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HomeMy WebLinkAbout70-98 Ordinance AMENDEDRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 70-98 (Amended) Ordinance No. Passed_ ____________ _________19________ An ordinance providing f or a change in zoning for 99.475 acres located on the north side of Brand Road, approximately 2,400 feet west of Avery Road, From: R-1, Restricted Suburban Residential District, To: PLR, Planned Low Density Residential District (Hansel/Shawnee Hills Land Company). NOW, T BEFORE, 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, Mate 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 made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. day of ~~~~/ % ° 199. Attest: -Presiding Officer (~(/I/l~rc.~ Clerk of Council Sponsor: Plaiuung Division File No. 98-0602 RECORD OF ORDINANCES Ro,m No. 30019 Dey2on Le[el Blsnk Co. 70-98 (Amended) --------lg------- Passed- ---- ---------------------------- -------- Ordinance No.---_------------------- An ordinance providing for a change in zoning for 99.475 acres located on the north side of Brand Road, approximately 2,400 feet west of Avery Road, From: R-1, Restricted Suburban Residential District, To: PLR, Planned Low Density Residential District (Hansel/Shawnee Hills Land Company). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _ of the elected members concurring: Section i. That the following described real estate (see attached trap marked Exhibit "A") situated in the Ciry 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 made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this day of _, 199_. Mayor -Presiding Offtcer Attest: Clerk of Council Sponsor: Planning Division File No. 98-0602 $UBMIT~ED ~ QQUNq~ s ion M ~ 9 ~'~r I ~X D ~ ~s~ars ~ s I ~ ~ ~ Y o~ ~ ~~~ E1 ~ i M2 ~ ~~~~ . SITE ~~ . ,_,_ `~ I ~'o ~- ~ ~~ ,N~ '~A I b~~ - ~P GB~tl18~ Y R ~ ' ~~ ~ ~ - r. o r. ~ I I g rRSr I t rt n- ~ Ct 'i'CUjLG - ~ ~ I i - I F 98-0606 ~~ Belvedere % W ~ ~ l7 ( = ~ ~ ~ ~ f ~1~ ~ ~. ~ r -i PUD PUD -. SITE ~' ~ RY O ~ U Z >- o i- R-1 z z ~ ~ a ? ~ :~~ R,,;,1 PLR ' PLR 71 N-~C~ L IN Cpl JN R-1 ~ PUD ~~ .~ 1 PLR p 98-0602 Belvedere R-1 3 CITY OF DUBLIN 5800 Shier Rings Road Dublin, Ohio 43016 Ph one/TDD: 614/761-6550 Fax: 614/761-6566 REZONING APPLICATION (Code Section 153.234) TO EXPIRE _ Ordinance No. ~~ - City Council 1st Reading City Council Public Hearing ~~ City Council Action FOR OFFICE USEONLY Amount ~~ ive©~ Application No: ~ P-©~~ P ~ D te(s)::' p Act~~O ~ ~~ P Receipt No: MIS Fee No: Date Receive ~ Regeivg y: Type of Request: ~~~L!/ ~ l I ~~/C ,~~V ~G~..`~`-~~G~ ~ ~ 7~^'~ ^ 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) c 1. PROPERTY INFORMATION TAX ID NO/ 273-4781 and DISTRICT PARCEL NO: 273-6114 Parcel size: 2 parcels (Acres) 99± acres Property Address: Avery Road / Brand Road -undeveloped property Property Location: North side of Brand and west of Avery Road with some frontage on Avery. Side of Street: (N, S, E, W) North side of Brand and west side of Avery Road Nearest Intersection: Avery & Brand Distance from Nearest Intersection: 2, 400' N, S, E, W from Nearest Intersection Existing Land Use/Development: Undeveloped agricultural land Proposed Land Use/Development: Single-family housing subdivision Current or Existing Zoning District: R-1 Requested Zoning District: PLR No. of Acres to be Rezoned: 99± riot uurr Page 1 of 4 Rezone Application C'J STATEMENT: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. The area to be rezoned is bounded on the east and south by single-family subdivisions previously approved by the City of Dublin. To the north is a private golf course. To the west is the future site of a Dublin Board of Education school complex, so the proposed zoning in keeping with the existing zoning pattern established in the area. The area to be rezoned will fill in one of the remaining undeveloped gaps and will be developed to complement the existing subdivisions already approved and developed within the City. STATEMENT: State briefly how the proposed zoning and development relates to the Dublin Community Plan. The Community Plan -Future Land Use map shows the subject site as a location for medium density residential use with 1 to 2 dwelling units to the acre. The proposed PLR District shows a density of approximately 1.9 dwelling units to the acre, which is in line with the recommendations of the Community Plan for the site. The single-family subdivision with open spaces provided throughout the tract will conform with other subdivisions in the area, and the use is appropriate, given the school site to the west and the golf course to the north. 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 LX1 NO ^ 11. PLEASE INCLUDE THE FOLLOWING: 14 COPIES OF LEGAL DESCRIPTION: r~/ [,./ p Legal description of the property to be rezoned consists of 1 page(2g. SE~ G ^ ` , ~U PLAN REQUIREMENTS: 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 24"X36") SHOWING: a. The site and all land 500 feet beyond the twundaries 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.) e. Existing and proposed zoning district boundaries f. Size of the site in acres/square feet; and g. All property lines, street rights-of-way, easements, and other information related to the location of the proposed boundaries. 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11" X 17") II 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8'/:" X 11"AND NOT MORE THAN 16" X 20") II Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned ------I~~~I Page 2 0( 4 Rezone Application CONrini ins is oonoF[7rv nwNFRa Page 3 of 4 Rezone Application IV VII. PROPERTY UWNCrt inrvrcmra i w~. Name of Current Property Owner(s): Shawnee Hills Land Company Mailing Address: 5131 Post Road, Suite 203, Dublin, OH 43017 (Street, City, State, Zip Code) Daytime Telephone: Fax: Name of Contact Person', (ex. Attorney, Architect, etc): Ben W. Hale, Jr. c/o Smith & Hale 'Please complete the Agent Authorization, Section VII, below. Jackson B . Reynolds III Mailing Address: 37 West Broad Street, Suite 725, Columbus, OH 43215 (Street, City, State, Zip Code) Daytime Telephone: (614) 221-4255 Fax: (614) 221-4409 Which of the above is the primary contact person? Ben W. Hale, Jr. 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 City 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 stretcfied 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 ApplicanUOwner 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 tie able to provide essential services such as water and sewer facilities when needed by said Applicant. OWNER AUT FiUKILA I lurv rvr< ncrrcc~cr~ ~ r ~ i r c I (see attached sheet) ~ ~xVll ,l~ ~ ,the owner and applicant, hereby authorize to ad 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 agreements made by 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 I. Jackson B Reynolds III ,the applicant or the applicant representative, have read 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 and correct, to the best of my knowledge and belief. Signature of Applicant or /~ ~ Datc: ~~ /(~ /~~ Authorized Representattve• ~ ~ !!~ L/ C ~' Subscribed and sworn to befor a this __.[~~~ day of --~-- ~ 19'-- ~, Notary Public ~,.`PP\AL $~Fyi~,~ C ~ ~V. PRICE 2a '~ = PAU ''= Mr "couunissloteius~ux ~~ ..~ Page 4 of 4 n.,., FnMiarvl3 t94H G\OFFICE\VVP\DOCS\FORMSWPPUCAT~REZONEAPP Walter L. Starkey Cardinal Title Holding Co. 6503 Cook Road % Donald W. Kelley & Assoc. Powell, OH 43065 250 East Broad Street, Suite 1100 Columbus, OH 43215 Enid Hansel American Italian Golf Assn. 8195 Avery Road 8205 Avery Road Dublin, OH 43017 Dublin, OH 43017 Homewood Corp. Joseph & Lynne Bowser 750 Northlawn Drive 6626 Castleforbes Ct. Columbus, OH 43214 Dublin, OH 43016 Trinity Home Builders City of Dublin Homewood Builders 5200 Emerald Pazkway 750 Northlawn Drive Dublin, OH 43017 Columbus, OH 43214 C.V. Perry & Co. William & Billie Halley 370 South Fifth Street 2121 Bethel Road Columbus, OH 43215 Columbus, OH 43220 ~=~K1~~ ~ Avery Road Associates Bruce Massa 42 East Gay Street, Suite 604 Columbus, OH 43215 Muirfield Association, Inc. Lucille Eger 8372 Muirfield Drive Dublin, OH 43017 Michael & Patricia Lalond 6634 Castleforbes Ct. Dublin, OH 43016 Abel Investments Ltd. 4251 Diplomacy Drive Columbus, OH 43228 The Dublin Boazd of Education 7030 Coffman Road Dublin, OH 43017 _ _ ~ __ . n~... ~ ._ L)/GAI DESCRtPTTON 99.~#7S ACRES Sitti~t'~ed in the State of Qllio. C otlnties of trarl:lill and Union, Cin~ of TJublin, slid To~~~:ship of heroine (Union Cauntvj, looated in ~'irdinia `~Iiiitaly Stir.~eys No. 516? and 6152 and being ;(1.761 arcs of that tract as ce~m eyed to Slia~4-nee Hills Land Company b; decd of record in Deed Book 330, Page =;1 i and 6$-714 acre; oi~ that tract as con'; eyed to the Sha~ti•tlec Hiils Land Company by deed of record in Official Record 205 ; SI l 1, all re~.cnces being to those of record :rl :he i2eyoratr's Offlcc, r-rat~}ciin eaunty, Ohio and t.iniott County, Ohic, end being miorz j}articularl~' described as fo;lo1~-s. ~,,, Beginnul~ at a point iIl tP:r centerline of 13rat1d Road aIi tho wzsterly line of that subdi~•isi~rl entitled :'Shinn:~ti Cilzn Section i" ofrecord its PIat Book ~Y, Page 8~i; thence I`'ortl; £2° 5~1' ~~0" `•.V~st, along th;, centerlil%e of said 8t'Ftrrd Road , passit7g thz L'.aion and !~•rattklin Count; line at 729.0+3 feet; a total Qzsta."1~Ce. of 1337.26 feet to a point at the sottthe:tsteri;• corner ot~ that tract as ccnveyecl to Flank 1. >ult3 Fstl:er I~'. 'liL'l~la~no b,,~ deed of recc+rd ii1 Deed F3ook. 3~3, Page 13~, ~:zcor:lcr's Offce, I_?nion Count}', Ohio; stiid poi t 31so being in the v.esterly Iine of ljirginia ?L~Iilitaty Sttr~eys inv. ti' 62 and b152 and in thW ekstorl~- lane of Vir~inta Miiitar3' Sur~'ey No. 3~5%, 211ei.C~ ~?4:'t.l"t 3° ~~' ?,:" '!~'~'~tR l'u'l~ili? t : 1'. J O t , t ,- _ he center,tlle of saiu Brand Road ~I1Cti 31pr1~ t,1C, easterry tine of ii~~ sai;~ 1~~tzlara~nu tract, n distaric~; of 1 r~.?6,9o f~•tt t{~ a poi,ft on the ;otlther?y li e of that tr;~ct as cot:vi:yed u. T':e~ :~.;.~;erican Italii?r r',!i ,^'• '±, ,- iTC..., lii~ r ~~ ~ ,jf "'0I'~ lrr Det';1 ~' ~ ' ~+~iatiL,t re~_ ~: Boni. 600, c'a~e ~9~, hecurder`s :~ifice. l~rt^,.riM_llrl rotinty l~}11.;Q q'"'-i fn ~ j~~ ,, -t ~ ' ~..<<_ D~c~ .>.,~; ^1~. P:3:4_ ~~.: Rcac~rd..r s Offlct, lii~ion C~linty, i~ntc;; thet.c~ 1'otth ?4° !~1' S4," lyi:t. Matt'-* the Wutlth~~Tl !ire of trio said Tre > ' +~i' ~' r~lr.,.rrc r: l:u.rar~ wolf Ciub .~SJCCratlutl trc'1Ct, psti~ .~~' fi^• ~. !- ;,--'' + ~ '? ~ ~ n 1 .~ .~:~ ~SC1I'Ir.t„ vrt.un Cii!in,`~ tlri~ At r3 c ~ ~ ?~~ ;-. ~'- l:. I~~t, a total di_tdll..e CSI ..o~(i.b2 t;~i [G ~. point at tl,o rorth•,~•e,terl~' i::r~miur of ;lie '~~tli+:l F. H~:-~s~ tract: th~nc~ Soutll 14° {o° ~ Q" t: ••- , .! ~ .,,, ;, , .,a.:,:, alon+ ,,t.~ c~~ te: ,{lie of +t:e H:trtsel tract t= t f t': ~.~'0 e~ _ y ~ X15 ~:t]Cc o t t t0 '1 point; ~ ~l. L.-i~3. l lJny ill? ~t!'il°i is f 1 Y -4 R. ~.'~ 1 till: o the said IIa~.s~t t.a:~~, a c.lsa:ic.e cr _ _~~ ; y f~Ct t+-~ a j~t~it.t in the certerlille ~+f 1~~er}~ ko,~d: °'" ilieiiCZ ~;GLlth ] ~° ~`-~' 1 M" l~:~St, ~1~=1~ tl?~ ccrtitrli.;>e Jf Bald aVCry Road, ~. distar:cc v~ :+5,14 `CCi t0 a mint ai Ill~• rortl~~a:;fie:l}~ comic-Y ~;f tha- ~ ~ ,r, ~` -t t :~ ~ ~ ~'..~ ~ . . , tt +: ~._ ~t..v ; cu o .y'en' ~ZO~.Q ASS~Clate; b}' ~, t°-~ ~ r ~ ~ .+~cci ., ~.: Grc. tIt ~t.ic Ctl Record 2b28SO1 -; t11eriC~ $~~tttll ?4° C1' J~' tiL•IyJt. al+ :- , } `rih rl iliac of *.i1~ S3t~ '~`'tr't' R~+a~'1 .a~~:0.,tafeS Cr3Ci, a ~~ ~` - t ~»~ 49 feet ti, a pc?ir;t 4t ti ,, noz•tri~~ ~stc~rl eo~2ier o }t~~an.e of _ _ . ~.. ~ ~ ~ ~-A ~~ y f the said A.ver}~ Road Associates t;acz; tl'iztic: SOt1t}1 ~!° 19' t•?" ~ti'~_,+ 21i~n$ iC'ie ~~'esicrl3' lttl~ Of tlt~ .S&Id AVZt~' Rl~:id ~5:i01i31~~~ tract ~Il~~ IhC ~~~sterl,~ line of the said Sl.a^ non Glen ~~~~divii;,n trac?. a distance of :205.29 feEt to the f~la~~ of Uegirnin•~. CG11tailllllg 99.~7J acres, !Hare or less. Subject-'iatvevrr, tG a':l 1:,~?al ri.~rts-ter-~ •~;, atiil%or eaten ~F ~ L i- ?, ~' x~I1IS, it c111y', Cf FrE'ti iQI.S record '1''-te above descriptitan is for ;ego :irk; ptt:p~>5~S 0111., :in~I CI~P.S trot rei:leet an actual survc}' pcrfotme:d. - ._ , h1A`( 29 ' 98 ~9 ~ 44 Shi I P . 2 ` Cx~+iBrTG To Whom It May Concern: I, ~ ~ /~ cMA-~eos ~~ as the representative of Shawnee Hills Land Company, owner c-f appra~cimately 99~ acres located on the north side of Brand Read west ofAvc;ry Zoad, . iorated in both Franklin and Urair~r,. Coi~-ties, hereby gral'st to Ben 4V. Hale, Jr. and/or Jaclison B. F.eyno.ds III of the Iaw ~rtn of Smith & Hale, or their designee, the authority to submit and pursue the rezoning of the property to the Planned Low Density ILesidential District an the sabject property, and tr, subn~i-t a development plan fc~r ttie sarme pr©perty to ~e City ref Dublin Planning Commission and the Dublin Cit~r Council. 6 / /~ ~ Ante Its' S e c .t. ~ 7 .4 ,2 ~ - - -- - BELVEDERE SUBDIVISION PLANNED LOW-DENSITY RESIDENTIAL DEVELOPMENT PLAN TEXT SHAWNEE HILLS LAND CO. TRACT AVERY AND BRAND ROADS 3/31 /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 99+/- acres including a proposed '"' school 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 azea and the total number of dwelling units proposed in the development plan: Gross acreage: 99 +/- acres Total units: 178 single family lots/houses Gross density: 1.79 du/acre " Two lot sizes: minimum width of 90 feet (lots between Avery Road and east of Indian Creek) with a minimum lot size of 12,600 square feet (minimum lot width is 90' at the building setback line) minimum of 80' x 130' (lots off Brand Road and west of Indian Creek) 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 25' or 30' as the homes will be staggered throughout the subdivision to provide a variety of front yard setbacks. Lot side yards: total lot 18' or more with a minimum of 6' on each side. Encroachments on side yard by fireplaces, bay windows, eaves, and overhangs a distance not to exceed 2 feet are allowed. Lot rear 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 " over-lot grading and drainage facilities and utility lines and utility structures within said No Build Zones (No Build Zones are shown on the site layout abutting the Shannon Glen Subdivision boundary and along the western side of the open space bordering Indian Run Creek). The rear 25 feet of all lots within the subdivision shall be covered by a no build zone to keep those areas free of obstructions. The rear 30 feet of all lots abutting the central open space west of Indian Run Creek and 10 feet of the yards of lots abutting the central open space on the east side of Indian RTEp TO COUNCIL s MEE~IINO ON Run Creek, shall be covered by a no build zone to keep those areas free of obstructions. No Disturb Zone: Designated azeas 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 of utilities within said zones are not permitted unless written permission is ,,,,~,, granted by both the Planning Director and the City Engineer or designee. Utilities may cross at right angles to the zones or run outside and parallel to it. A 30-foot wide No Disturb Zone runs along the western and northern boundaries of the subdivision. This No Disturb Zone will be indicated on the subdivision plat with a note regarding maintenance and removal of trees in these areas. B. The proposed size, location and use of nonresidential portions of the tract, including usable open azeas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such azeas and spaces: Park/open space provided: 15.5+ acres (per section 153.05 of Zoning Code does not include retention areas) Pazk/open space required: 11.77+ acres Park/open space counted as part of the pazk/open space requirement is more than the minimum required within the subdivision. The 15.5 acres of pazk provided shall be located along both sides of Indian Run Creek, in a 2.8 + acre neighborhood park north of Brand Road, and in the 200' setback azea north of Brand Road west of the entry drive. The 2.8 +/- acre park located north of Brand Road and west of Indian Run Creek will be owned and maintained by the homeowners association (make-up, organization, and funding of the homeowners association is attached) established for the subdivision or dedicated to the City of Dublin if requested by the Department of Parks & Recreation. This park shall be developed with play structures as approved by the Department of Parks & Recreation. The open space shown at the entrances to the subdivision off Avery and Brand Roads shall be dedicated to the City of Dublin upon platting. The homeowners association shall be responsible for the upkeep and maintenance of the open space azeas upon dedication. 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 plans shall be submitted as part of the 2 preliminary plat process. A tree survey/preservation plan will be submitted with the Preliminary Plat. Street trees shall be chosen from the following three species and shall be placed 50 feet on center: Red Maple, Green Ash, and Red Oak and these trees shall be planted so that only one variety is used per street. """ 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 azea. Surface drainage shall be handled in conjunction with a lake/retention basins within Reserve(s) along Indian Run Creek which will be constructed by the applicant with approval from the City of Dublin. The surface drainage shall comply with all applicable requirements. The lake/retention basins found within the subdivision will be mechanically aerated, and the aeration equipment shall be owned and maintained by the home owners association. D. The proposed traffic circulation patterns, including public and private streets, pazking azeas, 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 show the developer's attempt to integrate this proposal into the developments south along Brand Road, to the Shannon Glen Subdivision and to areas east along Avery Road. With the exception of the "Hippodrome Street", all internal rights-of--way shall be 50' with pavement width(s) of 14' for each lane. The "Hippodrome Street" shall have a right ~. of way of 60'. Cul-de-sacs will have aright-of--way of 110' and a pavement width of as determined by the City of Dublin Engineering staff. House setbacks on cul-de-sacs within the subdivision shall be calculated from curved radii of a bulb turn around rather than a boxed end. Any intersection improvements for Brand and Avery Roads will be coordinated with the City of Dublin Engineering staff. The boulevard shall have a right- of-way of 70 feet from Avery Road to the Hippodrome area with the exception of the portion crossing the park/open space area. Sidewalks and bike paths will be provided in the following locations: Four foot wide sidewalks will be installed on both sides of the streets within the subdivision to provide for pedestrian traffic. The sidewalk that encircles the central residential island, which is not a part of the bike path, shall be widened to five (5) feet. An east-west concrete bike path will extend through the subdivision from Brand Road to Avery Road as indicated on the Site Development Plan. This bike path shall be eight (8) feet wide with saw cut control joints. An eight (8) foot wide asphalt bike path shall be installed along the west side of Avery Road according to the Southwest Area Plan. An eight (8) foot wide asphalt bike path shall also be installed along the north side of Brand Road within the landscaped setback area to connect to the future Dublin school site. Two additional 8' bike path connections shall be made from the bike path long Brand Road to the internal streets as shown on the Site Development Plan. Two 40' wide open spaces shall contain an 8 foot wide asphalt bike path to connect to the school site. These will be located as generally indicated on the Site Development Plan. (Exact location shall be determined at the time of platting.) An eight (8) foot wide asphalt bike path shall be extended from Shannon Glen Subdivision north through the open space area to the Riviera Country Club. 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 Avery Road and/or Brand Road location and working west or north respectively. 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 are 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 forward of the building line of any lot. The developer shall provide either the above described fencing or suitable landscaping between the lots and park/open space areas. Such fencing or landscaping shall be installed on the lot. Ground signage will be located along both Brand and Avery Roads and will be incorporated into a landscaped entry feature at both locations. The signage will be incorporated in the overall landscape plan developed for those frontages. The entry feature and signage will be located within the open space areas along Brand Road and Avery Road. These areas will be identified and noted on the preliminary and final plats. 4 r-- A tree survey shall be completed and submitted to Staff prior to hearings on the preliminary plat. The right-of--way along Brand and Avery Roads be dedicated consistent with the Thoroughfare Plan. The right-of--way and street pavement width meet with the approval of the City Engineer. Housing styles shall be varied throughout the subdivision so that no two home models shall be located side by side. The applicant will adopt a policy on preventing repetition of '"'""" housing elevations within the subdivision so that throughout the development (1) the same model with the same front elevation shall not appear within two separate houses on the same side of the street; and (2) the same model with the same front elevation shall not appeaz~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 hazdy plank. All homes shall have dimensional asphalt shingles. Garages shall be side loaded wherever possible. All chimneys within the subdivision (either side or reaz of the house) shall be constructed of brick, masonry, or stucco, and there shall be a plan to add to each elevation some azchitectural features to those windows which also face the open space. 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. The proposed site is located adjacent to the existing Dublin Board of Education property on the west and to the east is the existing Muirfield Subdivision, on the north by the Riviera Country Club and south by Shannon Glen and Westbury Subdivisions. 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 owns the property the subject of this rewning. shawnee.txt 3/31 /99 constructed sh of exceed ordinary grass cuttin mining and watering around such hnprov ts. Nothing contained in this on shall require that the Develope erve or e ish Special Easements, and if eas on Exhibit B have been shade cross-hatched, Developer has not reserved pecial Easements. F. build Zones. Any areas designate the recorded plat of Woods Reynol rg Subdivision, in prior deed rest ' s, or on Exhibit B, as "No-B ones" shall eas in which no Owner shall have ght to construct or locate any rovements. In vegetated No-Build Zones, Ow ay perform maintenance nece for the safety of persons and property (i.e. removi oxious and poisonous plants, or oving dead trees which ma and harm persons ~er Improvements). Grassed N ild Zones shall be mowed, t ' ed and watere a person(s) responsible for the ntenance of the specific area ' uestion acco g to the 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 time, at Developer's 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. \\MI_COL\DATAI\USERSUAN\My Documents\WordUtESTRICT\CC&R form.doc -11- mca~+cR ~~enMaoN.~~' 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-Sharing 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 ~..1 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 anti 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 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 Declazation, or reasonably 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 Boazd 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, board 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 \Vvtl_COL\DATAI\USERSUAMMy Documents\WordU2ESTRICT\CC&R form.doc -12- the Association under Article X Paragraph D, (d) additional insurance against such other hazards and casualties as is required bylaw, 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 awards or proceeds of any condemnation action shall be payable to the Association, to be held in trust for the benefit of the Owners. I. 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. 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 \\Ml_COL\DATAI\USERSUAMMy Documents\WorJUtESTRICT\CC&R form.doc -13- _._.I.._ _ ._ .___.. ... __ ... _..,._..... __,..__ _......__.~_ .. ... ~ _ ..._...._.. ,w. ~,....~d_~.u.,,~~~..~.~...,~.w~~... . ___~.. .. ..... __...... Developer or in lieu thereof, not pay such Annual Assessments and pay any deficit incurred in operating the Association. D. Special Assessments. The Board may levy against any Lot(s) a Special Assessnnent 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 aze 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 sepazately billed by the utility company; and all other fines and charges reasonably determined to be a Lot Assessment by the Board. Upon its determination to levy a Lot Assessment, the Board shall give the affected Owner(s) written notice and the right to be heazd 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 Board against the Lot of any Owner who violates the Rules, the Association Documents or any provision of this Declazation, or who suffers or permits his/her family members, guests, invitees or tenants to violate such Rules, the Association Documents, or provisions of this Declaration. 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 Board 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 Board 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 Owner's personal obligation for a Lot's delinquent Assessments shall also be the personal obligation of his/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. \Uvtl_COL\DATAI\USERSVAN\My Documents\Word\RESTRICT\CC&R form.doc -14- 3. Liens. All unpaid Assessments, together with any interest and charges 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 earlier 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. 4. Vote on Association Matters; Use of Common Property. If 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 \Uvtl COL\DATAI\USERSUAN\My Documents\WordUtESTRIC"I~CC&R form.Joc -15- ._ ._.._ ..~.I.._. v___. ~ ,..._... ..,_....... _..~ ~-.~-,_.,._._ ,.. _..~:~._.~..e.._..} .. .. ......~.....v.e...,....f=v....=:..,~.~.......~....s_ _ __ _.a.w.,n,....K-...:..a~....~.W,e...~R.~....,~.. __....s.,...,..».~..,...-.~....d.Ya.,~..,. 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 Board may levy a Lot Assessment for all reasonable expenses incurred. D. Damage to Common Propert~By Owner or Occupant. If the Common Property is damaged by any Owner or occupant, his/her family, guests, or invitees, then the Board 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 Declazation 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. 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). Failure 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 chazges with respect to the maintenance and improvement of the Property. After the Turnover Date, Developer may unilaterally amend this Declazation, 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 \Vvli_COL\DATAI\USERSUAMMy Documents\Word\RESTRtCT\CC&R form.doc - 16- 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 governmental 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, mazketing, 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 yazds or similaz 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. 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 construct, 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. E. Devel~er's Rights to Replat Developer's Property. Developer reserves the right, at any time 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. F. Mortga eg a 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 \\MI_COL\DATAI\USERSUAN\My Documents\WordUtESTRICT\CC&R form.dce -17- w~ (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 first 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. .,, G. 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 Boazd) to which he/she may be a party by reason of being or having been an officer or trustee. The Boazd 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 Boazd members, officers or trustees may also be Members of the Association), and the Association shall indemnify and forever hold each such Boazd 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 of any other rights to which any Board member, officer or trustee, or former Board member, officer or trustee, may be entitled. H. Severability. ff any article, section, paragraph, sentence, clause or word in this Declazation 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 Declazation shall continue in full force and effect. I. Captions. The caption of each Article, section and paragraph of this Declaration ra~ 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. \Vvl[_COL\DATAI\USERSUAN\My Documents\Word\RESTRICT\CC&R form.doc -IS- ~I~~JI ~d o~ Ivl Is t~OIIMIEIMIi00N.31LLL1.L . r,lrV r1- ~. ~ ~ / 1 I III it , n~ ~' ~ ~ ~ ~" .P ~ i l"i.jl:,Ifl~!fll,tj ! ,;~,;;:,!tt;{:pl(! F` ~ iI I I i. i!Il;jt t;Jii:~!~I~',~;:l;tl~t!~jijll;r 81 ~ o a ~ g'E`~ O it j l a~•t4~!: jtlFFl I ll~li•li•i II, li(I R O ~ It ~ ~Ilj i1FI! 1''il,IPil'It; jll,'+lll.`I A ~ ~ ~ ~ ~ ~~ ~ ~~ ~' ~~ ~ ;I (lt ;~I . 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DUBLIN PLANNING AND ZONING CONIlVIISSION RECORD OF ACTION January 7, 1999 PITY bF D[1I31.IN Division o1 Planning x$00 Shier-Rugs Road in, Oleo 43016.1236 P~s'/IDD: 614-161.6550 Fmc:614-761.6566 Wib Sik: www dubGn.oh.us The Planning and Zoning Commission took the following action at this meeting: 1. ~ Rezoning Application 98-0602 -Belvedere Locafiion: 99.475 saes located on the north side of Brame Road, appmocimately 2,400 feet .west of Avery Road. Ong Zoning:. R-1, Restarted Suburban Residential District and U-1, Rural District (Jerome Township zoning classification). Request: PLR, Planned Low Density Residential District. Proposed IIse: 180 single-family lots with 16.6 acres of park/opea space. , Applicant: Shawnee Hills Land Company, 5131 Post Road, Suite 203, Dublin, Ohio 43017; and rued by Ben W. Hale, Jr., 37 W. Bread Street, Columbus, Ohio 43215. MOTION: To appz+nve this application beCdu.~e iz meets the density commitment made at the time of annexation, it meets land use, density, and incorporates the 200-foot setback along Brand and Avery Roads recommended in the Community Plan, continues the park area within the Shannon Glen subdivision, and advances Dublin's bilaepath plan, with 22 conditions: 1) That the open space dedication include a greater amount of usableJdevelopable land and that the 200-foot setback along Avery Road and the 1.6 acre portion of the Brand Road setback not be considered as open space; 2) That aneight-foot concrete bikepath be extended along the south side of the main road through the subdivision linking the bikepaths along Brand and Avery Roads; 3) That the front yard setback of lots along the main road through the subdivision be increased to 30 feet or greater to accommodate the biloepath; 4) That the depth of lots adjacent to the western and northern pmperiy lines be increased to accommodate the tree row; S) That a biloeway link be provided to the Brand Road bikeway from the southwestern-most loop road, to the satisfaction of staff; 6) That Lots #116 sad 117 be reconfigured prior to submitting a preliminary plat; 7) That a tree sun-e3-, true preservation plan and revised street tree plan be provided at the time of preliminary. plat submittal;. Page 1 of 2 AS SUBMITTED TO COUNCIL '~- FOR MEETING ON •~- DUBLIN P'I.ANNING AND ZONING COMMISSION RECORD OF ACTION January 7, 1999 1. Rezoning Application 98-0602 -Belvedere (Continued) 8) That a 40-foot reserve be provided to a~ocommodate the bikepath link to the adjacent high school, and that the teat be nwised to reflect same; 9) That right-of-way along Brand and Avery roads be dedicated consistent with the Thoroughfare Plan; 10) That tha right-of-way acct stroet pavement width meet the approval of the City Engineer; 11) That floodplain/floodway lines be designated on all future plats, plans amd building permit drawings; -- 12) That the teat be revised to require dim~ensionalso4~ shingles; - - 13) That the park be eapandod to include Lots 129 through 132, and that. the park be developed by the developer, subject to staff approval; 14) That hamn~rl~ead~hapod dirnarounds be pevided on stub streets, subject to staff approval; 1~ Thai the eastern entry mad be built as a boulevard between Avery Road and the floodplain park, and then to the west of the parkas we11; 16) That a 30-foot fi~ont yard setback be provided for lots along the boulevard entrance; 17) That the diversity of architecture be demonstrated at the prr=liminarY plat stage, to the satisfaction of the Commission; 18) That all ponds be aerated; 19) That a 30-foot ao-build zone be established oa Lots 178, 179, 180, and 182; 20) That the Homeowner's Association text, Section I~, A, Reseave Fund, be revised to read: "The Board ~ establish a reserve fund..."; 21) That this rezoning is subject do all other commitments made by the developer at this meeting; and 22) That all conditions be met, subject to staff approval, prior to scheduling for City Council review VOTE: 7-0. RPSULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION Littleton Planner Page 2 of 2 STAFF REPORT DUBLIN PLANNING AND ZONING COMNIISSION JANUARY 7, 1999 CITI' OF DUII[.IN ~„~,iNvision of Planning 5800 Shier-Rings Road blin, Ohio 43016-1236 +~r++ Phone/f DD:614-161-6550 Fax: 614-161-6566 Web Site: www.dablin.oh.us CASE 1: Rezoning Application 98-0602 -Belvedere APPLICANT: The Shawnee Hills Land Company, 5131 Post Road, Suite 203, Dublin, Ohio 43215; represented by Ben Hale, Smith and Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215. REQUEST: Review and approval of a rezoning application from R 1, Restricted Suburban Residential District and U-1, Rural District (Jerome Township) to PLR, Planned Low Density Residential District, to allow 182 single-family lots, and 15.6 acres of parkland. The site contains 99.475 acres and wraps around the Shannon Glen subdivision located on the northwest corner of Avery Road and Brand Road. It is directly south of the Riviera Golf Course. STAFF CONTACT: Kim Littleton, Planner. UPDATE: On December 3, 1998 the Planning and Zoning Commission tabled the case after a lengthy discussion and directed the applicant to modify the plan and the text. These modifications included limiting building materials, increasing the variety of housing styles, reconfiguring lots, expanding school access, extending a bikepath through the subdivision, adding no-build zones, restricting fencing, and dropping two lots. BACKGROUND: A PUD, planned Unit Development concept plan for this site was approved in 1993 and included 92 single-family lots and 72 multi-family units (tota1164 units) designed azound an 18-hole, paz-3 golf course. Both the Planning Commission and City Council approved the concept plan, and encouraged the incorporation of an adjacent fiv~acre parcel (Hansel) fronting on Avery Road and discouraged filling of the flood plain. The Union County (western) 27 acres of this development was annexed on April 18, 1994. The applicant committed to a density of 1.85 units per acre at this hearing. Dublin Planning and Zoning Commission Staff Report -January 7, 1999 Page 2 A second rezoning plan for this 99.5-acre site was filed in 1995. It initially included 142 single-family lots, 80 two-family units (tota1222 units) and 22.9 acres of pazkland. The plan was amended during the process to show 2061ots and 21.5 acres of parkland. The request for rezoning was later withdrawn (see minutes of November 14, 1996). According to Section 153.051 of the Code, the PLR rezoning includes defining the general layout, points of access, maximum density, minimum standards, location(s) of parkland, etc. The Commission is to make its recommendation and then forwazd this application to City Council. It will be scheduled for a public hearing and vote by Council. A two-thirds vote will be required to override a negative recommendation from the Commission. Otherwise, the outcome will be determined by a simple majority vote. If approved, the rezoning will take effect in 30 days. This proposal will be subject to preliminary and final plat review at a later date. CONSIDERATIONS: • About 72 acres of the site is within Pranklin County and is zoned R 1, Restricted Suburban Residential District. The western 27 acres of the site is within Union County (Jerome Township) and is zoned U 1, Rural Distdc~. It was annexed in 1994. The site is bounded on the north by the Riviera Golf Course (zoned R 1), on the south by Shannon Glen (zoned PUD), and on the west by Dublin's future high school site. Asingle-family residence and several outbuildings are located on a five-acre parcel abutting the site (Hansel property). To the south, across Brand Road, is the undeveloped Westbury subdivision (zoned PLR), and to the east across Avery Road is Phase 45 of the Muirfield Village PUD. • The L-shaped site has 1,300 feet of frontage on Brand Road and 370 feet of frontage on Avery Road and wraps around the Shannon Glen subdivision. A tributary creek of the North Fork of Indian Run extends southeasterly through the site, dividing the site into two distinct auras. Feaic:e rows with extensive vegetation are located along the north and west edges of the site. The North Fork is also lined with mature vegetation. • During the 1994 annexation, a golf course design .was shown. The land owner made a commitment to limit the density for the entire 99.5 acres to 1.85 dwelling units per acre (refer to Council meeting minutes of April 4, 1994 and April 18, 1994). This would yield 184 units for the entu~e site. According to the Community Plan, all development west of Avery Road is to be low density residential with a maximum density of two units per acre. • The plan shows 182 single-family lots separated by the creek and 11.3 acres of pazk with two retention ponds located along the stream. The gross density is 1.84 units per acre. Access to the site is provided from both Brand and Avery Roads. A 200-foot setback (as measured from the centerline) is shown along both Brand and Avery Roads. The area west of the creek contains a 2.0-acre common area and a 3.3-acre open space area along Brand Road. A boulevazd entry drive provides access from Avery Road. A 30-foot tree preservation zone is shown along the west and north property edges. A street with a bridge or culvert crossing the creek will connect the two development areas. Two street connections are shown to the Shannon Glenn subdivision. Two additional streets are •aa Dublin Planning and Zoning Commission Staff Report -January 7, 1999 Page 3 stubbed into the adjacent Riviera golf course site. A street connection is also shown to the west side of the Hansel property. • The Hansel property of approximately five acres is not part of this rewning proposal. Including it was strongly recommended, if not required, in the review of earlier proposals. Instead, a street connection is shown stubbing into the site's western property line. This will create an alternative for access in redeveloping this site. • The site is being planned as two different developments. The Avery Road section has -~ 90-foot wide lots (140-foot minimum depth). The Brand Road area has mostly 80-foot wide lots (130-foot minimum depth) with a few between 80 and 90 feet. The park along the floodplain becomes the unifying element for these two distinct neighborhoods. • The building setback will be 25 feet. Combined side yards will be 18 feet with a minimum of eight feet on one side. The minimum rear yards will be 25 percent of the lot depth, varying from 30 feet to 50 feet. Lots on the north and west boundaries will have a 30-foot tree preservation zone along the established tree row abutting the Riviera golf course and the high school site. A 25 foot no-build zone is shown along the boundary adjacent to the Shannon Glenn subdivision. Lots abutting the west and east side of the park will have 25-foot no-build zones. No-build zones are shown on all the internal lots. A tree survey establishing the extent of tree Dover and a tree preservation plan should be submitted prior to setting the lot depth along the western and northern boundaries. Lots #116 and 117 appear to have limited area for building and should be reconfigured prior to submitting a preliminary plat. Staff recommends that the cul-de-sacs utilize the box setback to give a consistent courtyard appearance similar to. Shannon Glen. • Street trees are proposed along all internal streets. Staff recommends replacing the Red Maple with a hardier variety and planting a different species on -each street consistent with the Shannon Glen subdivision. The street trees along Brand Road should be either Autumn Blaze or Freeman maple. • A minimum of 12.0 acres of dedicated parkland is required based on the plan. Approximately 16.6 acres of open space are shown. The 11.3 acres along the stream are «~~~ almost entirely within the floodplain. This park continues the open space system in Shannon Glen. A 2.0-acre common area (owned and maintained by the homeowners association) is shown north of the boulevard entrance to Brand Road (it was originally 1.7 acres). Park space along Brand Road (3.3 acres) features a 200-foot building setback with a bilaepath, landscaping, and none-acre retention pond. The park area along Avery Road (one acre) also features a 200-foot setback, aneight-foot bikepath and landscaping. Because of its, size, the setback along Avery Road does not have recreational value and is not included toward the park requirement. The open space within the Brand Road setback is large enough to have some recreational value. Because of restrictions on development, the floodplain has limited recreational value (i.e. the location of park facilities/structures is restricted). Staff believes a development of this size should make a more usable contribution to Dublin's park system. One alternative would be to increase the size of the 2.0-acre common area to forma "centralized" park similar to that of Hawks Nest. • The text includes aneight-foot bikepath along Brand Road and one along Avery Road. A bikepath connection (within a 40-foot easement) to the high school site is shown between two lots at the western property line. A bikepath is also shown extending along Dublin Planning and Zoning Commission Staff Report -January 7, 1999 Page 4 the stream. A six-foot concrete path is shown along the south side of the main access drive through the subdivision. This would provide a link between Avery and Brand Roads and utilize the bridge. Staff recommends upgrading to an eight-foot concrete bikepath on the south side of the main access road. The depth of the lots and setback along the bilaepath should be increased if necessary. Staff also recommends a second link to the high school site between the lots at the southern end of the property. The side yazds of these lots abutting bikepaths should be wide enough (similar to the 40-foot easement to the north) to accommodate the bikepath and potential screening material. • A boulevazd entrance is shown from Brand Road. Left turn stacking lanes must be provided on Brand and Avery Roads consistent with established City policy. The Thoroughfaze Plan shows an 80-foot right-of-way along Avery Road and a 60-foot right-of-way along Avery Road and these must be incorporated into the plat. • All internal streets will be public and will provide 50 feet of right-of--way. The main east west access road needs at least 60 feet of right-of-way. Additional easements and/or setbacks may be required to aa~ommodate the eight foot bilaepath. The right-of--way at the boulevard entrance from Avery Road should be at least 75 feet. • The plans indicate that the total minimum detention/retention azea required for the site is 3.3 acres. This includes two ponds within the floodplain azea of the park and a pond at the Brand Road entrance. The design of wet basins within the floodplain azea must be approved by the City before the pazkland azea is finalized. This will need to be fully examined at the preliminary plat stage. • The proposed text was modified to address the azchitectural appearance of the units within the subdivision. The Commission had requested that all houses be required to have "natural material" facades. The applicant has addressed this issue and building materials will be restricted to the following: brick, stone, wood, stucco and/or Hazdi plank. The applicant has also established a standard to prevent the repetition of housing elevations within the subdivision similaz to the one for Westbury. • FEMA-designated floodplain exists on this site and is generally shown on the site plan. No floodway is located on the site. The floodplain will require a more specific delineation and coordination with the floodplain changes that are in process for Shannon Glen. • The site will be served by the extension of satritary sewer lines from Shannon Glen. The site is located within the Sanitary Sewer Reimbursement District for the Shawnee Hills Sanitary Trunk Sewer which was executed in 1994. • The developer will be required to extend the 16-inch water line along the north side of Brand Road to the western boundary of the site. The development will also connect into the existing water line along Avery Road. STAFF RECOIVIlVIENDATION: The applicant has responded positively to many of the concerns raised by the Planning Commission and staff at the last meeting. The proposed density and residential land use is also consistent with other uses in the area and follows the recommendations in the Community Plan. However, specific attention needs to be given to the amount and location of dedicated open space and the provision of adequate bilaeway facilities. Staff recommends approval with 12 conditions: Dublin Planning and Zoning Commission Staff Report -January 7, 1999 Page 5 Conditions: 1) That the open space dedication include a greater amount of usable/developable land and that the 200-foot setback along Avery Road and the 1.6 acre portion of the Brand Road setback not be considered as open space; 2) That an sight foot concrete bikepath be extended along the south side of the main east-west access road linking the bikepaths along Brand and Avery Roads; 3) That the depth of lots along the east-west access road be increased to accommodate the bikepath and that adequate easements and setbacks be provided; 4) That the depth of lots adjacent to the western and northern property lines be increased to accommodate the tree row; 5) That a second bil~eway link be provided to the high school site midway between the proposed link and Brand Road; ~ That Lots #i 16 and 117 be reconfigured prior to submitting a preliminary plat; 7) That a tree sur~-ey, tree preservation plan and revised street tree plan be provided at the time of preliminary plat submittal; 8) That the 200-foot setback along Avery Road and Brand Roads not be considered as dedicated open space; 9) That right-of-way along Brand and Avery roads be dedicated consistent with the Thoroughfare Plan; 10) That the pavement and right-of-way width meet the approval of the City Engineer; 11) That floodplain/floodway lines be designated on all future plats, plans and building permit drawings; and 12) That all conditions be met, subject to staff approval, prior to scheduling for City Council review. Bases: 1) The plan, as submitted, meets the density commitment made in at the time of annexation. 2) The plan meets the land use and density recommendations in the Community Plan. 3) The proposed subdivision continues the park area within the Shannon Glen subdivision. 4) The proposed plan incorporates the 200-foot setback along Brand and Avery Roads recommended in the Community Plan. 5) The proposed plan, as modified above, advances Dublin's bikepath plan. Dublin Planning and Zoning Commission Minutes -January 7, 1999 ' Page 2 Ms. Clarke said the Rules and 'ons schedul a election of offi at first meeting o e year. Since appointments now effective ril 1, the Commis ' n may choose to d the 1999 election until then. was some 'on, and the Co 'ssion requested s to draft an amendmcet to the and Regulati moving the electio of officers to April. s. Clarke said the Rules and ulations are ad ted by the Commi on and affirmed by ity Council. Ms. Clarloe 'd staff wants to nfirm with the Co 'ssion that using s mmittee meetin to accom sh the Sign d Design Review Dais is still the d .She said both ps have d intermittent a dance. Staff wan expedite the p and she sugges using re meeting ev s, especially if is a light agenda. Mr. Sprague hearing Code ' ues first and no ' applicants of a starting time. Code amen is at the end of agenda never get Mr. Fishman 'd the normal case load takes of his a~ergy and ggested using a t meeting time d date. Mr(/Y,ecklider said the S' Code and the F Code should be ed in a few m s. Mr. F.asteP said he ould prefer to h scheduled cases to Code revision . He will be unable to attend a Sign Code m on 1~esday. M .Fishman, Pep ,Sprague and Lecklider ttend that meetin¢ Mr. said he would p to keep the view meeting site weeks of P ' g and medings. Prague said this may talcs three four hours. Mr. klider about the possth' ' of starting at 5:30 .m. to discuss d fore the rest of agenda. ere was some 'on about the vo a of pending .This issue will ntinue to be discussed at the ext meetuig. Ms. C ke said Kendall ' ge and Westbury required to div architecture "to the of the Co ." She said the t elevations forth 'es of houses to be built estbury was dis ted. Some of the els have differen es but are very similar in appearance. She for direction from Commission. Mr ishman said for some, the only real difference ' the name. Ms. C said this discu on will be scheduled for the next Commission meeting, unless it is lved later tonight th the Westbury case. 1. Rezoning Application 98-0602 -Belvedere Kim Iittleton said this is a PLR, Planned Low Density Residential rezoning application. The plan has 182 single-family lots with 15 acres of park on 99.5 acres. The site abuts Shannon Glen, the future high school and the Riviera Golf Course. He said this case was tabled after discussion on December 3, 1998. The plan and text were to be modified regarding building materials, fencing, housing vatiety,1ot layout, school aooess, a bilaepath through the subdivision, and adding no-build zaies. This plan has eliminated two lots, and it meets the annexation commitment of 1.85 du/ac. Mr. Littleton said the North Fork of the Indian Run runs through the site, and the five-acre Hansel property is not included. The revised plan widened the bikeway access to the high school to 40 feet, and the oenttalized park was increased by two acres. Some 80-foot lots were replaced with Dublin Planning and Zoning Commission 'Minutes -January 7, 1999 Page 3 85-foot lots. A detention pond was relocated. The plan has 25-foot no-build zones at the rear of all interior lots. The text includes standards for materials and diversifying the housing. Materials are to include stucco and Hardi-plank for the residences. Brick chimneys have been added. He said the open space requirement is 15.5 acres. Staff would like the central park to be larger so that it is more usable. Mr. Littleton said the applicant has responded to all concerns. The bikepath through the site is shown as six feet wide, and staff is recommending that it be a standard ~„ eight-foot path. The lots are deep enough to accommodate it. Mr. Littleton said staff recommends approval with 12 conditions: 1) That the open spore dedication include a greater amount of usableJdevelopable land and that the 200-foot setback along Avery Road and the 1.6 acre portion of the Brand Road setback not be considered as open space, 2) That an Wight foot oonca~ete bilaepath be extended along the south sick of the main east_ west access road linking the bikepaths along Brand and Avery Roads; 3) That the depth of lots along the east-west access .road be increased to accommodate the bilaepath and that adequate easements and setbacks be provided; 4) That the depth of lots adjacent to the western and northern property lines be increased to accommodate the tree row; 5) That a second bikeway link be provided to the high school site midway between the proposed link and Brand Road; ~ That Lots X116 and 117 be reconfigured prior to submitting a prrdiminary plat; 7) That a tree s<uvey, tree preservation plan and revised street tree plan be provided at the time of preliminary plat submittal; 8) That the 200-foot setback along Avery Road and Brand Roads not be considered as dedicated ~ space; 9) That right-of-way along Brand and Avery roads be dedicated consistent with the Thoroughfare Plan; 10) That the pavement and right-of-way width meet the approval of the City F~gineer; 11) That floodplain/floodway lines be designated on all future plats, plans and building permit drawings; and 12) That all conditions be met, subject to staff approval, prior to scheduling for City Council review. Mr. Peplow asked about minimizing cut-through traffic to the high school. Mr. Littleton said additional space was needed between the lots for the internal connector because traffic is expected. There will also be a bikepath along Brand Road. Mr. McCash asked why staff recommended the second bikepath connection from the cul de sac connecting into the main bikepath. Ms. Clarice said the objective is to create convenient we11- spaoed connections so that people will use them. She said the high school will attract a lot of activity. If connections are not convenient, cyclists, roller bladers etc. may cut through yards. For kids in this subdivision, Brand Road will not be convenuent. Mr. McCash asked if parts of Dublin Planning and Zoning Commission Minutes -January 7, 1999 Page 4 Lots 79, 80, and 81 are to be moved south to capture that space inside the development or to eliminate a lot. Mr. Littleton said the preference was to keep the openspace as it was. Mr. Fishman aslaed about the density of the original plan when the site was annexed. Ms. Clarke said the density here is the same (1.85 units per acre) as the golf course commitment. Mr. Harian asked why aneight-foot bikepath was preferred. Mr. Littleton said the width is needed to have bilges safely pass each other. Sidewalks are either four or five feet wide. Federal funding usually requires aten-foot wide bikepath. The eight-foot standard has worked well in Dublin. Ms. Clarke did not think there were any-six-foot bikepaths in Dublin's network. Dublin's initial standard was six feet, and developers were paid for the two feet of asphalt after the eight foot standard was adopted. Public bilaepaths are -eight feet or wider. Mr. Harian aslood why the no-build zone along the parkland was 25 feet and not deeper. Ms. Clarlae said it was part of the negotiation process with every subdivision. Staff wants to assure that with a no-build zone, since a variance is not possible, that their footprints will work. The edge of the park should be beautiful, not a collection of sheds and mismatched fences. Mr. Harian asked if a house could be built on the floodplain. Mr. Littleton said there was no designated floodway here, a portion could be -filled and then houses built. The developer has chosen not to have any sites within the floodplain. Mr. Hermann said the Shannon Glen subdivision raised 121ots out of the floodplain by filling it. Randy Bowman said if the new stormwater regulations are followed along with staff recommendations, there will not be negative impacts. No preliminary feasibility stormwater analysis was submitted. Mr. Lecklider would like to verify a designated percentage of building materials to be used. He did not want 80 percent stucco used or 80 percent Hardi-plank, etc. Mr. Lecklider wanted clarification on the combined sideyard standard. The text cites 14 feet, and the staff report says 18 feet, which he prefers. Mr. Littleton said the text was correct. Ben W. Hale, Jr., attorney for the applicant, said 21 plan changes were made since December. He said they will use all natural materials plus Hardi plank. The pond has been moved and added to the other pond. He said 68 pexcent of the lots are at least 90 feet, 14 percent are 85 feet ,and the nest are 80 feet. The park land is now large enough for informal ball or soccer. Stubs have been added into the Hansel property and the Riviera golf course. He agreed to make the bikepath eight feet wide instead of six. With the 60 foot right~f--way, there is adequate room for. asix-foot tree lawn and the bilaepath in the right-of-way. He said Dublin wants lots kept within one county line. The minimum setback will be 30 feet, and the setbacks are varied. Between Lots 66 and 65, a 40-foot access is pmovided. Mr. Hale said Lot 81 could be dropped down to provide a 40- Dublin Planning and Zoning Commission Minutes -January 7, 1999 Page 5 foot access, but it seemed redundant. They will alternate setbacks and diversify housing. For any house, the two lots on either side and three lots across the street will be built with different models. Cul de sacs will have rounded setbacks. The right-of--way on the hippodrome has been increased. Mr. Hale agreed with all conditions except Condition 3. Mr. Harian asked if the hippodrome road could have a bikepath. Mr. Hale said two bikepath access points could be made within the reserve at the southwest corner of the subdivision. Mr. Hale said they will use natural materials and dimensional shingles. Mr. Fislunan said this site was annexed for a golf course, and plan includes only houses. He said this subdivision appears as two subdivisions with all the park land in the floodplain. Mr. Hale said they are not filling the floodplain. Mr. Fishman wanted mole park area, especially increasing the two-a~cre park by eliminating four lots. Mr. McCash said the main street through the park needs traffic calming. He suggested extending the boulevard section through the park. This will also add a third row of trees. Mr. Hale said they tried to bend the street to slow traffic. He proposed to boulevard at each end instead. Mr. McCash said if the section through the park is not a boulevard, other traffic calming devices such as a small chicane should be considered. Randy Bowman said a chicane is a triangular- shaped peninsula which could be landscaped. It narrows- the roadway width and causes drivers to slow down. He will relay the Commission's wishes to the City Engineer. Mr. McCash did not liloe speed bumps. He wanted staff to look at calming on long collector roads in the future. Some new, less obvious traffic. calming solutions should be required through platting. Mr. Hale agreed to increase building setback along the boulevarded street to 30 feet. Mr. McCash said due to the length of the stub street into the Riviera site, the driveways of Lots 52 and 51 may be used as turnarounds. Mr. Hale suggested using a hammerhead. Randy Bowman said it warranted a hammerhead turnaround. Ms. Clarke said it would be decided at the time of the preliminary plat. Mr. Hale agreed to a hammerhead turnaround. Mr. McCash was concerned about the buildability of Lot 117 and whether it could support the typical house depth plus a deck. Linda Menery, NBBJ, said it should be fine for both. Mr. McCash asloed about the pedestrian access for the bikepath being an easement. He thought it should be platted as a dedication. Mr. Hale agreed to dedicate it. Mr. McCash a4loed about the provision in the deed restrictions which states that the homeowners' association malt establish a reserve fund for operation, repair, etc. Mr. Hale said if the parkland Dublin Planning and Zoning Commission Minutes -January 7, 1999 Page 6 stayed in private ownership, they had to have an association to maintain it. It will have a funded homeowners' association. Mr. Hale agreed to change the word ma)t to shall. Mr. Fishman asked why it is not all city park. Mr. Hale will dedicate it as a City park if desired. Fred Hahn cautioned that if the civic association wants improvements in an association (rather than public) park, it will be up to them. He said the smallest neighborhood park was 2.7 acres. Mr. Hahn said the park at Trinity was at least four acres and Stonefield Park is 2.7 developed acres. Mr. Mc~ash has heard concern about Dublin having to maintain those parks. The homeowners' association could maintain and develop the park. Mr. Hale agreed to develop the park. Mr. Sprague was concerned about maintenance of the two-acre park if it is privately held. He wanted the park to be enlarged over three acres and developed-as a City park. He suggested eliminating several adjacent lots. Mr. Hale promised some sort of a play structure. Mr. Sprague suggested moving the two acres of parkland to where the ponds would pmvide a nice greenspace. Mr. Hale said they would provide an easement to the park so citizens of Dublin could use it. Mr. Peplow asked if the eight foot bikepath would be saw-cut concrete. Mr. Hale agreed. Mr. F.astep thought two sic-foot bilcepaths along the main road would be better than one eight-foot path. Mr. Hale preferred two six-footpaths. Mr. Eastep generally opposes eight-foot paths being installed in front yards. The six-foot paths could be increased to eight feet along the boulevard. Mr. Eastep questioned boulevarding between Lots 46-45 and 172-173, because it may create traffic confusion. It would also decrease those lot widths. Mr. Eastep was happy to see no-build zones on all lots. He requested increasing the no- build/naturai zone along the retention pond to 30-feet. Mr. Hale agreed. Mr. Eastep said landscaping in the center of a cul-de-sac in many subdivisions is not the best scenario due to lack of maintenance. Mr. Fishman disagreed. Randy Bowman said the Code requires cul de sacs longer than 300 feet to have landscaped islands. Mr. Eastep did not think a better subdivision would be created by eliminating four lots. Mr. Fishman suggested that a gazebo be placed in the park. Mr. Lecklider said Lots 3-6 would access from Avery Road and wondered if there would be a median break for them. Randy Bowman said the length of the median shown is near the minimum distance. Drivers will go to the median break and melee a U-turn. Randy Bowman said the design standards established for Kendall Ridge Boulevard would be used here. Mr. Lecklider suggested extending the boulevard into the. western area. He was concerned about traffic and speeding, and supported the use of a chicane. Randy Bowman suggested that the Commission leave the median option open. It will be reviewed during the preliminary plat Dublin Planning and Zoning Commission Minutes -January 7, 1999 Page 7 hearing. Mr. Hale agreed. Mr. Lecklider was concerned about the minimum median length necessary for a break. Mr. Lecklider aslaed if the combined side yards could be increased to 18 feet with a minimum of eight feet on either side. Mr. Hale agreed. Mr. Fishman appreciated that four lots would be eliminated in order to develop a pazk. Mr. Hale said they would aerate the pond also. ~, Mr. Fishman said a program for azchitectural diversity is needed. Mr. Hale will meet with staff on this issue. In Westbury, they will use some of the new elevations. Mr. Fishman said side- loading garages vary the view along the street. Ile said every lot that can support aside-loading garage, should be required to have one. Mr. Hale agreed to add side-loading garages, where possible. Mr. Lecklidet ashod if the 18-foot combined side yards -will interfere with side-loading garages. Mr. McCash said they could be reduced a bit for side-loading garages. Ms. Clarke said the combined side yard is not a problem because the turning radius into the garage is typically 20 feet. An incentive may be to reduce the minimum side yard on the opposite side of the house. Mr. Hale said the park will be improved as Dublin wants it, and it will be turned over or held by the homeowners' association, whichever the City requests. He agreed to put an easement on it so any Dublin citizen can use it and a sign if desired. If the pazk is private, the association will have the maintenance responsibility. Mr. Hahn said the park is a Council decision. Dublin owns and maintains all of the active pazks. Only some reserves are maintained by civic associations. Active parks have higher maintenance and liability levels. Mr. McCash said it could be decided during the preliminary plat stage. Mr. Hale agreed to eliminate four lots. The boulevazd would be resolved at the preliminary plat. Mr. Harlan wanted the boulevard on both sides of the pazk and liked the 30-foot setback from the boulevard. Rolling four lots into pazk will improve it. He supported the dimensional shingles and the hammerheads into the Riviera site. He does not like eight-foot bikepaths in front of homes; it looks like a service road. He preferred dual six-foot paths through the subdivision. He suggested adding a few accesses to the bikepath along Brand Road. Mr. Fishman agreed. Mr. McCash said aneight-foot bikepath in front of houses should require a deeper setback, perhaps 35 feet. He thought asix-foot width was better and did not see the need for two paths. Mr. Fishman and Mr. Sprague agreed with this. Randy Bowman noted that the bilaepath width is in the Code. Bikepaths must be at least eight feet wide. A sidewalk is either four or five feet wide. Deviating from the standards leads to errors. .~ Dublin Planning and Zoning Commission Minutes -January 7, 1999 ' Page 8 He gave several examples in the Hawk's Nest subdivision. Creating inconsistent standazds bothered him, especially since there will be a different concrete contractor for every lot. Mr. I.ecklider said there was aneight-foot wide concrete bikepath/sidewalk along lbllymore Drive, and he had not heard any complaints about it. It is not noticeable driving by the path. Mr. Sprague said the path on Tullymore is nice, but he thought asix-foot path would be adequate. Mr. Fishman said if two cars are pazked in any driveway, they will block the bikepath. Mr. ~ Lecklider said with a deeper setback, there would be no blockage. Ms. Clarke said the Code requires a bikepath to be eight feet wide, regazdless of where it is placed. Ally, she said there have been mixed reviews on what is needed. She said when the subdivision regulations are revised, consideration should be given to requiring broader setbacks along bikepaths due to the aesthetic implications. Mr. McCash said if the bikepath is needed to go through, the applicant and staff should discuss wider setbacks. from the outset. Ms. Clarke said a bmader setback was discussed, but both the bikepath and setback ideas were initially rejected by the developer. Mr. Fishman noted the Muirfield bikepaths are six feet wide in most areas, and they are adequate. He agt~aed that sidewalks or bikepaths in front of homes should meet Dublin's standazds. There was a discussion ~ sidewalks and gaps in different areas. Sidewalks were not required in PUDs until the late 1980s. Mr. Sprague said it was a mistake that things are not consistent. Mr. Fislunan suggested a condition that aeight-foot wide bikepath be required on one side of the street with a 35-foot setback along it. Mr. Hale preferred a setback of 30 feet. Ms. Clarke said the width could be determined at the preliminary plat. Mr. Peplow agreed with all the previous comments made by the other Commissioners. Mr. Eastep asked why Dublin requires tooled joints versus saw-cut joints in sidewalks. Randy Bowman said slip-formed concrete paths could besaw-cut. If forms aze used, the joints will be tooled. It would be mostly tooled if it was going to be hand formed. Mr. Eastep wanted saw cutting considered at the preliminary plat. Mr. Lecklider would also like paths saw-cut. Mr. Lecklider said the boulevazding on the east/west drive was good. He liked the park being increased, but wished it was larger. He commended the applicant for using natural materials. He expected the text to be revised to reflect the discussion regazding the combined side yazds, minimum setbacks, etc. He appreciated the use of dimensional shingles and the variations in the setbacks, etc. He had hoped for a more imaginative plan. Mr. I.ecklider asked if there will be aneast/west road on the north side of the pazk. Mr. Hale said yes. Mr. Hale said the density for 1801ots will be 1.81 du/ac. Dublin Planning and Zoning Commission Minutes -January 7, 1999 Page 9 Mr. Harian made the motion for approval because it meets the density commitment from the annexation, it meets land use and density, incorporates the 200-foot setback from the Community Plan, and it continues the Shannon Glen park and Dublin's bikepath plan, with 22 conditions: 1) That the open space dedication include a greater amount of usable/de~elopable land and that the 200-foot setback along Avery Road and the 1.6 acre portion of the Brand Road setback not be considered as open space; 2) That an eight-foot concrete bikepath be extended along the south side of the main road through the subdivision linking the bikepaths along Brand and Avery Roads; '""" 3) That the front yard setback of lots along the main road through the subdivision be increased to 30 feet or greater to accommodate the bikepath; '"`"` 4) That the depth of lots adjacent to the western and northern property lines be increased to accommodate the tree row; 5) That a bikeway link be provided to the Brand Road bikeway from the southwestern-most loop road, to the satisfaction of staff; 6) That Lots # 116 and 117 be reconfigured prior to submitting a preliminary plat; 7) That a tree survey, tree preservation plan and revised street tree plan be provided at the time of preliminary plat submittal; 8) That a 40-foot reserve be provided to accommodate the bikepath link to the adjacent high school, and that the text be revised to reflect same; 9) That right-of--way along Brand and Avery roads be dedicated consistent with the Thoroughfare Plan; 10) That the right-of--way and street pavement width meet the approval of the City Engineer; 11) That floodplain/floodway lines be designated on all future plats, plans and building permit drawings; 12) That the text be revised to require dimensional roof shingles; 13) That the park be expanded to include Lots 129 through 132, and that the park be developed by the developer, subject to staff approval; 14) That hammerhead-shaped turnarounds be provided on stub streets, subject to staff approval; 15) That the eastern entry road be built as a boulevard between Avery Road and the floodplain ""~" park, and then to the west of the park as well; 16) That a 30-foot front yard setback be provided for lots along the boulevard entrance; "~~~ 17) That the diversity of architecture be demonstrated at the preliminary plat stage, to the satisfaction of the Commission; 18) That all ponds be aerated; 19) That a 30-foot no-build zone be established on Lots 178, 179, 180, and 182; 20) That the Homeowner's Association text, Section IX, A, Reserve Fund, be revised to read: "The Board shall establish a reserve fund..."; 21) That this rezoning is subject to all other commitments made by the developer at this meeting; and 22) That all conditions be met, subject to staff approval, prior to scheduling for City Council review. Mr. Fishman seconded the motion, and the vote was as follows: Mr. Eastep, yes; Mr. Lecklider, yes; Mr. Peplow; yes; Mr. Sprague, yes; Mr. McCash, yes; Mr. Fishman, yes; and Mr. Harian, yes. (Approved 7-0.) CITY OF DUQLIN Divisioa of Planning 5800 Shk~-tines Road pu6iq, Ohio 43016-1236 Mione/IDD:6l4-1616550 Fmc 614-I61~S66 Mli Site: wwvcduhGnoh.us DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION December 3, 1998 The Planning and Zoning Commission took the following actionat-this meeting: 3. Rezoning Application 98-0602 -Belvedere Location: 99.475 acres located on the north side of Brand Road, approximately 2,400 feet west of Avery Road. Exsting Zoning: R 1, Restricted Suburban Residential District and U-1, Rural District (Jerome Township zoning classification). Request: PLR, Planned Low Density Residential District. Proposed Use: 184 single-family lots with 16.4 acres of pazk/open space. Applicant: Shawnee Hills Land Company, 5131 Post Road, Suite 203, Dublin, Ohio 43017; and representedby. Ben W. Hale, Jr., 37 W. Broad Street, Columbus, Ohio 43215. MOTION: To table this rezoning application as requested by Ben W. Hale, Jr. VOTE: 6-0. RESULT: After much discussion, this application was tabled. Issues discussed included lot sizes and configuration, school access, bikepaths, stub streets, pazk expansion, no-build zones,:setbacks, .fencing, architecture and building materials, stormwater detention, and the elimination of the eastern retention pond. STAFF CERTIFICATION im Littleton Planner 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 6 Mr. Sprag shared these concerns. He appreciated . Hale's work to expand the si ,add areensva d a water feature. He said this hotel in different location would be wel e. Mr. M ash did not view this as a political issue, tone of land use. Mr. McCash oted that the Co mission does not have any proxy-type vo g. Mr. made a motion to disapprove this r ns to change the zoning given the folic 1 ere aze questions concerning revenue The Community Plan designates the si There is not a demonstrated need for c 4) The site is viable for an office buil application because there aze ~ compelling aerated by hotels versus office r office use; hotels rooms; and ~ - - ~ Mr. Eastep seconded the motion, and a vote was as follows: Mr. Sp ,yes; Mr. Fishman, yes; Mr. McCash, yes; Mr. F.astep es; and Mr. Harian,~yes. (Disa oved 5-0.) 2. Development Plan 98-054 -1~ttle Crossing -Homestead e - 4900 Tuttle Crossing Boulevard Mr. McCash made the moti to table this application indefini as requested by Mr. Hale. Mr. Eastep seconded the mo n, and the vote was as follows: .Fishman, yes; Mr. Sprague, yes; Mr. Icarian, yes; Mr tep, yes; and Mr. McCash, yes (Tabled 5-0.) Mr. Sprague called a sl~rt recess. 3. Rezoning Application 98-0602 -Belvedere Kim Littleton said this is a rezoning request for a PLR, Planned Residential Low Density District, to permit 184 single-family lots and approximately 16.3 acres of pazk. This site has was previously reviewed under several proposals, generally .combining single- and. multi-family housing. The initial plan had spar-three golf course. During annexation, this owner committed to a maximum density of 1.85 du/acre, and this application meets the density. 1VIr. Littleton showed several slides. The site wraps around the Shannon Glen ~ subdivision at the corner of Brand and Avery Roads. To the north is the Riviera Golf Course, and west of the site is a future Dublin high school. Mr. Littleton said there are mature tree row along the west and north lines and along the stream. It wraps behind the five-acre Hansel property on Avery Road. Mr. Littleton said the developments in the azea aze zoned for a maximum of two units per acre, and that is the recommended. maximum density in the Community Plan. The plan has two distinct areas. The portion to the east of the stream will have 90-foot lots, and the west side will have 80-foot lots The floodplain runs through the center, which will become parkland. He said several retention ponds aze shown adjacent to the tributary. Brand Road and Avery Road will have a 200-foot setback. There is an entrance on Brand and on Avery Road. 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 7 Mr. Littleton said bikepaths are proposed along Brand and Avery Roads. One will also connect within the park to Shannon Glen. Staff recommends bikepath linkage to the high school site and diagonally through the development, and these may require additional right-of--way or easements. The pazkland of 16.3 acres includes the setback areas and the open space within the floodplain. Mr. Littleton said staff recommends two street stubs into the Riviera Country Club as it may be a residential development in the future. There is a street stub for the five-acre parcel on Avery Road. Staff has worked with the applicant to provide a plan which meets the Community Plan density and goals. He said the bikeways and parkland are still somewhat unresolved. He said staff recommends approval with 13 conditions: 1) That the open space dedication include a greater amount of usableldevelopable land; 2) That the 1.7 acre common area be expanded; 3) That a bilaeway be extended along the south side of the main-east-west access road linking the bike paths along Brand and Avery Roads; 4) That adequate easements and setbacks be provided~to-accommodate the proposed bike paths; 5) That the depth of lots adjacent to the western and northern property lines be increased to accommodate the tree mw; 6) That a second bilaeway link be provided to the high school site midway between the proposed link and Brand Road; 7) That Lots 57, 62, and 184 be reconfigured prior to submitting a preliminary plat; 8) That a tree survey, tree preservation plan and revised street tree plan be provided at the time of preliminary plat submittal; 9) That 25-foot no-build zones be provided along the rear portion of internal lots; 10)That the 200-foot setback along Avery Road and Brand Roads not be considered as dedicated open space; 11)That right-of-way along Brand and Avery roads be dedicated consistent with the Thoroughfaze Plan; 12)That the pavement and right-of--way width meet the approval of the City Engineer and; 13)That the applicant meet with staff prior to applying for preliminary plat approval. Mr. Harlan asked if the stub streets into the Riviera property anticipate the club being sold. Mr. Littleton said he was unawaze of any land sale, but it is possible in the future. Mr. Fishman said he was on the Commission when the golf course was approved. Mr. Littleton said the lots are at least 80 feet wide to the west of the stream and 90 feet wide on the east. Mr. Fishman was concerned about developing Riviera Golf Course for more residential, and he believed this would produce more units than the Community Plan recommended. The stub streets would encourage the same density, and he thought it should be lower. He thought it was anticipated as open space. Ms. Clarke said Riviera was tested in the Community Plan as residential because there is no guarantee that it will remain a golf course. She said it would be exactly the same as a farm which currently functions as open space to be rezoned residentially. 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 8 Mr. Fishman said the golf course was to be developed at the same density as this subdivision in the Community Plan. Ms. Clarke agreed. She said the Community Plan testing did not necessarily determine the preferred use. It was an appraisal of expected impacts. Mr. McCash said the 1993 plan was a PUD concept plan for 92 single-family lots and 72 multi- family units, designed around an 18-hole par three golf course. The thought there should be more open space this close to the proposed metro park. '"" Mr. Sprague asked if neighboring land owners had received notice of this pending application. Mr. Littleton said yes. Ben W. Hale, Jr., attorney for the applicant, said Dave Thomas of the Shawnee Hills Land Company has owned this site for several years. Mr. Hale was involved with the approved 1993 concept plan. That plan is not binding and was<not economically-. feasible..Since ariiiexation, Shannon Glen was developed. Dublin has requested a 200-foot setback along Avery Road and they will comply. The adjacent Shannon Glen is also zoned for 80-foot lots. He said they exceed park requirements. Other developments along Avery and Brand Roads use their setbacks to meet the required open space. He said they meet park requirements without the setbacks. The retention ponds will be wet and retrofitted to match Indian Run Meadows. The open areas can be used for informal football or soccer fields. They prefer to construct five-foot sidewalks on both sides of the street instead of an eight-foot asphalt bikepath. Linda. Menery, NBBJ, said goals here include a development quality compatible with the area density and land uses, providing a sensible circulation system and protecting the neighborhood from potential high school traffic, and providing an organized open space system. Regarding lot size and the north and west tree rows, she said the lots range from 150 to 210 feet deep. The can accommodate 25-foot no-build/no-disturbance zones. She said was over 13 acres of park along the creek, without counting the detention areas. The setback areas were not included in the park. Ms. Menery said no agreement was reached with the Hansel property, and so the street is stubbed. Ms. Menery said they were concerned about the bikepath requested by staff. They preferred to keep bikepaths at the edges, outside the neighborhood. They believe that Avery and Brand Roads are more logical for bicycle traffic. Ms. Clarke asked if the four areas colored blue on the slide were surface water. Mr. Hale said all storm water detention areas will be wet ponds. Ms. Menery showed two layouts for the 1.7 acre internal park. She said all of the lots will accommodate a 2,000 square foot footprint for a two-story house and will meet all required yard and setback requirements. Lot 57 was configured taking the county line into consideration. Mr. Sprague asked if expanding the 1.7 acre park was considered. Mr. Hale said the acreage could be added along the creek. He thought is would be good for the neighborhood as proposed. 93-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 9 Fred Hahn said four or five acres is the average size of a neighborhood park. He said the park across from Asherton is the smallest neighborhood park in Dublin and is one or two acres. Mr. Sprague asked if the bikepath proposed was five feet wide and of blacktop. Mr. Hale said they wanted to do five-foot wide sidewalks, and staff requests eight-foot concrete bikepaths. Mr. Hale said they did not agree to Conditions 1 and 2, and they think a sidewalk is better in Condition 3 and 4. He believes Condition 5 is done. They agree with the remaining conditions. Mr. Eastep understood the applicant's and staff s concerns on the bikepaths. He proposed a compromise of a six-foot sidewalk, but in lieu of controlled tool joints, he suggested saw-cut joints ,,.,~ for smoother riding and roller blading. Mr. Hale agreed to this. Randy Bowman said Dublin's established standazds require afour- or five-foot sidewalks and eight- or ten-foot bikepaths. He said it was not standazd practice to saw cut them. He said the standazds aze:not codified. Mr. Eastep suggested staggered setbacks (25, 30 and 35 feet) for interest. Ms. Menery agreed. Mr. Eastep was concerned with the half-acre retention pond. Ms. Menery said Shannon Glen's storm sewer outlet is located there,- and it was necessary. Mr. Pastep preferred .relocating it. A half-acre retention pond is a maintenance problem and unattractive. He asked if the two half-acre ponds could be combined. Mr. Hale agreed, if engineering permits it. Mr. Eastep asked about consideration of no-build zones on the interior lots. Mr. Hale agreed to put 25-foot no-build zones on all those lots. Mr. Eastep preferred the box setbacks on the cul de sacs. Mr. Hale said it did not matter, either would work. Mr. Eastep would like to see every pond aerated. Mr. Hale agreed. He said the average home on a 90-foot lot would cost in excess of $250,000. Mr. Eastep asked if boulevazding had been considered along the western open space area and the retention ponds to the cul de sac intersection. Mr. Hale said it had been considered, but it was felt to be redundant to boulevard it. Mr. Eastep was concerned that part of Lot 7 was in the 100- year floodplain. He suggested making Lot 8 a perfect rectangle- and shifting Lot 7 street frontage over to provide more buildable space for a premium lot. Mr. Hale agreed to do so. Mr. Eastep said Lot 57 would have no space for a deck or screened porch. He expected variance requests would be made if Lots 57 and 63 were not reconfigured. Mr. Hale said he will fix this. Mr. Eastep asked if only split rail fences would be permitted. Mr. Hale said yes. Mr. McCash asked about the 10-foot pedestrian easement to the school on Lots 80 and 81. Randy Bowman said 15 feet has been the City's standazd width. Mr. McCash said changes were made to increase the side yard setbacks along the bikepath. Ms. Menery said it will bean 8-foot setback. Mr. McCash thought it should be wider, or there should be restrictions on the houses abutting the bikepath. He preferred removing a lot for this connection. 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 10 Ms. Menery asked if 80 feet were being requested. Mr. McCash said 60 feet would be adequate to provide a wider setback with the bikepath in the middle, perhaps a 40-foot strip (not an easement) would be adequate. Mr. Sprague said that would leave 56 feet between the houses. Ms. Menery said the design was too tight to give up 40 feet. Mr. Hale said they would provide the 40 feet to the high school and will try to reconfigure the lots without losing any. Mr. McCash said Hamson Smith's concept plan was for a lower density, and he read from the .,~ 1994 minutes: "Mr. Smith said that the value was enhanced by using a golf course as a primary value adjacent to more of the houses which results from spreading the houses out of the entire „ area. " Mr. McCash said the golf course added value to the site at a density of 1.64 du/ac. He did not understand why the concept changed and was no longer economically viable. Mr. Hale said when tested, they could not do it. Mr. McCash thought the Council minutes indicate that the site would not have annexed without the concept of a golf .course- community. > Mr. Hale said the density was fixed at 1.85 du/ac. Mr. Fishman asked that Lot 94 be eliminated. Because of the cul de sac, school children will cut through there also. Mr. Hale said a path and a street were provided. Ms. Menery said they will try to reconfigure the site without eliminating Lot 80. Mr. McCash asked about architectural standards and natural materials in the deed restrictions. Mr. Hale said they are willing to have masonry (stone or brick) chimneys on all houses and all natural materials to the east of the creek. Brick chimneys and post lights will be used in the other section. Mr. Eastep preferred masonry chimneys and natural materials throughout the development. Mr. Hale could not commit to all natural materials, but could commit to brick plinths, chimneys, and .sidewalks to the street. Mr. Eastep aslaed if all elevations had vinyl siding. Linda Menery said there will be vinyl siding, but brick will be used on the plinth and chimney. Mr. F.astep said Hardi-plank is preferred for its durability, and shrubbery will block the view of the plinths from the road in a few years. He liked this development except for the use of vinyl or aluminum building materials. When asked if there will be several builders, Mr. Hale said there would be different product lines of one company. Mr. Harian said repetition in house design should be avoided. Mr. Harian suggested eliminating the stub roads into the Riviera property and thought that property should develop less densely. Mr. Hale said the stubs were included as requested by staff, and they would be happy to remove them. Ms. Clarke said connecting neighborhoods eliminates some trips from the arterial road system. The Community Plan emphasizes the need for connections of all types among neighborhoods. Staff believes the Riviera site might develop in the future, and the road stubs will be important. 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 11 Mr. McCash suggested using a hammerhead or something more aesthetic than a guardrail at the end of the street. He noted it may be a long time until the Riviera site would be redeveloped. Ms. Clarke said a hammerhead gives the impression of a permanent cul de sac, and opposition when the road is to be extended would be expected. She said Dublin's history has many examples of resident opposition to extending streets, and a hammerhead sends the wrong message about the future. Mr. Sprague noted that signage.was required to put the neighbors on notice of future street extensions. Randy Bowman said at the Commission's request, signs have been installed numerous times to remind the people of a future road extension. Mr. Hale- said they could construct a hammerhead with a sign saying "Street may be extended". Mr. Fishman said for years, developers have promised that developments near Avery Road and Brand Road would get better and be of lower density. --He said.Harrison.Smith promised more natural .materials and less dense housing would be used near Muirfield~ Village. Several needed traffic improvements are not in place, and this is not a> good -time to add' traffic to the Avery Road corridor. Any new rezoning should really be exceptional. Mr. Hale said the property owner had the right to a rezoning. This is a really good plan. It has boulevards and exceeds the park requirements. Mr. Fishman said the Commission must consider the welfare of the community, and this plan may be good five years from now. He said Council annexed the land with the assumption of a golf course and an above average development. This is an area for a more desirable rezoning proposal. Mr. Hale said the adjacent development has no special standards. Mr. Fishman said materials should be natural. Lots 6, 5, and 4 should be eliminated to increase the park vista. The plan appears to be a sea of houses, and it was supposed to be special. He appreciated the open space of the plan. However, 184 new houses will add many cars to Avery Road and Muirfield Drive. He suggested a lower density. Mr. Hale said neither bordering development required natural materials. He said they would use dimensional shingles. Mr. Fishman said he could not in good conscience, he could- not support it Mr. Hale said he would eliminate Lots 5 and 6 to match up with the southern open space. Mr. Eastep said the center section, Lots 22-29, have no amenities. Mr. Hermann said the next subdivision is Shannon Glen, and there will be future lots abutting Lots 5 and 6. Shannon Glen has unresolved floodplain issues and needs a FEMA 'letter of map revision.' Mr Fishman asked if Olivia Court would be extended. Mr. Hermann said yes. Mr. Fishman said this area is appropriate for a less dense subdivision with all natural materials. He suggested adding park land and eliminating some lots. Traffic was a bad problem. 98-0602 Belvedere r- Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 12 Mr. Sprague said this is the rezoning stage, and the Commission should include any desired restrictions now. They .should be put into the text. No-build zones, fence restrictions, tree preservation, setbacks, and diversity provisions should be included. Mr. Hale said he would rewrite the text and bring it back for Commission approval. Mr. Eastep said several items were already agreed upon: building setbacks, staggered setbacks, no-build zones, fences, and a tree preservation plan. Mr. Harian said vinyl siding has five different grades. He wanted only the higher grade used which was defined by the PVC thickness and texture of the product. Mr. Hale committed to the best grade of vinyl. Mr. Eastep asked that the Hazdi-plank be considered. Ms. Clarke said the staff prefers Hazdi--plank over vinyl siding. Mr. Hale said they would-consider it. Mr. Eastep asl~ed if there was any possibility of using 90-foot lots throughout-the development and using natural materials. He estimated that only ten;percent=of the~~ots::would-be~aost. He thought the plan should be nicer in this area. There is a density problem. Mr. Hale could not commit to their requests tonight. However, they could eliminate a few lots by doing 80- and 85-foot lots with some 90-foot lots, keeping the basic pattern. Mr. Eastep said lot width determined the kind of house that can be built, including side-load garages. Natural materials also make a difference. This property should have more amenities. Mr. Fishman said five-feet would make. a difference in the turn for aside-loading garage. Mr. Fishman said he received many calls. People do .not want more traffic on Avery Road. He wanted the 1.7 acre neighborhood pazk enlazged. He liked the brick plinths, walks, etc. Mr. Eastep said when the landscape matures, the brick plinths aze not visible. Money would be better spent on all-cedar siding than on plinths and dimensional shingles. He preferred Hazdi- "'' plank. He said some. mock dimensional shingles look good. He would rather see natural materials, a standard, three-tab shingle, and a standazd~ masonry foundation,that is landscaped. Mr. Lecklider would like to see all natural materials throughout this development and could support a compromise requiring at least a natural front elevation. He did not want any vinyl fronts. He liked the stone or brick chimneys. He would rather sacrifice the brick plinths in favor of a natural house front and lazger lots. He did not like vinyl or even Hazdi-plank on the front. Mr. Fishman said this development should be a "blockbuster". He thought money would be wasted on brick foundations. He preferred natural materials, brick walks, and less density. Ms. Clazlae asked about the bikepath discussed by Mr. Eastep. She said Engineering did not like the suggested design, and the staff still preferred aneight-foot concrete bikepath along the street. Ms. Clarke said eight feet is the minimum width for two bikers to pass safely in opposite directions. It is the minimum standard used on all of Dublin's paths. Ms. Menery questioned the 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -December 3, 1998 Page 13 safety of a bikepath across so many driveway cuts. Ms. Clarke said this subdivision adds about 200 houses, but it contributes only a little to the bikepath system. She said this subdivision bridges the creek, and that is a good reason for the diagonal bikepath. The high school is an attraction for all ages of children. The after dinner bike ride is a big family event in Dublin. Mr. McCash suggesting using asix-foot bikepath. He thought that was feasible in some locations, especially parallel to a street. He did not want a reduced setback due to a bikepath. The original setback should be implemented. Combining a bikepath and a 25-foot setback looks terrible. Mr. Fishman said the bikepath requested through the subdivision was absolutely needed. Mr. Hale said if the bikepath is required, it will be done. Mr. McCash made the motion to table this application, and Mr.-.Fishmanrseconded.: The vote was as follows: Mr. Fastep, Yes; Mr. Harlan, yes; Mr..Sprague, yes; Mr. Fishman, yes; Mr. I.ecklider, yes; and Mr. McCash, yes. (Tabled 6-0.) 98-0602 Belvedere w~. ~- RECORD OF ACTION DUBLIN PLANNING AND ZONING CONIlVIISSION APRIL 8, 1993 The Planning an~ Zoning Commission took the following action in the application below at its regulaz meeting. 3. Concept Plan -Erwin West Location: 99.6 acres, located on the north side of Brand Road and west side of Avery Road. Existing Zoning: R 1, Restricted Suburban Residential District. Request: Approval of the Concept Plan under PUD, Planned Unit District regulations of Section 1181.07. Proposed Use: 92 single-family, 72 multi-family units, and an 18-hole, par 3 golf course. Applicant: Shawnee Hills Land Company, c/o Ben Hale, Smith and Hale, 37 W. Broad Street, Suite. 725, Columbus, OH 43215-4199. MOTION: To approve this Concept Plan with the following six conditions: 1) That the developer demonstrate that the golf course can function without any detriment to the residential azea proposed or to any adjacent property; 2) That all flood hazard areas be accurately shown on all plat, planning, building permit, an~ engineering documents; 3) That the road system be reworked to allow for future development of surrounding properties anc comply with the Community Plan as to right-of-way; 4) That pazk and golf course be approved by the Pazks Director and the Parks and Recreation Committee as an appropriate development; 5) That all utilities and street intersections be designed and installed as approved by the Cit• Engineer; 6) That the area within Union County be annexed to the City of Dublin and that the issues of multi jurisdictional development be addressed at the outset. vOTE: 6-0 RESULT: This Concept Plan was approved. STAFF CERTIFICATION: ~~-6 Mary we Graduate I 98-0602 Belvedere I'lannin~ and Gontn~ l:ommiss~on Muting Minutcs -April 8, 1993 Page 10 Warren Fishman was conccrned~ut~he density being too high. /' George Peplow wis ed~tfiat the natural characteristics of the area be ke '~ind. Jim Iv .anti"s ommended Mr. Driscoll for working with the ' ents of Donegal Cliffs because ~s and important part of the process. He felt th ncept Plan matched the intent of the Community Plan very well. Mr. Geese made a motion to ap the Concept Plan with consideration comments a in the discussion tonight as w the eight conditions in the Staff Report. 1) That s 'on entry points, sight distances, street deli d grading are revised to . the City of Dublin standards and to be approv y the City Engineer; 2 That the street and lot layout are modified e-Ythe-~nature~trees on -the eastern portion of the site and that a tree p tion plan .is submitted; - . 3) That public access is provided e-Scioto River-and that~park-areas are acceptabl the Parks Director and ks and Recreation Committee; 4) That stormwater ement plan is submitted for review by the Ci eer including . _ . _ . justificatio r stormwater detention waiver requests, if ; 5) Th ~ ~` ~ tential conflicts with lot layout and sari er easements be resolved to e sate: ~~ 'on of the City Engineer; That the Dublin Road bikepath to be ex ed to north property line of the development; 7) That the old dry laid stone fen 'preserved and protected by development text; 8) That,~l~environmental ' ct potential of sanitary sewer lift stations is dem fed to lie nlininuzed to satisfaction of the City. Janet Jor fated that the Columbus Division of Water says the strip of land between the w d the river is not owned by them. The county eyors reported that the property lin is at the high water line of the Scioto River. Ms. Stillwell seconded the motio a vote was as follows: Mr. Fish ,yes; Mr. Geese, yes, Mr. Manus, yes; Mr. ow, yes; Mrs. Stillwell, yes; Mr. Su n, yes. (Approved 6-0.) 3. Concept Plan -Erwin West Mary Newcomb presented the Staff Report and slides of the area. This is a Concept Plan under the PUD regulations for 92 single-family lots, 72 multi-family units and an 18-hole, par-3 golf course, and clubhouse. It will be located on 99.6 acres that wraps around the north the northwest corner of Brand and Avery Roads. The site is bisected by the Franklin County/Union County line. Out of the 99.6 acres, X20 acres is located in Union County and has not yet been annexed to Dublin. This will cause some amount of confusion and administrative difficulty in the long run, and specific coordination between the jurisdictions is needed. The entire site can be serviced by Dublin water and sanitary facilities. 98-0602 Belvedere ...........r .... -... ~y .. ,. ----- Mpoting Minutes - Aprit 8, 1993 Pagc 11 The portion of the site within Dublin is zoned R-1, Restricted Suburban Residential District. The portion within Union County is zoned UI, Agricultural which allows for farming and residential uses on a minimum lot size of 40,000 square feet. To the north of the site is the Riviera Golf Club, to the east across Avery Road are several estate-type lots and undeveloped land, and to the south across Brand Road is agricultural land, all of which is zoned R-1, Restricted Suburban Residential in Dublin. To the west is agricultural 18nd. The.L-shaped site has aecxss on Brand and Avery Roads. It wraps around an ,f80 acre •~ a~~r~cmltural parxl containing a farmhouse and outbuildings. The sits is flat and open. It is bisected by a tributary of the North Fork of the Indian Run. There is a band of vegetation along both banks. Feaee rows are located around the perimeter of the site. The parldar-d dedication requirement for this project is 11.01 acres. The applicant is Proposing to provide x,53.7 aa+es of open space as a public golf course whichwraps.amund the entire site. 'This proposal has act yet been reviewed by the'~'arks andRecxeatioa Committee...A clubhouse for the golf course and parldag area are proposed-along Avery Road. It will need to be planned with sensitivity to the resdential Character of this area. The single-family lots are 80 feet by 130 feet. The gross density is .1.64 dwelling units per sore which conforms to the Community Plan maximum of 2.0 acres per acre. The 6-acre multi- family area has a density of 12 dwelling units per .acre and is internal to the site. Additional description of the multi=family units will ~be required at later stages, but a mix of housing types is a positive characteristic. ' The golf course appears to be eartremely narrow and close to proposed housing. It will have to be demonstrated that the golf course design will not be a hazard to residents and property. Sanitary sewer service is arnently unavailable to the site. Sanitary sewer service must be provided from an extension of an existing 24-inch sani~ry trwik located on the north side of Dublinshire Drive approximately 500 feet east 'of Muirfield Drive. Stormwater management should be provided according to City of Dublin standards. Several wet ponds are shows within the golf course. Ploodplain-and-floodway-boundaries should also be shown on the plan. - The necessity for left turn lanes on all legs of the intersections into the site with Brand and Avery Roads will have to be addressed. The Community Plan indices Brand Road as requiring an 80-foot right-of-way, and Avery Road is being planned with a 60-foot right-of-way. These - widths should be incorporated in the plan. Staff supports the Concept Plan in general. It promotes a mix of housing types, has a low density, has a large amount of open space and an attractive perimeter. Staff is concerned that adequate attention has yet to be given to the implications for the surromiding future development and to the multi jurisdictional issues. Streets will need to be stubbed into surrounding properties. Additionally, the golf course as planned gives the appearance of being so narrow as to be unworkable, the appropriateness of the design will nand to ba demonstrated. 98-060Z Belvedere i'LMlllllll~ MIIU WWU~ VVW~~~v...vu Mooting Minutos -April 8, 1993 Pago 12 Staff is rocommending approval of the Concept Plan with the following six conditions to be addressed with the Preliminary Development Plan: 1) That the developer demonstrate that the golf course can function without any detriment to the residential area proposed or to any adjacent property; 2) That all flood hazard areas be ao~urately shown on all plat, planning, building permit, and engineering documents; 3) That the road system be reurorlood to allow for future development of surrounding ,,, Properties and comply with the Community Plan as to right-of-way; 4) That park and golf course be approved by the Parks Director and the Parks and Recreaflon Committee as an appropriate development; `r S7 That all utilities and street intersections be designod and installed as approved -by the City .Engineer; ~ That the area within Union County be -annexed to the City .of Dublin and that the issues of a multi jurisdictional development be addressed at the outset. A letter was distributed to the Commission from Said Hansel addressing her concerns of buffering, drainage and sewers and possthle damage to her well. Ben Hale, Jr., 37 West Broad Stream, attorney for the applicant, said that the only disagreement with the Staff Report was the question of whether streets should be tied into adjacent properties. He said that an annexation petition is~going to be filed next week which will annex the 20 sates of Union County. While the annexation is going forward, comments gathered at this meeting will be refined and they the zoning application will be procxssed. He realized where the sewer was and that it had to be extended up to the site. His engineer is working oa that. It serves a number`of properties ia~the area,- inducting other properties owned by this same property owner,.. . . and they know it has to be extended. There is a golf course at the north end. He doesn't feel the streets need to be intua+oonnected. The plan is to have almost every lot in the development with frontage. The longest hole of the golf course is to be about 180 yards. w. Jun Houk, Land Planner for Bird sad Houk, presented .the plan:.: He said .the clubhouse and parking area is located along Avery Road. The course fias-been•wor-k~ed-around the perimeter ,,,~ • with a street winding through the center creating-all-golfcourse lots-with the-exception of 121ots located in the center of the loop. The multi-family area of six- acres is located in the center surrounded again on throe sides by golf course. The golf course area is 54 acres. The multi- family would be six units per acre. The wooded stream has been integrated within the golf course using trees and ponds. Their engineers are working on the floodplain. Their intention is to preserve all the trees and do no filling of floodplain. Mr. Houk felt concern regarding extending streets to the property line. Along the northern edge is the Riviera Golf Course where there -will be no development. He felt there is no potential for development in the near future to the west. There are 100-150 foot` clear ball landing zones on the course. As the plan is fine tunod, some of the holes may have to be shortened so that they all suffidently work. Mr. Houk atatod that they will do street trots along the whole internal roadway as well as landscape the two entries with not trop much landscaping along the exterior atroets to maximize the views of the course. He agrood the clubhouse should be desi~nod to fit in with the residential area. 98-0602 Belvedere ~; ~ aaaaaaua~ wuw. a.v.....~ vv -••-_ Mooting Mlnutos - April 8. 1993 Page 13 Mr. Hale said the clubhouse area is ,t1.5 acres at which there will not be banquets. It is basically to service the golf course. He felt the golf course was needed as an amenity in Dublin. Mrs. Newcomb stated that the Dublin utility contract area extends west to Hyland-Croy Road. Mr. Niikoe Swartzland, of 8053 Holyrood Court North, stated that he favored a public golf course close by. He aslaod that the elementary school and new middle school be kept in mind if there is to be liquor at the clubhouse. Mrs. Catherin Headloe, 7340 Brand Road, pointed out that at Avery Road to the east, (part of ~„ Mauster) the water course was ganged about three years ago when a hole was dug. Instead of the water coming across Avery Road now, at approaimattly where the club house parking is planned, -there is a big culvert cad ditch that leads to another. There is a lot of water that Domes from this area and down a~aoss Avery Road. The county lineis.the:L~ghest.point in.Fratild{n County so the water all Domes down. Water coming -out of Memorial Drive cad the part of . .. Muirfield that comes ~ across Avery Road to the aditch: ~ ~~This . parti+ctilar _ dttch drains - Rivuxa _ Country Club cad Jerome Towaahip to McICitrick Road. The ditch looks tiny,~but carries. moor flows. Ix also leads into the North Fork of Indian Run which leads to her property. She has had flooding- cad blasting problems and is very concerned. She also pointed out that the sewer line . will pass through a couple major springs. Mr. John Bevilacqua, representing the President of Riviera Country Club, expressed concern about drainage and irrigation. They felt that this development could not function without detriment to Riviera. He felt that s~weral of then holes on each course would interfere with one another. The public golf course appeared to him to be nazrowly designed and he urged review of the plan of the golf course regarding potential hazards to the participants on the adjacent fairways. This development arould increase the traffic flow on the weekaeads. He urged the Commission to investigate the potential traffic problems. Mr. Neal Hahn, 5701 Brand Road, stated that he lived in a home that still used well water and he was concerned about the annount of water pumped~to water the golf course. He oongrahilated the developer for mentioning that the floodplain would not be filled in for .the project. The developer should follow the U.S. BPA Silt Control Guidelines. Mr. Sutphen felt that there would not be a big traffic impact from .the golf course. Mrs. Stillwell asked what type of multi-family was planned and was concerned about the density. She agreed that the floodplain should not be filled and that further study should be required. Mrs. Stillwell aslaod if a tunnel was planned under the road or if it was a path road to cross over from Holes #8 to #9. Mr. Hale stated that those were just path cross-overs. He said ho could show some studies regarding the kind of traffic there would be on that road. Mr. Geese asked where the sewer is for this project and the effect on the Hansel property. Would there be sewage brought up akong Avery Road or will it be brought through some other portion? Randy Bowman stated that the Community Plan currently shows the 24-inch sanitary 98-0602 Belvedere 1"Llltl[Ltl~ uuu vuuau~ ~..uaauaaaa~aua^ Mating Minutes -April 8, 1993 Page 14 system running up along Muirfield Drive from where it is currently terminated at DublinshirelMuirfield, and then continuing up along Muirfield Drive and then west along Brand Road. Mr. Gleese felt there should be provisions for Mrs. Hansel and Riviera Country Club to tap into a permanent sewer should be made. In the summer there is an odor problem which should be addressed. Mr. Hale said they have been looking at some master sanitary plans and obviously they have to bring it to the club house and there are other pieces not developed. It was his understanding that '~ what they would be required to dexlgn for the tributary area, and if they are at the tributary area, which he thinks they are, -the developer has size and plan for them. He will be working out "' some type of pay-bank agreement with the City, because there are other people to be serviced.. by that. They know -they have to build a sewer, ~ not just a sewer~#or~his,:.but toservice the entire trthutary area, and if that inedudes the golf~course;=obviously;zthat-will-6e done to extent that they Head to give easements or whatever-to .them -they= will-do.~that:;. ,_Mr. Hale stated that they knew that was their duty. Mr. Fishman liloed the concept. He was eoncmned about parking for the clubhouse. He liked the 80 foot minimum for lots: ~ He ashaed if there would be some architectural review for the houses. Mr. Hale said they would have internal architectural review They have checked with otherpar- 3 courses to see what their eacperieace was regarding parking. The size and design of the lot will be based on both the Code and the e~cperiences of other golf courses in town. :Mr: Peplow-asked if water hazards-would be used. as retention force run-off for-the houses and the streets. Mr. Houk said it would be studied. Mr. Manus agreed with the other Commission members that this was a nice plan and appropriate for the area, but he wanted to know what type of multi-family will end up being built. A Mr. Hale accepted all the conditions, with a questioaabout:Condition-#1,-:and whether not to have interconnecting streets. - Mr. Sutphen moved that this Concept Plan be approved with the svc conditions as set forth in the Staff Report. Ms. Stillwell seconded the motion. Conditions: 1) ~ That the developer demonstrate that the golf course can function without .any detriment to the residential area proposed or to any adjacent property; 2) That all flood hazard areas be accurately shown on all plat, planning, building permit, and engineering documents; 3) That the road system be reworked to allow for future development of surrounding properties and comply with the Community Plan as to right-of--way; 4) That park and golf course be approved by the Parks Diroctor and the Parks and Recreation Committee as an appropriate development; 98-0602 Belvedere __ ~_ .LL .___ _ .~~ ~ .~a _ I'lannln$ and Zoning LommLsslon .Meeting Minutes -April 8, 1993 Page 15 5) That all utilities and street intersections be designed and installed as approved by the City Engineer; 6) That the area within Union County be annexed to the City of Dublin and that the issues of a multi jurisdictional development be addressed at the outset. The vote was as follows: Mr. Fishman, yes; Mr. Geese, yes; Mr. Manus, yes; Mr. Peplow, yes; Mrs. Stillwell, yes; and Mr. Sutphen, yes. (Approved 6-0.) ~... 4. Concept Plan - er North .~ This Concept P lication was tabled un ' neat month's meeting at th uest of the applicant's atto y Ben Bale. There was n presentation. or discussion. expansion under a Conditional Use p ' ' ns and-the Corridor Review T . The.AMC. _ theatre is 1 on Village Pazkway in lin Village Center. The expans' is planned for the south end of the theater. An ditional pazking area is propo the north of the they The theatre was one of first buildings in the 130 acre ' ed use complex. The Theater received app is June of 1990 to expand 10 to 14 screens. An 'tional 10,774 square t was added and 4,910 square of vacant retail space was converted to add an 'oval 1,008 new seats. The 250 ce overflow pazking lot adjace~ 5/ CU93-001/CDD93-0Ol Conditional Use/Corrfldor velopment District - Dublin Village -AMC Expansion Mr. Jones presented des and the staff report. a AMC Theater is under consid 'on for to the Chazles P e building was added at that time Conditional are subject to the approval of a Planning and Zoning Ca "~' they ten have a greater impact on surro ding areas. The code requires "'~`" and surrounding area are zoned , Community.~ommercial~=Dis ' t.=~urroundmg include other parts of Dublin Vill a Center,- the~~Dublin~Chevrolet/G -+d and a ten acre farm tracts ' zoned R-1, Restricted Suburban esidenti and all surrounding devel ment is within the CDD, Corridor evelopment subject to review for mpliance with the Corridor Revi text. hol ,public hearing on the compatibili f the~proposed'use: and :voteaari . At the previo Baring there was considerable di 'on r+egazding traffic circ 'on and the safety of estrians crossing Village Parkway. a applicant provided traffics y at that time. = ..._ . con ' ' g recommendations including one- ay drives in front of the then , a drop-off area, p e of tickets, staggering starting es of shows, traffic signals, s ' hting, additional dewalks, and informational signs Most of those items have implemented. This proposal adds 676 new seats to theater and requires 226 new ' g spaces (one space three new theater seats). A w parking lot of 246 parking is proposed to rep the previous detention pond the corner of Tuller Road an illage Parkwav. A s water detention waiver was proved by City Council last y in con improvements. A versized storm sewer was ins with then 98-0602 Belvedere imis ' n because Commission thirty days. The uses ealership, zoned PCD, al District. The site District overlay RECORD OF PROCEEDINGS Minutes of Dublin Clty Council Meoting Papa ti Mee Hel Juno 7, 1993 19 yes; Mr. Sutphen, yes; Mr. Campbell, ye~. Amorose, yes. Ordinance No. 53-93 - An Ordl ce Providing for the issuance and Sale of No n Anticipation of the Issuance ands For the Purpose of Acquiring a Itulldin d Related Site far Use as Municipal O a, and Dt~rlaring an Emergency. (First Reud Mrs. King introduc a ordinance. Mr. Strip mov o waive the three-time reading rule and treat emergency legislation. Mr. Amor seconded the motion. Vote a motion - Mr. Sutphen, yes; Mr. Kranstuber, ;Mrs. King, yes: Mayor Rozanski, y r. Campbell, yes; Mr. Strip, yes; Mr. Amorose es. ote on the ordinance - Mr. Kranstuber, yes; M utphen, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanskl, yes; Mr morose. yes. Other Mr. Strip, Finance Co tee Chairman, reported~fltar recommendations: has•the following . I. For the rills Foundation Mini Grand Prix and Classic to Show. the Co ttee recommends an award of 56,SOO,~an i ova last year's SS,000 award. 2. a Wrestling Club has requested. to modify a ition of their recommended award of 52,500. The Committee recommends hot this recommendation for two weeks for resolution of this matter. In a separate matter, Mr. Strip report at the Dublin Counseling Center is requesting a recommendation from the Committee City funding in the same amount as last year •528, The Center is projecting a defici 534,000 this year based on allocation of the same ,000. They wilt offset the deficit fundraising. The Center has requested Council's r 'was soon as possible. Mr. Strip suggest nding of 530,000 for the Dublin Counseling Center Mr. Sutphen ed to appropriate 5301100 to the Dublin Course Center from City funds. Mr. er seconded the nation. Mrs. g proposed that the Counseling Center funding rpocated into the normal budgeti ess, allowing it to be prioritized with all other r ests. This will also help the applic ith their budgeting process. She believes there sho a some criteria for the increase in tng. i.e. based on the growth in population of the . Mr. Strip added that the Counsetin pier does rnunsel clients beyond the Cate boundaries of Dublin. similar to what D. .does. Vote on the motion - Mr rose, yes; Mr. Kranstuber, yes; Mrs. g, yes; Mr. Campbell, yes; Mr. Strip, yes; Ma ozanski, yes; Mr. Sutphen, .yes. Mcs. King mo to accept the Finance Committee taco endation. of.a_Sti,500_award: to the Arthritis undatIon from bed tax funds. Mr anstuber seconded the motion. ote on the motion - Mr. Strip, yes; Mr. K tuber, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes; ampbell, yes. ~~~~pt Plan -Erwin West Ms. Clarke showed aerial slides of the site. it is a rnncept plan for almost 100 acres, and the developer proposes a combination of 92 single-family homes, 72 multi-family units and an 18-hole, par-3 golf course and clubhouse. The property is currently zoned R-i. The concept stage is the first stage of review of the Planned Unit Development process. The review is the city's attempt to let a developer know if the land uses are appropriate, and if there are things he should incorporate in later plans. Approval of a concept plan is not binding on the city or the developer. but it is the city's way of authorizing the developer to proceed with filing a formal rezoning application or preliminary development plan. This site fs laid out with the single-family homes at the center and the golf course wrapping It on the exterior sides. There Is a loop road and cut-de-sac within It, and the multi-family site Is contained totally interbr to the sits. Twenty-six acres h still unannexed territory in Union County, but Is part of the area contained In Dublin': exclusive growth aroa under the new water and sewer contracts with Columbus. The golf coupe will be public. and the proposal Is to provide this In Ilea of dedication of park space to the municipality. There Is a major Ilaod plain that runs through the site and fill will appear to ~ he rryuirrd within that arts. N a~ 0 ao ~ ~ C~ RECORD OF PROCEEDINGS Uuhlln Clty Council Meeting I'agu 9 Minutes of McMlnl~ June 7, 1991 Ilald..... --~-- ----._-----~--------------- ~-----------------------~-10---- Staff and Planning Commission recommend approval with the following conditions: I. That the developer demcrostrate that the golf course can function without any detriment to the residential area proposal or to any adjacent properly; 2. That all Ilotxl hazard arras he accurately shown on all plat, planning, building permit, and engineering documents; 3. That the road system he rewurkal to allow I~r future development of surcuunding properties and comply with the Community Plan as to right-of--way; 4. That the park and golf course by approval by the Parks Director and the Parks and Recreation Committee as an appropriate development; 5. That all utilities and street intersections he designed and installer! as approval by the City Engincer; 6. That the area within Union County he annexed to the City of Dublin and that the issues of a multi jurisdictional development be addressal at the outset. Staff believes that the overall density at 1:64 units per acre complies withahe city's.plans:for the area. Ben Hale. lr.. 37 W. Aroad Streer, stated that he is ~representingthe applicant;~Acoompanying him tonight is Jim Houk, Bird and Houk. The portion ofthe site io Unbn County is the suhjectof the :crvites tresolution passed by Council earlier tonight in anticiperbn of the Union County annexation hewing in a couple of wceks. He noted that adjustments will be made to the lots so that they ue either in one county or the other. and this will be done. He noted that there is a great demand for golf in Dublin, as evidettctd by the number of rounds played at the local country clubs. This type of facility would be used by the people in Dublin and would be very positive for the community. He addal that the concept will change somewhat when the preliminary development plan Domes to Council. with less units than shown here. He plans to file this in a PUD or planned low density residential. He noted that the developer will not be able to comply with the staff recommendation to rework the road system to service other properties; he believes the other properties have plenty of access to other roads. Jim Houk. Bird & Houk. 400 Metro Place North, stated that their objective was. to get as many lots as possible with golf course frontage. The minimum width is 80 feet. and the minimum depth of '. 130 with many deeper than that. There will he 91 single family lots and 72 multi-family homes. They are currently talking to golf course architects to work out the derails. Mr. Kranstuber expressed concern with the potential of ercant golf shots in consideration of the proximity of the housing. Mr. Houk responded that the golf architect will he looking at this. Mr. Strip commented that he has problems with the concept of afor-profit-public golf.course being _. substituted as parkland dedication. This land will-.notbe•used by the community; it•will:hea for- profit course. Mr. Hale responded that for many families with children;who.do not~have:access. o_-countryslub _. courses, this will he a tremendous assn. Basic studies-have shown that this course will be heavily used by people in Dublin. If, in addition to the golf course, an open space dedication would be required. the proposal would make no economic sense. He believes most people who go to parks are looking for more than just pure open space. Many of Dt-hlin's parkland dalication areas are not utilized by the citizens. This golf course area would be highly utilized for recreation by Dublin's residents. Mrs. King asked if the golf rnurse failed as a business, would the land then he owned by the city. Mr. Hale responclerl that in that case, the city would get the amount of open space required by the ordinance. Mrs. King stated that she must be convinced that they need to have the golf course meet the green apace requirement versus providing a cash contrihutlon for the green space requirement somewhere else. Mr. Campbell commented that he believes theca is a tremendoux and growing need for public golf txtunes in view of the aging population. HC beIlCVes tlpen space iS Open S1faCC -grass. The pukland detlicatlon requirements wcxdd he only r tenth of what is being uxal as open space in the form of a golf rnurse. He does have concerns that the: averse will fit on the situ. He also has ~~,, concerns with the density of the multi-family area and wtx-Id like the dearily to he ralucal. He I-as C .b concerns with Isolating the:ite to the northeast along Avery Rtutd. He suggestal that the devek-per o ~ talk to the parcel owners to explore expatuting the develcK--nrnt she tx eliminating a lattdhtckal site ^~ a~ which will n<u lit into anything and will end up as ;m isla-xl. Ile d~wK Ixlirve this gulf ctutrse anwld O~ G4 RECORD OF PROCEEDINGS I~uUlln Clty Council Meciing I'ugu 10 Mccllnl; Minul~•s ~~( Ileld June 7, 1993 ----~ ----------------------------- -Ifl--- ~, be a public amenity which the city wuuW not hirve w pay fi>r. Mr. Sutphen stated that he believes it is a gtxxl idea to have a puhlle golf course. Dut he has concerns shout the developer meeting the flotxl plain regulations. He has pictures which show the center area of the proposed development area IloyJed and swamp-like. Antriher problem is the entrance off of Avery Road where there aro very llad ditches. There will be a need for widening the road and Installing turn lanes for access. Mr. Hale needs to work with the Brand Road homeowners' association in regard to the flood plain. Mr. Sutphen was adamant that no flood plain fill will be allowed for this development. Mr. Amoroso stated that it will take a talented designer to install a golf course on 53.7 acres and i make it a worthwhile course. He. too, has concerns with stormwater and drainage. He would like ~~ to see the green space more visible to those who pass by and moro accessible visually from the :~• neighborhood. He would like to see the alignment of Avery-itoad addressed.~MCith=this:upplication '; He would also like to see the developer work with the adjoining Prapdty~owners;~s:auggested by ,i other Council members. '! Ms. Clarke noted that the density would be 3.5 units per acre if the opemspacerequirements are :i deducted from the golf course. The roquired open space for this plan, as submitted, would be 11 acres. Mr. Kranstuber asked about what will happen if the golf course fails. Discussion followed. Mr. Smith proposed that the developer could give the city the golf course and the city could lease it back to him at a 99-year lease for S1. One of the terms would be that the developer would keep it operating as a golf course or he would lose the lease. Mr. Hale responded that he would have to discuss this with his client. Mr. Strip stated that this would still not satisfy his concerns. Mayor Rozanski commented that he likes the plan conceptually. He wonders if Council can legally waive the open space or park dedication, giving it to afor-profit corporation. His sernnd rnncern relates to the layout of the course where it will cross the road at three points. Will there be separation grade crossings? Mr. Hale responded that there will not be, but he can satisfy these concerns with examples of other courses where this has worked, i.e. in New Albany. He'added that at-grade crossings are very expensive. Mayor Rozanski noted that if the developer plans to do crossings like this, he will have.tohave them in wide open spaces where there~is plenty of visibility and~not~~infietween:hottses.~as<shown:inthe. current plan. Mrs. King expressed concern about the height of the proposed multi-family units. They would not be in keeping with the rest of the totally residential area which surrounds this. The height at Britton Woods is appropriate close to the freeway, but not at this location. She shares rnncerns about the need for left turn lanes. Ms. Clarke stated that this will be addressed at the time of preliminary plat. Mrs. King asked if the green space ordinance followed or preceded the acceptance of the two Muirfield golf courses. Mr. Amoroso stated -hat the MuirtielJ golf courses were accepted before the approval of the green space ordinance. Mrs. King further stated that while the golf courses are lovely, the space is only available to residents who pay a fee, untl stiggestcd that certain times of duy be set aside fur public access fur jogging or walking. The city also needs assurance alx~ut what will happen to this area when the golf course boom is over. Mr. Kransu~ber asked how the city andd pr<wide prut~~ction that this course would remain a public ~ golf course in the tiuure. Discusson fiilluw~d. ~ > Mrs. King movrd to appnwe the concept pion with thu cotKlitium ax xuu~d by Ms. Clarke and the ~ ~ fullawing txlditiun:d runditinnx: ~.Y.~ ~,_ ~.~. _ • RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting page I I Meeting Held tune 7, 1993 19 i. That the city determine the legality of whether this proposal meets the green space dedication requirement; 2. That some assurances be provided that green space will remain available to the public regardless of whet happens to the golf course; 3. That the applicant discuss the acquisition and incorporation of the Hansel property; 4. That the issue of left turn lams be incorporated Into the plan at the appropriate stage; S. That the need for ditch enclosures along Avery and Brand at the points at which the development touches the roads be investigated; 6. That the applicant «cognize that it is unlikely that Council will allow filling in of the flood plain; 7. Thu the applicant ra:ognize concern with the density of the multi-family and that it should be lowered; that height will nix exceed 35 feet. ~. • Mr. Sutphen seconded the motbn. Vote on the motion - Mr. iKranstuber, yes; Mr. Strip; tto; Mr Sutphen;~res; °Mrs:-lfing;~ yes; Mr. Amorose,-yes; Mayor ltozanski, yes; Mr. Campbell, yes. Mr. Smith reported that following discussions the developer and other principals involved in .the projcct,.he does not believe the issue the natural asset of the trce was in-any way htdd by the developer. Council had ously expressed a desire that the Hard Road ext be redesigned to save this natu .The developer, his engineer, city.staff, and repr tatives of the school board met iew a revised plan for Hard Road which saves the The tree is located betwce 9 and 10. pointed out the tree on the plan before Council. Mr. Smith stated that Dublin's Code requires the d per to identify natural assets during the development profess. Tlie normal procedure is a developer would work with staff to preserve these natural assets. Now that the road is esigned, . it is the recommendatioa of staff that the . dedication plat be approved pursuant the conditions in the staff report and with the added condition that the developer arve city the option to purchase two-thirds of an acre where the tree airs for the price of 528,000 aff would recommend that the city purchase the 'tree' and the are around it and preserve a passive, public park. The price set is the price per acre at w ' the school purchased rr land. There ace other options, such as placing restrictions on a owners who may ac ce this tree; however, staff feels that the tree is of such magnitu at it should be acquit y the city for preservation purposes. The~dollaa~actually~ Id-.be-sa-off_doliars f various fees. to be paid by the developer. There.are,also-tax:: ns for;recommendingahat the purchase be an option and not a requirement. Ms. Clarke rnmmented that it is very unusual to br' a plat to Council that is not exactly the same as presented to Planning Commission. B en staff found out about the tree and had an assessment done, it was found to be a -inch caliper white oak, in excellent condition, perfectly proportioned and over 200 years .Staff had hoped to bring an arborist's assessment to Council tonight regarding mainten costs for the tree, but it has not bcen completed at this time. Ms. Clarke stated th ere were 12 Issues imposed by PdcZ, most of which relate t nical issues regardin a plat. Many of the conditions have already been included nwised plat before tonight - elimination of the 'devil' strip, restrictions regardin vehicular access, for shape of the right-of--way, providing traffic analysis for the fiv to throe land transition ea, design for street lighting. trce preservation and erosion coot ystems. Staff is recommending approval of the dedication plat with the following specific mmendubtts: 1. That the plat rates be altered regarding arc rom both sides of Hard ltoad,with further access restrictions to be detenrtined w adjacent lots are subdivided; 2. That the detailed estimue of cos submitted for review and approval to the City veer • the construction lost esti should include design, construction and ittstal n Posts for all public improva~atf~n the right-of-way Including underground ut (:ewer. water. :corm), pav ,sidewalks, bikeways, lighting, landscaping, ag an improv u; 98-0602 3. Tfiat eonstrualan bond suRicient to tovor thtl rnst uhlic Improvetnen u tha City and appnwed by the City Enginrer r to rer<rrding rho plat Belvedere ~': That adequate tree pns~Kiurt meurures ahlixhed, including but rwt lit during ail phaxrx of runstnt~hiun, mizing the dixtanre h~Kwecn the tr RECORD OF PROC p~DiNC~S Dnblht City Cbuaoil Mootioj Meetin¢ ~~ ~~ ~ ipso - ~ Ordlpanoe to Acoept an Attnp~atloa of 26.976+/- Aces la ]ar'Otoe .. ~,.~; To~trnaldp, ~halots Ootmty b tsbe Aty of DubGa (Pilaf R+eatrirt~) (A,ppilaat: Shtwooe H1W I.atd -' '' ~ ~ ~p w. Smidr. Jr.. 37 w. Broil Strew, Cclumbw. OH 4321 ~~ ~• ~~ ~tcoduaod ~ ~~• b Couao(I for thin eel is ~, gsmlay oommaotad thtt a ttsastnant of aavlces war adoptd y P~ ~•~' aot-pcadon; dre ootatty oommissk-aaa adopted a raolutbn regarding die aanaatadoa; k h uow q bc+attfu to Oouadl >dot a &at tesdh+g. The proposed trea Ic north of Band Road and west o! dte ottreot oocpoatioa ifae for s proJea iavoMog a 4fiole Loll ooprse dut ttcaddla the ~! Prtoidin toil Udoa Ctamty Wta. The derdopor loch d~ aonncatioa in odder to provide water ~~ tM :ewer ttdikies to mis projoot tad have dre pcvjea tl1 aada ono jnctcdlction. p Stall seooaoa+eadt hoWhtg dr4 ovac fbr a seooad readiaf. ")dr. CttsQbdl noted tlut the tpplidat thottld bs informed that dre tdephooe Wue still needs m be a resolved wail the land ttse l:snea weed 1o be addrated favolvla8 deashy. etc. '~ Mt. Heasley eoaomantAd thtt that teen wq also ba Ia the t)hlo Powoe ditMot for dearie sacvieat. The developer will be nstde awtre of dds:idtatlon. "• Mr. safe faired if ate +o~shtp uaes.~o~tid taoomad~ur~ba aaj~ted if ddt~T ro.uorbtr e[~ is aotxaoed a Dabtio, q-athlagwa Mr. Hattsley rrapoaded that ii QooaeII acoeptt this . ~++°~ oonld dun hdtisoe:egtrtro i° action b take tlds piece Trott Jetosoe Towrnhip into '~~L'~ Towmhip for f re protection prtrposa. Comcit ootild tko tfioose m leavo it •ta ii' ~ fire aavioe tad hope that it would be G ~,~ by the aat~tic response agtoaaent between da two townships. ' Mr. Strip oortanatted flat Chief Bostic tnay wish m investigue thtc iasna I Mayor Rga~nskt tnggesttd that the Ere district issues be woclrod out prior m development of the ~~ land. Mr. Horsley commented that this pmpetty.vas the mbJed of as attempud `gemlomea't , h amostg ~ ~Y. ~ dip. ~ ~Y wad the devdoperi 'flit n > ~t° the jt Commiaee for action. bmt prWr m &e Safety Aommtttee' the released the antxxttioa withflat Eta tgr~eamtm. t; Mr. Smah :nggested flirt lilac there m a number o! unresolved issues. the applicant should be ;' invited m the aeoond reading Tor disenssWn. K Mrs. grog eommmced that Wts tmuxuioa was dison:sed u Safety Cotamitree wherein the (;ommiux ra-tr»med that dtu'a Lt an adstia Ooundl-adopted Po1laY on dill issue tracing that anydme a neav teen its annexed into the cih- of Dnblia i< would immediately wad auoomaciglly become a Qut of washiagma To.nuhip. 'ihace has atver ~beeaa diffamt polky adopted. - Mrt. Ring tm~her aotioaed that although `the aPplicatloa curra>tUr-a11s -~ a >~ oottrce 1 development, the rattly is tbu the ownertof the land-could askfor-aay..tppropc[ate uu foliowiag ,i smaatadoa m Dublta. ~~ '~ ~~ ~~ tsloed ~. Heasley to notify the applicant that ha has beat requested m arteud the '~ next Council meeting. i'~ 'ihero wW be a second radlaB at the Jamury 3 Council mooting. ~ pcdiaatwe No.107A3 - Act Ocdhw~a AmatdlnS~ ~ pprOPdationt roc the Racal is Year Ending Deoemba' 31,1993. wad H Mr. Amotose hstrodnoed the ecta than are ongoing , N ~. ~Y aatplalaed drat >b eognestt +gtPr'epriatioa+ for 1 toads city is mandated to oollecx wad d 1 anon. 1~ Mr. Stdphea ~- waive the three~ime r~N6 nde as amecgeacy a~ '~ Mt. )dr. Amotos0. yes; Mr. 1. Yaw: Mct. King. yes: Mc. Sntphw. yon' Vote tstotba - a Rgaaatld, yes; Me. ]Crantmba. yes. ea; Mr. ~i. '. Yoteontheosditttoca-l~tr. Stttph~.~' 1~~• ~~ Mt. Amoroso. y ;, ya; Mn. ICla.1-a: Mc. act. ~ ~ Os~aanoe 1W.106A3 - to F~stablish Appropc4i ~ ~, ~~ K qte off of pubtht, State o< Ohio, 98-ObOZ ~ Dooanber 31, ~ Decltdai an Belvedere d+e osdlnaaoe. 1 y: y atafed mtt thlt fa otx~+~ lablation to th im '.', RECORD tar rr~~c,r=GUttvuta Minutes of Dublla (~ Cout-all MeetlaQ Ptde 4 Meeting Bald JaQUary 3, 1994 1Q~_ ~..,~~ _ leeltlatloa. Mr. Zawaly. ya; Mrs. Ya; Mr. Bcanstuber, yes: ;. ya; Mr:. St111we11. yes. the ordiaaace. note on the -Mrs. IJocittg, yes: Mrs.1~. Mr. Zawaly. yet• Gtalpbdl. yet; Mrs. Sim yes. ~~Ordiaatta Authori~dng the dins o[ a Contrxd Between the Order et Pol[ce, Ohio CotracU lieprdlag Wads, a of Emplora~enb .and an ~aY~y fI'~'d lea fed that acdoa should be fhb eveafat ff Dotmdl does '~ b If ao action !s taken, oor-oracx automadglly becomes eff oa Jamury suit. moved b trot this u . IGraaawbec seconded the m ore on the motion - Mr. Mayor Csmpbelt. yea: Mrs. Mrs. Stelwell moved b Mrs. It3ng seconded nation Ordiaaad No. 101 of Dub1Ga sad the Terms and Mr.Iiarding mr approve S. Mr. ICrattttuber. yes; Mr. 2?~93 - A AesoWtioa the Delaware-said Franxun. ;~ugrwra ._ b the Ddaware drid llhank>ta fi~awras ta•Juuei Draft 3~tcxtae of : „ o[ the C1t~ o[ IJttbiVt toe tiaat "May =lice ln.dte :;~wsttry!. to the '- otthe a4 of Dttblin. Readliogl _ Mr. S~anoved as tr~ac diisr le~tlstion. ~~ Mrs. IOttg seconded the vote aasatemoti~n - .Yes: Mrs. Bociag, yes: . Ya: Ms3"or Yes: Mra. lt3~g, yes; StWwall, Ya: Mr. Strlp, yes. Vote onthe -Mrs. Sts~lwdl, Yes; Mr. Strip, : Mayer Gmpbdl. yts: • Jcirg, ya: Mrs. Boring. • 1-dr. Zaw:ly. Yes: Iylr. yes. No.105A3 - An Ordinance b the IutabGshmettt our Upper Scioto Was (pSppA fiord, Advartdrg ttom the Capital etaaab Tax lend b the ItYtnd, and Approptiatins Ithm .(Second RelttGag) cecammeads bolding Qtft ova a third readied. Them wID be a third reading at Jamtaty 17 Coattdt Ordtaanee No.10i~9Ci - An Ordinance to Accept as Aanexatton of 2ti.976+/- Aaw in J Township,l7nien Qoemty to Ste Qty of Dublht. (Second litadutg) (Applicant: Shawnee H01s Load Cotapaay. do Harriwn W. Smith. Jr., 37 W. Broad Street. Oolambus, OH 43215) Mr. 13>aaley stated that as agent for die devdopedapplicant B present this eveWug. as requested by Cotusdl a the December 20 meeting. Mr. Harrison Smith. repeeseatine Shawnee Hills Land Co»>Z~Y ~ p~ea• - $~,~ ttaed tba he wiq be happy b respond b arty gaastions from Council. 8e explained that throedourtht at the base owtraship of this projeccit owned by Dave -.Thomas-aad~othecs std -. is already ht Dahlia std anxmdy in the devdopmeat process. The other onefiourth~or:Z6:acxaa fs bated in Upon County. Ths devebper hat looked a wariau options for.placemeat.of the homes. _~ and clubhouse They have tatgt-t lone sad hard wtth the Uakn County Co:nnnisabaert who eveaQtaliy approved the aanexatioa Mr. Strip asked staff it the golf course sad homy woold be bdlt whether the piece of lead b brought into Dublin or sot. He wonder: what the gain wonld be by aanatine the land m Dahlia. Mr. Smith oo~umed fhb. adding that the gain via the annacaHon would be a more semible tt~yaa of the Bathe piece. Otherwlee. the developer will have b opaue nader too jurisdictions which is difficdt from a aoning soaodpoiat. Sts own scare 1t that the vale i< enhaaexd by nslae the coif course at a primary vahu assisaat b more of the honset which tads item spreading the house over the e:uir+a area. `:; Mr. Strip t;tated the ha wottW lib a ctport from staff prior to the third reading about the nosh Involved in torvtcluS shit development vernts the betutip to the City. If there 4 a gott course with employees which wW add m dry hsoome taxer, he would be atpportive. Mr. Sttdth reapoadod that he cat- Chow Couttdl how the devdoproeat ltys aft with sad without the ~~ aaatacatbn approval. Tho brae eootamla. aumbec of bouts, sad We coat arc almost the same. Mayor Campbell exptetaed ooaoaca shoat the tttWty aaevioe stet bouodarla, lavlai rho raideab c ~ of the dovelopmeat veldt the poasibWty of added shags ~ bag distance duirgea, Boo. He asked o > :~ rho dwebpec to lavett~te tolutbm to this ptnbiem up6~oot to elimiaaoa caW to the dry at a laooc j dot.. Yh. other ion. would be the Qnado>< of boaaauy duagea the tic. services. Aae ht dto bog M ,. ~ a1 RECORD OF PROC6EDINCnfi Minutes o1 Dublin City Counoll Mooting Pate S Meeting _ .~ . _ Help January 3, 1994 19~- i` cues, than 4 the hctor of the Lad use to be oonsidaod - waiwtiag whether any projecx that Domes :: w rho dry t llaaaddly justified 1~ the dry. He asked Mr. Sa>>th to respond. ~~ Mr. Smolt responded that he beliwa they au- demonstrate that the aumben la terms of vtdua sad ~ dolian wW be baskaliy the ate. and that the play u proposed with the anaaxatba wW bo a better ~~ developaacat Lor the Dablia oommaaity with eohaaced values. Yes tams of the phone problem, he :~ wanu m get as updates of what has boon done to dau to resolve the ttne. •~ . ~. Mayor Campbell responded the the problem was beyond the scope of the dry. State Repraeatative ( Bill Sdwdc has been woddng oa the tme, bnt sgthWg has yet beat resolved with the two telephone ~: oompade:. ~~ Mr. Smith they oomtmltted !n Coundi that if the udlit)- boundary savkss itaet caoaot be chanted, that mry wm advertise m any potmtld bayats that dcs sluradeon does exist. This tatty not solve the ~. purobiem. bat h do« pne the buyers oa aotioe of dte duration. Mr. Kraemer oommeaced 8~at the tans bees hryolva how mnc~h iarta:the:dq.~ota~obeoome and uada what saaatloe. and. the tradeoffs of dies beaeAt to .the dq vecstcc the btteden.~: The: isms :houW be di:auaed at the next goal aeafag seaioa. Mr. Smut responded that this ?b acv glees i< amaU,°bnt~ho unde~rusada theme ao~be eoasisteot with policy dectbns. Mr. Smith that ooaoothted that he wW prepare and distrltnde b Couttdl prior to the next ateeting a memorandum retuLog b the benetlts so the dry veians tlu bttrday a: stated by Mr. Braasatba. 8e will ate look hcDO die n<ility lanes prior oo the aact Cotmdi meeting. ' Ma. King stated drat she has gnesaoae to dhroa M start: She would valve the etatl's analyst and paspecHve oa the question o! whe@-a tht ecmeotation, indlvidusAy and is princfpai t is the best intaastt of the citizens of Dublin. Mr. Hanaley responded that:taff t not typipliy asked to advise Council on whether or not to accept as aoncxstion -:aff asstues that ktal ragairemea4 sad regniremmts from the Denary and other: have been met. Ja tht particular arse, ii Contscil a dedtes sadlf wdl jive a redatioa; staff canner. however. provide a oomprehtmstve anal impaex statement aboat this patdcalar ?b ears at tht stage of the devdopmeat„ m nay reootaunmdsdon would be based t>poa mss. He added that whoa the updated o~mhy plea t prepared. t7oaacg may want to then adopt a polity srstemeaE abort annatatioas. Thets will be a third reading of Oc+dtnaace 10693 at the January 17 Couadl meetfag. '1 pedtaanoe No. 4194 - Ordioaace Amaading 'oa+ o[ the Coarpensati ':= (Ordinance Na (FSrst Reading) ;i Mr. Strip intirodu the ordinance. Mr. Aarding that each year stag uad a review of the Co Plan for any +' appropriate Tile two areas which there are mbstantive o- hwoived are tD the dry wage sad atrucdue s<s noted in the stn report, ' including 3 k r od changes is job ciauifi sad reooauneaded ad' for:iattationary=ficoors the miatmum and maximum of wage sad salary structure. He o to:answer. nay-queatioas from Council members. f': Mr. Kranatuba comp Mt. Harding for the ercttasi sad complete mPPort 'on ~° included with the report. He believes Couadl had y discussed sending mp Plan :1 to the Petsonad mmittee for review. ;; Mr. that he prefers to lead tht tree for review is ecadon of the new of Qouadi. Mr. Strip suggested the second reading oontiau a dte Commttta t rho ordinance. The ordlasace d late be tabled. it . ~: ~' Mayor Campbell ttatad that w01 be a second ceding of a t'kdinaaee at the J 17 ~: Couadl meettag sad agreed the Personnel Oommittee of should review the 1 atioa for reoommeadation eo ,' Ma. Boring moved so tht to Penooaei Commis :. Mr. Strip aeooaded a awtioa. °i Vote os the -Mrs. Shclwail. yee; Mr. tuba, yes: Mr. ?.awaly, y • Boring. yea; Mr. Serip. Mayor GmPbe11, yes; Mrs. ~ yes. ~~ 98-0602 }; (Applicaot• oidiog Corpocatba of Dar Belvedere 4 M. loelley. tS0 Bast Street, Columbus Odt 43 antes RECORD OF PROCEEDINGS nulilln City Council Moeting sago ~ Meeting Minutes o[ Ordinance No. lOtiA3 - An Ordinance to Atxept an Annacation of 26.976+/- Acres in Jtxome Township, Union County to the City of Dublin. (Third Reading) Mr. Smith commented that them has been a:request from the applicant to5table this orNttattce.- ..- Mr. Strip moved to labia Ordtnatrce IOt>A3 for two weeks. Ma. King seconded rho motion. . Vote on the nation - Mr. Ztrwaly, yes; Mrs. Stillwdl, yes; Mr:. King, yes; Mrs. Boring, yes; Mr. Krinstuber, yes; Mayor Campbdl, yes; Mr. Strip, Ya• Ord. 106-93 was also tabled without further discussion on February 7, 1994 and March 7, 1994 , .Mayor Campb uggested that the ordina be officially amended at time of final vote. He requested a clerk prepare the am ed language so that it is ova' le at the time of final vote. Mr tuber added that the ersonnd Committee was to review this ordinance nd a~ ing of rho Committee be set up early next week. Mayoc Gmpbdi that if the Committee is ~ to to have'a recomtnendatio y the time of third rtsading, th finance an be tabled at th ime. Ordinan o. 02-94 - An Ordinance thorizing the ("..try Manager ~ to into a Coral with the Franklin Co y Public Dcfenderrs Office or Deftxrse of Indigent demeants, and Declaring a txgency. (First Reading) r. Strip introduced the ordi Mr. Hansiey noted that th a continuation of the city's co tact with the county for provis of public defender serv .Stott recommends adoption by ergency syction this evening. Mr. Strip moved t t this as emergenry legislatio nd waive the three-time readin le. Mr. Kranstuber ndod the motion. Vote on the lion - Mr. Strip, yes; Mr. Za y. yes; Mrs. boring, yes; Mr, ranstuber. yes; Mayor Abell, yes; Mrs. King, yes; Mrs tillwell, yes.. Vote the ordinance -Mrs. King, yes; n. Stillwell, yes; Mr. Strip, yes' rs. Boring, yes; Mr. ly, Yes; Mr. Kranstuber. Yes; r Campbell, yes. Ordinance No. 03-94 - An Or Hance Appointing Members to Various Boards and Commissions of the City o blip, and Declaring an ]Em .(First Reading) • • Mrs. King introduced th tdinance and thanked all who h applied for the openings n boards and commissbns. Sh mmented favorably on the quali of the candidates and their rang desire • ~ to serve the city. rs. King also noted that them are me remaining appointmen o bo made for commissions restrktbns apply, i.e., represe Ive of a large Dubin basin for Solid Wasto Advisory miltee, school representative to olid Waste Advisory Com tteo, and a business represen ve and a child arc professbnal f rho Child Care Advisory mitten. A k point, Mayor Campbdl asked clerk to read rho attire once 03-94. n. King provklod twklkbnal elan bra regarding the eatego Caro Advisory Committed. Mayor Campbdl twmmentdd t rho quality of rho andWat ,add 98-0602 not appointed this yea wll ly next year. Ho also thin Ma. Belvedere P~~• Mrs. S1111we11 tnov o waive rho three-limo readin le and treat Mrs. King scconc Iltc mMk-n. Held lanunry IT. 1994 19 Sho is hopeful th o issue can he worked out There w e a third reading of the or ante at the February ouncll meeting. rdinance No.105-93 - An O Hance to Authorize t tabpshmrnt of an per Scioto Wtx interceptor (USWq Fun drandng Funds fro a Capital Impror is Tax Fund to c USWI Fund, and Ap prialing Funds. (11ti carding) Mr. Hansley not at staff recommends lion at this time. Vote on the nonce - Mr. Knnstuber es; Mn. Stillwdi, yes• ayor Campbell, ; Mr. Strip, yes; Mrs. rag, Yes; Mr. Zawaly, ;Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Mooting Page ~ Mooting Held March 21, 1994 19 adequate buffer for 350 cars d buses. During the peak usage tl In the winter, there will be no foliage on the trees. He sts the City and Council to take c e of the drainage problem and the traffic concerns. The posed Rec Center building is boa I. ~jg,~j stated that he has lived Dublin 10 days. Beforo porch g a home In Dublin, h cocked with the City regarding pi for the puk. He was told that a would not be an a s from Tara Hili at that limo, he understands that things ange. He has 0o with the quality of life issue for idents of Tan Hili. He believ there wUl be much mo traffic through Tan Hill than h estimated by the City's tra ootuultant. Tom Buchan. 5729 Tara Hill st that he has recattly purchased home. He, too, has ooncuns with the access from Tara and the safety issues which esuit for the small children 1[ g la the area. Ho atgg g the parking uea to the Road entrance hutead of ad to the Tan HUI a would prefer~that the Tara utaanca.be,a pedestrian y. He also requests that area be maintained is the ~ area bdtindthe.hotnes~on. HUI. _.:: stated thu he ing further to=add~to::wh bees testified.- Mrs asked if c~slderatioa given to moving the parking 1 the Post Road eatt~x. . Clarke responded thu it was Wend but did dot fit is that ea. -Mrs. King suggested addin Conditba I6 stating that the rage at the northern bound rho site wUl be improved, o ever language would boa ropriate to make this cotntni t to the resWents of the tidja pmpertIes. Mayor Cam 1 Indicated tfiat he would adding such a condition. Mr. ber commented that some o e existing problems do not ate to the Recreation Cent ut to the extent that they can improved, he would support ch a condition. . Clarke noted that insofar t is within the City's ability regrade the area to improve drainage, this would be e. Many areas of Dublin, how er, have high ground water g ht ooMinual operati~~ mp pumps: The City ange the ground water loud th the regrading. Mra. King no that she Is referring not to su can drainage but to surfac rainage. She is hopeful regrading the uea can lmprov a surface drainage. M tuber suggested that the ded condition include isogon , 'to the extent possible to prove the situation, but in an ,not making the situation w e.' Then will be a Wird resc~it(g of the ordinancaat rho April~VCouncil meeting. Ordinance No.106-93 - M Ordinance to Accept an Annexation of 26.976+/- AaYS in Jerome Township, Union County to the City of Dublin. (fabled Ordinance) (Applicant: Harrison W. Smith. Ir., Agent for Petitioner Shawnee Hills Land Company. 5131 Post Road, Dublin, OH 43017) Mayor Campbell noted that he has been given a copy of a letter sent to Steve Smith by Harrison Smith requesting. that this item be left on the table and held over until the second April meeting of Council. Mrs. King eked why this item should not be tabled indefinitely. In this way. Council can determine at which point to take it off rho table. Stave Smith stated thu Council can table this indefinitely if they wish. Ho noted that Council has 120 days following the first reading to take action on an annexation polities Hurison Smith has requested the later April meeting date In order to respond to issues previously raised by Council. Mayor Campbell oomntented that any hem that is tabled requires action from CouncU to remove It leas the table. Thus, procedurally, he believes h would be appropriate to table hems indetnitdy :lace they will always require actba from Council to remove them from the table. Tabling until a cettaln due does not tuxessully indicate that Council will d-oose to remove the item on thu date. Following brief discussion, Mayor Campbell stated that Council may choose to take Items off the table, but In order to provide adequate notice to affected parties, Council should then set the a~ ob ~c a~ ~ s~ RECORD OF PROCEEDINGS Minulca of Dublin Clty Council Meeting Page 8 Meeting Held March 21 ~ 1994 lg ordinance for hearing at tho following Council meeting. He believes It Is important to continue to show tabled Items on the agenda to ensure that action is taken at some point. There was no objection to Implementation of these procedures. Pia of the City of DubUn. (Third Read Haasley stated drat staff reoomrttends Couadl table this item indefinitei .Staff bas engaged a conwltaat who iivIli facet soon arith utilities drat serve Dublin at this me. Mr. Kranstuber saved drat the o ce be tabled indefinitely. Mrs. King seconded the motio Vote on the motion - Mr. ber. yes: Mr. Zawaly. Yes; M .King. yes: Mrs. Boring. y . Mrs. Stillwell, yes; Ma Campbell. yes. Mra. King movod to table Ordinance lOfi~93 indefinitely. Mr. Zawaly secondod the motion. Steve Smith confirmed that he will ratify Harrison Smith that a request must be made at the April 4 meeting to remove this item from the tabletn order to :et a hearing date of AprU 18. Vote on the motbn - Mr. Zttwaly, Yes; Mrs. Boring. yes; Mr. Kranstuber. yes; Mayor Campbell. yes; Ma. King, yes; Ma. Stillwell, yes. Ordinadtx No. 01x94 - M Ordinan ending Certain Sections,of_the mpen;ntion.Plan (Orrtirtanoe No. 3393). (Tabled ) Mayor Campbell asked for a "report-on -thisordinance -which led -indetinlteiy. _, Mr. ~Krattshtba stated~that a oexr Council=raeetiag,-he wU1 t~that~k:be.rcmoved from She table for hearing >iour fmm tonight. . Ordinanoe No. A4 - M Ordinance GtxMiag a ddse to Columbus Sottthera ours Computy ,Maintain and Operate , Appurtenantxs and App for Conti iEledridty In, Oren, Unda and gh the Streets, Avenues, All and Public Ordinance No. . M Ordinance Authorirlog the Iction of TralY'ic oa Mai d Drive and Other R ds fn MuirReld During the Annual emorial Tournament. (S Reading) Lt. Rob described in detail the traffic plans the tournament which are ically the same as last ear. Stall' was very pleased with the rc planning effort last y and hopes to again mo traffic smoothly is and out of the too area. Cooperation rovided from Franklin only and Delaware County Sheriffs artmaas. the State High y Patrol and the City of Columbus Division of Police. Brief d'rscussba followed on a need ~to' have an~ ord ce for =traffic=regulation-:versus administrative action by sts . Mayor Campbell noted throe readings at Council vides an opporhrnity-for_residents to ring any issues to Council ut the tratlic plans. There will be a ird reading at the April 4 until meeting. Ordina o: 20-94 - M Ordinance ending Chapter 717 of the Codtf Ordinances of the City blia, Ohio. (Peddlers d Solidtort). (Second Reading) Mr with reported that he has discussions with some Council mem rs~ and he plans to provide endments to the legislatfo rior to the third reading. The ame cots will Involve the method for designating local char es. Mrs. King oormse that she has contacted the Oirl S u of America representatives regard to the p chattges. The representatives to that other communities a similar ordinances the alrl Scouu have worked well ith them. They anticipate no roblems with Dublin's law. Or sans fYe. 31-94 - M Ocdlnanoe ending the Annual Appronrt ons A~din~ncw liar Ihw 1 Year Firding December 31, 1 . (for Iastallallon of lcaff Bright Road/Rlvecslde Drive Int oNlon) (First Reading) 98_0602 Mra. Boring latmducod the ord She aotod that the last p oontaalaod laforasatbn relat o the Belvedere supportive of the Install n of a signal [oc safety roaso There will be a loco ending at the April 4 Council eeting. :' ~~~t~o~~~oF PROCE~~INC3B Minutes of __. .. _ .. ._ ~. H Apcll 4, 1994 lA rM'.LY3~J.IZLF'T..-!~'.M ~~ rooonuldaatioa third •~"~i Oa ~Y lE. ii Mr. aeooaded din motion. C~boq. ya; • Vote e>a motba • Mn. Sttiiavari. des; Mr. . 7e+: Mn. ~. ta; t~ Mtt , sa; htr: SMp. Tm- Mr. . Tes. No. 5993 will be sct fat Ideratlon en Apti118. i~ Or6nanoe No.106+lS -Aa Otdlaaaoe to Aooept as Atmodttiaa MZil7i+~ stew fa Iexane Ts+wnablp,lDeton ~ to tb! t]q of Dablla. (,App~awtt Hatriaon W. b~a4 Je.. A~eat ~~ for Petltio~aar >z7iawoee 1~As Lnd Comer 61dt Pat tiLoad, Dabpa, OH 43017) Httodsaa Smldi. SmiQt er Hale has Beat a letter t+ogaeetiaL dut tlafa ot+diamoe be removed bran ~ ,~ tsbk sad sextot hesrfor oat Aptll lE - the lase dots ttpaa whidi Qoeocil exa taros action pebr bo the } I+tre. Stii[ireU moved m teawre Ocdmmod~06~93 `frodt~e'table-.a+sd~scfiedate- is-tor °n :! ~ la. a Moor Gmopbdl seooaded the motion. :: Mts. Riot polt-ted oat dolt du prooodare mdac Iaw is that if dib b tat robed move tonvsrd,duce a . ~ Pte'' wn1 eupice, if dooaoil doex not ~ tbls spplkstlon ~, b as opporbsnity oo rote dozen the mot'lai to remove It !from the gbla There has already bexa ;: ample oppodtonity Sot ditcassioa ast Qds ordinance. MsSroc Campbell slued tliat~ eoe~veddy. by ~ t~ ~ off die table fat vote oa the 18th. ~' Caaacit rrarld effoctivdy be defeuiat tht: orfiamce. this kgislafiaahss been tabled Duet the past :} months at the developer's request. Ms9'~ Campbell bedieva that. is ~T ~' a reKa, ~d be ;: '. talkea on the exdinaaoe. ' '' ~ one of the owaors of the praperq. stated that ]1dr. ~, Foe~e~a ~~ resoleitioa wfi! speak ditoe4j ss to wtuther this propect7 should be ssmtoced. Secondly, bb La<s bees vtod3ai ~ the pr+opa~- o~ ~ Dome °p rrlrh a proposed ': zon3uH lia>btuloa on die piece m estatra Council that die devdoper wlll not eivoeed a oectaisi density. Mayor ~ZOd dial sane eif th+e Issues raised aboat thin amuicatioa imrotved the density isaties sroaad the golf ooursq sad what beoeHts m the e3ty this meie~adiom woatd pmvida 1. !~ The tdepbo~ service iasuehu yd m be resolved. ~V~J t 1 ~ ~ Mr. Hale; staled thsc die developer b ~lliai to oomm~tt that die deasit9 for the eadte piece mill aflc Cow~YheZ "`Q~ ~~ ~~ i.ES cola pa acre idr. Hak added 11wt Mr. Zb~as is a lddoa8 raider of she 1 ;~ oomomonity wlio daaervea, at t!u least, a hestinE oa tbo saaeaalioo- ~V~O~Ao- ~'C~,,D``f,, ~; Vote oa the aatba -1~dr. St¢if. Sea: Mr. Branatuber~ no: Ma. Stillwdi, yeas Mr. Zawdy. yea+ ~o p~.N,V~k:l~~ ~ Mn. ~S. s-o: Mayor Ciaf+beII. ya; Mn. HociaB. Ya• j prdanana No. - M Otellnaaoe Ame~dlris t:ettsia as of the ~peoeation Plan a ~~ that he av111 not request th be talon off the table at this time. He will requestla6 re®aval from dis table at the (~oaacil meetlnH ~ hetuia8 st die r: ' Dolunib~ Power is OcQionroe No. 17-94 - An ~K a PtiaCldae W AppGartae for sad Operate Ilnes~ Appo~~ ~ sad Public a~ IIadex atad Throw ~ ~ A ~ ~:; Pleas of the Qh ~ that thb remain on the tablo as staff is ati11 with a consaltant on this Mr. Hamslry kmchise. 98-060Z Ms. Qstloa steed that this plat oomisa aabt bcatad "°~ e>E 1 Belvedere Iadbsn Rua Mesdowt. Ii wlll ~~ ~• Pfasm~l dose oaaditiom: 1T1iat 'No Parldr~' esftaued ~ die aoadi side of tlu alt MeetliiY RECORD OF PROCEEDINGS Minutes of Dublin Clty Councll Mectlna Page 4 Mcetln _ _.... _. K_._._-. ._. ..-r..+. .yaw MI~NF co.. .~wr Mrs .w N1 . ..- ---- ~ -- .. II Iield April 18, 1994 .19 not be viably as mmerclal :Ito. Mayor Abell gave a brief eve of the historyi repo and issues relating this zoning disco at recent Council m gs. He stated that, in oph~lon, the newer sue he prowl y has been addressed sa actorliy. He also noted at staff, Pdc2, and ublin Schoo and avo all supported th(s r Wing. Veto on Ordinan 59A3 - Mn. King, no• rs. Stillwdl, yea; .Strip, Yes; . Zawaly, no; Mrs. Boring. : Mr. Kranstuba, Yes: ayor Campbell yes. pproved 4-3 Ordtnana No. 1t16A3 - An Ordtnantx to Aotxpl as Annexatton.of 26.976+/- AcrYS in jerane Townshlp~ Union. County to the Clty of Dublin. ~Ibird Reading of Preciously Tabled Ordinance) Mr. Hattsley stated that staff rooommatds this~aanacatbabased.on dte~follmvittg: , 1) The wbject patrol is part of a hcget~tract:-a portionof-whkh asalready~lexatod within the ~. City of Dublin. Whenever possible-a'single:pared ~'.aitttd shadd~be.hxxted within one jurisdiction to sitnplify-hro~t of.dtwwdopatent ootttrol, permitting. savica ddivery, eta 2) The City's existing and planned httrasttnedtre~tor the era are adequate to serve the subject site for devdppment at two units pa sire a less. Obviously.'the precise allowable density would be wbJect to Councll appeoval gtrotteh.the future rezoning process. 3) As a Walla of gened policy. the City tun gexuxally tried m encourage assembling parcels of property for rezoning a proposed devdopment due to the inereased flexibility aqd peKentialiy highs quality of largo sale dewdopmeM plans. 4) The property is looted wihnin the reoauly negotiated Columbus/Dublin ae:wa agreement. Mra. King asked for an explanation of Paragraph S in the Staff report regarding insufficient sewer opacity for this site. Mr. Kiadra raponded that We repoR states in another portion that sewn studies will be done to determine the capacity to handle this typo of devdopmertt. Staff recommends that then annexation be q~proved, but prbr to devdopmem, more detailed analysis should undertaken: Mr. Hensley noted that the pexitiona has been made aware of the density issue for future dewdopment proposals. Ben Hale, Jr., representing the applicant, responded that the dewdoper is aware of the sewer capacity situation and bdiewes there will be no problem servicing the 1.85 dwelling units per acre in this development. The developer does understand that they have to follow through with staff at the time of development. Mayor Campbell asked Mr. Hale to confirm that the telephone utility provides-will be-noted on the plat since it is GI'E and not Ameritech. Mr. Hale responded that they will make note of thLt on the plat. Mrs. Boring asked if the golf course dewelopmcnt is still a possibility. Mr. Hale responded that it is still a possibility at this time. Vote on Ordinance 106-93 - Mra. Stillwell, yes; Mr. Strip, yex; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuba, yes; Mayor Campbell, yes; Mrs. King. Yes• Ordinance No. 21-94 - A finance Amending nnual Appropriati Ordinance: for t Plsal Year Ending ba 31,1994. (for I allalion of traffic si I and left turn tan al Bright Road/Rh de Drhe InGxeection) rd Reading) stn thu she would Ilko to the results of the tc Wady and ask at the homeowners' oo be ex-nsidaed befor traffic light is lost Strip gave an overview a process for signalize n of the interaoctlon, ing that staff will/ atonitor the httasectba insullatbn of lights at Ilex Road and Hard R to dexecmine If t>nS Bright Road :Ignal is 1 needed. Mn. King as that staff notify Mn. CI when the plans are pr ~~ 98-0602 e~ontract. Belvedere Caenpbdi requested that n. Clark be notified of ^ ouncil Coer ' e :ignallzstion plans for B ht and Riverside. G[TY UH' DU[3LtN 5800 Shier Riips Road 0 ON,3016.1295 ili/161~6506 DUBLIN PLANNING AND ZONING CO1VII1~iISSION RECORD OF ACTION SEPTEMBER 5,1996 The Planning and Zoning Commission took the following action at this meeting: ~2. lEtezontag Application Z95-019 - Fi~clt~minary=Development Plan -Erwin West Location: 99.475 saxes locatod oa t6e north aide of BrandRoad and the west. side of Avery Road, e~cteading to the Prankiin/IInioa County line. lEzistln~g Zoning: R 1, ~ Suburban Re,~ideatial District and U 1, Agricultural District (Jerome Zbwnship). ~ . Request: PLR, Planned Low Density ResLdeat~al District. Proposed IIse: Anew ncdghborhood,of 138 single-family lots and 72 multi-family dwelling units, and 20.7 am+es of open space/park land. Appyi+cant: Don Wick, Rockford Homes, 131 Dillmoat Drive, Columbus, Ohio 43235; represented by Bea Hale, Jr., Smith and Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215. MOTION #1: To table this reyoning application as requested by the applicant. VOTE: 3-3 RESULT: The motion was defeated. MOTION #2: To table this reaoning application. voTa: 4-2. RESULT: This rezoning application was tabled without discussion. The applicant was advised to resolve the issues prior to the rehearing. STAFF CERTIFICATION 98-0602 J 1 Belvedere DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION November 14, 1996 (:I'1'Y (11~ U1~I11,IN 5800 Sbler Rinds Goad OH 43011-1236 M;/f DD: 61 x/161-6SS0 Fmc 614/161-6506 The Planning and Zoning Commission took the. following: action.atahis:~meeting: ,- . 2. Rezoning Application Z95-019 -Preliminary Development Plan - -Erwin West . Location: 99.475 acres located on the .north side of .Brand Road and the west side of Avery Road, extending to the Franklin/Union County line. Existing Zoning: R 1, Restricted Suburban Residential District and U-1, Agricultural District (Jerome Township). Request: PLR, Planned Low Density Residential District. Proposed Use: Anew neighborhood of 138 single-family lots and 68 multi-family dwelling units, and 21.5 acres of open space/park land. Applicant: Don Wick, Rockford Homes, 131 Dilhnont Place, Worthington, Ohio 43085, c/o Ben Hale, Jr., Smith and Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215. MOTION: To table this application as requested. by Jeffrey L. Brown, Smith and Hale. VOTE: fi-0. RESULT: This case was tabled after discussion:.-.The: Commission .requested-that the applicant redesign the plan to reduce the density to ao ~ more ~ than :1.85 dwelling ~ units per acre, provide a more imaginative design for the two-family units, and° address the multi-jurisdictional issues. The ,Commission did not support the applicant's proposal to pair this site with anon-contiguous parcel for density averaging purposes. STAFF CERTIFICATION John D. Talentino Planner 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -November 14, 1996 Page 8 2. Rezoning Application Z95-019 -Preliminary Development Plan -Erwin West John Talentino presented this application to rezone 99.475 acres from R-1, Restricted Suburban Residential District and U-1, Rural District (Jerome Township) to PLR, Planned Low Density Resident District for 138 single-family lots, 68 two-family lots, and 21 acres of pazkland. The site is located on the north side of Brand Road at the Franklin/Union County line. Mr. Talentino said the "on-stream" detention basin, a pond on 4.4 acres, restricts the usability of """" the park. There are 21 lots set aside-as a reserve that are not to be developed until a later point. A 50-acre site near Manley Road is tied in to this property for density purposes. The density committed to at the annexation hearings two years ago was 1.85' du/ac. There has been no formal application for annexation for the site on Manley Road. As a concept, staff feels.it has potential. This proposal has good amenities and offers twodiffete~t•housing~ypes:~•:Staf~s-concerned about density and the usability of the park. ~ The future~f<~th~RanseL=~parcel~io<~the:easts unlmown but _ _.... -is adjacent to the two-family area. Staff suggests that~the 21~ reservelots,be,designated.next to the -parkland. If the reserve is never developed, there -would be a greater open space. The on~stream detention pond should be smaller or even eliminated if the park is not expanded. Staff recommends approval with ten conditions: 1) That the density be lowered to 1.85 dwelling units -per acre or that a linkage agreement acceptable to the Law Director is submitted; 2) That the nine single-family lots and the six two-family lots that border the park on the north side of the bridge be utilized as the reserve to meet the 1.85 unit per acre density commitment unless the Manley Road annexation and rezoning is successfully accomplished; 3) That the open space along Brand Road (8.2 acres) and other small open spaces within the plan be maintained by the homeowners' association; 4) That the on-stream retention area be limited or eliminated to maximize. utilization of the pazk; ~ 5) That a more imaginative two-family dwellingdesign(s) and aayout: be-used to integrate this use with the single-family developments; , ~ 6) That masonry materials cover 70 percent~of:all-side-:facadeskabutting.-park land or the abutting property and that the .text be so revised; 7) That an 8-foot bike path be constructed by the developer along Avery Road and around the ponds in the open space along Brand Road; 8) That 40 feet of right-of--way from the centerline of Brand Road and 30 feet from the centerline of Avery Road be dedicated to the City, and that left turn lanes be provided on Brand and Avery Roads; 9) That any development or grading within the floodplain be reviewed and approved by the City Engineer and be subject to all applicable permits; and 10) That a revised preliminary development plan and a revised text be submitted within two weeks and be acceptable to staff. 98-0602 Belvedere Dublin Planning and Zoning Commission Minutes -November 14, 1996 Page 9 Mr. Ferrara asked that the density issue be explained. Mr. Talentino said that the Manley Road 50-acre parcel would be developed into ten lots. As a blended or combined density, it would not exceed 1.85 du/ac. Mr. Ferrara asked if the other site was contiguous to this site. Mr. Talentino said no, it was adjacent to Phase 43 of Muirfield Village. Mr. Sutphen said this site would still be dense. ""~" Ms. Boring said it did not make sense. Under the interim annexation policy, there has to be a ..good reason ~ to annex territory in this area. She said it was not really a positive recommendation to annex land in that area at this time. Mr. Talentino believed the Manley Road parcel was totally outside Dublin. . Ms. Clarke said Westbury density was•.2.02-ndu/.ac,:and.:Shannon..Glena~casrl:9:du/ac.::All the _ - development west of Avery Road was comin~inr~t.~veerry~close.to2:-du/ac :.: ~.~- -:-.. Ms. Boring asked if the retention pond acreage was included in the parkland. Mr. Talentino said a dry detention basin-would require three acres which cannot be counted as parkland. Of the 4.4 acre pond, 1.4 acres would be counted as open space. Ms. Boring asked if .the conditions of the.concept plan were met. Mr. Talentino said they were : . either completed or in process. [Council Proceedings, June 7, 1993, Page 11] Mr. Talentino indicated that Conditions 1 and 2 had been met. The applicant had pursued the possibility of acquiring the Hansel property and found it was too expensive. He said left turn lanes are going to be required at the access points. Ditch enclosures on Brand Road and Avery Road will be similar to -what was done in Shannon Glen. Mr. Talentino said the applicant realized. that the floodplain cannot be filled in and that at Shannon Glen a flood study is currently being done. Ms. Boring said blended density was not for an adjacent site and not part of this application. Mr.~ Sutphen• did not understand why this application -.contains .:two-family::units. He :felt that buyers had relied on this being asingle-family urea, as noted in the_plan. -: The duplexes are located next to very large acre lots and he could +not~ see how it would work: - ~Ie did no>w~believe that 50 acres elsewhere could make this development work. Jeffrey L. Brown, Smith and Hale, said the present site plan had a density of 2.07 du/ac. The Community Plan suggests a density of 2.0 du/ac for this area. Part of this site was annexed in from Union County, and Council had strong concerns about annexation policy. It was suggested abet the density on the entire properiy~•.be limited to 1.85 du/ac in .order. to have this .portion - .-. annexed into Dublin. Mr. Brown said to meet the 1.85 du/ac density they would put 21 single-family lots in a "reserve". He said Dublin has expressed some interest in a greenbelt around the City, as well as some estate style lots. One of the property owners involved in this transaction has a 50-acre site off Manley Road, which could be annexed and rezoned for ten estate lots. If this is done, the 98-ObOZ Belvedere ., Dublin Planning and Zoning Commission Minutes -November 14, 1996 Page 10 density would increase back to 2.07 du/ac by eliminating the reserve on the 21 lots. Mr. Brown said if that deal is not approved, the 21 lots will remain as open space, with an overall density of 1.85 du/ac. He said the developer is the only one at risk. Mr. Brown said regarding Condition 2, this should affect only the single-family lots, and they are agreeable to move the lots next to the park. Regarding Condition 4, he said this pond was an amenity and a costly solution. He said a.water feature was an attractive alternative.. Mr. Brown said they felt they had done Condition 5 with their modified designs, but would continue to work with staff. In terms of .Condition 6. (the masonry), he did not -feel it should apply to buildings along the pazk. Mr. Brown said he accepted all other conditions. :~- Mr. Brown:said~Brand Road-has the standard, 200-foot setback..The.water.-features.aze something ._ ... • -:.:they have done to set the development off,from .other.developments::~veh~le/pedestrian bridge _ • ~~- ~=links the two~parts of the-development..-He saids-discussions~withjMisn.Hansel~~and the Lenkers . -- -had oaken place, . and ~-he hoped there .would be a=real- estate deal-,to ?include=that property. :The - - alternative would be buffering around the property and road connections. The attached single- • ~- -family units provide empty nesters with condominiums onpublic-streets. ~ A condo association will maintain everything on the outside of the units including the landscaping.. There will be a water feature with fountains along Brand Road. Mr. Ferrara asked about Condition 2. Mr. Brown said they agreed to do it as it related to the single-family lots. They would remove 21 single-family lots to meet the density requirement. He said the cul-de-sac would be flipped. Ms. Clazke said that design would be resolved at the preliminary plat. Mr. Peplow asked if the Manley Road property was contiguous to Dublin. He would need to see the two-family design before agreeing to this application. He asked if there was a delineation along the rooflines or were they a massive expanse of flat roof in the back. Mr. Brown said they were considering movement of the garages and the elevation would appeaz the same. He said there was a-small break in the wall that could be_delineated-.more.a~uhich:wonld~create relief in the back elevation also. There will be a varied setback, -25 to 45 •feet; •along-~the°streets. - Mr. Sutphen said the Hansel property .should be included in any development here, and he could not support the application otherwise. Mr. -Brown said Mrs. Hansel was present at the meeting and they had met with her. Mr. Sutphen said he could not support the land swap for increased density. Dublin needed more parkland neaz the road. Mr. Sutphen said he might agree with the condos if the density was well under 2.0 du/ac and it included the Hansel property. Mr. Brown said the bridge will be privately built, to Dublin standazds. 98-0602 Belvedere llublin Planning and Zoning Commission Minutes -November 14, 1996 Page 11 Mr. Harian asked if there would be restrictions on how many two-family units a person can own. Mr. Brown said it had not been discussed. Mr. Brown estimated $100 per square foot for cost, or $160,000 per unit. Bob Adamek, 7478 Tulleymore Drive, president of the Wyndham Village Homeowners Association, expressed concern with the density and the two-family units. They were concerned that the .duplexes could potentially open the door to other multi-family dwellings west of Avery Road. The Hansel property might result in a future spot rezoning. Ms. Boring said when Council approved the original concept plan, it said the density should be lowered but did not comment on multi-family use. ` Ms. Boring had a problem with density and referred to page 8 of the-June 3, 1993 minutes. ~Mr. Sutphen.said:because.the.par3 golf.course. . was planned, the Commission was interested inrallowing=the`.multi-familyt~units. n,:He said there is no golf course now-providing open. space, but>>multi-family,~units~emain4Ms.Boringsaid the density of 1:85 du/ac was more.important than the°multi-family units: ?Ms:Boring said. she would not agree to the linkage agreement. Ms. Boring asked if the concept plan included the multi-family units. Ms. Clarke said yes. Ms. Boring said if the two-family units were integrated into the neighborhood, the total project would aPP~r different. -She said because of what -she believed when she voted .for -the- annexation, she would never consider anything more than a density of 1.85 du/ac. Ms. Clarke said this is a rezoning application, but it had an annexation history where density commitments were made. Mr. Harian said the 1.85 du/ac density was. important to him, but the linkage needed to be eliminated. A new configuration needed to be presented with the 1.85 du/ac density. He said the attached homes would accommodate the different lifestyles in Dublin. He also supported including the Hansel property. "' Ms. Chuinici-Zuemher had the same concerns as Mr. Harian. She said shewould like to see the reconfigured layout without the linkage. and withAthe ~larger::parkland~:~rea: :Before voting she wanted the opportunity to review what the developmentand~ building elevations would look like. Mr. Peplow said the two-family homes could work. He said the multi jurisdiction of the counties needed to be addressed at the time of platting. He said the Hansel property needed. to be included. Mr. Peplow ~ asked how a condition that the Hansel property be included .could .be made. Mr. Banchefsky said that could not be made a condition. Mr. Peplow said he would encourage it. Ms. Chinnici-Zuercher said if approved, the linkage condition would need to be removed, and Condition 2 would need to be reworded. Mr. Ferrara suggested an interior lake to handle run-off. Randy Bowman said a properly engineered lake would not worsen the downstream problems. Ms. Boring asked if this is included in the CDM study. Randy Bowman said no, the Cosgray and Cramer ditches and the northeast quadrant are under study. 93-0602 Belvedere Dublin Planning and Zoning Commission Minutes -November 14, 1996 Page 12 Mr. Brown asked to table this application. He said they have cleaz direction from the Commission and want to make changes. He understood that no linkage should be included in this revision. Ms. Chinnici-Zuercher said that a 1.85 du/ac density and a new design were needed. Mr. Ferrara said a more imaginative two-family layout is needed, and multi jurisdictional issues need to be addressed. Ms. Boring wanted to see if the original concept plan included two-family units along Avery Road. Mr. Ferrara said bringing back the concept plan was a mute issue. Ms. Boring agreed. Mr. Ferrara wanted _ to make sure this application was .filed - in a timely ..manner -so that staff can notify~,the MuirfieldCivic Association, etc. Mr. Brown:saido-he~would~ork4w.ith~ttrem ~ Lowell Trace, Mrs. Hansel, and the Lenkers. Mr.. Ferrara :made the motion to table this application. Following a second, the vote was as follows: Mr. Peplow, yes; Ms. Chinnici-Zuercher, yes; Ms. Boring, yes; Mr. Sutphen, yes; Mr. Harlan, yes; and Mr. Ferrara,, yes. (Tabled 6-0.) 3. Deer has ~ Clazke esented this re Wing application whit family to with 15 acres o ,pazkland. This ev id, based u the assumptio \ that the City o lan has retain 140 of the on final lots and ad ire County line eastlwest ugh the site. . A Memo ' Drive extension mes into the ~ visibility alo g Memorial D e. A prefe ian a consultant Dublin, fora should Co cil so decide i the future. The The-study as undertaken determine the ~ development ntil Septembe 1997, but that lean, Barton schman, the s uthern corner b 'dge, plus the azk. Plan - A-~berlei~h North when pr ~ously review was for 184 ed plan h OS units and .5 acres of Alin will par a 12 acres o pazkland. 10 estate lots d 65. cluster u 'ts. The .ere is a deep ra ' e associated ith the and sweeps th south. The pa`{kland alignment was utlined by B on- between ~ is not'in tl cluster site Ms. Clazke said 's site is zoned -1, Restricted Rr rezo a it to PUD, lamed Unit De elopment Distri~ ove plan. The d city has been 'sed, but it is s recd ding approv finding this to within the Thoroug Plan. Th developer has b n going thr and has ponded favo bly to a variety f requests. ~e : ..Stratford ~a ~ roar-lane .roc version.. Acc+o Auld need to be and the Staff is recd e extremely low, ~ 'ty limits and in h 's process for Ne a conditions 1.65 du/ac. to Doyle ved for a would al f the S f is with e vav 98-0602 Belvedere Ob/OS/87 16: J4 $814 78b 9181 ( Quality Galled for Better Living ~~,c~ar~d ~-Ia~~s May 05, 1997 Mr. John Talentino .--.....City...-of .Dublin .Planning 5800 Sheir Rings Road Dublin, Ohio 43017 ROCKFORD HONES /~~ ~w '~~D lQJ UU1 ~ 11~~. SOP ~ ~~ VIA FAX 761-6566 near sir: Please Withdraw our application far change of zoning known as Erwin Tnlest 99 Acre. Parcel. We have decided not to pursue the development. Sincerely, Donald R. wick Vice President 989 Polaris Parkway Columbus, Ohi043240 (614) 785-0015 • FAX 7858181 98-0602 Belvedere RECORD OF PROCEEDINGS Minutes of Dulihi- City CounoillGteeting -~ - Page 2 ~'- __ Meeting Ms. Puskarcik r orted that a re est has been f arded to Coun in the packet regarding p ssion to serve hol in Coffin Park during the 'sh Festival. The memo in the cket describes a training and rocedures for for the event. Mayor Kra ber moved a royal of this r uest. Mr. Reine seconded the lion. - Ms de Pittalug es; Mr. Peterso yes; Mr. McCash, y ; Mr. Reiner es; Mayor stuber, yes; Mr Adamek, yes. Ms. a Pittaluga co anted that hi orically, the se ' g of alcohol has b permitted in C an Park for 's event only. t is not a waiver anted.for other ev at City Ordinance Fiscal Yea Ms. Gri~s~ yes; the Annual Aadrooriations for er 31,1998. recommends ap royal. .Adamek, yes; yor Kranstuber, Reiner, yes; . McCash, yes. Ms. Hide Ordnance No. 68 8 - An Ordina a to Adopt the Pro osed Taz Budge for Fiscal r 1999, and eclaring an Em envy. ayor Kranstu r introduced the rdinance. Ms. Grigsby led this annual 1 ~slation is required u der the Ohio R ' ed Code. By filing this in rdance with t ORC, the City is eli ible to receive 1 government funding. S will be asking r adoption by emer ncy at the public 'ng. There wil e a second read' g and public hearing t the July 6 m ' g. ~i Ordin ce No. 69-98 - n Ordinance Acce mg the Lowest a d Best Bid for wo New f Loaders an Authorizing the Ci Manager to En r into a Cont ct for Pro cement of Sai uipment. . Adamek introd ed the ordinance. . Helwig stated at staff is recomme ing the low bidde as outlined in memo. ere will be a s and reading and pub c hearing at the J 6 meeting. Ordinance No. 70-98 - An Ordinance Providing for a Change in Zoning for 104.475 Acres Located on the North Side of Brand Road, Approximately 2,400 Feet West of Avery Road, From: R-1, Restricted Suburban Residential District, to: PLR, Planned Low Density Residential District (HanseUShawnee Hills Land Company) (Applicant: Shawnee Hills Land Company, S 131 Post Road, Suite 203, Dublin, Ohio 43017 c/o Ben Hale, Jr., Smith & Hale, 37 W. Broad Street, Columbus, OH 43215) Mayor Kranstuber introduced the ordinance and moved referral to the Planning and Zoning Commission. Ms. Hide Pittaluga seconded the motion. . Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms.. Hide Pittaluga, yes; Mr. Adamek, yes. Ordinance No. 7 -98 - An Ordi»a a Providing for Change in Zor ng for 2.758 Acres Located n the North Side f Tuttle Crossi Boulevard, Ap roximately 450 Feet West of rantz Road, fro PCD, Planned ommerce Distri (Tuttle Crossi West), to: P D, Planned Com erce District (T the Crossing W t -Homestead Village). pplicant: Ben W. ale, Jr., c/o Smit & Hale, 37 W. B ad Street, Suite 2S, Columbu OH 4321 S) Mayor anstuber introduc the ordinance moved referral t 98-0602 Zonin mmission. Mr. 'ner seconded the otion. Belvedere . Reiner, yes; Mr Adamek, yes; Mr, eter. 62-98 - An nding Dece stated that st nrrlinanrp - r ,/ ~ P < ;, ,.: , ~ -: ,' I i Road. ` o ~{~ '• t 4 1 = ° ~ _ - t ~ __ `tom - pverY ' _ - 1 1 ~rr i J _ _ n ; : .'. _ ._I~ 1 ~ ~, ,a --~ ,:', ~ `t ~ y it - .o+` ` `1¢ ~ ~ ; > _--.. : ~ ~ ,1 ~ 1 9 ~ ~ ~ - __ ~_ I,I t . :.~-~" 1. 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