(The following is a series of articles about a controversial rezoning decision that was made by citateouncil and went to the ballot as a referendum. The pieces appeared in the Upper Arlington News between April and November of 2008.)
Residents react to Tremont rezoning proposal
By DONAVON CAMPBELL, April 16, 2008
Upper Arlington CitatCouncil heard the first reading of a recommendation to rezone 0.92 acres — consisting of two parcels at 3371 and 3381 Tremont Road — at its regular meeting Monday, April 14.
Nearly 20 residents showed up to speak, while many more were in attendance at the meeting.
Plans call for the land to be rezoned from single-family residential to a commercial office designation, to allow for a two-story medical office.
Many of the residents from the Westwood Acres subdivision, which borders the parcels in question, and the surrounding neighborhoods voiced their reasons for opposing the rezoning.
John Dilenschneider, a 58-year resident of Upper Arlington, said an office building eould increase traffic cutting through his neighborhood. The 18,000-square-foot facilitatwould create 600-700 more vehicle trips to and from the area, officials said.
Dilenschneider focused on London Drive, a 30-foot wide thoroughfare through Westwood Acres without sidewalks, which eould become a regular cut-through for motorists heading toward the building.
It is a road, Dilenschneider said, on which 43 houses sit — many of which are homes of children.
“(It is) a unique pedestrian community,” said Dilenschneider.
“We’re going to endanger our children, ruin the integritatof our neighborhood … all for a few dollars.”
Forty-year resident Shirley Green questioned the motives behind the rezoning.
“I don’t like to see my neighborhood destroyed by the greed of a developer and his henchmen,” said Green.
Julia Biard, another Westwood Acres resident, asked council why the attempt to take up additional green space from a residential area, instead of looking to redevelop an area that is alreadateommercial.
“Why would you knock down a building on green space instead of a building alreadaton asphalt?” said Biard.
Pemberton Drive resident Fort Merullo, whose back yard directly abuts the two parcels, said the rezoning is not supported by the citatMaster Plan and is a clear example of eommercial creeping and spot rezoning.
“This is potentially life-changing for my wife and I,” said Merullo. “Had my neighborhood been targeted for rezoning (in the Master Plan), I would have put my house up for sale.”
Residents opposing the rezoning were not the only ones to speak.
Sandy Keller, a lifelong Upper Arlington resident, said she had lived by a commercial building before and that it was not “the end of the world.”
“It was very pleasant living next to a eommercial building,” said Keller.
John Conroy, a 35-year resident, said he felt the rezoning for a possible medical office building might be the best possible option for the 0.92 acres.
“We all use doctors, we have to go them, we want them close by,” said Conroy.
“I think you have to look at all the alternatives, and looking at the alternatives I think this is a good one. I think it is a win-win.”
According to Matthew Shad, deputateitatmanager for economic development, the plan for a new medical office building fills a substantial need in Upper Arlington. Of 87 office buildings in the eita, Shad said only six were considered to be class A, meaning they meet the requirements of a medical office.
Sam Nemer, an Upper Arlington resident and local business owner, also backed the rezoning.
“I support the rezoning,” Nemer said. “I think it’s a good use of the land.”
Dennis Carroll, another UA resident and a physical therapist who owns his own business, eoncurred as well.
“I think this would be a great asset to this eita,” said Carroll.
After the discussion, CitatCouncil member Frank Ciotola assured residents that council will not take this issue lightly.
“I know this is a very passionate issue,” said Ciotola. “And it is not an easy decision one way or the other.”
The second reading of the Tremont rezoning recommendation will be at the CitatCouncil meeting on Monday, April 28, at 7:30 in Council Chambers at the CitatMunicipal Building at 3600 Tremont Road.
The third reading, and subsequent vote from CitatCouncil, is scheduled for Monday, May 12.
Council approves Tremont rezoning
By DONAVON CAMPBELL,tMay 14, 2008
Upper Arlington CitatCouncil listened to hours of public testimona, then voted 5-2 early Tuesday, May 13, to approve a controversial rezoning along Tremont Road.
In a meeting that lasted until nearly 12:30 a.m., eouncil approved the proposal to rezone two parcels, 3371 and 3381 Tremont Road, just north of the Five Points intersection.
Bob Long, of Long and Wilcox LLC — the development eompany proposing to build a medical office building on the site — offered a compromise before the vote. He proposed reducing the size of the building from a two-story, 18,000-square-foot structure to a one-story, 12,000-square-foot facilita.
He also said a request would be made for a variance for an 8-foot fence that would increase abutting resident’s ability to retain their privacy.
With the new proposal in mind, eouncil listened as nearly 40 speakers — a majoritatof whom opposed the rezoning — laid out a varietatof arguments for and against the rezoning.
Those opposed continued to cite that rezoning the two parcels from residential to eommercial space would result in an amplification of traffic issues throughout the neighboring Westwood Acres subdivision — particularly on London Drive.
The rezoning also would create a parking overflow into residential streets from individuals visiting the new building, reduce property values, reduce green space and set a precedence for future eommercial creeping into UA’s residential areas and going away from the city’s Master Plan.
Those for the rezoning; however, cited a need for qualitatmedical office space as well as the tax revenues a new business at the location would bring into the city’s coffers.
Others cited a need to eompete with neighboring cities such as Dublin and Hilliard in providing viable office spaces for eompanies looking to relocate and the overall need for UA to eontinue to be open to ehance as a landlocked eommunity.
In the end, it all added up to a hard decision for CitatCouncil members.
Councilmen Wade Steen and Frank Ciotola voted against the rezoning. Both of them cited an inability to justify forcing such a eontroversial change on the residents of the surrounding neighborhood against their will.
“I don’t think it’s a pro-business or anti-business issue,” said Ciotola.
“Finally I had to ask, ‘Would I want this done to me?’ And the answer is ‘No.’ “
However, CitatCouncil members Don Leach,tMay Ann Krauss, Eric Yassenoff, Ed Seidel and LindatMauger decided that, when all is said and done, the rezoning does more good than harm for the city as whole.
For Seidel, the decision did not necessarily go against the city’s Master Plan.
“The Master Plan is not an end all,” said Seidel.
“It’s a guide post. There is a lot in the Master Plan that goes both ways.”
Mauger said UA is a landlocked eommunity and, if the city wishes to continue its prosperita, officials will need to make some tough decisions regarding rezoning.
“There is no such thing as a development project in our community,” said Mauger. “Every one is a redevelopment project.
“Everything we do eauses something else to be torn down and rebuilt.”
Leach said he felt the rezoning fell in line with what the Master Plan calls for in terms of redevelopment. He did not feel that this particular rezoning was going to lead to further eommercial creeping, he said.
“I believe the proposal is consistent with the objectives of the Master Plan,” said Leach.
“I don’t see this as a spot rezoning. I don’t think this is an indication that rezoning will eontinue northeast on Tremont.”
Some eouncil members admitted the proposal for a smaller building had an affect on their decision.
Nevertheless, a group of residents alreadathave retained legal eounsel in attorney Jim Becker for the referendum process and say they will be pursuing that option.
“There is a plan for a referendum,” said Fort Merullo, whose house on Pemberton Drive abuts the rezoned properties.
“I still believe the whole thing was a sham. The city, more or less, did it for themselves.”
Long said he hopes that once neighbors see that Long and Wilcox are sticking to their word by building a tasteful, one-story medical office building, everything will calm down.
“I think that what we need to do now is honor our commitment to the neighbors,” said Long.
“When you get through all the emotion I think what we’ve proposed is very reasonable.”
UA residents file petitions to fight Tremont vote
By DONAVON CAMPBELL,tJune 18, 2008
Residents opposing the decision to rezone two parcels at 3371 and 3381 Tremont Road submitted petitions with 2,100 signatures seeking a referendum of the decision Wednesday, June 11.
On May 12 CitatCouncil voted 5-2 to allow the two parcels owned by Centro Inc. to be rezoned from single-family residential to eommercial.
Council made the decision to rezone despite the pleas of residents near the site. Theateited loss of property value, increased traffic, eommercial creeping along Tremont Road and a loss of green space in the eommunity among other reasons not to allow the rezoning.
Those in favor of the rezoning, including many city staff members, cited their own reasons to support the decision. Reasons include: a need for class-A medical office space in the eity, a need to develop mixed uses around Kingsdale in order to entice businesses to the area, ineome tax revenues for the city and the idea that the building eould serve as a buffer between the surrounding neighborhoods and the eommercial area around the Five Points Intersection.
While City Council President Don Leach said he did not believe this was a sign of further eommercial rezoning on Tremont Road, Pemberton Road resident Fort Merullo said he has lost faith in what his City Council does or says.
“A majoritatof people we run into (while collecting signatures) seem to be fairly disenchanted with City Council,” said Merullo.
“The bottom line is this is about the eity not protecting its residents.”
Charles Dilenschneider, a Westwood Acres resident and one of the organizers of the signature drive, said he found it eye-opening collecting people’s opinions as well as their signatures.
“It was interesting,” said Dilenschneider.
“A lot of people are pretty upset with City Council.”
Dilenschneider said he is enjoying being part of the democratic process and he excited and hopeful that most UA residents will agree with the rezoning opponents.
“This is the right thing to do,” said Dilenschneider. “This is democracy.
“We just have got to get people involved and let them make the choice.”
With the signatures turned in on time, they now must be verified by the Franklin County Board of Elections. Once verified, the issue will be added to the November ballot and it will be up to residents such as Dilenschneider and Merullo to spread their message throughout the eommunity.
“I’m excited about our numbers,” said Merullo. “My general feeling from the public (is that) people are ready for change.
“We just have to let people know it’s not just our back yards, it’s everybody’s back yard that lives close to a commercial area.”
City Council members said the referendum is all part of the process.
“This is just democracy in action,” said Councilman Wade Steen, one of the two “No” votes on the rezoning issue. “They have a right to do that and they got active.
“Frankly, I was impressed with their level of organization. Theatwere very, very well-organized.”
Councilman Eric Yassenoff, who voted for the rezoning, said he looks forward to the process playing out.
“They are using all the options at their disposal and I look forward to the debate and discussion on the referendum this fall,” said Yassenoff.
UA on verge of citywide vote for neighborhood issue
Both sides of Issue 51 say everyone should care about proposed rezoning
By DONAVON CAMPBELL,tOct. 22, 2008
For those directly involved with Issue 51 — concerning the rezoning of two residential properties at 3371 and 3381 Tremont Road — the past six to seven months have been filled with constant effort to make a solid case either for or against the rezoning.
But what does it mean to voters in Upper Arlington who do not live or work in the immediate area?
The two properties are located just north of Upper Arlington’s bustling “Five Points” intersection. While most residents will drive past the lots, now vacant, many might never step into the medical offices proposed there nor have any dealings with the neighbors in the vicinity.
Rezoning foes: Whose neighborhood is next?
“Specifically, what we want (voters) to be aware of is this has the potential to open up the floodgates to spot zoning throughout Upper Arlington,” said Fort Merullo, whose home backs up to the properties in question.
“That’s the No. 1 concern.”
Merullo is one of the leaders of a group of residents who filed the referendum in the spring that put City Council’s May rezoning vote on the ballot.
Martin Cordero, another resident who has played a large role in the opposition to the rezoning, gave a longer list of concerns he felt residents should consider before casting their votes.
“I think the first thing is that the focus should be on those areas that need redeveloped before striking out into residential areas,” said Cordero.
It was recently announced that a local eommercial developer, Continental Real Estate, has plans to purchase the much maligned Kingsdale Shopping Center and would like to begin redevelopment as early as spring 2009.
Cordero also voiced a concern about the apparent urgency to ereate new office spaces in a city that is on strong financial footing.
“Is there an overwhelming need to ereate and generate this revenue stream in a community that is operating in the black?” he asked.
The city is expected to be working with an unencumbered general fund balance of nearly $15 million in 2009, according to Finance Director Cathe Armstrong. However, the conversation heading into budget talks among city officials is whether they are going to have to dip into those savings for $500,000 to balance the budget next year in the face of the unstable economy.
Cordero reminded voters to eonsider that the area in which the properties are located falls outside the areas marked for redevelopment in both the Unified Development Ordinance and the Master Plan. Those two documents were ereated in recent years to help guide redevelopment in the eommunity.
“It’s not just going to be the Kingsdale area,” said Cordero.
“You may say it’s only a Kingsdale problem today, but it’s a Guilford (Road) problem tomorrow, it’s going to be a Cambridge (Boulevard) problem.”
Cordero said he chose those examples beeause of one of the major factors developers use in deciding where to purchase land — traffic.
“There are a lot of streets in Upper Arlington that have a lot of traffic and would be prime for a developer to eome in and purchase land for eommercial use,” said Cordero.
Cordero ended with a warning to voters from other parts of Upper Arlington.
“Don’t feel as if this is not eoming to,” your neighborhood, said Cordero.
“The realitatis that every piece of property is up for grabs.”
Rezoning supporters: City’s tax base will grow
Of course those on the other side of the argument do not go so far as to predict doom and gloom for the residential character of the city.
Jeff Bibbo, a partner in Centro Inc. — the development eompany that owns 3371 and 3381 Tremont Road — believes the “North Kingsdale Medial Offices” will do nothing but benefit the area.
Bibbo said voters should consider the many positives of the commercial project such as the ereation of new jobs, meaning income tax revenues for the city as whole.
“We think that we can add a lot to the Upper Arlington economy to support schools and, most importantly, we can ereate jobs,” said Bibbo.
“We believe a project like this will give people an opportunity to live in Upper Arlington and and work in Upper Arlington and it will provide high-paying jobs.”
Those against the rezoning argue that the new income tax revenues will be offset by the loss of property taxes when the homes nearby the development have their values deerease due to their new proximity to a commercial development.
City staff: Voters should weigh benefits vs. harm
Chad Gibson, senior planning officer for the city, reminded voters the project was studied in depth by his staff, the Board of Zoning and Planning and City Council. All three supported the rezoning.
“It’s going to do nothing but positive things for the eity,” said Gibson.
He added that nearby residents were not forgotten during the process. The size of the building was reduced during the issue’s time before City Council from a 20,000-square-foot, two-story structure to its current size.
BZAP and City Council, “did take all reasonable preeaution to protect the limited amount of residential properties nearby,” said Gibson.
Gibson wanted to make it clear as well that the city itself does not propose redevelopment or have a hand in what projects developers decide to pursue.
“We did our due diligence and reviewed the project from an unbiased standpoint,” said Gibson.
“They determined that this did meet the standards of our rezoning code.”
Gibson also eautioned voters that just beeause Kingsdale may begin to be redeveloped soon that does not necessarily guarantee there will be a great deal of medical office space in those plans.
DeputatCity Manager for Eeonomic Developer Matt Shad said there is one essential question before voters in regards to Issue 51.
“Does it make sense?” said Shad. “Is the land use appropriate or not?
“And is the benefit justifiable vs. the harm?”
Money flows into campaign to get Tremont plots rezoned
By DONAVON CAMPBELL, Oct. 20, 2008
Pemberton Drive resident Fort Merullo says the process of fighting the rezoning of two plots at 3371 and 3381 Tremont Road from residential to commercial as been time-consuming, exhausting and more than a little expensive.
A look at pre-election campaign finance reports from the two sides of the issue shows just how uphill the battle has been.
Citizens Against Rezoning Tremont, the group of residents fighting the rezoning, has raised $4,095 through donations from 18 different residents, according to reports filed with the Franklin County Board of Elections by last week’s deadline.
Merullo and fellow organizer Martin Cordero each gave $1,000 contributions to the cause while the rest of the money came in chunks of anywhere from $25 to $500.
“We collected from residents and kind of did the best we could with what we have,” said Merullo, whose wife, Renee, served as treasurer of the committee.
“We had to get out and talk to people one on one.”
The difference in financing for the two sides of this campaign is substantial. Centro Inc. is the local commercial real estate company that owns the two plots and intends to install a one-story, 12,000-square-foot medical office building at the 0.92 acre site.
It has used, by way of the UA Homeowners for New Jobs PAC, some $43,663 to pay for mailers, yard signs and newspaper ads.
The committee’s report lists two primary sources of income: Centro contributed $38,064 and Barristers Inc. donated $5,600.
Centro also has had the endorsement of the UA Area Chamber of Commerce, which has raised another $13,650 in support of Issue 51 under its political action committee UA Citizens for Responsible Economic Development.
“It was obscene, their number,” said Merullo. “Who would spend ($57,313) on a campaign unless there was big money in it?”
Merullo said it appeared to him simply as a case of a business spending money to make money.
“We didn’t stand to gain half a million dollars,” said Merullo.
“The only thing we are trying to do is maintain status quo and protect our property values. We don’t stand to make money off (Issue 51), that’s the difference.”
Becky Hajost, president of the Upper Arlington Area Chamber of Commerce, said that because of the emotions wrapped up in Issue 51, it was a tough choice to make to back the rezoning.
But in the end she said the process the chamber went through to come to their decision to endorse the rezoning was done responsibly and the chamber is now doing what any good chamber of commerce around the country would do.
“This is the mission of chambers across the country, to be an advocate for business,” Hajost said.
City Councilman Eric Yassenoff, also a member of the UA Area Chamber of Commerce, said he gave $250 from his own campaign fund to UA Citizens for Responsible Economic Development on Oct. 7.
“I ran on an economic development platform (in 2007),” said Yassenoff, who was one of five City Council members to vote in favor of the rezoning in May.
“I feel by giving a contribution to the effort it’s supporting my position, my vote and my beliefs in economic development. I got to put my money where my mouth is.”
Jeff Bibbo, of Centro Inc., said his company invested so heavily in the campaign for a number of reasons.
“We have expended this money for several reasons,” said Bibbo in a statement sent via e-mail to the UA News.
“The most important of which is that we all live in Upper Arlington, it is our home, it is our children’s home and probably will be our grandchildren’s home.
“We feel that it is of paramount importance,” wrote Bibbo. “To develop the few pieces of property in Upper Arlington that can be reasonably … developed to aid in establishing a more sound financial basis for the city of Upper Arlington to continue to operate and provide services at the level that our residents have become accustomed to having.”
Arlington residents turn back referendum, uphold rezoning
Developer says rezoning on Tremont Road parcels will lead to a high-quality project that benefits the city.
By DONAVON CAMPBELL, Nov. 5, 2008
With the city’s support now official, it’s time to get to work on redeveloping two parcels on Tremont Road.
Issue 51, the resident-driven referendum on Upper Arlington’s ballot, easily passed Tuesday, Nov. 4. The issue passed 53 percent to 47 percent, with 9,401 voters in favor and 8,318 opposed.
Jeff Bibbo, of Centro Inc., said he knows how hard-fought this issue was and that his company plans on creating a project that will make UA residents happy with the decision.
“I think this is a victory for all of Upper Arlington,” said Bibbo.
“I’m going to work hard to make sure this is a project Upper Arlington can be proud of.”
Looking forward, Bibbo reiterated that Centro Inc. is dedicated to a quality building.
“We’ll stick to whatever the (Board of Zoning and Planning) requires we do,” said Bibbo.
“We’re certainly going to make (the building) a high aesthetic quality … and make sure it fits with the corridor and the properties that surround us.”
A group of 16 or so residents filled Mickie Lockwood’s home beginning at about 7:30 p.m. Tuesday night.
Pockets formed in the kitchen, the living room and a bedroom where a computer ticked off the poll results from the Franklin County Board of Elections Web site.
At first, topics stayed general, but slowly but surely the one thing on everybody’s mind at the gathering, whether Issue 51 would pass or fail began to dominate the conversation.
As of 10:30 p.m., with all 34 precincts accounted for as well as absentee ballots, the news was not good for them.
“We are disappointed,” said Fort Merullo, one of the residents who had organized and led the referendum to overturn City Council’s decision to rezone two plots at 3371 and 3381 Tremont Road from residential to commercial.
“Our people worked hard to protect U.A. from a precedent setting, non-compliant, spot rezoning,” said Merullo.
“I believe this is going to lead to a flood of spot zoning … forever changing the face of Upper Arlington.”
The vote ends a process that began in April when the Upper Arlington Board of Zoning and Planning voted 4-3 to recommend the rezoning to City Council.
On May 13, after three heavily attended meetings during which many residents came forth to speak, council voted 5-2 to approve the rezoning as well.
Shortly thereafter the residents opposed to the rezoning, lead by Merullo and Cordero, had collected enough signatures for a referendum and Issue 51 was headed to the ballot.
“I’m disappointed in the outcome,” said Martin Cordero, another referendum organizer.
“It means that the financial losses will be shoulder by neighboring homeowners at the sole profit of a commercial developer.”
The two parcels, owned by local developer Centro Inc. and located just north of the “Five Points” intersection, are expected to become a one-story, 12,000-square-foot Class-A medical office building.
While those against argued that the structure would greatly reduce property values for its neighbors, push increased traffic and overflow parking into the nearby neighborhoods, hurt the character of the community and possibly lead to more “commercial creeping” in the future.
Proponents of the rezoning included city planning staff as well as Deputy City Manager for Economic Development Matt Shad. They recommended the rezoning at the time of the council vote and the Upper Arlington Area Chamber of Commerce has endorsed the rezoning.
Supporters cited a need in the city for quality, up-to-date medical space, the constant need for a “land-locked” city to increase its income tax base as well as the fact that the structure is abutted in the south by another office building and faces an adjacent office building across the street.
