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008-99 OrdinanceRECO~tD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 08-99 (Amended) Ordinance No--------- ---- ---- -- Passed --- -- - - - - 19- - An ordinance providing for a change in zoning for 70.5 acres located on the east side of Hyland-Croy Road, approximately 3,800 feet north of Post Road in Franklin and Union Counties, From: U-1, Rural District (Jerome Township Zoning Classification), To: PLR, Planned Low Density Residential District (Park Place previously known as Metro Park Place/File No. 98-133Z). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the following described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned PLR, Planned Low Density Residential District, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed bylaw. Passed this 13~` day of ~~~, 1999. .~ ayor -Presiding Officer Attest: Clerk of Council Sponsor: Planning Division I hereby certify that cosies of this t3rJ~nance,/R Gty of Dublin in ptcordance w+th Section 131.25 o~~;Qf a p?sfed in 41~g o Ravised Coda, ~s7 Clerk f C cil, Dublin, Ilia i ..~<:i r~ rww~.. i .SITE `~`~. ~ ~~ a W ~. '.a r..__ _ M h ~ 98-133 ~ Metro Park Place . r -.. /~ 6 ~. z a ~1Y U R-1 I I R-1~~ R~ a PLR P~ 0 R-1 SITE 3 ~ ~- a tY w . r' ~'~.R R-t -1 R1 98-133 ~ Metro Park Place „ ~~~~~ NKL IN ~ R-1 PU R-3 R r 81.037 ACRES AREA TO BE REZONED ., Situated in the State of Ohio, Counties of Franklin and Union, City of Dublin, Virginia Military Survey Numbers 3009 and 3452 and described as follows: Beginning at a point in the easterly right-of--way line of Hyland and Croy Road (County Road 2-D) in the southerly line of that tract of land as conveyed to Oliver R. and Deborah Griffith of record in Deed Book 286, Page 186 (all references being to the records of the Recorder's Office, Union County, Ohio unless noted); thence with the perimeter of said Griffith tract the following courses: North 80° 58' 32" East, a distance of 1711.69 feet to a southwesterly comer thereof; North 7° 53' 00" West, a distance of 399.95 feet to a northeasterly comer thereof in the southerly line of that tract as conveyed to Johnston & Jeanne L Means of record in Deed Book 278, Page 714; thence North 80° 58' S8' East with said southerly line, a distance of 425.00 feet to a southeasterly comer thereof; thence North 20° 52' 08" West, with the easterly line of said Means tract and the easterly line of that tract as conveyed to Jon P. Riegle Trustee of record in Official Record 96, Page 767, a distance of 1663.10 feet to a southwesterly comer of that tract as conveyed to Walter L. Starkey of record in Official Record 368C19 (Franklin County); thence with the perimeter of said Starkey tract, the following courses: North 69° 12' 17" East, a distance of 239.54 feet to a comer thereof; South 20° 53' 47" East, a distance of 458.51 feet to a point; thence across said Starkey tract the following courses: North 69° 06' 13" East, a distance of 90.00 feet to a point; South 68° 00' 15" East, a distance of 42.00 feet to a point on a curve; wth a curve to the left having a central angle of 44° 19' S5', a radius of 825.00 feet, whose chord bears South 54° 04' 33" East, a chord distance of 622.53 feet to a point; South 1 ° 12' 43" East, a distance of 452.03 feet to a point; South 80° 53' 47" East, a distance of 90.00 feet to a point; South 9° 06' 13" West, a distance of 130.00 feet to a point; South 80° 53' 47" East, a distance of 80.00 feet to a point; South 9° 06' 13" West, a distance of 310.00 feet to a point; South 80° 53' 47" East, a distance of 70.48 feet to a point; . .;.~ .:i...... .. ,~: it ~ '. ~_, ~ ,~ _. ._, ~TY ~~ ~11~~~~;~~ ~I E .~ .................._.... ~~~~ L', W Continued..... ~~1~3 South 5° 10' 01" West, a distance of 131.36 feet to a point on a curve; With a curve to the left having a central angle of 26° 00' 07", a radius of 430.00 feet, whose chord bears South 82° ~,,,, 06' 16" West, a chord distance of 193.47 feet to a point of tangency; South 69° 06' 13' West, a distance of 51.28 feet to a point in the westerly line of said Starkey tract; thence South 20° 53' 47" East with said westerly line, a distance of 994.20 feet to a point in the northerly line of `Wyndham Village Section 3", of record in Plat Book 81, Page 62 (Franklin County); thence South 65° 56' 25" West with said northerly line, a distance of 238.44 feet to the northeasterly comer of that tract as conveyed to M/I Schottenstein Homes, Inc. of record in Official Record 28425F13 (Franklin County); thence South 81° 17' S9" West with the northerly line of said M/I Schottenstein Homes, Inc. tract and the northerly line of the following tracts: Northwest Assembly of God (Official Record 102, page 91), Albert Lee and Florence Schoby (Deed Book 309, Page 489) and Warren G. Gorden (Deed Book 200, Page 199), a distance of 2434.06 feet to a point in the easterlyright-of--way line of said Hyland and Croy Road (County Road 2-D); thence North 8° 29' 00" West with said easterlyright-of--way line, a distance of 911.01 feet to the point of beginning and containing 81.037 acres of land, more or less. This description was prepared by E.M.H.BT., Inc. from existing records and is for zoning purposes only. JAM:kd FII~ COPY ~~ ~-~-~', ;~ ~ ..; :~ , ` ~~TY ~F ~~ ~ i ~: EXHIBIT r ° f~EZO ~ N *_ ~) TO EXPIRE CI'T`Y OF DUBLIN 5800 Shier Rings Road Ordinance No. Og" g ~~~ Dublin, onioa3ols Gity Council 1st Reading PhoneRDD:614/761-6550 Ci+,~ Council Public Hearin Fax: 614/761-6566 `7 g City Council Action .~~ FOR OFFICE USE ONLY Amou ived~ Appli i No: P&Z Date( ): 9 PSZ Actio P~' ~ ~~ Receipt No: / ~ MIS Fee N ~~~ Date Recei ~ Receiv~~~/. _ ~~~~/ ~C Type of Request: ^ PLEASE SUBMIT TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS -PLEASE PRINT AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION and CHECK THE TYPE OF APPLICATION ^ Composite Plan(Code Section 153.058) ~ Preliminary Development Plan (Code Section 153.056) ^ Other (Describe) I. PROPERTY INFORMATION TAX ID NO/ 273-358 (Franklin County) Parcel Size:~TlO ~~- ± DISTRICT PARCEL NO: acres (Acres) Property Address: Hyland-Croy Road Property Location: East side of Hyland-Croy Road,. approximately 4,400 feet south of Brand Road. Side of Street: (N, s, E, W) East side of Hyland-Croy Road Nearest Intersection: Hyland-Croy and Brand Roads Distance from Nearest Intersection: N, S, E, W from Nearest Intersection SOUth Existing Land Use/Development: VaCarit~AcJrlCUltural us es . Proposed Land Use/Development: Slagle-family subdivision. ~~L )~ Current or Existing Zoning District: liL" r Requested Zoning District: No. of Acres to b i~' recent ~s ` nnexe PLR ~-~~ Q~i ~ . ;3i~ . ,I ~ ,• t 4 Page 1 of 4 Rezone Application I I STATEMENT: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. The proposed rezoning is for the Planned Low Density Residential District, as it will connect to the existing Wesbury Subdivision and provide an access through to Hyland-Croy Road. The general area around the site within the City of Dublin are being developed with single-family housing. The proposed location of the new school site will help to provide an anchor for the housing development in the area. The proposed PLR District is in Character with existing and proposed uses in the area. STATEMENT: State briefly how the proposed zoning and development relates to the Dublin Community Plan. The proposed site is planned for Medium Density Residential development with a density of 1 to 2 dwelling units per acre. The proposed PLR submittal is in line with the future land use plan for Dublin. The PLR submittal includes a 29~ acre tract to land that will become part of the Metro Parks new regional park that will serve Dublin and areas in the vicinity. PREVIOUS APPLICATION? Has an application for rezoning the property been denied by the City Council within the last two (2) years? YES ^ NO IF YES, WHEN? State the basis of reconsideration: IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ® NO ^ IF A PLANNED DISTRICT IS REQUESTED, IS PROPOSED DEVELOPMENT TEXT ATTACHED? YES ® NO ^ PLEASE INCLUDE THE FOLLOWING 14 COPIES OF LEGAL DESCRIPTION: Legal description of the property to be rezoned consists of ~ page(s). ~X ~"~ I ~j/'T ~ f ~a PLAN REQUIREMENTS: 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 24" X 36") SHOWING: a. The site and all land 500 feet beyond the boundaries b. North arrow and bar scale c. Existing conditions (Roads, buildings, vegetation,topography, jurisdictional boundaries, utilities, etc.) d. Proposed Uses (Regional transportation system, densities, # of dwellings, building/unit types, square footages, parkland/open space, etc.) /~ p~ e. Existing and proposed zoning district boundaries ~ ~ ~ ` fl ~ f. Size of the site in acreslsquare feet; and ~V^ !Vi g. All property lines, street rights-of-way, easements, and other information related to the location oft o ndaries. 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11" X 17") 'I 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8'/:" X 11"AND NOT MORE THi~N 16" X 20 ~ , Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned ~' ti 1 - t ~t"~`'7 ,,.,,~.: Page 2 of 4 •. - Rezone Application III. CONTIGUOUS PROPERTY OWNERS List all neighboring property owners within 300 feet from the perimeter of the area to be rezoned. Such list to be in accordance with the County Auditors current tax list. (Use additional sheets as necessary.) Labels formatted for Avery 5160 may besubmitted as labels or on a computer disk. PROPERTY OWNER (not Mortgage Company or Tax Service) MAILING ADDRESS CITY/STATE2IP CODE See attached sheets ~~~7 ~~I ( ~ ~ ~ ~{' u, ~S AIL ~~s .~ Page 3 of 4 ~' ~ ' ...._ ,r~PJnnP:Ann~iro/inn ~. _,> IV. PROPERTY OWNER INFnRMeTr[~19M" Name of Current Property Owner(s): COlumbuS Builders Supply, Inc . Mailing Address: 8 0 7 W . Third AVe . (Street, City, State, Zip Code) Columbus , OH 4 3 212 ~ - Daytime Telephone: Fax: Name of Contact Person", (ex. Attorney, Architect, etc): ' Beri W. Hale Jr Please complete the Agent Authorization, Section VII, below. , Smith & Hale Mailing Address: 37 West Broad Street, Suite 725, Columbus, OH 43215 (Street, City, State, Zip Code) Daytime Telephone: (614) 2 21- 4 2 5 5 Fax: (614) 2 21- 4 4 0 9 Which of the above is the primary contact person? Ben W. Hale (Jack Reynolds ) V. AUTHORIZATION TO VISIT THE PROPERTY Site visits to the property are necessary by City representatives in order to process this application. The Owner/Applicant hereby authorizes Ciry representatives to visit, photograph and post a notice on the property described in this application. VI. UTILITY DISCLAIMER The City of Dublin will make every effort to provide essential services to the property as needed. However, the rapid growth of the City of Dublin and northwest Franklin County has stretdled the City's capacity to provide these services to the limit. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date. The Applicant/Owner hereby acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Applicant. VII. OWNER AUTHORIZATION FC1R RFPRFCGUTnrivc 1, (See attached sheets) S ~~ ~~,r~1 ~ 17 ,(.~ ~ , ,the owner and applicant, hereby authorize to act as my representative and agent in all matters pertaining to the processing and approval of this application including modifying the project, and I agree to be bound by all representations and a reem nt d b g e s ma e y the designated agent. Signature of Current Property Owner• Date: Signature of Current Property Owner• Date: VIII. APPLICANT'S AFFIDAVIT STATE OF OHIO couNTY of FRANKLIN l,JaCksori B. Reynolds III ,the applicant or the applicant representative,haveread and understand the contents of this application. The information contained in this application, attached exhibits and other information submitted is complete and in all respects true correct, to the best of my knowledge and belief. Signature of Applicant or ~,,~r ~ /p'~~/,I Date- '7 ,// / Authorized Representative: ~'vr l./ ./ ~ - ~ v / l G~ Subscribed and sworn to before~f~fe this ~ ~-- Uday of ~P G (~(/Yj~ ~ fg ~,~ t.....' '. .Notary Public ~n ' s j ~ P ~. ,~ ~ i` ... 3 ; I .~~q F,9 qy ~ ` BETSY B. GAITERS (~~ ' ' k. ~* • NOTARY PlI6LIC, STATE Of OHIO MY COMMISSION EXPIRES DEC.15, 2002 ~ ~ ~.,, ~ Rev. February 13, 1998 Page 4 of 4 ~ $ / ~ /. 9~ G ~OFFICE~wa~nncs~rnaruc~eo(oJ rV^TO~~^, r ^~~ '99 10~07AM EMH&T .'. ••°' -:•,'=~-;?~ .. ~1..~:~_;"-_ ';f`~t°'~~ '-'- -'~~ . ,~~ • ~~ ,•~ ~ • • ~ r r • • 0 ` ' V. ~ ~ ~ Q J 0 e . k • ~ FJOlIBIZ "A" `•~: ' ~ ,. ~ - ~~ ~~ ~'i ~ ~ ,,f{OtI~ . ;• tMr•\.t• ~LLMrr• `'{ ~ • IM.{. ~'11`~ L 711.1{ , IWN•,•N~ 01 •i0. ~ , , ••1111 11{.1111 1' r.,..•• O••,•• ~ , 1 CKw H111 171•N{I t••1 Yy.i1i r• ' 3 COH••dt•,M •r•••N ' tYMO.•.rK {Y.•,•~ ' N. {'•M41• N100••O.1 May 2, 19ei • • Description of a 70•S22 1-cre Tract Poe .lane 6. CrltEith, et al Situated in the Townahlp o! Jarolse, rnion.COUntr, and the Township o! Nashington, 9ranklln Cov~nty, and State of Ohio Bning a part o! VNS 3009, and~VM3 3452, and being twre , partlculariy described as tollorla{ • :, .,,, Commencing at a railroad spike,Eoand,lq:.tha•loteeiee0ion•ot•~•. ' County Road 2-C (8yland-Croy,1load),aed:wsldoq~Aoadl.~~;`~~~ ~~~ thence along the centeeline ot. Coagty ~iiaed`~Z~r:••Netth Oa•,'29' ~~ 00• Neat, a dlstance of 618:16 teet.to•a•,railsoad.eplke touad ~; ae the norehrest corner of a 25.0 ecrt traat.el.land nor or r Formerly owned by Helen L. Borden as deacribed•in Deed took '•' 75°, page 396; Said railroad spike also being ?!lE TRU6 PLACE Or ~, BBCINNINC~ . "" thence contlnutng•along the centerline o! said County Road 2-C, x=' horeh 09. 29' weal, a distance of 910.63 feet to a railroad ~%~' spike found se the eonthweat corner of a~15.999• acre tract o! ..k~ land nog or toraierly oNnsd by )l. 0. and D. L. Gslttltb ae ~~t. described !n Deed Hoek lei, page la6t • ~ .•,:. . ~ thence along the south line of aaid 15.l99e acre tract, North ;~.• e0. 58' 32' zest ~paaelag over a S/e• ^olld iron pln aet'a! •~ 23.00 Eeet) a total distance of 3736.69,teet Loa 5/e• selld -, iron pin ace at the southeast corner ot.ehe i5.!!9e acre tracer ' thence along the east Tina o! aaid 15.9l9A scrs trace, North •~'% 4;' S]' 00• Nast, a dlstance o2 399.95 lest toe 3/4• iron pipe `~'•% found on the south llne of • 32.320 ecsa trace of lead noN or ~1 G~rmerly owned by 1. H. seQ J."LL: Mesos ae described is Deed ~' •: ~ Book 27e, page 711E ~'~;'~ '~" ~ thence along the south line o! ^aid 32.321 acre tract, North ~:~ •••~ } e0. 59' Se• Basl, a diatance'o! 425.00 lesE to a 3/1' iron pips J.'~ ~ tonnd at Lhs coutheaet Corner of the 32.321 acre esactt ~~. ;•-,>;.; !hence slonq the eaateriy~line Ot aaid 32.32• arse tract (aed extension th~reot, and !!{8,VM8 line Comwoa !o VMS 3452 i VMS ~~ `~„~,~ 3009), North 20' S3' 01• Kest, a dlatanca o!'16i3.10 test to a 1!_° • ; 1 5/0• solid Iron pin sett \'Y . 3~r,;, •~,{;~,;, • thence lOosLh i!' 12' 17• e;aet, a distance of 23!.54 lest to a ~`` ~%~.~• •• ! cornetetone foundt ''' r t~' •~• 1 thence South 20.153''' 17•, Eaat,~ s distance o! 3003.51 Eeet to a •~{y'"~';.°:1~;`?°'1 eorneratone• Eoundj ,~ :;,,:,• •''. •: ,.~e.,.• ~,~ ~~•. `,:~fy~, .~::. .... ~'` ';,,~ ~ thence South 65' 36' 35', Mese.''s dietaocs•'ot'••Zle.el~ t~et• to a • •~:~`~ • , ! corneratona found at4 the soathveht •'cor~et''o(. VMe 3009 • '; • . • ,~'~ thence •south Ol•,lA' 37!;Neat.' (paaslag ~Jer,~a• 3%4' lion. pipe '~~r"%` found at leii.97"leet;'an4 a•S/a7saolldh=lron'Dln act at 2435.70' r ~=1~•~~„ feet),, a tots diataecd• ot. 34SA:7Q~ tset;to, Ths:lrpe Place of • ~le9fnriingt'°"-~•;'~c.: •., ~ ~,,., r 1 >rC 1 i ~ ' 1 +=1•.4r";p t t '' .;+~.,~ ~' ~ ~,. ,~'.ti~~~+ir~'~' ~~N til, r"VI"`:,.~:+~, : ~ .~~.; , Ik~ ~~' .`.~t'e:'~,}:4{;~t+4``:`,' i ~:.7',;•.~:r• :• . ~ °S. ter`' ;'. ,,.. ~~~:.' ..., .. •~ ..,.:.y +; ~ 4, ,~.:' ~,.° ,~ '~~ ., DEC 10 '99 10~08AM EMH&T Q v ~ r' ' ; ~ ~ . ~' • -2- '~ ~ '• .. . . Containing X9.522 acres moss os leai;'ot'~61ch 7.0 icree aim is VMS )009, and 1A.9ii scree are•in VM9 3~5Z.~ero~e ?oynahip, unlen County. and li.SSA acres are In Nashia9ton.Tovnshlp,• Prenklln County ' subject to all easements,•reatrictlona sad rlghte-of-vey of record; ... Por last conveyance refer to Oe~d sook =I9, page Sd~, Oaioa County Recorders 0!llcet All iron plus set are S/A' eollfl Iron pins with yeilor plastic. caps stamped S?l)LTS i ASSOC. , r ~• • searing eyatea Daeed on centerline bearing4:eL~C:R:~•2=C`.1Mort6~~•••~ OA' 29' t~ese), taken frog a deserlpeloa:b~y;:'~C:~;Y:; eisd:•:and:lt.~.:.•_, ~ ' •• J. Bull, tad., dated,pov. 2S, 1ls3•tor..L:'atsoblo:.'•'~ •' OI ,. .y~.~`. •.. s !'1 ~ %t. '' F ;~c'1, i ~'f t ..:~ •,:y,') r ~: •.i r~ ..:, ~""~}eye ~a. s; ., .~:lill .r'~y :~Y~^I •.:~ rMy.:Mar ~. w ,' :~ t. ,~' ~ .. ~~ •r.r~.k. ~i ~~^f=.~ 1 s a- ~ i,~•~~,' t • , 1 r.rt '. .~ 3.i*' • ,- 1~i a. pia 5no seer • b K ~~ ° Regletarod.'8urveyor ro. 9SS! "~ -; :., ~., ~: , • ••i , ~ • 1~~~ "p ~;;.J~:ti;.~,%;~~:j'f at'e'. •'~' ~ . -'ti '. .,.h: ',:,f;' :'" .iyfi tau;?? ~a :~~.~ V{:S• r ~r•;jl+ ~ ~ ~ ' :`"' ~,. ~ . . ~aier t" . iii ~, :~ File #9801034 LEGAL DESCRIPTION ExHxBIT .•A„ Situ-ted in the Staze ot•ohio, County o: union, ?ovnship of """' Jerome, in Virginia 1~tllitary Survey No. )IS2, and being a portion of an original Sl.7] sere tract of Iand conveyed to Aiehasd H. Greiner ' by deed of record in D~„eed Jack R.•Crowe and Darrell A. Hutchinson ,~, ZS1 s Recorder's O:tics, union County, ohio, and bcu:.dad ir Sook !~~ , _„ and dascribcd as follows: •' • " eegi»»inq at a railroad spike found i» the centsirli.ns of • . , ~?litchell t DeHitt Road - County Road f1o. 9-6 (SO feet ~+ide1, in the . ease Tina of said Virginia Kilitasy i1o. ~1s2, in the •+sst lies of at the• »or~d~~ eons= of said 516= No s • , . urrey Virginia »ilitary i osigi~al 59.72 acts tract a~-d a!`le?-a sosthWast'Y!~ r e! a 146.35 ..• • County~ conveyed acts tract ot•lsnd (Z0.7S acres of which ors in Union I to Naltar L. Starkey by deed of record is Deed Sook 28=, 8age~1)S. . olilot .. •; Recorder's Ottice, Union County. • ... ~ •~~ thance•S•i••00''/l' ~ along a portion of the rest lint of raid ~• Virginia Military Survey No. s1S2, along a portion of the vest line . o! said Virginia Military Sus~bey 80. 6162, along ehs east Tins of said original 59.7) acre tract and along a portion of the vast lies oL said 113.23 cress react a diatanca of 1.260,07 fret to • ]/1-inc;ti utheast eon»cr of said a:igipai 39.7) =.D. iron pipe touad at the so aex^ tract and at the northeast corner o! a 51.6 acre tract of land conveyed to Lela»d and Deane Bishop by•deed of record in Deed.Dook ' 229, Aage l9, Recorder's OEtiee, union County, Ohio (passing a 3/1-inch 2.0. iroN pipe sec in t.1s south right-ot-way lino of Brand Road at 26.01 teet~f • tAenes S B1. 29. 2S" W along a portion of t•Aa south line of said original 59.79 acts erne: and along a portion of the north line of .~. said 51.6) acre tree: a distance of 870.53 test to a )/1-inch Z:D. iron pipe previously set at the southeast corner of a )O.Sol'acrs xraot o! land con~syed out of said origi»al 59.77 acre tract to ' 266, Page 653. Ric!-ard S. Valan:in by. dead of record in peed Book Reeordsr•s office, union county, ohio. •• •• thence H-9. 00' 00' H along the east Tins of said 30.501 acre ~ ' tract pa-allal ~+ith the ce»tezli»a of Hyland t Croy Road -County Road ~io. 2-C, parallel with ths.west line of said origi»al S1.7] ,the west lino of said Virginia Military , acre trace and parallel vith . Survey No. )/S2, a distance of 1,86,92 feet Co a ]/1-inch Z.D. iron pips found at the northeast eorner'ot said ]0.501 acre txt:t, at a cornea of acrid original Sf.7] tore tract•and •t a cosset of ap original S].S acze tnaet of Land conveyed to Lsland and Deans Bishop by dead of second in Ossd Book 7 07, Paga IS,Reoosdos's Ottioe, Union eou~~~oe thsnos K Sf• tt~ SI' S along a North line of said orirginal f. Q acts tract and along a south line of said original S).S acre tract • ~ X133 ~ a distance of 302.15 feet to a stone found at a corner of said original Sl.73 acre tract and at a corner of said original S).S acre traetr thence S 79' SS' 12" E along a north line of said original, ,S~.T)'rn ;~. _ l,~~I1~ (~-~~ acts tract a diseases of 689.8] feet to the place o[ beginninq~, ~' -°~ ~? I containing 29.20/ aezes of laid sots or less ~ , v !+~`.' 1I~$ ` .r .--. :. , . . 81.037 ACRES AREA TO BE REZONED Situated in the State of Ohio, Counties of Franklin and Union, City of Dublin, Virginia Military Survey Numbers 3009 and 3452 and described as follows: Beginning at a point in the easterly right-of-way line of Hyland and Croy Road (County Road 2-D) in the southerly line of that tract of land as conveyed to Oliver R. and Deborah Griffith of record in Deed Book 286, Page 186 (all references being to the records of the Recorder's Office, Union County, Ohio unless noted); thence with the perimeter of said Griffith tract the following courses: North 80° 58' 32" East, a distance of 1711.69 feet to a southwesterly comer thereof; North 7° 53' 00" West, a distance of 399.95 feet to a northeasterly corner thereof in the southerly line of that tract as conveyed to Johnston & Jeanne L Means of record in Deed Book 278, Page 714; thence North 80° 58' 58" East with said southerly line, a distance of 425.00 feet to a southeasterly comer thereof; thence North 20° 52' 08" West, with the easterly line of said Means tract and the easterly line of that tract as conveyed~to Jon P. Riegle Trustee of record in Official Record 96, Page 767, a distance of 1663.10 feet to a southwesterly comer of that tract as conveyed to Walter L. Starkey of record in Official Record 368C19 (Franklin County); thence with the perimeter of said Starkey tract, the following courses: North 69° 12' 17" East, a distance of 239.54 feet to a corner thereof; South 20° 53' 47" East, a distance of 458.51 feet to a point; thence across said Starkey tract the following courses: North 69° 06' 13" East, a distance of 90.00 feet to a point; South 68° 00' 15" East, a distance of 42.00 feet to a point on a curve; With a curve to the left having a central angle of 44° 19' S5", a radius of 825.00 feet, whose chord bears South 54° 04' 33" East, a chord distance of 622.53 feet to a point; South 1 ° 12' 43" East, a distance of 452.03 feet to a point; South 80° 53' 47" East, a distance of 90.00 feet to a point; South 9° 06' 13" West, a distance of 130.00 feet to a point; South 80° 53' 47" East, a distance of 80.00 feet to a point; South 9° 06' 13" West, a distance of 310.00 feet to a point; South 80° 53' 47" East, a distance of 70.48 feet to a point; .. '~ ~ . 1 f~ ~~ ~ 0,~.....,....._...._.._ ~~ /~~ Continued..... . ~ ti OWNERS: Columbus Builders Supply, Inc. 807 West Third Avenue Columbus, OH 43212 Walter Starkey 6503 Cook Road Powell, OH 43065 ~ ..~, ~ i . ~ ~i SURROUNDING PROPERTY OWNERS liver Griffith Johnston & Jeanne Means X40 Hyland-Croy Road 7660 Hyland-Croy Road ~rlain City, OH 43064 Plain City, OH 43064 Sandra Wilson Smith, et al. 319 Old Spring Court Dublin, OH 43017 Northwest Assembly of God 7055 Avery Road Dublin, OH 43017 Warren Gorden 7270 Post Road Dublin, OH 43017 William & Susan Grote 1247 Oakland Avenue Columbus, OH 43212 James & Lillian Edwards "'x'')41 Brand Road ublin, OH 43017 ~...,, Michael & Pamela Yeager 6564 Wynwright Drive Dublin, OH 43016 Shawnee Hills Land Company 5131 Post Road, Suite 203 Dublin, OH 43017 Anette Stein 6540 Wyndburne Drive Dublin, OH 43016 Paul & Peg Jacquemin 7437 Hyland-Croy Road Plain City, OH 43064 Melvin & Annabel Gentry 7525 Hyland-Croy Road Plain City, OH 43064 Michael & Susan Norton 6580 Wynwright Drive Dublin, OH 43016 Daniel Williamson & Carol Boeker 6556 Wynwright Drive Dublin, OH 43016 City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Carol Cheng 6532 Wyndburne Drive Dublin, OH 43016 Jon Riegle Deane Bishop 7751 Hyland-Croy Road Plain City, OH 43064 Albert & Florence Schoby 6233 Post Road Dublin, OH 43017 Arthur & Elizabeth Wesner 7455 Hyland-Croy Road Plain City, OH 43064 M/I Schottenstein Homes, Inc. 3 Easton Oval Columbus, OH 43219 Steven & Mary Gilkerson 6572 Wynwright Drive Dublin, OH 43016 James & Ngan Lee 6548 Wynwright Drive Dublin, OH 43016 The Dublin Board of Education 7030 Coffinan Road Dublin, OH 43017 George Dalton 6524 Wynwright Drive Dublin, OH 43016 `/~ ~~ l ~'~~l ~ Z 4. Paul Herbert Satya Chauhan John Myers 6516 Wynwright Drive 1073 Bluffpoint Drive 6500 Wynwright Drive Dublin, OH 43016 Columbus, OH 43235 Dublin, OH 43016 Scott & Melinda Bellinger Vernon & Donna Eudell Richard & Larrie Habel 6442 Wynwright Drive % Nationsbank-Louisville 7403 Wynwright Drive Dublin, OH 43016 % Transamerica Tax Service Dublin, OH 43016 1201 Elm Street, Suite 400 Dallas, TX 75270 comas & Christie O'Brien Catherine Gerzina William & Mary Emerick ~~02 Wynwright Drive 6481 Wynwright Drive 6466 Wynwright Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Perihan Turkoglu Gregory & Betsy Bickett Donald & Pamela Gilliland 7415 Wynwright Court 7416 Wynwright Court 6433 Wynwright Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Craig & Lisa Heere Dean & Annette Dresser David & Becky Merola 6434 Wynwright Drive 6426 Wynwright Drive 6418 Wynwright Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Ken Erickson Stephen & Rebecca Swanson Robert & Sharon Adamek 6417 Wynwright Drive 6410 Wynwright Drive 7478 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Waiking Yee Linda Zarlengo Goverdhan & Sheila Lahoti '"~'"~90 Tullymore Drive 7500 Tullymore Drive 7510 Tullymore Drive ublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Steven & Jodi Rhodes Robert & Kimberly Rhinehart Damon & Kara Lewis 7530 Tullymore Drive 7538 Tullymore Drive 7546 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Kevin & Linda Knebel Stanley Miller & Beth St. John Jeffrey & Annette Barnes 7554 Tullymore Drive 7562 Tullymore Drive 7483 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Greg Chu Randall & Suzanne Hicks Paul Naglich 7495 Tullymore Drive 7507 Tullymore Drive 7515 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 z~~ ~-~ fig::.-,:..... { .. ,.~;. Bret & Joy Queary John & Gloria Stueve Michael & Laura Roberts 7523 Tullymore Drive 7531 Tullymore Drive 7539 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Benjamin & Jane Ritchey Daniel & Lisa Berk David & George Nosker 7547 Tullymore Drive 7555 Tullymore Drive 7565 Shanagan Street Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 ~drick & Deborah Varble Keith & Karen Blosser Jeffrey & Amy Bruns 79 Shanagan Street 7587 Tullymore Drive 7595 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Michael & Diana Hiler Martha Hunt-Miller James & Georgia Navarre 7603 Tullymore Drive 7611 Tullymore Drive 7619 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 John & Deborah Cacchio Salvatore & Anne Valvano John & Kimberly Cascioli 7635 Tullymore Drive 7627 Tullymore Drive 7643 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Don & Barbara Molt Paul & Joyce Ward Timothy & Suzanne Krieger 7602 Tullymore Drive 7610 Tullymore Drive 7618 Tullymore Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Tregory Junk Kathleen Gauntner Scott & Frances Sibberson 398 Tullymore Drive 7642 Tullymore Drive % Northwest Electronic Tax Service Dublin, OH 43016 Dublin, OH 43016 405 South West Fifth Street ".g Des Moines, IA 50309 Brian & Angel Folwarczny John & Sandra Peecock Sandra Wilson Smith, et al. 7658 MacRenan Lane 5262 Redlands Drive 10152 US 42 Dublin, OH ¢3016 Hilliard, OH 43026 Marysville, OH 43040 :~ Douglas & Jodel Tiarks Scott Costanzo Gregory & Beth Haeuptle 7666 Tullymore Drive 6395 MacRenan Lane 6405 Fayborough Court Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 David & Tina Soehner Frank & Lisa Wilson Kevin Putnam 6411 Fayborough Court 6415 Fayborough Court 6410 Fayborough Court Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 7` a~~~~~ .;~,. Rakesh & Mona Gambhir Charles Smith Donald Green 5873 Natureview Lane 6403 Monaghan Drive 6394 MacRenan Lane Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Robert Nussbaum Curt & Bonnie Cooper Susan Napolitan 6395 Monaghan Lane 6416 Monaghan Drive 6406 Monaghan Drive Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Haig & Joan Benson Keith & Debra Dotson Geoffrey & Karen Staursky MacRenan Lane ... 7754 MacRenan Lane 7887 Wiltshire Court Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 Colin & Tracy Niemeier Christopher & Jennifer Eldridge David Lynch Nationsbank-Louisville % Northwest Electronic Tax Service %Nationsbank-Louisville Transamerica Tax Service 405 South West Fifth Street % Transamerica Tax Service 1201 Elm Street, Suite 400 Des Moines, IA 50309 1201 Elm Street, Suite 400 Dallas, TX 75270 Dallas, TX 75270 Deborah Maynard Frank & Lenore Larubbio Matthew Gray Nationsbank-Louisville % Bank First National % Bank First National Transamerica Tax Service % Transamerica Tax Service % Transamerica Tax Service 1201 Elm Street, Suite 400 1201 Elm Street, Suite 400 1201 Elm Street, Suite 400 Dallas, TX 75270 Dallas, TX 75270 Dallas, TX 75270 James Diebold Robert & Patricia Radziszewski Theodore & Carol Gallagher Nationsbank-Louisville %Nationsbank-Louisville % Norwest -Minneapolis Transamerica Tax Service % Transamerica Tax Service 1021 10th Avenue SE 1201 Elm Street, Suite 400 1201 Elm Street, Suite 400 Minneapolis, MN 55479 Dallas, TX 75270 Dallas, TX 75270 avidson Phillips, Inc. Thomas & Laurie Solomon Richard & Loretta Belville 152 Goodale Blvd. % Norwest -Minneapolis 7951 Townsend Road ;olumbus, OH 43212 1021 10th Avenue SE Dublin, OH 43016 ~'" Minneapolis, MN 55479 Homewood Corp. Jornel Rivera Syed Ather 750 Northlawn Drive % Developers Mortgage % Developers Mortgage Columbus, 4H 43214 750 Northlawn Drive 750 Northlawn Drive Columbus, OH 43214 Columbus, OH 43214 James Drey ~' ~ ~ o GE Capital Mortgage Corp- FARETS ^ '~~~ 8435 Stemmons Freeway !~`/ ~- ~_ Dallas, TX 75147 ~ ~ ~r~ ~,t ;,.' ~~r ~ _ ,i ~ i~` f ~~/ 12-10-98;11:02AM;Smlth & H81@ `~.N' ;614 221 4409 z 2~ 2 COLUMBUS BUILDERS SUPPLY, INC. 807 West Third Ave. Columbus, OH 43212 614/294-4991 614/294-1694 (Fax) HEATH BUILDERS SUPPLY 1697 Hebron Rd. Heath, OH 43056 614/522-9400 ~kl~lQ/T .Q ,3 To Whom It May Concern: 7969 Memorial Dr. Plain City, OH 43064 614/548-4990 1-800-356-9189 I, Chris Herold, as the authorized representative for the owner(s) of the property included in the rezoning area, hereby grant to Ben W. Hale, Jr. and/or Jackson B. Reynolds III of the law firm of Smith & Hale, or their designee, the authority to submit and pursue the rezoning to PLR for the 110+ acres on the east side of Hyland-Croy Road, and any other appropriate applications necessary to allow the proposed development of the 110+ acre tract. The above named attorney representatives have the authority to represent the owners' interests in the subject property at all applicable hearings to insure the rezoning process and any other administrative reviews are submitted and completed to allow the development of the property as a single family housing subdivision. ~~~ 3, f ~ 8 Date ~~ WAS ~fl°~Y 1`,tN~.JF {~t ,~ Signature Quality Material & Service Since 1907 Y q~~,°e. 4' '~s~ y ' Q e ~ , ~ ~ ' _.....:fiP' q „ h Q TI M `~ ~ ~ rQ~ Q9 < i < F ' Y $ ` ` TI +7 y +~ M i a ~ E o~ z E e ~ ~ y~ti t ; a ,. ~ eAy ~ ~ y ~o~~a ~~` ~~>. W < ~c~~ .y7 p ~$ °' Y 841 .~2 ~~~~E e=t~ BIZ Ulp e g_.~c ~ a 1 ~ ~ ti ~ 3dS~ Z~U yhze iP I ~ o YIZ ~.~z M q r , , .Ey a ! IZ ~ ~ ~ m di. ~I \ \~ j'' i _" 3 ' No'Disturb Zo^° - 2 .~~ . _ ^ ~ w ~. ~ b t'e ~ ~ w w p ,'~. . _ ~ x ~ e /. .]/ . J _ I`llI 6 ~ i `~~ 1 a;, ;; ~ \ ` , ` : ``1 / I UU ~ ~ \` ~ ~ \ h m 1 + 1 !~ ~ ~ m N i i/ ~ i !~ `\ 1~ ': i~ ~~ ~\ \ ~ , t i : • : .. ~ I ~ ~ ~'~ ~ J ` V ~ 1 ~ ~ ~~ I '~. ' . Z ~` i . `\ GYF Z ~~ .. \\\lll 9 Q ~ .aS I `~...: ~a :; r! ~ ` ```` CIF = oa s~ UI O, mo Z I Z QQI LLI ~ a~ a _v a o w z ~~.~ ~ a ~~ ~~~ ~ ~ p a x P ~ a E ~ W a t\ A Q O H (~ :~: ~:~:83 y . $.' m ®~' 0 e R f , «:~/D~f ~'OPOSED TEXT PARK PLACE SUBDIVISION PLANNED LOW-DENSITY RESIDENTIAL DEVELOPMENT PLAN TEXT COLUMBUS BUILDERS SUPPLY TRACT HYLAND-CROY ROAD 12/2/99 The following information is submitted in accordance with the requirements of Section 1181.02(b)(2) of the Dublin City Code and include a total of 70.5+/- acres which includes 29.2 acres of open space/park land north of the site. A. The proposed location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan: Gross acreage: 70.5 acres, (Acreage to be rezoned to PLR - 70.5E acres), (Smith property - 29.2E acres) Total units: 154 single family lots/houses Gross density: 1.54 du/acre with park areas and Smith parcel(Maximum density on 70.5+/- acres is 2.15 du/ac.) Lot size: 80' x 130' with a minimum lot size of 10,400 square feet (minimum lot width is 80; at the building setback line) Setback from dedicated road right-of--way: will be 30' and 35' along those lots with 70' right-of--way Lot side yazds: total lot 14' or more with a minimum of T on each side. Lot reaz yards: for main building it shall be 25% or more of the lot depth but not to be more than 50' with a minimum of 30' Maximum height: 35' No-build zone: No-build zones shall remain free of any structures including, but not limited to, drives and walks, buildings and outbuildings, sheds, fences, (except adjacent to park ground) swimming pools, decks, swing sets/play structures, satellite dish antennae, etc. Nothing herein shall prohibit overlot grading and drainage facilities and utility lines and utility structures within said no-build zones. The rear 20 feet of all lots within the subdivision shall be covered by a no-build zone to keep those areas free of obstructions and to preserve the existing tree rows. No disturb zone: An area designated on a subdivision plat which shall remain free of any structures including, but not limited to, drives, walks, buildings and outbuildings, sheds, fences, swimming pools, decks, swing sets/play structures, satellite dish antennae, basketball courts, etc. The existing natural features shall not be disturbed, removed, or physically altered unless written permission is granted by the Planning Director or designee. Grading activities and placement or utilities within s ' e t Q ~ ~y l~ u u a ~p~ DEC - 21999 U CITY OF DUBLIN PROPOSED TEXT ~~ permitted unless written permission is granted by both the Planning Director and the City Engineer or designees. Utilities may cross at right angles to the said zones or run outside and parallel it. B. The proposed size, location and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces: Park open space provided: Park open space required: S.SSf acres (located within Metro Park Place) 29.204E acres (Smith property located north of the site--it is to become part of the Metro Parks park). 12f acres The 1.87 acre open space shown at the entrance to the subdivision off Hyland-Croy Road shall be owned and maintained by the home owners association; additionally, the 1.25 acre tract along the northern tributary at the north fork of Indian Run and the 1.36 acre tract along the western tail abutting the Bishop and Means property shall be the responsibility of the home owners association. The 1.25E acre park identified on the updated plan on the north side of the site shall be dedicated to the City of Dublin after the platting of the subdivision for the purpose of maintenance and control of this open space. Location: See attached preliminary site plan. The open space locations shown on the preliminary site plan are schematic and maybe adjusted to accommodate final development. Buffering and landscaping and a tree preservation plans shall be submitted as part of the preliminary plat process. A 200 foot scenic setback will be provided along Hyland-Croy Road in which street trees, landscaping and an entry feature will be located. Street trees shall be chosen from the City of Dublin approved street tree list and will include the but not limited following two species and shall be placed 50 feet off center: Green Ash, and Red Oak and these trees shall be planted so that only one variety is used per street. For any utility boxes located in the front or rear yards of homes within the subdivision, the developer shall provide an evergreen shrub screen that will hide the boxes from view. A 30-foot wide tree preservation zone is shown along the various property lines and as such will be included on the subdivision plat with a note regarding the maintenance and removal of trees in these areas. 2 PROPOSED TEXT A 3-rail wooden fence (styled after that utilized in the Indian Run subdivision) shall be erected along the western leg of the property, specifically along the Bishop and Means properties. C. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness: Sanitary sewer and water shall be extended to the site from the current termini adjacent to the proposed development area. Surface drainage shall be handled in conjunction with a lake/retention basins within which will be constructed by the applicant with approval from the City of Dublin. The stormwater drainage shall comply with all applicable requirements in the Dublin Code, and a stormwater drainage plan will be submitted for review prior to the preliminary plat. D. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other access ways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness: See the attached preliminary site plan which shows the developer's attempt to tie this proposal into the development to the east to connect the Westbury Subdivision to Hyland- Croy Road. An additional connector will be made to the Wyndham Village Subdivision to the west (two stubs) and stub streets provided to the south at the Schoby property and from the Westbury subdivision to the Bishop property and to the west into the Griffith property. The internal street system collector will have aright-of--way of 60' and pavement width(s) of 14' for each lane and cul-de-sacs will have aright-of--way of 110' and a pavement width of as determined by the City of Dublin Engineering staff except for those road right-of--ways identified on the site plan with 70' widths. The developer shall dedicate an additional 10-foot wide strip along the Hyland-Croy Road to meet the requirements of the Dublin Thoroughfare Plan. Any intersection improvements for Hyland-Croy Road will be coordinated with the City of Dublin Engineering staff. The developer shall install a left turn lane from Hyland-Croy Road into the site and shall install street lighting at the entryway intersection. Four foot wide sidewalks will be installed on both sides of the streets within the subdivision to provide for pedestrian traffic. An east-west sidewalk which will extend through the subdivision from Hyland-Croy Road shall be five (5) feet wide. An eight (8) foot wide bike path shall be installed along the east side of Hyland-Croy Road according to the Area Plan. A bike path shall be installed to provide access to the North Fork of the Indian Run Creek, connecting to a bike path from Avery Park, to allow for an internal circulation system between City parks. PROPOSED TEXT E. The proposed schedule of site development; construction of structures and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features. Such schedule shall include the proposed use of reuse of existing features such as topography, structures, streets and easements. Upon completion of the zoning and obtaining of all plat approvals, utilities will be extended to the site. Construction shall commence thereafter to develop the subdivision ,~,,~~ starting from the Westbury Subdivision azea and working west. Construction may also start at the Hyland-Croy Road access point and may move east for slink-up of the road system in a later phase. The applicant shall prohibit the use of chain link, metal or plastic fencing on any of the lots within this area through this zoning restriction and recorded deed restrictions. Any fencing installed upon any lot shall be a three (3) rail split rail fence with a maximum height of 3.5 feet above finished grade with posts at approximately 8 feet on center. The fence may be backed with black welded wire mesh of 12.5 or 14 gauge wire. The specific details of the fence aze shown on recorded plat of Wyndham Village Section 1 on Plat 79, pages 101 and 102, Recorder's Office, Franklin County, Ohio. No fencing shall be installed forwazd of the building line of any lot. The developer shall provide either the above described fencing or suitable landscaping between the lots and pazk/open space areas. Such fencing or landscaping shall be installed on the lot. Throughout the development (1) the same model with the same front elevation shall not appear within two sepazate houses on the same side of the street; and (2) the same model with the same front elevation shall not appear directly across the street or side by side to the house directly across the street. Streets shall count as a lot when applying the above formula. When the lot in question is a corner lot no lot at the same corner shall have the same model with the same front elevation. _ The exterior of all homes shall be constructed of all natural materials, brick, stone, wood, stucco, and/or hardy plank. All homes shall have dimensional asphalt shingles. Garages shall be side loaded wherever possible. All chimneys within the subdivision (either side or rear of the house) shall be constructed of brick or masonry, and there shall be a plan to add to each elevation some architectural features to those windows which also face the open space. Ground signage will be located along Hyland-Croy and will be incorporated into a landscaped entry feature at that location. The signage will be incorporated in the overall landscape plan developed for those frontages. The signage, entry features, and entry lighting shall meet the Dublin Zoning Code and lighting guidelines. F. The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services and other public improvements. 4 PROPOSED TEXT The proposed site is located adjacent to the existing Westbury Subdivision on the east and bounded to the west are the existing homes and farms located in Jerome Township, on the north by large-lot single-family homes, and on the south by Wyndham Village Subdivision and large-lot home sites. G. Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary. The applicant has the property under contract to purchase and has retained the engineering firm of EMH&T to review the site. miunion.txt 12/2/99 • FILE COPY DECLARATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS ""~" FOR ,. THLS DECLARATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of the day of , 199 by M/I Schottenstein Homes, Inc., an Ohio corporation, Address2--, City--, State- PostalCode- ~tiere-("Developer"). A. Developer is the owner of the real property more fully€oBy described in Exhibit A attached hereto and by this reference incorporated herein (the "Property" as defined hereinafter); and B. Developer desires to develop the Property into a residential subdivision, and to restrict the use and occupancy of the Property for the protection of the Property and the future owners of the Property; and >:.,,:.. !2.9 99, .1 i~i: f~90 ~, ~(TY OF DUBLil~ ~z/L~ -~ C. Developer or its successors in interest may deem it desirable to establish an association consisting of itself and/or future owners of portions of the Property, for the purpose of """" owning and/or maintaining certain areas ax and/or improvements constructed as part of the Subdivision; and D. Developer declares that all of the Property shall be held, developed, encumbered, leased, occupied, improved, used, and conveyed subject to the following covenants, easements, conditions and restrictions (the "Restrictive Covenants"), which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner of any portion of the Property. This Declaration is hereby declared to inure to the benefit of all future owners of any Lot {as hereinafter defined) and all others claiming under or through them ("Owners"); the Developer, its successors and assigns; and all utility companies or agencies or instrumentalities of local government providing utility services. It is hereby declared that irreparable harm will result to the Developer and other beneficiaries of this Declaration by reason of violation of the provisions hereof or default in the observance thereof and therefore, each Owner shall be entitled to relief by way of injunction, damages or specific performance to enforce the provisions of this Declaration as well as any other relief available at law or in equity. NOW, "THEREFORE, in pursuance of a general plan for the protection, benefit and mutual advantage of the Property described above and of all persons who now are or may hereafter become owners of any of the Property or plats thereof, the following restrictions, conditions, easements, covenants, obligations, and charges are hereby created, declared and established: GENERAL PROVLSIONS APPLICABILITY A. 'This Declaration shall apply to the entire Property as described on the attached Exhibit A. The Property is part of a larger tract of land owned and/or intended by Developer for future development, generally consistent with the development of the Property. As Developer acquires and/or develops additional parcels adjacent to the Property, Developer may annex said additional parcels to, and declare them to be, subsequent phases of Subdivision. Upon such annexation, Developer shall have the right, but not the obligation, to subject such annexed parcels to the terms and conditions of this Declaration. Developer may subject annexed adjacent parcels to this Declaration without modification, or Developer may supplement and amend this Declaration as it applies to such additional phases of development. As to each development phase of SubdivisionName--, Developer may re-record this Declaration with an attached exhibit which modifies and/or supplements this Declazation with respect to such phase, or Developer may incorporate this Declaration by reference into a supplemental declaration which establishes the modifications and/or supplemental provisions desired by Developer to be applicable to such phase. The modifications and/or supplemental provisions applicable to different phases of development at SubdivisionName- may becomparable to, more restrictive or less restrictive than the parallel provisions applicable to other development phases, as determined to be appropriate by Developer in the exercise of its sole discretion. In the event of any inconsistency between the provisions of this ~ Declanation and the provisions of any phase-specific modifications and/or supplements hereto, the teams of the phase- specific document shall control. B. Developer reserves the right at any time prior to the transfer of the last Lot (as defined hereinafter) owned by it at SubdivisionName--, to create an association for the purpose of carrying out and performing certain obligations as described herein. The right so reserved by Developer creates no obligation on Developer's part to create such an association, if Developer determines in the exercise of its sole discretion, that the creation of such an association is not desirable. In the event Developer does not create an association prior to the time it transfers the last Lot owned by it at SubdivisionName-, anassociation may be formed thereafter by the agreement of a majority of the Owners. In recognition of the benefits which may result from a homeowners' association, and in further recognition of the detrimental impact which an improperly organi7,ed association may have on the Property, Developer establishes and declares that in the event an association is established, whether by Developer or by any Owners, the purpose of which is to own and/or maintain any portion of the Property on behalf of the various owners of Lots in the subdivision, said association shal(be formed and shall operate in accordance with the terms and 1:\USERSUAN\My DocumcMS\Wo~d\RESTRICf\C:C&R form.doc -2- conditions of, and shall be subject to, the restrictions provided hereinafter. Until such time as an association is formed for such purpose, the terms and conditions contained herein regazding such association's operations shall be deemed mere surplusage, and shall not affect the validity or enforceability of any other provision hereof. II. DEFINITIONS a A. "Annual Assessment" -amount to be paid to the Association by each Owner annually. ~~ B. "Assessments" -collectively referring to Annual Assessments, Lot Assessments and Special Assessments. C. "Association" -the legal entity (and its successors and assigns) formed for the purpose of owning and/or maintaining any portion of the Property on behalf of the owners of two (2) or more Lots in the Subdivision. If formed, the Association shall be named AssociationName-, and shall be formed as an StateWhereLandIs- non-profit corporation or other appropriate non-profit entity. D. "Association Documents" -the formative documents of the Association, consisting of the articles of incorporation, code of regulations and any and all procedures, rules, regulaiions or policies adopted by the Association, or comparable formative documents if the Association is not a corporate entity. E. "Board" -the board of trustees or other management body of the Association. F. "Common Expenses" -expenses incurred in maintaining the Common Property. G. "Common Property" -all real and personal property now or hereafter acquired, pursuant to this Declazation or otherwise, and owned by the Association for the common use and the enjoyment of the Owners. H. "Developer" - M/I Schottenstein Homes, Inc., an Ohio corporatio ~~~ and any manager, general partner, shareholder, ar~al}y~uccessor or assign thereof to which Developer specifically assigns any of its rights' under this Declaration by a written instrument. L "Improvements" -all man-made or man-installed alterations to the Property which cause the Property to deviate from its natural condition, including but not limited to buildings, outbuildings and garages; overhead, aboveground and underground installations, including without limitation, utility facilities and systems, lines, pipes, wires, towers, cables, conduits, poles, antennae and satellite dishes; flagpoles; swimming pools and tennis courts; slope and drainage alterations; roads, driveways, uncovered parking areas and other paved areas; fences, trellises, walls, retaining walls, exterior stairs, decks, patios and porches, trees, hedges, shrubs and other forms of landscaping, and all other structures of every type. 1:\USERNAMMy Documarts\Word\RESTR[Cr\CCBcR form.doc -3- J. "Lot" - a discrete parcel of real property identified upon the recorded subdivision plat of the Property, or recorded re-subdivision thereof and any other discrete parcel of real property designated by Developer, excluding the Common Property and any portion of the Property dedicated for public use. K. "Lot Assessment" an assessment that the Board may levy against one or more Lots to reimburse the Association for costs incurred on behalf of those Lot(s), including without limitation, costs associated with making repairs that are the responsibility of the Owner of those `"~`"` Lots; costs of additional insurance premiums specifically allocable to an Owner; costs of any utility expenses chargeable to an Owner but not separately billed by the utility company; and all other charges reasonably determined to be a Lot Assessment by the Board. L. "Manager" -the person or entity retained by the Board to assist in the management of the Association as set forth in Article VIII, Paragraph F. M. "Member" -any person or entity entitled to membership in the Association, as provided for in Article VII. N. "Owner" -the record owner, whether one or more persons or entities, of fee simple title to a Lot, including contract sellers, but excluding those having an interest merely as security for performance of an obligation and also excluding the Developer. O. "Property" -all of the real property described in Exhibit A attached hereto and such additional property as may be annexed by amendment to this Declaration, or that is owned in fee simple by the Association, together with all easements and appurtenances. P. "Reserve Fund" -the fund established pursuant to Article IX. Q. "Rules" -the rules and regulations governing use of the Property and the Common Property, as may be established by the Board from time to time pursuant to Article VIII. R. "Special Assessment" - an assessment levied by the Association against all Lots pursuant to Article IX or at a special meeting of the Members of the Association to pay for capital expenditures or interest expense on indebtedness incurred for the purpose of making capital expenditures and not projected to be paid out of the Reserve Fund. S. "State" -the State of Ohio, and, unless the context requires otherwise, any political subdivision thereof exercising jurisdiction over the Property T. "Turnover Date" -the date described in Article IX, Paragraph C. r:\USERSV~rv~nty t~oa,mu,u\Wo~RF.sTitlc7~CC8rx form.doc -4- III. GOALS The covenants, easements, conditions and restrictions contained in this Declaration are declazed to be in furtherance of the following purposes: A. Compliance with all zoning and similar governmental regulations; B. Promotion of the health, safety and welfaze of all Owners and residents of the Property; C. Preservation, beautification and maintenance of the Property and all Improvements; and D Establishment of requirements for the development and use of the Property. DEVELOPMENT & USE RESTRICTIONS IV. USE RESTRICTIONS The following restrictions and covenants concerning the use and occupancy of the Property shall run with the land and be binding upon the Developer and every Owner or occupant, then respective heirs, successors and assigns, as well as their family members, guests, and invitees. A. Use of Lots. Except as otherwise permitted herein, each Lot shall be occupied and used exclusively for single-family, residential purposes and purposes customarily incidental to a residence. No Improvements may be constructed on any Lot until and unless the plans therefor have been approved by the Design Review Boazd (or Developer if no Design Review Boazd has been established) as provided for hereinafter. , B. Use of Common Property. Any Common Property may be used only in accordance with the purposes for which it is intended and for any reasonable purposes incidental to the residential use of a Lot. All uses of the Common Property shall benefit or promote the health, safety, welfare, convenience, comfort, recreation, and enjoyment of the Owners and occupants, and shall comply with the provisions of this Declaration, the lads of the State, and the Rules. C. Hazardous Actions or Materials. Nothing shall be done or kept in or on any Lot or in or on any portion of the Common Property that is unlawful or hazardous, that might reasonably be expected to increase the cost of casualty or public liability insurance covering the Common Property or that might unreasonably disturb the quiet occupancy of any person residing on any other Lot. This paragraph shall not be construed so as to prohibit the Developer from construction activities consistent with its residential construction practices. D. Si ns. No signs of any character shall be erected, posted or displayed upon the Property, except: (i) marketing signs installed by the Developer while marketing the Lots and L\USERSI1AMMy Documa~ts\Word\RES'IRICI~CC&R fortn.doc -5- residences for sale; (ii) street and identification signs installed by the Association or the Developer; and (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot is for sale. E. Animals. No person may keep, breed, boazd or raise any animal, livestock, reptile, or poultry of any kind for breeding or other commercial purpose on any Lot, or in or upon any part of the Common Property, unless expressly permitted by the Rules. F. Nuisances. No noxious or offensive trade shall be permitted on the Property or within any dwelling located on the Property. G. Business. No industry, business, trade, occupation or profession of any kind may be conducted, operated or established on the Property, without the prior written approval of the Board. H. Storage. No open storage of any kind is permitted. No storage buildings of any kind are pemutted, including without limitation, sheds or barns. L HotellTransient Uses• Leases. No Lot may be used for hotel or transient uses, including without limitation, uses in which the occupant is provided customary hotel services such as mom service for food and beverage, maid service, famishing laundry and linen, or similar services, or leases to roomers or boarders. All leases shall be in writing and shall be subject to this Declaration. J. Vehicles. The Boazd shall be entitled to create and enforce reasonable rules concerning the parking of any vehicle permitted in the Common Property. In addition to its authority to levy Lot Assessments as penalties for the violation of such rules, the Board shall be authorized to cause the removal of any vehicle violating such rules. No trucks, commercial vehicles, boats, trailers, campers or mobile homes shall be parked or stored on the street or on any Lot (except in an enclosed structure shielded from view) for any time period longer tfian forty-eight (48) hours in any thirty (30) day period, provided, however, that nothing contained herein shall prohibit the reasonable use of such vehicles as may be necessary during construction of residences on the Lots. The word "trailer" shall include trailer coach, house trailer, mobile home, automobile trailer, camp car, camper or any other vehicle, whether or not self-propelled, constructed or existing in such a manner as would pernut use and occupancy thereof, or for storage or the conveyance of machinery, tools or equipment, whether resting on wheels, jacks, tires or other foundation. The word "truck" shall include and mean every type of motor vehicle other than passenger cars, passenger vans and any vehicle other than any light pickup truck which is used as a personal automotive vehicle by an Owner or a member of an Owner's family. K. Trash. Except for the reasonably necessary activities of the Developer during the original development of the Property, no burning or storage of trash of any kind shall be permitted on the Property. All trash shall be deposited in covered, sanitary containers, screened from view. I:\USERSUAMMy Documents\Word\RESTRICT1CC8cR form.doc -6- L. Antennae. No outside television or radio aerial or antenna, or other aerial or antenna, including satellite receiving dishes, for reception or transmission, shall be maintained on the premises, to the extent permissible under applicable statutes and regulations, including those administered by the Federal Communications Commission, except that this restriction shall not apply to satellite dishes with a diameter less than twenty-four inches (24"), erected or installed to minimize visibility from the street which the dwelling fronts. M. Utility Lines. All utility lines on the Property shall be underground, subject to the requirements of relevant governmental authorities and utility companies. N. Tanks. No tanks for the storage of propane gas or fuel oil shall be permitted to be located above or beneath the ground of any Lot except that propane gas grills are permitted. O. Street Tree. Developer may designate one (1) or more trees as deemed necessary by Developer along the street in front of each Lot. If Developer determines to designate street tree(s) then the Lot Owners agree to such uniform street trees. Each Lot Owner shall care for, and, if necessary, replace such tree or trees at the Lot Owner s expense with a like type of tree. P. Mailbox. Developer may designate a curb side mailbox for each Lot with a design in giving uniformity to the subdivision. ff the mailbox is damaged, destroyed or deteriorates, then each Lot Owner, at such Lot Owner's expense, shall repair or replace such mailbox with another of alike kind, design, pattern and color as the initial mailbox. Q. Yard Lights and Lamp Posts. All yard lights and lamp posts shall conform to the standazds set forth by the Design Review Board. R. Fencin .The Design Review Boazd shall have the authority to establish standards according to which fencing and walls may be permitted in the Subdivision. Said authority shall ,. include the power to prohibit fencing or walls, or both, entirely, to prohibit fencing or walls of certain types, and to prohibit fencing or walls in certain azeas. All fencing and walls shall conform ~, to the standazds set forth by the Design Review Boazd, and shall be approved by the Boazd, in writing, prior to the installation thereof. By way of example, and not limitation, compliance with the following standards shall be considered by the Board in reviewing fence applications: Fences or walls shall be constructed of wood, approved plastic, stone or brick only, and in no event shall chain link or other metal or wire fencing be permitted; No fence or wall shall be constructed in excess of forty-eight inches (48") above finished grade, provided however that if a governmental agency exercising jurisdiction over the property on which the fence or wall is to be constructed requires a minimum height in excess of 48" for safety reasons (i.e. swimming pool enclosure), such fence or wall may exceed 48" above finish grade, but only to the extent necessary to meet the governmentally required minimum; i:ws~svnNVKy ~~«,c~~wo~xns-ix~cncc&R ro~_e~ +. -7- Fences or walls shall not be located closer to the street than a line parallel to the street and extending from the midpoint between the front and reaz corners of the home, and in no event shall fences be located closer to any street than the building line shown on the recorded plat, except for ornamental railings, walls or fences not exceeding three feet (3') in height which are located on or adjacent to entrance platforms or steps; Treated wood split rail fences aze permitted. Dazk painted wire mesh or plastic mesh attached inside a split rail fence is permitted; and ,~ Decorative wood and plastic fencing is permitted by approval of the Design Review Boazd or its assigns. Nothing contained herein shall be interpreted or conttnred to permit the use of approved fencing materials to accomplish a purpose or use otherwise prohibited hereunder. S. Swimming Pools. No above ground swimming pool extending twelve (12) inches or more above the finished grade of the Lot shall be permitted upon any Lot except that this Article IV, Paragraph S shall not be intended to prohibit the installation of a hot tub or sauna. V. ARCHITECTURAL STANDARDS All Property at any time subject to this Declaration shall be governed and controlled by this Article. A. Design Review Board. The Design Review Board shall be a boazd consisting of three (3) persons. Until the Turnover Date, Developer shall have the sole and exclusive right to appoint and remove all three members of the Design Review Board at will, and may elect in the exercise of its sole discretion, to act itself as the Board in lieu of appointing individuals. After the Turnover Date, the Board shall have the right to appoint all three members to the Design Review Board at will. If no Association exists at any time on or after the Turnover Date, the Design Review Board shall consist of three (3) members elected by the Owners, at an annual election at which the owner(s) of each Lot shall have 1 vote (one vote per lot, regardless of the number of owners). The then current Boazd shall handle the administs-ation of the election, pursuant to which the new Boazd members are to be elected, each for a term of one yeaz. The Design Review Board shall have the exclusive authority, by action of two or more of the members thereof, at a private or public meeting to deternune the architectural standazds which shall govern the construction of Improvements on the Property. Each Owner covenants and agrees by acceptance of a deed to a Lot, to comply with, and to cause his/her Lot and any occupant thereof to comply with the standards promulgated by the Design Review Board. No Improvement shall be placed, erected or installed on the Property, no construction (which term shall include in its definition staking, clearing, excavation, grading and other site work) and no plantings or removal of plants, trees or shrubs shall be permitted without, until and unless the Owner first obtains the I:\USERSVAMMy Documents\Word\RFSTRIC'I~CC&R (ortn.doc -8- written approval thereof of the Design Review Board and otherwise complies with the provisions of this Declaration. B. Modifications. Except as otherwise provide in this Declaration, the Design Review Board shall have jurisdiction over all construction, modifications, additions or alterations of Improvements on or to the Property. No person shall construct any Improvement on any Lot, including without limitation, alter surfaces of existing Improvements, change paint colors or :~ roofing materials, construct or modify fencing, or install any recreational device, without the prior written consent of the Design Review Board. Owners shall submit plans and specifications r showing the nature, kind, shape, color, size, materials and location of Improvements and alterations to the Design Review Boazd for its approval. Nothing contained herein shall be construed to limit the right of an Owner to remodel or decorate the interior of his/her residence. C. Variances. To avoid unnecessary hazdship and/or to overcome practical difficulties in the application of the provisions of this Declaration, the Design Review Boazd shall have the authority to grant reasonable variances from the provisions of this Article and from the architectural standazds established pursuant to this Article, provided that the activity or condition is not prohibited by applicable law; and provided further that, in their judgment, the variance is in the best interest of the community and is within the spirit of the standards of the Design Review Board. No variance granted pursuant to this Section shall constitute a waiver of any provision of this Declaration as applied to any other person or any other part of the Property. D. Improvements by Developer. Notwithstanding the foregoing to the contrary, all Improvements and landscaping constricted by the Developer or its partners, members or shareholders shall be deemed to comply in all respects with the requirements of the Design Review Board. ;,~„ VI. EASEMENTS AND LICENSES A. Easement of Access and Enjoyment Over Common Property. Every Owner shall have a right and easement (in common with all other Owners) of enjoyment in, over, and upon the Common Property, and a right of access to and from his/her Lot, which rights shall be appurtenant to, and shall pass with the title to, his/her Lot, subject to the terms and limitations set forth in this Declaration, subject to the Rules. An Owner may delegate his/her rights of access and enjoyment to family members, occupants, guests and invitees. B. Right of Entry for Repair. The duly authorized agents, officers, contractors, and employees of the Association shall have a right of entry and access to the Property, including without limitation the Lots, for the purpose of performing the Association's rights or obligations set forth in this Declaration. The Association may enter any Lot to remove or correct any violation of this Declaration or the Rules, or to maintain, repair, and replace the Common Property, but only during reasonable hours and after providing seventy-two (72) hours advance notice to the Owner, l:\USERSUAN\My Documrnts\Wocd\RESTRICr1CC6cR Corm.doc -9- except incases of emergency. C. Easement for Utilities and Other Purposes. The Board or Developer may convey easements over the Common Property to any entity for the purpose of constructing, installing, maintaining, and operating poles, pipes, conduit, wires, ducts, cables, and other equipment necessary to furnish electrical, gas, sewer, water, telephone, cable television, and other similar utility or security services, whether of public or private nature, to the Property and to any entity for such other purposes as the Boazd or Developer deems appropriate; provided that such equipment or the exercise of such easement rights shall not unreasonably interfere with the Owners' use and .~,_. enjoyment of the Property. The Board or Developer may grant such easements over all portions of the Property for the benefit of adjacent properties as the Board or Developer deems appropriate; provided that the grant of such easements imposes no undue, unreasonable, or material burden or cost upon the Property; and further provided that the Board or Developer may not convey any easement over a Lot without the prior written consent of the Owner of such Lot (which consent shall not be unreasonably delayed or withheld). D. Easement for Services. Anon-exclusive easement is hereby granted to all police, firemen, ambulance operators, mailmen, deliverymen, garbage removal personnel, and all similar persons, and to the local governmental authorities and the Association (but not to the public in general) to enter upon the Common Property to perform their duties. E. Reservation of Special Easements. Attached hereto as Exhibit B is a site plan of SubdivisionName--, upon which certain areas have been "shaded" or "cross-hatched." The areas marked by shading orcross-hatching identify and represent portions of the Property over, across, under and through which the Developer reserves Special Easements for the purpose of constructing Improvements or conveying rights deemed by the Developer to be beneficial to the Property. Unless indicated otherwise on Exhibit B, the Special Easement azeas are also No-Build Zones. The Special Easement areas may be parts of individual Lots instead of on Common ,,.~, Property. In such cases, the owner(s) of the Lot(s) affected by the Special EasemenT(s) shall be and remain responsible for the ordinary care and maintenance of the Special Easement area. If ~,,,. special fencing, landscaping, storm water detention retention, or community safety or entry features are constructed in a Special Easement area by the Developer, the State or the Association, the responsibilities of the Lot owner on whose Lot such Improvement has been constructed shall not exceed ordinary grass cutting, trimming and watering azound such Improvements. Nothing contained in this Section shall require that the Developer reserve or establish Special Easements, and if no areas on Exhibit B have been shaded orcross-hatched, Developer has not reserved any Special Easements. F. No-Build Zones. Any areas designated on the recorded plat of SubdivisionName-- Subdivision, in prior deed restrictions, or on Exhibit B, as "NaBuild Zones" shall be areas in which no Owner shall have the right to construct or locate any Improvements. In vegetated No- Build Zones, Owners may perform maintenance necessary for the safety of persons and property (i.e. removing noxious and poisonous plants, or removing dead trees which may fall and harm persons or other Improvements). Grassed No-Build Zones shall be mowed, trimmed and watered by the person(s) responsible for the maintenance of the specific area in question according to the I:\USERSUAMMy Documents\Word\RESTRIC'I~CC&R form.doc ~* -10- other terms hereof. HOMEOWNERS' ASSOCIATION VII. MEMBERSHIP AND VOTING RIGHTS A. Membership. Every Owner shall be deemed to have a membership in the _, Association. Membership is a right appurtenant to and inseparable from an Owner's fee simple title in a Lot, and such right of membership shall automatically transfer to any transferee of fee simple title to a Lot at the time such title is conveyed or at such time as a land installment contract is entered for the conveyance of fee simple title. The foregoing is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest or mortgage shall not terminate an Owner's membership. No Owner, whether one or more persons, shall have more than one membership per Lot owned. In the event an Owner consists of more than one person, such persons shall have one membership in the Association in common. B. Governance. Voting and all other matters regarding the governance and operation of the Association shall be set forth in the Association Documents. VIII. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION A. Common Property. Developer may, from time to tune, at Developers option, convey to the Association for the use and benefit of the Association and the Members real or personal property, or any interest therein, as part of the Common Property in the nature of an easement appurtenant to the Property. The Association shall accept title to any interest in any real or personal property transferred to it by Developer. The Association, subject to the rights of the Owners set forth in this Declaration and the Association Documents, shall be responsible for the exclusive management and control of the Common Property, if any, and all improvements thereon, and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, in accordance with the terms and conditions of this Declaration. B. Personal Property and Real Property for Common Use. The Association may acquire, hold, mortgage and dispose of tangible and intangible personal property and real property in addition to that property conveyed to it by Developer. C. Cost~haring Agreements. The Association may enter into cost-sharing agreements with other homeowners associations pursuant to which the Association agrees to share in the cost of maintaining, repairing and replacing entranceway features, landscaping, storm water retention facilities, mounding, fencing and any other improvements that benefit the Property. D. Rules and Regulations. The Association may make and enforce reasonable rules and regulations governing the use of the Property, which shall be consistent with this Declaration and the Association Documents. The Association shall have the power to impose sanctions on Owners, including without limitation: (i) reasonable monetary fines which shall be considered Lot 1:\USERNAMMy Documcnts\Wotd\RESTRIC'[1CC8cR form.doc -11- Assessments, (ii) suspension of the right to vote as a Member of the Association, and (iii) suspension of the right to use the Common Property. In addition, the Boazd shall have the power to seek relief in any court for violations or to abate unreasonable disturbances. If the Boazd expends funds for attorneys' fees or litigation expenses in connection with enforcing this Declaration, the Association Documents or the Rules against any Owner, tenant, guest or invitee of any Owner, the amount shall be due and payable by such Owner and shall be a Lot Assessment against such Owner's Lot. E. Implied Rights. The Association may exercise any other right or privilege given to ~,,, it expressly by the laws of the State and this Declaration, and every other right or privilege reasonably implied from the existence of any right or privilege granted in this Declaration, or masonably necessary to effect any such right or privilege. F. Managing Agent. The Boazd may retain and employ on behalf of the Association a Manager, which may be Developer, and may delegate to the Manager such duties as the Board might otherwise be authorized or obligated to perform. The compensation of the Manager shall be a Common Expense. The term of any management agreement shall not exceed three years and shall allow for termination by either party, without cause, and without penalty, upon no more than 90 days' prior written notice. G. Insurance. 1. The Association shall be required to obtain and maintain adequate blanket property insurance, liability insurance and flood insurance covering all of the Common Property in an amount as is commonly required by prudent institutional mortgage investors. 2. The Association may, in the Board's discretion, obtain and maintain the following insurance: (a) fidelity bond coverage and workers' compensation insurance for all „~,,, officers, directors, boazd members and employees of the Association and all other persons handling or responsible for handling funds of the Association, (b) adequate comprehensive general liability insurance, (c) officers' and trustees' liability insurance to fund the obligations of the Association under Article X Paragraph D, (d) additional insurance against such other hazards and casualties as is required by law, and (e) any other insurance the Association deems necessary. 3. In the event of damage or destruction of any portion of the Common Property, the Association shall promptly repair or replace the same, to the extent that insurance proceeds are available. Each Owner hereby appoints the Association as its attorney-in-fact for such purpose. If such proceeds are insufficient to cover the cost of the repair or replacement, then the Association may levy a Special Assessment pursuant to Section IX to cover the additional costs. H. Condemnation. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Property, or any portion thereof. Each Owner hereby appoints the Association as its attorney-in-fact for such purpose. The awazds or proceeds of any condemnation action shall be payable to the Association, to be held in trust for the benefit of the Owners. L\USERSVAMMy Docurncnts\Wocd\RF.STRICi~CC&R [ocm.doc ~w -12- L Books, Records. Upon reasonable request of any Member, the Association shall be required to make available for inspection all books, records and financial statements of the Association. IX. ASSESSMENTS ~a A. Reserve Fund. The Board shall establish a Reserve Fund for financing the operation of the Association, for paying necessary costs and expenses of operating the Association and ,,,~„ repairing and maintaining the Common Property. B. Types of Assessments. The Developer, for each Lot owned, covenants and agrees, and each Owner, by accepting a deed to a Lot, is deemed to covenant and agree, to pay to the Association the following assessments: (i) Annual Assessments; (ii) Special Assessments; and (iii) Lot Assessments. No Owner may gain exemption from liability for any Assessment by waiving or foregoing the use or enjoyment of any of the Common Property or by abandoning his/her Lot. Annual and Special Assessments shall be fixed at a uniform rate for all Lots. C. Annual Assessments. The Board shall annually estimate the Common Expenses and the expenses, if any, it expects the Association to incur in the Association's next ensuing fiscal year for the maintenance, operation and management of the Association, (which may include amounts, if any, for the Reserve Fund - as may be determined by the Board) and shall assess each Owner of a Lot an Annual Assessment equal to such estimated expenses divided by the total number of Lots. The Annual Assessments shall be paid in accordance with the procedures set forth in the Rules. Notwithstanding the foregoing to the contrary (i) prior to January 1, in no event shall the Annual Assessments for each Lot exceed ;and (ii) prior to the date that Developer relinquishes its right to appoint members of the Board as set forth in the Association Documents (the "Turnover Date"), Developer may elect to pay the Annual Assessments applicable to Lots owned by Developer or in lieu thereof, not pay such Annual Assessments and pay any deficit incurred in operating the Association. D. dial Assessments. The Board may levy against any Lot(s) a Special Assessment to pay for capital expenditures or interest expense on indebtedness incurred for the purpose of making capital expenditures and not projected to be paid out of the Reserve Fund; provided that any such assessment shall have the assent of two-thirds (2/3) of Members who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting called for the purpose of levying a Special Assessment shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. A quorum must be present at any such meeting. E. Lot Assessments. The Board may levy a Lot Assessment against any Lot(s) and the Owner(s) thereof to reimburse the Association for costs incurred on behalf of the Lot(s), including without limitation, costs associated with making repairs that are the responsibility of the Owner; costs of additional insurance premiums specifically allocable to an Owner; costs of any utility expenses chargeable to an Owner but not separately billed by the utility company; and all other fines and charges reasonably determined to be a Lot Assessment by the Board. Upon its 1:\USERSUAMMy Documrnts\Word\RES'[RICI\CCBcR lorm.doc ~ -13- determination to levy a Lot Assessment, the Board shall give the affected Owner(s) written notice and the right to be heard by the Board or a duly appointed committee thereof in connection with such Lot Assessment, 10 days prior to the effective date of the levy of any Lot Assessment. The Board may levy a Lot Assessment in the nature of a fine reasonably determined by the Boazd against the Lot of any Owner who violates the Rules, the Association Documents or any provision of this Declaration, or who suffers or permits his/her family members, guests, invitees or tenants to violate such Rules, the Association Documents, or provisions of this Declazation. F. Remedies. 1. Late Charge; Acceleration. If any Assessment remains unpaid for 10 days after all or any part thereof shall become due and payable, the Boazd may chazge interest at the lesser of the rate of 12% per annum or the highest rate permitted by law, together with an administrative collection charge of $25. 2. Liability for Unpaid Assessments. Each Assessment or installment of an Assessment, together with interest thereon and any costs of collection, including reasonable attorneys' fees shall become the personal obligation of the Owner(s) beginning on the date the Assessment or installment thereof becomes due and payable. The Boazd may authorize the Association to institute an action at law on behalf of the Association against the Owner(s) personally obligated to pay any delinquent assessment. An Owners personal obligation for a Lot's delinquent Assessments shall also be the personal obligation of net~ass-tomhis/her successors in title who acquire an interest after any Assessment becomes due and payable and both such Owner and his/her successor in title shall be jointly and severally liable therefor. Except as otherwise provided herein, the transfer of an interest in a Lot shall neither impair the Association's lien against that Lot for any delinquent Assessment nor prohibit the Association from foreclosing that lien. ~. ~~ 3. Liens. All unpaid Assessments, together with any interest-and chazges thereon or costs of collection, shall constitute a continuing charge in favor of the Association and a ~,,~ lien on the Lot against which the Assessment was levied. If any Assessment remains unpaid for 10 days after it is due, then the Board may authorize any officer or appointed agent of the Association to file a certificate of lien for all or any part of the unpaid balance of that Assessment, together with interest and costs, with the appropriate governmental office containing a description of the Lot which the lien encumbers, the name(s) of the Owner(s) of that Lot, the amount of the unpaid portion of the Assessment, and such other information as the laws of the State may require. The certificate may be signed by any officer, authorized agent or Manager of the Association. Upon the filing of the certificate, the subject Lot shall be encumbered by a continuing lien in favor of the Association. The Assessment lien shall remain valid for a period of five years from the date such certificate is duly filed, unless the lien is released eazlier or satisfied in the same manner provided by the law of the State for the release and satisfaction of mortgages on real property, or unless the lien is discharged by the final judgment or order of any court having jurisdiction. Notwithstanding the foregoing, the lien for Assessments provided for in this Section shall be subordinate to the lien of any bona fide first mortgage on a Lot. I:\USERSUAMMy Documcnts\Wocd1RESTRIC7ICC&R form.doc w~u -14- 4. Vote on Association Matters• Use of Common Property. ff any Assessment remains unpaid for 30 days after it becomes due, then the delinquent Owner's voting rights upon Association matters and privileges to use the Common Property, except for necessary ingress and egress to his/her Lot, shall be suspended until such Assessment is paid. X. MAINTENANCE A. Maintenance by Association. The Association shall maintain and keep in good ""~' repair the Common Property. This maintenance shall include, without limitation, maintenance, repair, and replacement of all landscaping and other flora, structures, and improvements situated """" upon the Common Property and all personal property used in connection with the operation of the Common Property. B. Maintenance by Owner. Each Owner or occupant shall repair, replace, and maintain in good order and condition, at his/her expense, portions of, improvements to, structures on, and, equipment and components used in connection with, his/her Lot. This maintenance responsibility includes, without limitation, promptly furnishing all necessary materials and performing or causing to be performed at his/her own expense all maintenance, repairs and replacements within such Lot that, if omitted, would adversely affect the safety and usefulness of the Common Property. Each Owner shall maintain those portions of his/her Lot that are adjacent to any portion of the Common Property in accordance with the Rules and the requirements set forth in this Declaration. C. Right of Association to Repair Lot. If any Owner fails to maintain his/her Lot in the manner required herein, and if the Board determines that any maintenance of that Lot is necessary to ensure public safety, to permit reasonable use or enjoyment of the Common Property by Owners, to prevent damage to or destruction of any other part of the Common Property or to comply with the Rules or the terms of this Declaration, then the Board may authorize its employees or agents to enter the Lot at any reasonable time to complete the necessary maintenance and the Boazd may levy a Lot Assessment for all reasonable expenses incurred. _ D. Damas?e to Common Property By Owner or Occupant. If the Common Property is ~°~ damaged by any Owner or occupant, his/her family, guests, or invitees, then the Boazd may levy a Lot Assessment against such Owner for the cost of repairing or replacing the damaged property. The Association shall be entitled to enter a Lot to repair or maintain any Common Property adjacent to such Lot. MISCELLANEOUS TERMS XI. MISCELLANEOUS A. Term. This Declaration shall bind and run with the land for a term of 30 years from and after the date that this Declaration is filed for recording with the appropriate governmental office and thereafter shall automatically renew forever for successive periods of 10 years each, unless earlier terminated by a majority of the Members. I:\USF.RSUAMMy Documarts\Wotd\RESTRICT\CC&R fonn.doc * -15- B. Enforcement; Waiver. This Declaration may be enforced by any proceeding at law or in equity by the Developer, any Owner, the Association, the Design Review Board, and their respective heirs, successors and assigns, against any person(s) violating, or attempting to violate, any covenant or restriction, to restrain and/or to enjoin violation, to obtain a decree for specific performance as to removal of any nonconforming Improvement, and to recover all damages, costs of enforcement and any other costs incurred (including without limitation reasonable attorneys' fees). 6Failure of Developer, the Association or any Owner to enforce any provision of this .~ ~ Declaration or the Rules in any manner shall not constitute a waiver of any right to enforce any violation of such provision_ By accepting a deed to a Lot, each Owner is deemed to waive the ,. ~ defenses of laches and statute of limitations in connection with the enforcement of this Declaration or the Rules. C. Amendments. Until the Turnover Date, Developer may, in its sole and absolute discretion, unilaterally amend this Declaration at any time and from time to time, without the consent of any other Owners. Any such amendment may impose covenants, conditions, restrictions and easements upon the Property in addition to those set forth herein including, without limitation, restrictions on use and covenants to pay additional charges with respect to the maintenance and improvement of the Property. After the Turnover Date, Developer may unilaterally amend this Declaration, without the consent of any other Owners, if such amendment is: (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, regulation or judicial order, (b) necessary to enable any reputable title insurance company to issue title insurance coverage on the Lots, (c) necessary to conform to the requirements of United States Federal Housing Administration, or (d) necessary to correct errors; provided, however, any such amendment shall not materially adversely affect the title to any Lot unless the Owner thereof has consented to such amendment in writing. No amendment may remove, revoke, or modify any right or privilege of Developer without the written consent of Developer or the assignee of such right or privilege. Developer shall have the right and power, but neither the duty nor the obligation, in its sole and absolute discretion and by its sole act, to subject additional property to this Declaration at ,,, any time and from time to time by executing and recording in the appropriate govermnental office an amendment to this Declaration specifying that such additional property is part of the Property. An amendment to this Declaration shall not require the joinder or consent of the Association, other Owners, mortgagees or any other person. In addition, such amendments to the Declaration may contain such supplementary, additional, different, new, varied, revised or amended provisions and memberships as may be necessary or appropriate, as determined by Developer, to reflect and address the different character or intended development of any such additional property. D. Developer's Rights to Complete Development. Developer shall have the right to: (a) complete the development, construction, promotion, marketing, sale, resale and leasing of properties; (b) construct or alter Improvements on any property owned by Developer, (c) maintain model homes, offices for construction, sales or leasing purposes, storage areas, construction yards or similar facilities on any property owned by Developer or the Association; or (d) post signs incidental to the development, construction, promotion, marketing, sale and leasing of property within the Property. Further, Developer shall have the right of ingress and egress through the streets, paths and walkways located in the Property for any purpose whatsoever, including, but not limited to, purposes related to the construction, maintenance and operation of Improvements. r:\USFRSUAMhiy Documents\Wocd\RES'iRIC'I1CC&R [orm.doc ,r. -16- Nothing contained in this Declaration shall limit the rights of Developer or require Developer to obtain approval to: (i) excavate, cut, fill or grade any property owned by Developer or to constnzct, alter, remodel, demolish or replace any Improvements on any Common Property or any property owned by Developer as a construction office, model home or real estate sales or leasing office in connection with the sale of any property; or (iii) require Developer to seek or obtain the approval of the Association or the Design Review Board for any such activity or Improvement on any Common Property or any property owned by Developer. Nothing in this Section shall limit or impair the ~„ reserved rights of Developer as elsewhere provided in this Declaration. y E. Developer's Rights to Replat Developer's Property. Developer reserves the right, at ~... anytime and from time to time, to amend, alter or replat any plat or development plan and to amend any zoning ordinance which affects all or any portion of the Property; provided, however, that only real property owned by Developer shall be the subject of any such amendment, alteration or replatting. Each Owner and Member and the Association, for themselves and their successors and assigns, hereby consents to and approves any such amendment, alteration or replatting and shall be deemed to have joined in the same. FD. Mortgagee Rights. A holder or insurer of a first mortgage upon any Lot, upon written request to the Association (which request shall state the name and address of such holder or insurer and a description of the Lot) shall be entitled to timely written notice of: (a) any proposed amendment of this Declaration; (b) any proposed termination of the Association; and (c) any default under this Declaration which gives rise to a cause of action by the Association against the Owner of the Lot subject to the mortgage of such holder or insurer, where the default has not been cured in 60 days. Each holder and insurer of a fast mortgage on any Lot shall be entitled, upon request and at such "" mortgagee's expense, to inspect the books and records of the Association during normal business hours. GB. Indemnification. The Association shall indemnify every Board member, officer and trustee of the Association against any and all claims, liabilities, expenses, including attorneys' fees, reasonably incurred by or imposed upon any officer or trustee in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which helshe may be a party by reason of being or having been an officer or trustee. The Board members, officers and trustees shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misconduct, bad faith or gross negligence. The Board members, officers and trustees of the Association shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such Board members, officers or trustees may also be Members of the Association), and the Association shall indemnify and forever hold each such Board member, officer and trustee free from and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided herein shall not be exclusive L•\USERSUAMMy Doa,ments\Wond~RES'IR[Ci~CC&R foRn.doc ~~ ~ -17- of any other rights to which any Board member, officer or trustee, or former Board member, officer or trustee, may be entitled. lip. Severability. If any article, section, paragraph, sentence, clause or word in this Declaration is held by a court of competent jurisdiction to be in conflict with any law of the State, then the requirements of such law shall prevail and the conflicting provision or language shall be deemed void in such circumstance; provided that the remaining provisions or language of this Declaration shall continue in full force and effect. ~. Captions. The caption of each Article, section and paragraph of this Declaration is inserted only as a matter of reference and does not define, limit or describe the scope or intent of the provisions of this Declaration. J~. Notices. Notices to an Owner shall be given in writing, by personal delivery, at the Lot, if a residence has been constructed on such Lot, or by depositing such notice in the United States Mail, first class, postage prepaid, to the address of the Owner of the Lot as shown by the records of the Association, or as otherwise designated in writing by the Owner. rT +~~°" '^ '''° • , ~ C ~ r A nt~^ _ / Ad R Cv' rr ~ LT T., A 1 C tl, L7',.1, C~~°ot ~ff L\USERSVAN\My Documarts\Wad\RESTRiCi\CCdcR form.doc ,..,, -18- n ~elepe~ Ad/T Cn1.~fio.+nte:e+ LT,,..,a.. T.,n o x.,1,,,.,1-..,~ 11L,:., A~'11 C A te.,• ~TL ~A IN WITNESS WHEREOF, the Developer has caused the execution this Declaration as of the date first above written. Signed and acknowledged in the presence of: M/I Schottenstein Homes, Ir_c., an Ohio corporation Witness Name: Counsel Witness Name: STATE OF OHIO COUNTY OF FRANKLIN By: SS: Paul S. Coppel Senior Vice PresidendGeneral The foregoing instrument was acknowledged before me a-~etabl~ this day of 199_, by Paul S. Coppel, Senior Vice SignatorTitle-/General Counsel of M/I Schottenstein Homes, Inc., and Ohio corporation, carper-atiet3on behalf of the DeveloperEntit}Type--ce~erat~. I:\USERSVAMMy Documenu\Word\RESTRICI~CC&R Corm.doc -19- This instrument Prepazed By: Developer 1:\USERSUAMMy Documrnts\Wocd\RESTRIC'r~CC6cR form.doc -20- DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION November 4, 1999 fill' OF DCBL[~ Oiviswa of PIax~9 X500 -Rings Rand ~Gn, Ohio 43016-1236 {~e/iDO: 614161550 Fax: 614761566 web site: www.dubtm.oh.us The Planning and Zoning Commission took the following action at this meeting: 3. Rezoning Application 98-1332 -Metro 'Park Place roximately Location: 70.5 acres located on the east side of Hyland-Croy Road, app 3,800 feet north of Post Road, in Franklin and Union Counties. Existing Zoning: U-1, Rural District (Jerome Township classification). Request: PLR, Planned Low Density Residential District. Proposed Use: Asingle-family neighborhood go~6w1 Third Avenues Columbus, Ohio Applicant:.Columbus Builders Supply, Inc., 43212; represented by Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, Ohio 43215. MOTION # 1: To approve this rezoning because it co Hind-Cro CR ao du and enhan es the the Metro Park, connects with surrounding parcels and y Y scenic edge of Hyland-Croy Road, with 16 conditions: 1) That agricultural scenic road guidelines be applied to this plan, including a 200- foot open setback area, measured from the edge of right-of--way to edge of right- of-way, subject to staff approval; 2) That the formal subdivision name be changed to avoid confusion; 3) That a tree protection and replacement plan be prepared as a basis for the utility/ grading plans, indicating the trees to be removed, utility placement, grading, and tree protection methods, etc., subject to staff approval; 4) That the site plan provide additional street stub connections to the north and west, adjust the location of the southern street stub, provide traffic calming along the long north-south road, show the additional right-of--way on the main road and Tullymore Drive, and provide 30-foot building setback lines on 60-foot wide roadways; 5) That lots with bike paths in front yards have a minimum 35-foot building setback and additional bike pvided for alllt eed areasTandtthe re ention pond, and 6) That no-disturb zones be pro that the definition be added to the text, subject to staff approv~l; Page 1 of 2 12 ~~.~~=t~;1-~a;-~~,~t,; /L .~v~..=t 9 .~..~ .,~ .~ .~ DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION November 4, 1999 3. Rezoning Application 98-1332 -Metro Park Place (Continued) 7) That the plan be amended to include appropriate park site(s); 8) That the text be revised with regard to street trees and include landscape commitments for utilities; 9) That the preliminary plat locate lots predominantly in one county or the other; 10) That the timing for the Hyland-Croy Road connection be determined at preliminary plat; 11) That all text be revised regarding architectural detailing for homes along Hyland-Croy Road, and that the encroachment provision be removed; 12) That the developer extend the water line to Post Road, unless an analysis is provided at the preliminary plat demonstrating adequate supply is available; 13) That athree-rail board fence (Indian Run style) be installed along the western (non-Hyland-Croy Road) property line; 14) That varied front setbacks be determined at the preliminary plat; 15) That the maximum density be 2.15 dwelling units per acre; and 16) That the plan and text be revised to reflect the conditions listed above and resubmitted within two weeks, and prior to scheduling for Council hearing. * Ben W. Hale, Jr. agreed to the above conditions. VOTE: 5-0. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. MOTION #2: That the Commission supports this developer's proposal to foster tree preservation. The proposal is to accept the dedication of roughly four wooded acres on this ..~r` site (for park) and a tree replacement program based on one tree per one tree within Westbury, Section 4 and future sections. VOTE: 5-0. RESULT: This recommendation will be forwarded to City Council. STAFF CERTIFICATION 'll~l~l.-~~ Chris Hermann Planner Page 2 of 2 DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION November 4, 1999 Rezoning Application 98-1332 -Metro Park Place (Continued) 3 . '7) pro pr IIhlud gap That the plan be am eand include landscape ea t a g) ° d W1 trees stre sed ev That the text be commitments for utilities; lat locate lots predominantly in one county or the other; a i li 9) 10) ry p n m That the pre That the timing for the Hyland-Croy Road connection be determined at 11) preliminary plat; That all text be revised regarding architectural detailing for homes along Hyland-Croy Road, and that i i l ~ sv 1 t ne ~ 12) s s ys ana an ~e wate Road, unles Post t li That the developer extend ly is available; ate su d pp equ provided at the preliminary plat demonstrating a le) be installed along the western t R 13) y un s That athree-rail board fence (Indian (non-Hyland-Croy Road) property line; d front setbacks be determined at the preliminary plat; i 14) 15) e That var That the maximum density be 2.15 dwelling units per acre; and nd b 16) ove a That the plan and text be revised to reflect the conditions listed a cheduling for Council hearing. i or to s resubmitted within two weeks, and pr * Ben W. Hale, Jr. agreed to the above conditions. VOTE: 5-0. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. _ ~, MOTION #2: That the Commission supports this developer's proposal to foster tree "~ preservation. The proposal is to accept the dedication of roughly four wooded acres on this site (for park) and a tree replacement program based on one tree per one tree within Westbury, Section 4 and future sections. VOTE: 5-0. RESULT: This recommendation will be forwarded to City Council. STAFF CERTIFICATION Chris Hermann Planner Page 2 of 2 ~~ Mr. Adamek moved to add a condition number 17, that states that phasing of the construction for Park Place- would commence with development beginning off of Hyland Croy and proceeding to the east, providing the construction traffic would follow through and go out through the sub- division without going through the existing neighborhood. Mr. Reiner seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Adamek, yes.