WESTLAND AREA
COMMISSION
June 19, 2002
The meeting was called to order at 7:00pm. Present were Daniel Province, chair, Betty Balthaser, Virginia Frank, Glen Hymer, Dorothy Jantzen, Jo Ellen Locke, Mike McKay, Jamie Mueller, Jan Province, Shawn Thomas, Darlene Weber, Rick Weber, and Ken Yant. Janice Collette and Mike Hurd were excused. Also present were Cliff Browning, Sgt. David Eing, Todd Ireland, Lorena Lacey, Beth Miller, Don Plank, Samantha Puchinko, Mary Smith, Heather Truesdale, and many others.
Province asked for a motion to approve the minutes for April and May 2002. Balthaser so moved. Jantzen seconded. Approved. Weber identified corrections to be made in the April minutes. In the Nominating Committee's report, as they were discussing the position of vice-president, Weber brought up the comments regarding nomination and election, not Woodson. Province also noted that Weber's name was misspelled, and that it should be corrected.
Province introduced Lorena Lacey, who is running for Ohio Senate.
Lacey said she is the Republican candidate for Senate in the 15th District, which consists primarily of the 43228 zip code. She stated that she is the first minority female Sergeant At Arms in the history of the State of Ohio. Prior to that, she had been a lawyer with Bricker and Ecklar. She has been on now Senator and then State Rep. Tiberi's staff since 1995. She is a resident of the east side of Columbus, but she has extended family in this area. She was recently appointed to the board of trustees at Lincoln Park West. Lacey said she is trying to restore accessible and responsive leadership to the senate. The issues that have affected our area have not been brought to the forefront, due to a lack of pro-active leadership. She has been working to bring government and constituents together.
J. Province noted that Lincoln Park West has many Mexican and a few Somali residents. What is she doing about it?
Lacey said that there are many issues affecting that population. First are immigration and naturalization issues. Many can't find jobs because they have difficulty obtaining green cards, because they don't speak the language. She has worked with the Somali Association and Mr. Fortin, and she has been working to resolve their issues. The residents need to be in touch with their congressional representatives to get their immigration issues taken care of. Only then can they be assimilated into our community.
Lacey distributed campaign information.
Zoning Committee (McKay): McKay introduced the zoning request for 1675 Georgesville Square Drive. This is the Lowe's Home Center. The site is currently zoned LC-4, and the applicant is requesting rezoning to CPD. Beth Miller, attorney from Goldman and Bronstein, is making the presentation.
Miller said that they are moving from LC-4 to CPD, and in doing so, there are three changes that have to be made.
First, in front of the facility, they are trying to obtain approval for an outdoor display area. They intend to display seasonal items, such as lawn mowers and backyard grilles. The area would be six feet deep, and none of the displays would be more than six feet high. Every Lowe's store and Home Depot has an area like this.
Second, in front of the garden center, there are 22 parking spaces. They want to remove those parking spaces and extend a six-foot fence around that area. The area would be 20 feet deep, 266 feet wide, and 12 feet high. It would be a chain-link fence, approximately 6 feet in height. Storage would not be more than 12 feet high in the area. The storage close to the building would be 12 feet high. Items stored next to the fence would be stacked no more than 6 feet high.
Also, behind Lowe's right now, there is a 12 feet chain link fence encircling a storage area that is filled with pallets and other building materials. The area isn't large enough. They want to erect a new 12-foot chain-link fence in front of the existing fence. After the applicant met with the WAC zoning committee, the applicant agreed to put some plastic slats in this fence, in green or dark gray, to provide opacity.
They are moving from LC-4 to CPD because, with the removal of the 22 parking spaces, they need a parking variance. Currently, they have 785 spaces, and they are required to have 780. With the removal of the 22 spaces, they would be below the minimum requirement.
Weber said that the WAC zoning committee did not have a problem with the decrease in the number of parking spaces. Those spaces were seldom used, anyway. However, the fence behind the store should be made of brick, to match the rest of the store.
Miller said that she did discuss that Goldman, and it is not cost-feasible. There is already a chain-link fence and it does not have plastic slats in it. If they are required to put in a brick wall, they will leave the existing chain-link fence as it is.
D. Province said that Lowe's stores do have brick walls in Gahanna and Hilliard, or Dublin.
She agreed, but in the applicant's plan for this area, they wanted a chain-link fence for this store.
Province said that the Hilliard store originally had a chain-link fence with plastic slats, but the slats were destroyed by wind, and the store did not maintain them.
Miller replied that they can agree to replace broken slats every six months, as they have agreed with dying shrubbery. This requirement can be added to the limitation text.
Province asked whether the applicant will agree not to store anything outside the wall.
Yes.
No more banners on the wall?
Right. They have taken the banners down, and there is no more race track.
Weber asked whether the applicant is agreeing to opaque slatting only on the fence behind the store.
Yes. The other fenced area would surround the garden center, and they need light and air to come through the chain-link fence for the benefit of the flowers and shrubbery inside.
Hymer asked her to repeat what she said about the height of items stored inside the fence.
She said that items stored against the building would be stacked no more than 20 feet high, but the items stacked against the fence would be no higher than the fence. This would be true of the fence at the garden center, as well as the fence at the back. The fence at the back would be no higher than 12 feet, so she doesn't anticipate any stored pallets to be stacked higher than that. She has added that to the limitation text, as well.
Mueller asked whether Lowe's is a tenant, and not the property owner.
She replied that she thinks that is correct.
McKay said he thinks the property owner is Glimcher.
What about landscaping around the fence?
Miller said she asked about that. The area around the fence is currently blacktopped. They would have to tear out all the asphalt and put in mulch, and the applicant is not willing to do that.
Will there be any green area between the fence and the road?
Yes, there is greenspace in the easement along the road. However, the area against the fence will continue to be all blacktop.
Province said that, because the road has a dogleg there, WAC originally asked that there be mounding and landscaping along that area.
When it went to LC-4?
Right. It never seemed to have occurred.
She could suggest it to them, but she was not involved in the original application. And it has nothing to do with this application.
J. Province asked what Miller's reason is that the suburbs get brick walls, while we have to settle for chain-link.
Miller said that they have a chain-link fence now, and they want to keep it chain-link. They don't want to spend additional money for a brick wall, since the chain-link fence is already existing. If they are required to tear it down, then they will want to stay with what they have.
McKay said that Lowe's should want to have a good-looking business. Perhaps a six to eight-foot wooden wall should be considered.
Or, if a wall is not feasible, then there should be some landscaping in front of the chain-link fence.
Miller repeated that the area is all blacktopped. Perhaps they might install a few trees in large pots in front of the fence.
Hymer asked about a brick wall six feet high, with a chain-link fence on top, as a possibility.
Miller said that the applicant is unwilling to entertain the idea of any kind of material except chain-link fence.
Truesdale said that she has had Lowe's in court for two years regarding this issue of storage, and other matters. They are concerned about the height of the storage. The area is an eyesore, and their storage area has been gradually expanding.
Province asked whether, based on their previous practices, Lowe's would abide by a limitation text if we agreed to one.
She said she has yet to see them act in compliance with existing limitation texts.
Miller said that the store management did take down the banners and the race track, and the hot dog vendor has applied for the necessary permits. He has a hearing scheduled for July 25.
Province moved for conditional approval, if the applicant would agree to erect at least a 6-foot high brick wall around the areas in question.
Weber suggested it be an 8-foot wall.
Mulch does not need sunlight. The people who are living across the street from the site have been complaining about the view. Province has driven past the Hilliard store and he has spoken to neighbors of that facility. He has heard plastic slats there. When the wind blew, the plastic slats were noisy. If the applicant can build brick walls in Gahanna and Hilliard, he doesn't understand why it cannot be done in Westland.
McKay and J. Province clarified that Miller was saying that items stacked near the fence would be no higher than the fence, but that items stacked against the building would be piled as high as they can reach.
Province moved to approve conditional approval of rezoning from LC-4 to CPD, with the establishment of an eight-foot high brick wall across the rear of the building. Locke seconded. Approved. Province reminded everyone that, if the applicant refuses to comply with the conditions of a conditional approval, then the vote changes automatically to disapproval.
Miller said that they might go to the Development Commission next month, but they are still awaiting creation of actual site plans.
McKay announced that the second issue tonight involves 669 Galloway Road, the property known as the Worthington Property, located on the west side of Galloway Road, north of Hall Road, north of three ranch homes. The property is currently owned by Larry, John, Margaret Worthington, and Elizabeth Wirt. The request is to rezone it from R-Rural to PUD-6. The attorney for the applicant is Don Plank.
Plank introduced himself as the attorney for Dominion Homes. He wants a rezoning to PUD-6 to allow for the development of a single-family condominium development. They intend to build six units per acre, or a total of 350 units on the property. A portion of the property is within the Hellbranch study, and they are in compliance with the ordinance that was just enacted by City Council.
All of the houses that front onto Galloway Road will face Galloway Road, and there will be a significant greenspace across the front. The development will be similar to Galloway Ridge, except that that development did not lay out too well, due to the odd shape of the parcel.
It is a development of single-family homes, with alleys in the back and no driveways, two-car garages in the rear. Trash pick-up is in the rear, so that the front of the houses will be free from cars and from trash cans. The utilitarian matters will be taken care of in the alleys, leaving the front clear for streetscape.
The Development Commission meeting will be on July 11.
The houses will be the same ones that were built in Galloway Ridge. They sold so well there, that this development is a replacement for that one.
Plank introduced Samantha Puchinko, the land use planner.
Plank said that the houses will measure from 1000 to 1400 square feet, and they will be built on slabs.
Hymer reminded Plank that, at the WAC zoning committee meeting, Plank had said that there would be a 900 square foot unit size.
Weber reminded WAC that our Westland Plan calls for low density development in the area. (Province said that the map in the plan incorrectly shows a recommendation for 3 to 5 units per acre, while the text specifies 1 to 2 units per acre). Weber said that WAC has challenged these developers to build some better quality houses in our area, but they are back again with a plan to build dinky, ugly little houses in our community. We have asked for 2200 to 2400 square foot homes, but the developer doesn't even want to think about it. Weber said we do not need garage-size homes in our area anymore. (Applause).
Province asked whether there would be a traffic signal at the intersection.
Plank said no, until Traffic warrants it.
Weber reminded everyone that these units would be in the Columbus Public School District.
A member of the audience asked whether this would be low-income housing.
Plank replied that, yes, they would sell in the range of $125,000 to $130,000.
Province said that, if someone at Galloway Ridge parks in an alley, traffic is blocked.
Plank replied that parking is prohibited in the alleys. Enforcement is done by the condominium association. Unlike standard traffic enforcement, the condominium association can put a lien on a house for unpaid fees.
Province said that, having lived in Hardesty Heights, he knows that that is a complicated procedure. And you can't put a lien on the house of a visitor.
J. Province said that the major teeth in traffic enforcement at Hardesty Heights lies in prohibiting the offender from using the swimming pool. Will this development have a swimming pool?
No. There will be no recreation facilities. The condo association can prohibit offenders from swimming in the stormwater retention basin. If the developer commits to a playground, will WAC support the development?
No.
Weber asked why he won't commit to upscale homes in the area.
"Because that's not what Dominion does on this site. They are asking for PUD-6."
J. Province said that, when WAC was created fifteen years ago, one of its primary goals was to halt the construction of still more R-2 houses in the Westland Area. Now, the developer is proposing something that is even worse. He has to call it a "condominium" in order to work his way around minimum size regulations for houses.
Plank said no, it's a condominium because the streets are private.
What about drainage?
The developer will have to meet the drainage requirements, as does any subdivision.
Hymer said he drove through the development off Doherty Road, and if a car is parked on one of those 22-foot streets, there isn't room for two lanes of traffic.
Plank said parking will be allowed on only one side of the street. The Fire Department has approved the plan.
A neighbor said that when the development was begun near Epernay, the first houses to be build were large. However, the developer finished the development with ever-smaller houses, decreasing the property values of the neighbors.
Plank disavowed knowledge of that specific development.
Weber asked Eing whether 10 Precinct isn't still one of the largest precincts in the city, and whether it isn't still three men short per shift, and whether the city still hasn't done anything about it.
Yes.
The city promised that, when the area increased in population, they would build another police and fire station in the area. They then backtracked on the promise; don't look for it. The school facilities are inadequate, too.
A neighbor asked, Has the stormwater drainage been studied?
Yes. Much of the property drains to a system other than the Big Darby system.
Has the stormwater pollution protection plan been developed?
Plank said he doesn't know whether it has. Such studies are not done before the property is rezoned.
So the field tile investigation hasn't been done, either?
All of the field tiles will be removed from the site. There will be City of Columbus drainage. Sewers will be run through the entire site.
How big is the triangular area at the back of the site?
Nine acres.
That area is in the 100-year floodplain.
Plank disagreed.
That area and another nine acres are within the 100-year floodplain, and it runs toward the Hellbranch. The plan is to fill 42 acres of the site with impervious roofs and pavements. That 42 acres will empty into the Hellbranch, and someone will get wet. Worthington's field drains into Catterly's pond, and when there are two inches of rain, the water runs over onto his street, two to three feet deep.
Plank said that the nine acres will be deeded over to the Columbus Recreation and Parks Department, so there will be no additional sewers there.
(Laughter and jeers).
A neighbor asked whether a conservation easement can be placed on those nine acres, so that the city cannot deed the property back to the developer, and the site turned into Phase Three.
Plank said that that is up to the City of Columbus. The city wants to establish a park, so there is no reason to create a conservation easement.
A neighbor displayed a FEMA map, which shows the 100-year floodplain to be considerably different from the floodplain shown on Plank's map. It also shows contour lines to corroborate its 100-year and 50-year floodplain lines. Nine acres that the developer intends to build on, are in the 100-year floodplain.
Plank said the developer spent a lot of money to prove that FEMA's map is wrong. Besides, the issue of drainage is an engineering issue that should not concern the Development Commission or WAC.
Locke asked why the developer cannot build larger, nicer homes in the Westland area. Westland residents who want to move up to a bigger house have to move to Grove City or to Hilliard.
"Dominion has other land in this area. They have chosen that this is not the location for that kind of house. They do their market studies. Galloway Ridge is selling like crazy. Dominion doesn't build houses to lose money. I can assure you that they know what they're doing."
A neighbor said that Dominion lies. They promised that the vacant property behind the property she bought would never be a problem for her.
Weber moved to approve the proposal as stated. D. Province seconded. The motion was Disapproved unanimously by voice vote.
Weber reminded the visitors that WAC is an advisory organization only. WAC has no representation at the Development Commission. He advised the neighbors to appear at the Development Commission.
J. Province advised the neighbors to contact members of City Council about this issue, too.
McKay introduced another rezoning request, for a site off Hall Road, adjacent to the railroad tracks. The request is from AEP. It is a request for a zoning variance for a gravel driveway.
Mary Smith said that she and Todd Ireland are here to discuss a matter concerning 5055 Hall Road, one of the AEP substations. They were cited for various violations at that substation. All were corrected, except for one issue.
Ireland said that the substation was built in 1988. In 1985, the city had decided that all driving surfaces had to be hard, either asphalt or concrete. Traffic Engineering, through an oversight, approved the building plan as it had been submitted. The driveway has been gravel since 1988. There have been a few complaints since that time about gravel spilling onto Hall Road. They are now asking for a variance to permit them to install concrete apron, rather than paving the entire driveway 270 feet back to the substation fence. The apron would be 20 feet wide at the road, and it would extend 50 feet back. There would be 40 foot aprons on each side of the driveway at the roadway.
This would be the same as it is at all the other substations.
This is not an office building; it is a substation. It is not occupied. It is visited only once or twice a month. It is infrequently used.
Province said he has heard complaints that those "visitors" do make rapid, skidding turns in the gravel, and that they kick dust into neighbors' windows.
What is the zoning number?
The code is 3342.424. There isn't a zoning number assigned, because they have not applied for the variance yet.
McKay asked that we approve the issue. The plan was approved unanimously.
McKay announced that there will be a discussion of the property located on the southwest corner of Galloway Road and Hall Road. It was to have been heard tonight, but Jeff Brown called and asked that it be postponed. It will be brought before the WAC zoning committee on 07/09/02, and it will be brought before WAC on 07/17.
A public hearing was held on June 6 to discuss the Hellbranch Overlay Ordinance. Staff, Engineering, ODNR, WAC, and members of the public were present and spoke. There were three amendments added to the ordinance, one of which was a direction to the city to update the Westland Area Plan. The ordinance was passed.
Province said that, at Monday night's City Council meeting, Council approved a emergency resolution to rename I-270 from I-70 to Georgesville Road in honor of an officer who was killed in that area. We were not notified of this proposed resolution. We probably would not have opposed it at all, but the point is that we were not consulted. When the city renamed the golf course building, they did not consult with WAC. When we objected, they promised that they would notify us the next time. However, they did not.
Cliff Browning said that, at the zoning meeting, someone asked for a flow chart of the Columbus zoning process. Browning distributed copies of the latest city publication on the subject.
Browning reported that 5903 Parkglen has been cited for high grass. It has been contracted to be cut.
5871 Baytree has also been cited for high grass.
Issuing Order for Vacant Lot south of CVS on Norton: That is in the process of issuing orders. They are also issuing orders for banners and for unscreened dumpsters, at the strip mall on the corner of Norton and Hall. For more information, contact Danielle Weber, the code enforcement officer. (That's the City Limits Café).
Also, there are several issued orders for high weeds along Holt Road south of Georgesville, and at Westbrook Village. And she is issuing orders for high weeds at the vacant lot west of Family Video. And for the northeast corner of Galloway and Sullivant.
Locke said that neighbors have been complaining about noise coming from that new bar.
Eing said that a police lieutenant talked to the owner of that bar today.
Weber said that the dumpster at that bar is improperly screened. There have been complaints from neighbors about bar patrons trespassing onto their properties.
A visitor said that so many people have cut through her property that they have created a path that is eroding into the bar's parking lot. She complained to the owner of the development, but he was not interested. He said he knows what it looks like, but he is not concerned. She contacted the Mayor's Action Line, but there has been no response. She has called the police without success, and the owner mentioned to her that the police stop there for lunch. She hopes that that doesn't mean the police have been bought off.
She gathered a small petition from her neighbors.
Province asked for it. He will forward it to the city under our cover letter.
She said she can easily obtain more signatures. She collected the signatures she has, only today.
Parks and Recreation Committee (Hurd): Hurd is not here. There is nothing to report.
Education Committee (Collette): Collette is not here. There is no report.
Development Committee (McKay): This committee needs a new chairman.
Health and Safety Committee (Weber): He has nothing to report.
Nominating Committee (Jantzen): Jantzen said she has asked for responses from people willing to serve as WAC officers, but she has received no responses. She is now asking for nominations from the floor.
Weber said that a neighbor, who is one of her co-workers, is interested in taking the secretary's position. Her name is Colleen Miesse. She would be here tonight, but for a relative's sudden illness.
J. Province said she is totally tired of the job, having done it for more than a decade.
Would she have to be elected to WAC?
Not necessarily. J. Province could continue as Recording Officer, if the job consists of sending additional letters. Miesse's job would consist only of creating the minutes, as John Kazalia has been doing, and those court reporters the city provided briefly, did before him.
Weber said he explained it to her that the job would entail taking, typing, and distributing the minutes. She asked whether she would be expected to sit in an office somewhere. Would she have to give up her real job?
Absolutely not.
Do we have a vacancy on WAC, if she wants to be appointed?
Yes, there is an opening until 04/03. It is Lehar's position.
To be elected Recording Officer, she would have to be a member of WAC. To do John's job, she does not have to be a WAC member. John wasn't.
Province will speak with Miesse.
Jantzen nominated Dan Province to be president of WAC. All were in favor except J. Province. Approved.
Jantzen nominated McKay for the position of vice-chair. He received unanimous approval.
Jantzen nominated Frank for the position of treasurer. She received unanimous approval.
The meeting was adjourned at 8:25pm.