEREFORE, BE IT ORDAINED by the Council of the City of Delaware; State of Ohio: SECTION 1. 737.01 of the City of Delaware Codified Ordinances shall be amended as follows: 737.01. - Council permission, license, bond and insurance required. (a) No person, firm or corporation, except a licensee under this chapter, shall operate, manage, exhibit or produce any circus, carnival or menagerie within the City. [OPTION DRAFTED AT COUNCIL’S REQUEST FOR CONSIDERATION, WHICH WOULD REQUIRE A CORRESPONDING AMENDMENT TO 505.23: A LICENSE SHALL NOT BE ISSUED FOR A CIRCUS, CARNIVAL, OR MENAGERIE THAT INCLUDES WILD OR EXOTIC ANIMALS, AS DEFINED BY 505.23 OF THE DELAWARE CODIFIED ORDINANCES]. (b) Every person, firm or corporation desiring to engage in such business shall secure the permission of Council therefor, and shall obtain from the City Manager a license therefor, for which a fee of ten dollars ($10.00) per day THE FEE SET FORTH IN THE FEE SCHEDULE of presence and/or operation in the City shall be PAID charged. A LICENSE APPLICATION MUST BE SUBMITTED AT LEAST 30 DAYS PRIOR TO THE EVENT. IF TIMELY FILED, the permission of Council shall be granted unless it affirmatively appears DETERMINES that any such THE proposed circus, carnival or menagerie shall in any way endanger or threaten the public peace, property, health, safety or welfare of the City OR THAT THE CIRCUS MISTREATS ANIMALS (EXPANDED DEFINITION OF MISTREATMENT FOR CONSIDERATION: DRAFTED AT COUNCIL’S REQUEST HAS RECEIVED MORE THAN FIVE NON-CRITICAL OR TWO CRITICAL NON-COMPLIANCE CITATIONS BASED ON INSPECTIONS BY THE UNITED STATES DEPARTMENT OF AGRICULTURE’S ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS).] (c) If the issuance of a license under this section is authorized by Council, the same shall not be issued until the applicant files with the City Manager a bond executed by the licensee as principal and by a good and sufficient corporate surety

company licensed to do business in Ohio as surety, and whose name appears on the current list published by the United States Treasury Department of accepted sureties on Federal bonds, conditioned that the principal obligor will operate any such circus, carnival or menagerie in strict accordance with the terms of this chapter and other applicable provisions of these Codified Ordinances; that the principal will remedy any and all damages to and shall clean up any refuse, litter, debris or dirt deposited on any streets, curbs, gutters, water lines, fire hydrants and other public property, occasioned in any manner by his operation of such circus, carnival or menagerie. Such bond shall inure to the benefit of the City, shall be in a form to comply herewith, shall be in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) twenty thousand dollars ($20,000.00) and shall be approved by the City Attorney. (d) In addition to the aforesaid bond, the applicant shall furnish to the City Manager a certified copy of a certificate of general liability and property damage insurance, NAMING THE CITY AS AN ADDITIONAL INSURED in the amounts as follows: (1) Public liability insurance in an amount of not less than ONE MILLION one hundred thousand dollars ($1,000,000.00) for injuries, including accidental death, to any one person; subject to the same limit for each person, in an amount not less than three hundred thousand dollars ($300,000.00) on account of each accident; (2) Property damage insurance in the amount of not less than ONE MILLION fifty thousand dollars ($50,000.00)($1,000,000.00) on account of any one accident which insurance shall protect the general public, and shall save, indemnify and keep harmless, within such limits, the City against all liability, judgments, damages, costs and expenses which may in any way accrue against the City in consequence of the granting of such license and will in all things strictly comply with the conditions of such license. SECTION 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. PASSED:

_________________________, 2017

YEAS____ NAYS____ ABSTAIN ____

ATTEST:

_______________________________ CITY CLERK

________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 10

DATE: 01/09/17

ORDINANCE NO: 16-111

RESOLUTION NO:

READING: SECOND

PUBLIC HEARING:NO

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA:

David Efland, Planning and Community Development Director

TITLE OF PROPOSED ORDINANCE/RESOLUTION: AN ORDINANCE APPROVING A FINAL SUBDIVISION PLAT FOR BOWTOWN DELAWARE LTD., OLD COLONY ESTATES PHASE 2 CONSISTING OF 55 SINGLE FAMILY LOTS ON APPROXIMATELY 14.92 ACRES ZONED R-4 WITH TEXT LIMITATIONS (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND LOCATED ON WALLACE DRIVE, VERNON AVENUE AND PILGRIM CIRCLE. BACKGROUND: In October 2002 City Council (Ordinance 02-138) approved the Final Subdivision Plat for Old Colony Estates and the subsequent engineering drawings were also approved in October 2002. In September 2004 City Council approved an extension of the aforementioned Final Subdivision Plat until July 2005. The developer constructed the infrastructure (streets, utilities, etc.) in Phase 1 with the construction improvements accepted by the City in early 2008. Before the houses could be constructed the recession of 2008 occurred and the development was halted. In 2014, Ryan Homes purchased the lots and began constructing houses and now most of Phase 1 is built out. Also during this time, Ryan Homes constructed a playground and bike path in the parkland area and agreed this to be in the Homeowners Association and maintained via covenants and declarations. Since 2005, the Final Subdivision Plat and the engineering drawings for Phase 2 have expired and now the developer is requesting Final Subdivision Plat approval for Phase 2 which consists of 55 single family lots on approximately 14.92 acres.

Phase 2 is accessed by Wallace Drive which extends north from Ferguson Avenue which is in Phase 1. Wallace Drive extends north and then proceeds east to connect into the Kensington Place Subdivision. In addition, this Phase would finally connect Vernon Avenue from Kensington Place to the existing western leg of Vernon Avenue that extends to Channing Street. Storm water in this area has been a source of concern with negative impacts to the adjacent residents in the area since this and the adjacent developments were constructed in the late 1990’s (Kensington Place and Village Gate Apartments). Due to the fact that there are concerns with the existing and adjacent ponds and outlet staging and the proposed development will contribute flows to this pond, the applicant’s engineer was advised to model the storm water system again to determine the need for an additional outlet. In addition, there are concerns regarding stagnant water in the existing ponds to the east and south of this development. The developer shall provide appropriately sized aeration systems for the existing pond to the southeast of this development and for the ponds south of Ferguson Avenue between Old Colony Drive and Village Gate Apartments. Phase 2 contains 55 single family lots on 14.92 acres with lots ranging in size from 0.152 acres (6,600 square feet) to 0.581 acres (25,308 square feet) and has a minimum frontage of 55 feet and a minimum depth of 120 feet. Most of the lots are in the 0.152 acre (6,600 square foot) size range with the corner lots being oversized per the zoning code. The front yard setbacks are 25 feet, the rear yard setbacks are 30 feet and the side yard setbacks total 15 feet (minimum 6 feet). Per the zoning code, the minimum house size is 1,250 square feet for a three bedroom unit with each additional bedroom adding 200 square feet to the totals. The proposed lot dimensions/sizes and minimum dwelling sizes are in accordance with the previously approved Final Subdivision Plat and consistent with lots already developed within the subdivision. The houses would be required to comply with the Residential Design Criteria and Performance Standards of Section 1171.08 of the Planning & Zoning Code. There are two reserves in this phase. Reserve A, which encompasses 0.347 acres, is an island located just west of Pilgrim Circle and is dedicated open space. This open space shall be an open “field” area and shall be maintained by the Homeowner’s Association. Reserve B, which is located behind lots 97105, is a detention basin and shall be maintained by the Homeowner’s Association. Additionally, the aforementioned Phase 1 playground and bike path shall be owned and maintained by the Homeowners Association. This shall be formalized prior to acceptance of public improvements in Phase 2. The landscape plans and lighting plans would have to be approved by the Shade Tree Commission and Chief Building Official respectively. REASON WHY LEGISLATION IS NEEDED: To achieve compliance with Section 1111.04 Requirements of the zoning code.

Final

Plat

Submission

COMMITTEE RECOMMENDATION: Planning Commission approved this case 4-0 on December 7, 2016. FISCAL IMPACT(S): N/A POLICY CHANGES: N/A PRESENTER(S): David Efland, Planning and Community Development Director RECOMMENDATION: Staff recommends approval as submitted with the documented conditions. ATTACHMENT(S) Staff Report

ORDINANCE NO. 16-111 AN ORDINANCE APPROVING A FINAL SUBDIVISION PLAT FOR BOWTOWN DELAWARE LTD. OLD COLONY ESTATES PHASE 2 CONSISTING OF 55 SINGLE FAMILY LOTS ON APPROXIMATELY 14.92 ACRES ZONED R-4 WITH TEXT LIMITATIONS (MEDIUM DENSITY RESIDENTIAL DISTRICT) AND LOCATED ON WALLACE DRIVE, VERNON AVENUE AND PILGRIM CIRCLE. WHEREAS, the Planning Commission at its meeting of December 7, 2016 recommended approval of a Final Subdivision Plat for Old Colony Phase 2 consisting of 55 single family lots on approximately 14.92 acres zoned R-4 with Text Limitations (Medium Density Residential District) and located on Wallace Drive, Vernon Avenue and Pilgrim Circle (PC 2016-3400), and NOW THEREFORE, BE IT ORDAINED by the Council of the City of Delaware, State of Ohio: SECTION 1. That the Final Subdivision Plat for Old Colony Phase 2 consisting of 55 single family lots on approximately 14.92 acres zoned R-4 with Text Limitations (Medium Density Residential District) and located on Wallace Drive, Vernon Avenue and Pilgrim Circle, is hereby confirmed, approved, and accepted with the following conditions that: 1.

2. 3. 4. 5. 6. 7.

The Applicant needs to obtain final engineering approvals, including any storm water and utility issues that need to be worked out through the Engineering and Utilities Departments. All comments regarding the layout and details of the project are preliminary and subject to modification or change based on the final technical review by the Engineering Department. A public sidewalk shall be required along all public streets. The houses shall achieve compliance the minimum Residential Design Standards Criteria and Performance Standards of Section 1171.08 of the Planning and Zoning Code. The minimum houses sizes shall be 1,250 for a 3 bedroom unit with any additional bedroom adding 200 square feet to the totals. The street tree plan shall be submitted, reviewed and approved by the Shade Tree Commission. A lighting plan that achieves compliance with the zoning code shall be submitted, reviewed and approved by the Chief Building Official. The playground and bike path in Phase 1 shall be owned and maintained by the Homeowners Association. This shall be formalized prior to acceptance of public improvements in Phase 2.

8.

The developer shall provide appropriately sized aeration systems for the existing pond to the southeast of this development and for the ponds south of Ferguson Avenue between Old Colony Drive and Village Gate Apartments.

SECTION 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. VOTE ON RULE SUSPENSION:

YEAS____NAYS____ ABSTAIN ____

PASSED:

_________________________, 2017

YEAS____ NAYS____ ABSTAIN ____

ATTEST:

_______________________________ CITY CLERK

________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 11

DATE: 01/09/17

ORDINANCE NO: 16-112

RESOLUTION NO:

READING: SECOND

PUBLIC HEARING: NO

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA:

David Efland, Planning and Community Development Director

TITLE OF PROPOSED ORDINANCE/RESOLUTION: AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR T&R PROPERTIES FOR WILLOWBROOK WEST CONSISTING OF 96 SINGLE FAMILY ATTACHED UNITS ON APPROXIMATELY 15.18 ACRES ZONED R-6 PUD (MULTI-FAMILY RESIDENTIAL DISTRICT WITH A PLANNED UNIT OVERLAY DISTRICT) LOCATED ON THE WEST SIDE OF SOUTH HOUK ROAD JUST NORTH OF ARTHUR PLACE. BACKGROUND: In 1999 (Ordinance 99-76), Medrock LLC., received approval of a Planned Mixed Use Development (PUD) that encompassed approximately 282 acres essentially south of US 36, north of the railroad tracks, west of Acme Road and along and east of the Houk Road. The permitted land uses include single family, two family attached, multi-family, commercial and industrial uses. A large portion of this area has been built out which includes the following developments: Adalee Park, Millbrook, Braddington Commons, Arthur Place, Village at Willowbrook Farms, Willowbrook East. In 2007, this portion of the Willowbrook PUD was subject to a rezoning which was coordinated with the initial submission for what became Arthur Place. In 2008, Arthur Place “flipped” sites and became located at its current site. This left the multi-family area in question in this case as the land remaining between the proposed retail and existing senior housing sites (Arthur Place). Also in 2008, the retail site underwent a rezoning which included some revised development text as well as the required mounding and landscaping along the south boundary of the retail

site. All of the previous plans and changes have been reviewed with this case to ensure consistency and adherence to prior actions. Now the developer is proposing to develop 96 single family attached units on 96 lots on approximately 15.18 acres for a density of 6.32 units per acre. The main access would be a full movement curb cut on South Houk Road adjacent to Rockmill Street with a second access point utilizing the northern most access point to Arthur Place which is a right-in/right-out only curb cut. The site layout would entail a looped street configuration with a main access drive bisecting the development. An open space area would be located behind the lots on Mara Avenue and Amelia Lane and include a sidewalk which would connect to the development mail box on the southeastern portion of the site on Isaac Lane. A retention pond is located along South Houk Road in the southeastern portion of the site. Just east of the retention pond is the exiting mound with landscaping that buffers South Houk Road and the subject development. Per the approved revised PUD development text, a proposed 8 to 10 foot high mound with landscaping would be located just north of the development to buffer the future commercial zoned property. There would be six common spaces located in front of the mailbox area on Isaac Lane and six spaces on Blaise Lane on the northwestern portion of the site. The subject 96 single family lots (owner occupied) would have a minimum lot size of 4,275 square feet (45-ft x 95-ft). The attached units would have a minimum front yard of 25 feet and a minimum rear yard setback of 18 feet while there would be a minimum 10 feet between units. Also, morning/sunroom(s) would be permitted on all interior lots as well as lots abutting South Houk Road. The morning/sunroom(s) shall have a minimum rear yard setback of 10 feet. In addition, each unit will be permitted a deck or patio that would need to be setback a minimum 10 feet from the rear property line. The minimum unit size is 1,350 square feet. Each unit would have a two car garage with a driveway which can accommodate parking for two vehicles. Furthermore, the subject condominium development would have a homeowners association that would have a common maintenance plan for lawn, landscaping and snow removal within the development. The intent of the design requirements is to mimic the Arthur Place ranch style attached units with a stone wainscoting (see attached exhibits) and all the units would have an earth tone color to be harmonious and compatible with the adjacent neighborhoods while allowing a color pallet to provide unit diversification and visual integrity (this will be submitted with Final Development Plan). Additionally, there would be only a maximum of two attached units giving a more single family development appearance. A comprehensive landscape plan would be required to be submitted, reviewed and approved by staff prior to submitting for any Final Development Plans and Plats. The landscaping plan would include street trees, individual building landscaping and perimeter buffering which would have to be approved by the Shade Tree Commission. Also, the lighting plans would need to achieve compliance with the zoning code and be approved by the Chief Building Official

REASON WHY LEGISLATION IS NEEDED: To achieve compliance with Section 1129.04 Preliminary Development Plan Submission Requirements of the zoning code. COMMITTEE RECOMMENDATION: Planning Commission approved this case 4-0 on December 7, 2016. FISCAL IMPACT(S): N/A POLICY CHANGES: N/A PRESENTER(S): David Efland, Planning and Community Development Director RECOMMENDATION: Staff recommends approval as submitted with the documented conditions. ATTACHMENT(S) Staff Report

ORDINANCE NO. 16-112 AN ORDINANCE APPROVING A PRELIMINARY DEVELOPMENT PLAN FOR T&R PROPERTIES FOR WILLOWBROOK WEST CONSISTING OF 96 SINGLE FAMILY ATTACHED UNITS ON APPROXIMATELY 15.18 ACRES ZONED R-6 PUD (MULTI-FAMILY RESIDENTIAL DISTRICT WITH A PLANNED UNIT OVERLAY DISTRICT) LOCATED ON THE WEST SIDE OF SOUTH HOUK ROAD JUST NORTH OF ARTHUR PLACE. WHEREAS, the Planning Commission at its meeting of December 7, 2016 recommended approval of a Preliminary Development Plan for T&R Properties for Willowbrook West consisting of 96 single family attached units on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) located on the west side of South Houk Road just north of Arthur Place (PC 2016-3396), and NOW THEREFORE, BE IT ORDAINED by the Council of the City of Delaware, State of Ohio: SECTION 1. That the Preliminary Development Plan for T&R Properties for Willowbrook West consisting of 96 single family attached units on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) located on the west side of South Houk Road just north of Arthur Place, is hereby confirmed, approved, and accepted with the following conditions that: 1.

2.

3.

The Applicant needs to obtain final engineering approvals, including any storm water and utility issues that need to be worked out through the Engineering and Utilities Departments. All comments regarding the layout and details of the project are preliminary and subject to modification or change based on the final technical review by the Engineering Department. Two curb cuts would be required for the subject development. The existing right-in/right-out curb cut on the northern portion of the Arthur Place development could be utilized as the second curb cut per the recorded access easement with Arthur Place in 2008. The internal access roadway network would be comprised of 24 foot wide private streets built to public street standards with no parking permitted on the streets.

4.

5.

The street names shall be vetted and approved by the appropriate agencies to ensure compliance and non-duplication prior to Final Subdivision Plat submission. The three parking spaces located at the southern terminus of Blaise Lane shall be removed because they will inhibit the movement of emergency and refuse vehicles.

6.

Internal sidewalks shall be located on one side of each private street.

7.

All retention ponds shall be setback a minimum of 80 feet from the edge of pavement per the City Engineer. The lots and houses shall comply with the minimum bulk and setback requirements as shown on this plan. The single family attached units shall comply with the minimum architectural standards approved in the development text and include minimum 8 inch overhang, shutters, window trim, one garage light course, etc. The minimum attached unit house size shall be 1,350 square feet. A morning/sunroom shall be permitted on all interior lots as well as lots abutting South Houk Road. The morning/sunroom(s) shall have a minimum rear yard setback of 10 feet. Each unit shall be permitted a deck or patio that shall be setback a minimum 10 feet from the rear property line The mounding and landscaping along South Houk Road shall be maintained as constructed and the maintenance of the mound and associated landscaping shall be the responsibility of the Homeowner’s Association. Along the northern boundary of the subject development, an undulating earthen mound ranging from 8 to 12 feet in height to block views of the future commercial development to the north. A mix of deciduous, evergreen and ornamental tree plantings shall be provided on the top of the mound consistent with the existing South Houk Road landscape mound and have a minimum 60% opacity at the time of installation. The subject mound shall either be located on the subject property or within an easement with the property to the north and shall be constructed with the initial construction of the subject development. All landscaping plans shall be submitted, reviewed and approved by the Shade Tree Commission. Any tree removal and/or replacement requirements shall achieve compliance with Chapter 1168 Tree Preservation Regulations and shall be required prior to final plat approvals for each section. The street lighting plan shall be submitted, reviewed and approved by the Chief Building Official and achieve compliance with all zoning requirements prior to final subdivision plat approval.

8. 9.

10. 11. 12. 13.

14.

15. 16. 17.

18.

19.

20. 21.

The open space between Maria Avenue and Amelia Lane shall be programmed with amenities and submitted concurrent with Final Development Plan and Plat approval. A comprehensive landscape plan that includes street trees, individual building landscaping and perimeter buffering shall be required to be submitted, reviewed and approved by the City prior to Final Development Plan and Plat. All signage shall achieve compliance with the minimum zoning requirements and the adopted Gateways and Corridor Plan. The Final development Plan and Final Subdivision Plat shall comply with the submission requirements of Chapters 1129.05 (Final Development Plans) and Chapters 1111.04 (Final Subdivision Plats) respectively of the codified ordinances.

SECTION 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. VOTE ON RULE SUSPENSION:

YEAS____NAYS____ ABSTAIN ____

PASSED:

_________________________, 2017

YEAS____ NAYS____ ABSTAIN ____

ATTEST:

_______________________________ CITY CLERK

________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 12

DATE: 01/09/17

ORDINANCE NO: 16-113

RESOLUTION NO:

READING: SECOND

PUBLIC HEARING: NO

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA:

David Efland, Planning and Community Development Director

TITLE OF PROPOSED ORDINANCE/RESOLUTION: AN ORDINANCE APPROVING A PRELIMINARY SUBDIVSION PLAT FOR T&R PROPERTIES FOR WILLOWBROOK WEST CONSISTING OF 96 SINGLE FAMILY ATTACHED UNITS ON APPROXIMATELY 15.18 ACRES ZONED R-6 PUD (MULTI-FAMILY RESIDENTIAL DISTRICT WITH A PLANNED UNIT OVERLAY DISTRICT) LOCATED ON THE WEST SIDE OF SOUTH HOUK ROAD JUST NORTH OF ARTHUR PLACE. BACKGROUND: In 1999 (Ordinance 99-76), Medrock LLC., received approval of a Planned Mixed Use Development (PUD) that encompassed approximately 282 acres essentially south of US 36, north of the railroad tracks, west of Acme Road and along and east of the Houk Road. The permitted land uses include single family, two family attached, multi-family, commercial and industrial uses. A large portion of this area has been built out which includes the following developments: Adalee Park, Millbrook, Braddington Commons, Arthur Place, Village at Willowbrook Farms, Willowbrook East. In 2007, this portion of the Willowbrook PUD was subject to a rezoning which was coordinated with the initial submission for what became Arthur Place. In 2008, Arthur Place “flipped” sites and became located at its current site. This left the multi-family area in question in this case as the land remaining between the proposed retail and existing senior housing sites (Arthur Place). Also in 2008, the retail site underwent a rezoning which included some revised development text as well as the required mounding and landscaping along the south boundary of the retail

site. All of the previous plans and changes have been reviewed with this case to ensure consistency and adherence to prior actions. Now the developer is proposing to develop 96 single family attached units on 96 lots on approximately 15.18 acres for a density of 6.32 units per acre. The main access would be a full movement curb cut on South Houk Road adjacent to Rockmill Street with a second access point utilizing the northern most access point to Arthur Place which is a right-in/right-out only curb cut. The site layout would entail a looped street configuration with a main access drive bisecting the development. An open space area would be located behind the lots on Mara Avenue and Amelia Lane and include a sidewalk which would connect to the development mail box on the southeastern portion of the site on Isaac Lane. A retention pond is located along South Houk Road in the southeastern portion of the site. Just east of the retention pond is the exiting mound with landscaping that buffers South Houk Road and the subject development. Per the approved revised PUD development text, a proposed 8 to 10 foot high mound with landscaping would be located just north of the development to buffer the future commercial zoned property. There would be six common spaces located in front of the mailbox area on Isaac Lane and six spaces on Blaise Lane on the northwestern portion of the site. The subject 96 single family lots (owner occupied) would have a minimum lot size of 4,275 square feet (45-ft x 95-ft). The attached units would have a minimum front yard of 25 feet and a minimum rear yard setback of 18 feet while there would be a minimum 10 feet between units. Also, morning/sunroom(s) would be permitted on all interior lots as well as lots abutting South Houk Road. The morning/sunroom(s) shall have a minimum rear yard setback of 10 feet. In addition, each unit will be permitted a deck or patio that would need to be setback a minimum 10 feet from the rear property line. The minimum unit size is 1,350 square feet. Each unit would have a two car garage with a driveway which can accommodate parking for two vehicles. Furthermore, the subject condominium development would have a homeowners association that would have a common maintenance plan for lawn, landscaping and snow removal within the development. The intent of the design requirements is to mimic the Arthur Place ranch style attached units with a stone wainscoting (see attached exhibits) and all the units would have an earth tone color to be harmonious and compatible with the adjacent neighborhoods while allowing a color pallet to provide unit diversification and visual integrity (this will be submitted with Final Development Plan). Additionally, there would be only a maximum of two attached units giving a more single family development appearance. A comprehensive landscape plan would be required to be submitted, reviewed and approved by staff prior to submitting for any Final Development Plans and Plats. The landscaping plan would include street trees, individual building landscaping and perimeter buffering which would have to be approved by the Shade Tree Commission. Also, the lighting plans would need to achieve compliance with the zoning code and be approved by the Chief Building Official

REASON WHY LEGISLATION IS NEEDED: To achieve compliance with Section 1111.03 Subdivision Plat requirements of the zoning code.

approval

of

Preliminary

COMMITTEE RECOMMENDATION: Planning Commission approved this case 4-0 on December 7, 2016. FISCAL IMPACT(S): N/A POLICY CHANGES: N/A PRESENTER(S): David Efland, Planning and Community Development Director RECOMMENDATION: Staff recommends approval as submitted with the documented conditions. ATTACHMENT(S) N/A

ORDINANCE NO. 16-113 AN ORDINANCE APPROVING A PRELIMINARY SUBDIVISION PLAT FOR T&R PROPERTIES FOR WILLOWBROOK WEST CONSISTING OF 96 SINGLE FAMILY ATTACHED UNITS ON APPROXIMATELY 15.18 ACRES ZONED R-6 PUD (MULTI-FAMILY RESIDENTIAL DISTRICT WITH A PLANNED UNIT OVERLAY DISTRICT) LOCATED ON THE WEST SIDE OF SOUTH HOUK ROAD JUST NORTH OF ARTHUR PLACE. WHEREAS, the Planning Commission at its meeting of December 7, 2016 recommended approval of a Preliminary Subdivision Plat for T&R Properties for Willowbrook West consisting of 96 single family attached units on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) located on the west side of South Houk Road just north of Arthur Place (PC 2016-3396), and NOW THEREFORE, BE IT ORDAINED by the Council of the City of Delaware, State of Ohio: SECTION 1. That the Preliminary Subdivision Plat for T&R Properties for Willowbrook West consisting of 96 single family attached units on approximately 15.18 acres zoned R-6 PUD (Multi-Family Residential District with a Planned Unit Overlay District) located on the west side of South Houk Road just north of Arthur Place, is hereby confirmed, approved, and accepted with the following conditions that: 1.

2.

3. 4.

The Applicant needs to obtain final engineering approvals, including any storm water and utility issues that need to be worked out through the Engineering and Utilities Departments. All comments regarding the layout and details of the project are preliminary and subject to modification or change based on the final technical review by the Engineering Department. Two curb cuts would be required for the subject development. The existing, right-in/right-out curb cut on the northern portion of the Arthur Place development could be utilized as the second curb cut per the recorded access easement with Arthur Place in 2008. The internal access roadway network would be comprised of 24 foot wide private streets built to public street standards with no parking permitted on the streets. The street names shall be vetted and approved by the appropriate agencies to ensure compliance and non-duplication prior to Final Subdivision Plat submission.

5. 6. 7. 8. 9.

10. 11. 12. 13.

14.

15. 16. 17. 18.

The three parking spaces located at the southern terminus of Blaise Lane shall be removed because they will inhibit the movement of emergency and refuse vehicles. Internal sidewalks shall be located on one side of each private street. All retention ponds shall be setback a minimum of 80 feet from the edge of pavement per the City Engineer. The lots and houses shall comply with the minimum bulk and setback requirements as shown on this plan. The single family attached units shall comply with the minimum architectural standards approved in the development text and include minimum 8 inch overhang, shutters, window trim, one garage light course, etc. The minimum attached unit house size shall be 1,350 square feet. A morning/sunroom shall be permitted on all interior lots as well as lots abutting South Houk Road. The morning/sunroom(s) shall have a minimum rear yard setback of 10 feet. Each unit shall be permitted a deck or patio that shall be setback a minimum 10 feet from the rear property line The mounding and landscaping along South Houk Road shall be maintained as constructed and the maintenance of the mound and associated landscaping shall be the responsibility of the Homeowner’s Association. Along the northern boundary of the subject development, an undulating earthen mound ranging from 8 to 12 feet in height to block views of the future commercial development to the north. A mix of deciduous, evergreen and ornamental tree plantings shall be provided on the top of the mound consistent with the existing South Houk Road landscape mound and have a minimum 60% opacity at the time of installation. The subject mound shall either be located on the subject property or within an easement with the property to the north and shall be constructed with the initial construction of the subject development. All landscaping plans shall be submitted, reviewed and approved by the Shade Tree Commission. Any tree removal and/or replacement requirements shall achieve compliance with Chapter 1168 Tree Preservation Regulations and shall be required prior to final plat approvals for each section. The street lighting plan shall be submitted, reviewed and approved by the Chief Building Official and achieve compliance with all zoning requirements prior to final subdivision plat approval. The open space between Maria Avenue and Amelia Lane shall be programmed with amenities and submitted concurrent with Final Development Plan and Plat approval.

19.

20. 21.

A comprehensive landscape plan that includes street trees, individual building landscaping and perimeter buffering shall be required to be submitted, reviewed and approved by the City prior to Final Development Plan and Plat. All signage shall achieve compliance with the minimum zoning requirements and the adopted Gateways and Corridor Plan. The Final development Plan and Final Subdivision Plat shall comply with the submission requirements of Chapters 1129.05 (Final Development Plans) and Chapters 1111.04 (Final Subdivision Plats) respectively of the codified ordinances.

SECTION 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. VOTE ON RULE SUSPENSION:

YEAS____NAYS____ ABSTAIN ____

PASSED:

_________________________, 2017

YEAS____ NAYS____ ABSTAIN ____

ATTEST:

_______________________________ CITY CLERK

________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 13

DATE: 1/09/17

ORDINANCE NO: 17-01

RESOLUTION NO:

READING: FIRST

PUBLIC HEARING:

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

NO

VIA: TITLE OF PROPOSED ORDINANCE/RESOLUTION: AN ORDINANCE MOVING THE CITY CLERK FROM PART-TIME TO FULL-TIME STATUS, AND DECLARING AN EMERGENCY. BACKGROUND: REASON WHY LEGISLATION IS NEEDED: COMMITTEE RECOMMENDATION: FISCAL IMPACT(S): POLICY CHANGES: PRESENTER(S): Carolyn Kay Riggle, Mayor RECOMMENDATION: ATTACHMENT(S)

ORDINANCE NO. 17-01 AN ORDINANCE MOVING THE CITY CLERK FROM PART-TIME TO FULL-TIME STATUS, AND DECLARING AN EMERGENCY. WHEREAS, under Section 41 of the Delaware Charter, City Council shall appoint a City Clerk to serve during the pleasure of Council; and WHEREAS, it is the wish of City Council to move the City Clerk position from part-time to full-time status; and WHEREAS, starting in 2017, the City Clerk position will be a full-time position whose salary and benefits are established in the Management Pay Plan; and SECTION 1. City Council hereby appoints Elaine McCloskey to serve as City Clerk. SECTION 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. SECTION 3. EMERGENCY CLAUSE. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare of the City. The emergency clause is required to enact the change effective January 9, 2017 which will allow the Clerk to begin full-time status. Therefore this Ordinance shall be in full force and effect immediately upon its passage. RULE SUSPENSION:

YEAS____NAYS____ ABSTAIN ____

EMERGENCY CLAUSE:

YEAS____NAYS____ ABSTAIN ____

PASSED:

_________________________, 2017

YEAS____ NAYS____ ABSTAIN ____

ATTEST:

_______________________________ CITY CLERK

________________________ MAYOR

FACT SHEET AGENDA ITEM NO: 14

DATE: 1/9/17

ORDINANCE NO:

RESOLUTION NO: 17-02

READING:

PUBLIC HEARING:

TO:

Mayor and Members of City Council

FROM:

R. Thomas Homan, City Manager

VIA: TITLE OF PROPOSED ORDINANCE/RESOLUTION: A RESOLUTION VACATING THE APPOINTMENT OF A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD. BACKGROUND: REASON WHY LEGISLATION IS NEEDED: COMMITTEE RECOMMENDATION: FISCAL IMPACT(S): POLICY CHANGES: PRESENTER(S): Carolyn Kay Riggle, Mayor RECOMMENDATION: ATTACHMENT(S)

RESOLUTION NO. 17-02 A RESOLUTION VACATING THE APPOINTMENT OF A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, Members are to be appointed/reappointed to serve on various Committees, Commissions and Boards by the Mayor of the City of Delaware and confirmed by Council and, WHEREAS, Lucas Ratliff was appointed to the Parks and Recreation Advisory Board in Resolution 16-03; and WHEREAS, citizens who serve on City boards and commissions represent the City through their service; and WHEREAS, based on conduct by Mr. Ratliff, Council desires to declare his seat on the Park and Recreation Advisory Board vacant to permit a new appointment. This conduct included creating a new social media account to gain access to a private Facebook group he was banned from and using that profile to disseminate an unflattering picture of a City Council member with the intent to embarrass that council member; and WHEREAS, City Council believes this conduct is unprofessional and unbecoming a representative of the City. NOW THEREFORE BE IT RESOLVED by the Council of the City of Delaware that Lucas Ratliff’s seat on the Parks and Recreation Advisory Board (At Large) is hereby declared vacant. SECTION 1. The following appointments/reappointments are hereby vacated, to be replaced by Council Resolution: Parks and Recreation Advisory Board – Lucas Ratliff, At Large (12-31-15 to 12-31-18) SECTION 2. This resolution shall be effective immediately upon its passage. PASSED: ATTEST:

, 2017 ________________________________ CITY CLERK

YEAS NAYS ____ ABSTAIN ____ ____________________________ MAYOR