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007-03 OrdinanceRECORD OF ORDINANCES Blank,lnc. Ordinance No. 07-03 Passed , 20, AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR 5 ACRES LOCATED ON THE WEST SIDE OF AVERY ROAD, APPROXIMATELY 200 FEET NORTH OF BELVEDERE GREEN DRIVE, FROM: R-1, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT, TO: PUD, PLANNED UNIT DEVELOPMENT DISTRICT (CASE NO. 02-1382 - SCENIC ESTATES ON AVERY - A.K.A. HANSEL SUBDIVISION). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the following described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned PUD, Planned Unit Development District, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. ~o y P ed this ~~ day of%~~,~, . ,.. Mayor -Presiding Officer Attest: Clerk of Council Sponsor: Planning Division I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. De y Cl r c of Council, Dublin, Ohio Department of Development Division of Planning 5800 Shier-Rings Road Dublin, Ohio 43016 Phone: 614-410-4600 -Fax: 614-761-6566 CITY OF DUBLIN Memo TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Managei~a~.-5 • a DATE: February 10, 2004 i INITIATED BY: Gary P. Gunderman, Assistant Pla Director ~c~-~ RE: Second Reading for Rezoning Ordinance Ordinance 07-03 -The Scenic Estates on Avery (a.k.a. the Hansel Property) - Case #02-1382 SUMMARY: Rezoning application 02-1382 for Dublin Commons (a.k.a. the Hansel Property) was submitted in December of 2002. This application represents a change in zoning from R- 1, Restricted Suburban Residential District, to PUD, Planned Unit Development District. This PUD provides for the construction of a six single-family lots fronting onto Avery Road. No open space is provided on this plan, and a fee will be paid in lieu of parkland dedication. The Future Land Use map within the Community Plan designates this site as "Residential -Medium Density" with a range of 1-2 units per acre. As proposed, the plan indicates a density of 1_2 units per acre. If this rezoning is approved, final development plan approval by the Planning and Zoning Commission is also required prior to any construction. Recommendation: Both staff and the Planning Commission recommended approval of this PUD rezoning. On October 16, 2003 the preliminary development plan for Scenic Estates on Avery received approval from the Planning Commission with fourteen conditions (See attached Record of Action). ~ ~`~ e~it ,~ \, _.~ .- , ~ ~ -- - - __ ,~~ _ ~ -~~ ~ i i City of Dublin 02-1382 N Division of Planning Hansel Subdivision 100 0 100 200 Feet GCeer~ DC e _. \ ' _. O P O OR O N ~~C~ A ~ ytd(IT'R~~ ~ gARA551E PL v pEF.90C ~ Q DEE90E OR SZ GZ ~t ,~$~~ ROTNES•`Y ~ i. ~NS!(EATN ' l G q~i Gj . o Q- ~ INVEItURI E V M4pt.tF CT `tl z i o i„ o ,µU M q4~ ~ o OR W U ~ ~ Y U TURILL ~ N SALTCOATS ~~N ~ G ~ U t~ ~- fOE~-'R ~ ~A ~p~4~ ~ DRAKE Rn G U r ~ MOT W" p4 ~ ~, Qp,~ BELrs~ a '~^ i ~i ~ 'm 6 - ° ° ~ " ~ c c'~<E'S NNE` V CT~ ~. v N ~ e S~ T o~Q WACEWEN ~ TILE ~, uwcN ~ ,~ .~," u CT ~ -vy~ r ~ ~ a~ i ~- ~ ~ ~D J, HAYNCI( MFpTTWGNAM OR Sl RE ~ ~JNTY ~b z `~ B~NUNTY ° HANiG( ~ SITE ~A~t ~ : d ~ ~ ~ ~ U wa- °° eo ~ ~~" ° o Ko~nc~N p ,~ z }-- ~ O CT N ~ ~LO~ 1AORAY ~ Q ~ ~ CIFNFlNNAN G F, YU H z ~ SIRASeOURC CT 5 CT ~u+ a Cr ,F S 7 a OR ~ ~ 0 ~ ti'~ ~? 5 G~ .N y T `r-g~ H P {n C'P~ O ~~ Cj ~µ ~ g~oMO,t~~ ~~ ~~' F ~~ fti rTTnn ROB ~ ~ _~f. ~ Gt w o v£Op~ ~` ~ -`W pEVO ~, C Z ~A71t~-D~ 'LF~, `tea Cr c~ ~ so ouw~ w^ A ~ s ~k ° ~NNy ~, `~ p LOMBARO WAY CZ Z M~~ ~' Ny Ct ~ G~ ,.ea CT $ ~ TARTON -~"~ ~ M ~O ~ 0 O~ CIR ~~ ~'G ~i ; o SWA N w 4/j ORURY ~ m ~ CT 8~~~ ~ + O BANANE `~` ~ LOOP ~ '~ g ~ CT pe CASIIg o n ~ o ~ d CAAmF]~ ~ ~ N ~' m RINCSENO CT ~ ' ~ _ -a NrsT 1 -vr ~~! ~ ~ ~ ~Y ~ Z ``SSyyA'~ ~S W ~ ~y~";~ i ~ O~ 0 ~ ~ G ~ A aky Z100RS p ~ ~ (n o Y O ° ~~ Y ~ ~ ENKE CT~~ Rp ~ ~ QQ ('' Pl WW ° ~ ~ ~ ~ ~y ~ ~' CT W o ~ 1 ~ ~~d ~ .M19;~ MACEON C7 m p ~--o~ y ° ~ ~ ~. ~ L~rt+x ~- ti ` ~'' AU ~- LN G' i ~ O ~ 9 ~ AVOCET = z o~~ 4 W (~ ~ 4Q ~ cp^ CT x ~~ 3 s~~ Z ACAN o o ; ~ ~ ~ J ~ ~ Ho~~~''~~e DR CZ ~ ~ ~ ~ J r x «~Y puHaAnr Q. H W ~ ~ o ~ 4 ~ ~ Y ~ ~ ~ ~ V V _,,o{\~ CZ o ~ U W Nt7n~ TWRACO DR ~ ~yR w T °p = N Z ~ S2 ~ C:R E ~ ~ b ~ Li' W9 F~IOSpR ~,rON AG ST MEL ~~~tH ~ ~ ~_~ Z S ~ CT 1 ~ ~ ~ MNtSTON U1 ~ f---i ~ ~ WYN~O > W ~ CT ~- Cr ~ ~ x W N~O~ CIR ~ ~ ~ o woRS~+n,~ °~uhsaaE oR ~ z $~ 9 ~ _~ ~ wAY ~ .p~TM"" 0 3,~a{t ~ ~' ~ ° ~. o row u, «_ waNncaiio ~ wrrEa~cO~ ~ o" eR,c~osaosE oR ~ 2S G~ & aR Y~ s m EXEiIBI~` "B'. F~E~ONINO APPLIC/~TIOf~ (Code Section 153.234) ' EXPIRE D7--03 ORDINANCE NO Division of Planning 5800 Shier-Rings Road Uubhn,ohio43otb-1236 CITY COUNCIL 1ST READING ~ ~~~ ~~ Phone/tOD:614-410-0600 CITY COUNCIL PUBLIC HEARIN ~ ? t" Foa:b14-7b1-65bb CITY COUNCIL ACTION Web Site: wxw.dublin.oh.as FOR OFFICE USE ONLY Amount Received Application No: P&Z Date(s) P&Z Action: ) - MIS Fee No: Date Received: Received By: Receipt No: -- ri u~~ -- - - _ _ - - -- -~ --l ~ ~ ~ 3~~ ?-- - _ _ -- _ - Type of Request: NOTE: Applicants are highly encouraged to contact the Division of Planning at 410-4600 for assistance to discuss the P&Z review process prior to submitting a formal application. ' CHECK THE TYPE OF APPLICATION: ^ Composite Plan (§153.058) ® Preliminary Development Plan (§153.056) ^ Other (Please Describe)_____ _ ------ ----- I1. PROPERTY INFORMATION: ~ Parcel Size: Tax ID/Parcel Number: ! (Acres) 273-000414-00 S_0 Acres __ _ Property Address: $195 Avery Road - ----- ~~ Side o! Street (N, S, E, W): West Nearest Intersection: Memorial Drive ~ E~ ~ ~ ~ ~ ©_ s~r-r- ~;;`: Distance from Nearest Intersection: 25 FEET. N. S. E, b'V (Girclej from Nearest Inters~on ~, u~ _ ~- (3$ Existing Land U52 Develup~rCnl: Agricultural ~ ~ ~ ~(~ v ~ ,,,~i ~ ~ ~ (j~( Proposed Land Use Dev~topmenL Single family residential ------ --- ------- - r u+.rent or Existing Zoninq District. R_1 Requested Zoning District. p~ ! "Dumber of Acres to br Rezoned 5.0 Rezoning Application Page 1 of 5 PLA-108 Date 11113'02 Rezoning Statement: Stale briefly how the proposed zoning and development relates to the existing and potential future land use c'~aracter o' the vicinity. This is the last undeveloped parcel on the west side of Avery Road, north of Brand Road within the Dublin corporate limit. The property is adjacent to the "Belvedere" subdivision, a single family, residential development. The stub street Bellow Valley Drive" provides access directly from the Belvedere subdivision. The proposed density of the Hansel subdivision conforms with the adjacent developments; Belvedere, Shannon Glen and Muirfield Village, Phases 30 and 45. State briefly how the proposed zoning and development relates to tfie Dublin Community Plan. The Community Plan, pg. 49 (map 8) "Future Land Use" directs the city to zone the subject property with a classification of Residential. Medium density (1-2 d.u./acre). The proposed rezoning request conforms to that use_ The size of lots, diversity in planning and landscaping elements on the proposed plan meet or exceed the standards set forth within the Dublin Community Plan. Previous Application: Has an application for rezoning the property been denied by the City Council v~ithin the last twc (2) years? No It Yes, When? State the basis of reconsideration: IF A PLANNED DISTRICT IS REQUESTED. iS 1-. CO'viPOSi T E C;!~ ?nEl_IIJiINARY PLAtJ A. T TACHED? YES r t"O ~-'G 1F A PLANNED DISTRICT IS REQUESTED. IS THE PROF'OS[D GEVELOPh4ENT TEXT ATTACHED? YES ® -- NO ~ -- PLA-10Et Date 11/13!0?_ Page 2 of 5 Rezoning Application to -~ :~ L7 ~.~ NLCHJC JUOCw~~ ~~i~ ~ v~w••~~•--• TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATION AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION 14 COPIES OF LEGAL DESCRIPTION Legal description of the property to be zoned consists of ___~__ page( S~ ~{~' ~~' " ~, 14 SETS OF A SCALED, SITE/STAKING PLAN (NOT GREATER THAN 24" x 36") AND 14 SETS OF REDUCED SITE DRAWING(S) (NOT GREATER THAN 11" X 17") SHOWING: a. The site and all land 500 feet beyond the boundaries; b. North arrow and bar scale: c. Locations. size. and dimensions of alt existing and proposed conditions and structures (significant natural features. landscaping. structures, additions, decks, access ways, parking, etc.): d. Proposed Uses (Regional transportation system, densities, number of dwellings. building/unit types, square footages, parkingiopen space, etc.): e. Existing and proposed zoning district boundaries: i. Size of site in acres square feet; and g. All property lines, setbacks, street centerlines, rights-of-way. easements, and other intonnation related to the site. 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN BYz" X 1 i" AND NOT MORE THAN i 6" X 20') Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned. 14 SETS OF SCALED, DETAILED ARCHITECTURAL ELEVATIONS (IF APPLICABLE) FOR SIGNS, 14 COPIES OF ACCURATE, SCALED DRAWINGS SHOWING: a. Location of sign and sign type (wall. ground, projecting, or window) b. All dimensions of sign, including letter sizes and proposed distance from sign to grade c. Proposed copy layout and lettering styles (fonts) d. Materials and manufacturer to be used in fabrication e. Total area of sign face (including frame) MATERIAL AND COLOR SARAPLES (color chips, photos, plans or brochure of product information). Include manufacturer name and number Rezoning Application Paye 3 of 5 PLA-708 Dale 11!13/~l2 11~11IA1000. liVlV lll]VV VJ rfIVr Llltl Vvv l~~-~~~+. List all neighboring property owners within 300 feet from the perimeter of the property. Information must be in accordance with the County Auditor's current tax list Electronic copies of property owner lists are encouraged. (Use additional sheets as necessary.) -- - - - --- PROPERTY OWNER j (not Mortgage Company or Tax Service) MAILING ADDRESS ~ CITY/STATE/ZIP CODE ~ Jt"~ ~J`~~ p~ -~ { __!-' See Attached i I ----- -- i -- ---- --- -- I - --- -- - -- --- -- -- ------ ----- i ~ i i I __ ---- - ----- I I ~ -- - ---- - -- ------- -- -- -- I - --- -- -- I I ~ --- -- ---- -- ---- --- I - I I - --- - --- I __ I ----- -- --- - ' _ _ _ _ i _- - _ _ _ -- -- - ---- __. _. - --- - Rezoning Application Page 4 of 5 PLA-1 G8 Oate t 1/13102 Vl. PROPERTY OWNER /APPLICANT INFORMATION: __ ____ __-_ ________ Current Property Ovrner/Applicant: Lenker br Larson, Ltd. fvlailing Address: (Street. City, State, Zip Code) 5900 Cromdale Drive, Dublin, OH 43017 Daytime Telephone: Fax: (614) 889-0008 (614) 889-4892 ~ Vlt. r'~t"'[`GwIT ATI\IC Ir.tGnRnneTfnN• V VY IV CIS ~ nerneo~e.l .~. ---t Representative if different from property owner or applicant: ? (Also complete Section IX) _ - ------ Mailing Address: -- --_-~----- ----- ~~--- (Street. City, State, Zip Code) _ _ _--__ _____ _ ___~ Daytime Telephone: ~ Fax: VIII. PRIMARY CONTACT: Who is the primary contact person? (If different from Owner's Representative and Applicant) IX. AUTHORIZATIOtJ TO VISIT THE PROPERTY: Site visits to the property by City representatives are necessary in order to process this application. The Owner/Applicant hereby authorizes City representatives to visit, photograph and post a notice on the propeRy described in this application. X. 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 stretched 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 acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Applicant. XI XII w Tl~wl C/'\O A!_CwIT/RGPRFCFNT eTIVF• V YV IY I.(l MV ~ I, hereby authorize the owner/applicant. to act as my agenUrepresentative in all malters pertaining tc the processing and approval of this application including modifying the project. and I agree to be bound by all ranresentations and agreements made by the designated agent. -__ - Signature of Current Property Owner: Date: APPLICANT'S AFFIDAVIT: __.____- .--- -------------, i ! Stephen C. Lenker _ _ -. tl~~, apr:,c_ra<+ut!~or~z~_ ' representative, have read and understand life contents of tPus application. The ~nfonr~al~ori contained In this applicat~o;, atia~l~` i exhibits and other information submitted is complete and in all respc-cts true and correct. to the best of my knowledoe and belief. ~ Date: Signature of Applicant or Autfiorized Representative: ~ 12-02-02 ~- ---- ~ y~ -- --------- - ----- -'------- - --------- ..tn..,..- ._ /Z ~ ~~ ` ~. r _ ,, Subscribed and sworn to before me this `.__ _ -day df - `____ _..__- _ _-- _...____ __-_ 20-~ ~ -- '_ Diary PubFe.. - -i ~= ^ - EODOAE L.-LENKER _-- - -- _ _ _ ~., NOTARY PUBLIC, STATE OF OHIO " : ~ :~ ~' *~ {LY CgAY1SS10N0~lAES APf~I~ 20~ Rezoning Application Page 5 C, 5 ~ ;. ,f, 7~ `~ '-. Date t vt3'02 ~:' ' -. ~~ EXHIBIT "A" ~~a~~~~-~ ~; _~, Situated In the State of Ohio, County of Franklin, and Clty of Dublin, and more particularly doscrlbc:d as follows: Deiny a part of tl~e Ceorye ]lyndman ]iarkradcr farm of 106.90 acres In V1rg1n1n Nllltary Survey No, 5162 and iaore particularly described as follows: Ueyinninq at an Iron pin in tl~e center lino of Avery Road at the northeast corner of the aforesald lOG.90 n " `„ acres tract; 2 7 , ~ w ~ 4 thence South 1G• 15' Oast along the center line of .t~`n~.r~~ ~~ said road 615 Poet to a spike. in the center of said road; tl~e~ce South 72. 51' West ]54.19 feet to a stake (1~asslny a stakes at l0 feet; thence ]lortli 1G• 15' West G15 feet to a stake In the north !!ne of the aforesald 106.90 acre tract; theme North 72. 51' East along said north ling ]5-1,19 feet to the place of beylnning (Passing a stakes at ]24.19 feet, and containing five acres of land, wore or less, subject to all legal 1ilyhvays, Commonly known as: 0195 Avery Road, Dublin, Ul~io. Tax Parcel 1lumbcr: 27] - 414 FILE COPY tea -~.3$ ~X~t ~~~ 273-009986 ALLEN JAMES R ALLEN ANTOINETTE 8220 SHANNON GLEN BL DUBLIN OHIO 43017 273-000401 AMERICAN ITALIAN GOLF ASSN 8205 AVERY RD DUBLIN DUBLIN OHIO OHIO 43017 43017 273-009988 ANDRIEN KENNETH J ANDRIEN ANNE B 6270 CHAPEL WAY CT 32 ARNOLD SHAUNA P TR ARNOLD KEITH W T 6267 MUIRLOCH CT NORTH DUBLIN OHIO 43017 273-0078 273-010521 BELTRAN HUGO R BELTRAN LORI J 6273 ROSS BEND DUBLIN OHIO 43017 273-007833 BIGHAM KRISTA S TR 6259 MUIRLOCH CT NORTH DUBLIN OHIO 43017 273-003843 GLIBNESS JAMES M & SUSAN D 6321 MEMORIAL DR DUBLIN OHIO 43017 273-003855 CAMPBELL CHRIS 6339 CRAGIE HILL CT DUBLIN OHIO 43017 273-010537 CHEESMAN KEVIN G CHEESMAN JUDITH A 6293 BELLOW VALLEY DRIVE DUBLIN OHIO 43017 273-009990 CHEN YING 6254 CHAPEL WAY CT DUBLIN OHIO 43017 273-010544 CITY OF DUBLIN OHIO 6250 BELVEDERE GREEN BL DUBLIN OHIO 43017 273-010545 CITY OF DUBLIN OHIO 6255 BELVEDERE GREEN BL DUBLIN OHIO 43017 273-010524 COLEMAN BRADLEY E COLEMAN HEATHER 6297 ROSS BEND DUBLIN OHIO 43017 273-001849 COUNTRY CLUB AT MUIRFIELD VILLAGE 8715 MUIRFIELD DRIVE DUBLIN OHIO 43017 273-010510 DAVIDS PHILLIP H DAVIOS KELLY J 6295 BELVEDERE GREEN DUBLIN OHIO 43017 273-010514 DEMATTEO DAVID P BOLTZ-DEMATTEO 6300 BELLOW DUBLIN OHIO 43017 273-007838 OIMKE THOMAS G & KELLEY C 6252 MUIRLOCH OR DUBLIN OHIO 43017 273-007826 ERIKSON CARL A ERIKSON MARGARET E 6242 MUIRLOCH CT NORTH DUBLIN OHIO 43017 519 EWERT JON R EWERT TAWNYA S RIVA RID 6260 BELLOW VALLEY DRIVE DUBLIN OHIO 43017 273-010 273-010526 GAGER MICHAEL J GAGER SUSAN V 6313 ROSS BEND DUBLIN OHIO 43017 273-007827 GLEDHILL RICHARD E GLEDHILL TRACEY 6250 MUIRLOCH COURT NORTH DUBLIN OHIO 43017 273-010542 HEUGEL KENNETH T AMARI-HEUGEL 6304 ROSS BEND DUBLIN OHIO 43017 273-003857 JOHNSON RANDALL E 8~ CAROLE M 6353 CRAGIE HILL COURT DUBLIN OHIO 43017 273-010529 KOLOZY RENEE A STERK KENNETH W 6306 BELVEDERE GREEN DUBLIN OHIO 43017 273-010532 KOVER JEFF HAMM KEVIN 6282 BELVEDERE GREEN BL DUBLIN OHIO 43017 273-003844 KUNDTZ JON C & MINDY L 6327 MEMORIAL DR DUBLIN OHIO 43017 273-007834 LEAGUE JOHN 8 JR & DOROTHY O 6251 MUIRLOCH CT NORTH DUBLIN OHIO 43017 273-007829 LEE KWANG J LEE DO-YEON 6266 MUIRLOCH CT NORTH DUBLIN OHIO 43017 273-007828 LUCIANI BUILDERS INC 336 AVON COURT DUBLIN OHIO 43017 273-003847 LYDEN TERRENCE W TOD 6347 MEMORIAL DR DUBLIN OHIO 43017 273-010507 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010508 M/i SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010535 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010531 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010530 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010509 M/i SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010527 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010540 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010517 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-01 05 1 8 M/1 SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010515 M/1 SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010539 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010535 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-010507 M/I SCHOTTENSTEIN HOMES INC 3 EASTON OVAL, STE 410 COLUMBU OHIO 43219 273-003842 MILLER JAMES D & ROBIN A 6313 MEMORIAL DR DUBLIN OHIO 43017 273-003884 MUIRFIELD ASSOCIATION INC 8372 MUIRFIELD DRIVE DUBLIN OHIO 43017 273-003883 MUIRFIELD ASSOCIATION INC 8372 MUIRFIELD DRIVE DUBLIN OHIO 43017 273-007861 MUIRFIELD ASSOCIATION INC 8372 MUIRFIELD DRIVE DUBLIN OHIO 43017 273-003884 MUIRFIELD ASSOCIATION INC 8372 MUIRFIELD DRIVE DUBLIN OHIO 43017 273-000414 SUBJECT 8195 AVERY RD 6263 BELVEDERE GREEN BL DUBLIN DUBLIN OHIO OHIO 43017 43017 273-010506 6 NEAL SHERYL D NEAL WILLIE E NELSON CHRIS G NELSON KIMBERLY J 6320 ROSS BEND DUBLIN OHIO 43017 273-01053 273-009989 OKURA DONALD B OKURA MARILYN M 6262 CHAPEL WAY CT DUBLIN OHIO 43017 273-003848 OLDS ROBERT F ~ PAMELA S 6350 MEMORIAL DR DUBLIN OHIO 43017 273-010522 PERKINS BRAD A PERKINS DEBBIE L 6281 ROSS BEND DUBLIN OHIO 43017 273-007831 PERRY C V & CO 370 SOUTH FIFTH STREET COLUMBU OHIO 43215 273-010538 PIRRI FRANCESCO M PIRRI LOURDES G 6285 BELLOW VALLEY DUBLIN OHIO 43017 273-003851 POLANSKI PETER J 8 CAROL A 6330 MEMORIAL DR DUBLIN OHIO 43017 273-007840 RACHURI L S KUMAR RACHURI M V KALYA 6268 MUIRLOCH DUBLIN OHIO 43017 273-007841 RACHURI V MOHAN RACHURI RATHNA 6276 MUIRLOCH DR DUBLIN OHIO 43017 273-010541 RAMOS JAVIER RAMOS BRIDGETTE A 6296 ROSS BEND DUBLIN OHIO 43017 273-007837 RITCHIE RICHARD C HYCIAK SANDRA A 6244 MUIRLOCH DR DUBLIN OHIO 43017 273-010543 BOCCI JAMES A II BOCCI LEAH R 6312 ROSS BEND DUBLIN OHIO 43017 273-010534 SALIBA DAVID SALIBA SIHAM 6266 BELVEDERE GREEN BL DUBLIN OHIO x3017 273-003849 SERFATY I WILLIAM & RAYNON B 6342 MEMORIAL DR DUBLIN LIN OHIO OHIO 43017 43017 273-003846 SIDHU GURSHARN S & GURMEET K 6341 MEMORIAL DR DUB 43017 273-003850 THOMSON RAYMOND J & JENNY E OEST 6336 MEMORIAL DR DUBLIN OHIO 273-003845 TRENARY DALE TRENARY ANN 6335 MEMORIAL DR DUBLIN OHIO 43017 273-010533 VIRGINIA HOMES LTD 6274 BELVEDERE GREEN BL DUBLIN OHIO 43017 273-010525 VIRGINIA HOMES LTD 6305 ROSS BEND DUBLIN B IN OHIO OHIO 43017 43017 007830 273 WAGNER MATTHEW M BELLUCCI-WAGNER 6274 MUIRLOCH COURT NORTH L DU - 273-010523 WALTER KEVIN P WALTER SHELLEY M 6289 ROSS BEND DUBLIN OHIO 43017 273-010516 WATSON WILLIAM R WATSON LYNN C 6284 BELLOW VALLEY DR DUBLIN OHIO 43017 273-003856 WINNER MICHAEL WINNER ANN C 6345 CRAGIE HIL1 CT DUBLIN OHIO 43017 273-007839 WRAY JOHN W WRAY BARBARA A 6260 MUIRLOCH DR DUBLIN OHIO 43017 273-010520 WURM DAVID U 6265 ROSS BEND i DUBLIN OHIO 43017 (~- ~, E~ ~~ ~~ Q ~" ~• G7 L7 Li.J , ~.~ Li.. !-- ~_ L fl C u C r n ~~ ~• .ri J C J //''~~~~ LL W y ~~ 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L = to o~y~ a OCT-10-2003 17 37 CITY OF DUBLIN 614 761 6566 P.07i09 PR~PQSED TEXT SCENIC ESTATES 4N AVERY SUSDTVYSION PLAN' U1~TIT DE'V'ELOPMENT DEVELQPMENT PLAN TEST 8195 AVERY ROAD September 30, 2003 The following information is submitted in accordance with the requirements of Section 153.056 of the Dublin Zoning Code and includes a total of 5.0+/- acres. The proposed location and size of areas for residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan: Gross are$: 5.0+/- a,cres_ Total units: 6 single family lots/houses_ Cross density: 1.20 du/acre. Minimum required lot width: 100 feet. Minibuum lot area: 35,000 square feet Setback from dedicated road right-of way: on the plan. will be from 105 feet to 115 feet as noted Required minimu~no~ side yard: 20 feet combined and 8-foot minimum per side. Required minimum rear yard: 50 feet. Maximum )weight: 35 feet, as measured by Code. 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, swimming pools, decks, swing sets/play structures, satellite dish antennae, etc. Nothing herein shall prohibit over-lot grading, drainage facilities, utility lines and utility structures within no- build zones. No-build zones are shown on the site layout abutting the Belvedere subdivision boundary and along the northern and southern boundary lines. The proposed size, location and arse of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces: Avery Road Corridor: The Avery Road frontage shall be enhanced by a meandering bike path, mounding, a wood fence detail identical in size and material to the fence at the entrance to the Belvedere subdivision, the elimination of overhead utilities and beautiful landscaping to create a cohesive treatment to the west side of the Avery Road corridor, north of Brand Road. Park/open space provided: A park fee will be paid. Park/open space required: 0.37+/- acres. _..w OCT-10-2003 17 37 CITY OF DUBLIN 614 761 6566 P.08i09 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 frvzn the current termini adjacent to the proposed development area, as shown on the plan. Surface drainage shall corzaply with all applicable requirements. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other access ways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness: This site shall be limited to two (2) curb cuts off' pf Avery Road. The curb cuts shall be about 300 feet apart. The curb cuts shall be located forward of Lot 2 and Lot 5, as noted on the plan. All right-of--way for this site is being dedicated to the City of Dublin, consistent with the Thoroughfare Plan. A north-south bikepath will be installed along Avery Road as indicated on the plan. This bikepath shall be eight (8) feet wide, constructed of asphalt, and shall be built upon the approval of this PUD rezoning and obtaining of final plat approval. 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 or re-use of existing features such as topography, structures, streets and easements: Upon completion of the zoning and obtaining final plat approval, utilities will be extended to the site and construction shall commence to develop the subdivision. A tree survey shall be completed and submitted to staff prior to consideration of the final development plaza. The exterior of all homes shall be constructed of all natural materials: brick, stone, wood, stucco, and/or hardy plank. All homes shall have dimensional asphalt shingles. Garages shall be side loaded. AlI chimneys within the subdivision (either side or rear of the house) shall be constructed of brick, masonry, or stucco. The relationship of the proposed development to existing and future land use in this surrounding area, the street system, community facilities, services and other public improvements: The proposed site is located adjacent to the existing Belvedere subdivision oz~ the west arad to the south of the subject property. Bellow Valley Drive stubs into the site from the northwest, and shall be finished to meet City standards. To the east is the existing Muirfield Village Phase 45 and on the north by the Riviera Country Club. OCT-10-2003 17 37 CITY OF DUBLIN 614 761 6566 P.09i09 p'encing on all lots shall be a three-rail split rail fence with a maximurza height of 3.5 feet above finished grade with posts approximately 8 feet apart. The frontage treatment along Avery Road shall match the frontage treatment of the Belvedere subdivision. Evidence that the applicant has su,~cient control over the land to effectuate the proposed development pla~a_ Evidence of control includes property rights and the engineering feasibility data, which may be necessary: The applicant is the authorized purchaser of the property, which is the subject of this rezoning. r' Appli teve Le er ~ o ^~3 -03 Date TOTAL P.09 PLANNING ANU 7.ON[NG COMMISSION RECORD OF ACTION OCTOBER 1G, 2003 CITI' OF DUl3L1!_ vision o{ Pknning 00 Shier-Rings Road {~ n, Ohio 43016-1236 Phone/(DD:614-410-4600 {ax:614-161-6566 Web Site: www.duhlin.oh.us The Planning and Zoning Commission took the following action at this meeting: 2. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Location: 5.0 acres located on the west side of Avery Road, about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District. Proposed Use: Asingle-family subdivision of six lots and no open space. Applicant: Lenker and Larson, Ltd., 5900 Cromdale Drive, Dublin, Ohio 43017. Staff Contact: Mark Zuppo, Planner. MOTION: To approve this rezoning application because the density for this site is consistent with the Community Plan, the land use is appropriate, and is consistent with the Community Plan, and it enhances the scenic character along Avery Road, with 14 conditions: 1) That the park fee of $14,615 be paid prior to recording of the final plat; 2) That no-build zones be noted on the preliminary development plan, subject to staff approval; 3) That all the driveway approach. areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating restricted access and a shared driveway requirement for Lots 1 - 3 and Lots 4 - 6; 4) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers be noted on the plat; 5) That a revised tree preservation and replacement plan be submitted; 6) That a written assessment, prepared by a certified arborist, of damage to trees numbered 4, 5, 7, and 8 as identified by the tree preservation plan, be submitted for review next spring, and that if the preserved trees cannot adequately recover, they be removed by the applicant and corresponding inches be replaced; 7) That all additional sanitary sewer taps be approved by the City Engineer; 8) That pruning/dead wooduig be performed to reduce any danger to users of the bikepath or surrounding areas; Page 1 of 2 PLANNING AND ZONING COMMISSION RECORD OF ACTION OCTOBER 16, 2003 2. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision 9) That the water services be bored beneath Avery Road, and that there be no open cutting of Avery Road; 10) That Bellow Valley Drive be developed into aturn-around subject to City Engineer approval; 11) That all additional sanitary sewer taps be approved by the City Engineer; 12) That all storm water management, easements and catch basins meet City requirements subject to staff approval; 13) That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council; and 14) That the six mailboxes be installed in a uniform manner, subject to staff approval. * Steven Lenker agreed to the above conditions. VOTE: 6-0. RESULT: This rezoning application was approved/tabled disapproved. It will be forwarded to City Council with apositive/negative recommendation. NOTE: Conditions 7 and 11 are identical. STAFF CERTIFICATION Acting Planning Director Dublin Planning and Zoning Commission Staff Report -October 16, 2003 Page 5 2. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Location: 5.0 acres located on the west side of Avery Road, about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District. Proposed Use: Asingle-family subdivision of six lots and no open space. Applicant: Lenker and Larson, Ltd., 5900 Cromdale Drive, Dublin, Ohio 43017. Staff Contact: Mark Zuppo, Planner. . UPDATE: A previous proposal for this site was disapproved at the July 10, 2003 Planning and Zoning Commission meeting. It included eight lots, situated along a cul-de-sac extension of Bellow Valley Drive, and it was forwarded to City Council. The bases for disapproval were: 1) The setback from Avery Road did not provide for the intended scenic corridor established in the Community Plan; 2) The density exceeded that of surrounding developments; 3) The appearance from Avery Road was out of character with surrounding development; 4) The layout failed to maintain the minimum required buildable depth for all lots; 5) The text did not adequately address architectural detailing of lots backing up to Avery Road; and 6) Tree preservation problems were unresolved. This revised proposal is listed under the same case number, however substantial changes have been made to the application. This site was recently rezoned R-1, Restricted Suburban Residential District, as a part of the City's ongoing effort to establish Dublin zoning throughout the City (See Record of Action 03-054Z). BACKGROUND: The Commission approved a final plat for four lots fronting Avery Road on this property on September 6, 2001. The applicant however has abandoned that proposal (01-070FP). Site work for the four-lot proposal has occurred. Sewer and water lines have been extended, overhead utility lines have been buried, the bikepath has been rough graded, and construction commenced on the turnaround at the dead-end of Bellow Valley Drive. In 1993, a concept plan for the adjacent parcel to the west was approved, and it recommended incorporation of the Hansel site. The adjacent land (Belvedere) was zoned in 1998, but the Hansel property was never incorporated into that plan. The fundamental purpose of the PUD is to permit flexible, alternative development that is designed in a coordinated, comprehensive manner. A PUD should preserve the natural quality and character of the land consistent with accepted land planning, landscape architecture and engineering principles. The preliminary development plan (rezoning) is the second of three PUD stages, and it is binding. It establishes the permissible uses, density, development standards and serves as the preliminary plat. Section 153.056 sets forth criteria for approval: • The proposed development complies with the purpose, intent and standards of the zoning ordinance, development text, Code, and prior conditions of approval; Dublin Planning and Zoning Commission Staff Report -October 16, 2003 Page 6 • The proposed development is consistent with sound zoning, planning and design techniques and conforms to applicable plans; • The development uses a variety of land uses incorporating proper relationships of proposed land uses and structures; and • The proposed development exhibits proper density and development standards. The Commission is to make its recommendation on this rezoning application and forward it to City Council for a public hearing and final vote. Atwo-thirds majority vote is necessary to override a negative Commission recommendation. If approved by Council, the rezoning will take effect in 30 days. All development is subject to final development plan approval by the Commission prior to any construction. CONSIDERATIONS: Site Characteristics: The site contains five acres, and has 600 feet of frontage on the west side of Avery Road, with a depth of 354 feet. It is located just south of Memorial Drive, and is zoned R-1, Restricted Suburban Residential District. The topography is relatively flat and open with trees located on the southern end. The site is bordered to the west and south by the Belvedere subdivision zoned PLR, Planned Low Density Residential District. It was approved at 1.78 dwelling units per acre but has been built out at 1.55 units per acre. The site backs up to lots on Ross Bend. To the north is the Riviera Golf Course zoned R-l. Immediately to the east, across Avery Road, are Muirfield Village, Phases 30 and 45, zoned PUD with an overall density of 1.3 dwelling units per acre. Community Plan Issues: • The rezoning plan proposes six single-family lots with a density of 1.20 dwelling units per acre. The Community Plan preferred land use is residential with a recommended density of one to two dwelling units per acre. The Thoroughfare Plan projects a need for right-of--way of 60 feet for Avery Road. The plans indicate dedication of the required right-of--way. The Community Plan designates Avery Road as a scenic road, and recommends maximized setbacks to preserve its character. The 175-foot setback for Belvedere to the south is an open space reserve, and houses are 210 feet from Avery Road. The parking at Riviera is set back 25 feet and the building is set back 225 feet. Continuing a 175-foot setback would be difficult on this site due to its shallow depth (354 feet). Parts of Reserve "NNNN" in Muirfield, Phase 45 and Reserve "0000" in Muirfield, Phase 30 are directly across Avery Road, and the nearest house is set back 75 feet. Site Layout: The plan consists of six lots that are 102 feet wide and 354 feet deep. The average lot area is 36,298 feet (0.83-acre). The homes will face Avery Road, and incorporate a setback of 105, 110, or 115 feet. The site will have two shared driveways, each serving three lots. These driveways are about 300 feet apart and located on Lot 2 and Lot 5. The plat will need a note identifying shared driveway requirements and prohibiting additional access. A bikepath is proposed in the front of the lots, along Avery Road. A portion of the bikepath is located within the right-of--way, and the remainder is shown within a 15-foot Dublin Planning and Toning Commission Staff Report -October 16, 2003 Page 7 bikepath easement. This bikepath will complete the system on the west side of Avery Road between Brand and Glick Road. The proposal includes no parkland. The required dedication for this proposal is 0.37 of an acre, which is too small for consideration. Under Section 152.086, the park fee will be $14,615, based on the established cost of $39,500 per acre. The fee, in lieu of park dedication, is to be paid prior to recording of the final plat. Access, Utilities and Storm Water: On the west side of the proposed development is a road stub for Bellow Valley Drive. This proposal does not use the road extension. Staff recommends finishing the Bellow Valley Drive street stub, into a turnazound, subject to approval by the City Engineer. Open cutting of existing Avery Road for the extension of water services will not be permitted. The additional water services will need to be bored under the road. Staff would recommend extending a storm water catch basin at the rear of Lots 2 and 3 and designating this area as a utility easement. The developer also needs to demonstrate conformance with the Stormwater Regulations. An 8-inch sanitary sewer has been installed along the Avery Road frontage. Additional taps will require approval by the City Engineer. The new subdivision regulations require placing utility boxes, transformers, and similar mechanical equipment in the rear yazd. These also need to be screened by landscaping. Development Standards: The development text requires a minimum lot area of 35,000 square feet. All six lots are shown as 36,298 square feet. Only one house is permitted on a lot. The required minimum lot width is 100 feet at the building line, and each of the proposed lots is 102 feet wide. The text and plans indicate that front building setbacks will be between staggered 105 and 115 feet. The combined side yard requirements are 20 feet with a minimum of eight feet on each side. The rear yard requirements for these lots will be 20 percent of the lot depth with a minimum of 25 feet and a maximum of 50 feet. The maximum building height is 35 feet. No-build zones are not shown on the plans. Staff recommends that the plans be revised to include no-build zones along the rear property line and side property lines where abutting pen space. Landscaping/Tree Preservation: Code requires 14 street trees to be planted 45-50 feet apart. The proposed plan indicates a total of 28 street trees (sweet gum) along the proposed bikepath. Due to the bikepath configuration, and the limited right-of--way, the street trees are too close together. Staff recommends that the required (14) street trees be planted 40-45 feet on center east of the bikepath, and that the remaining 14 trees be placed on the west side of the bikepath, in a staggered design. The tree replacement plan indicates 52.5 caliper inches of protected trees to be replaced. The replacement trees are located at the rear of the lots, and they should be planted in a no- build zone. The preservation plan identifies one tree to be removed totaling 14 inches. Revised tree preservation and replacement plans are needed. The original house was burned down as a part of fire training exercise, and trees 4, 5, 7, and 8 were damaged. The trees have responded from the significant loss of leaves by Dublin Planning and Zoning Commission Staff Report -October 16, 2003 Page 8 creating spur growth, but with weak branch attachments. Staff recommends that the applicant provide a written assessment of these trees from a certified arborist for review next spring. If these damaged trees cannot regenerate, they will need to be removed. The four damaged trees total 81 caliper inches. A sanitary sewer will be installed about 15 feet away from the large cottonwood tree on the west side and a bikepath on its east side. Excavation will significantly damage the root system and follow-up pruning/dead wooding is needed. An initial pruning should be performed to remove all dead branches on the cottonwood and other trees on site. In any event, care must be taken to perform construction operations that minimize disturbance to the protected trees. City landscape inspectors should be present for any pruning. STAFF RECOMMENDATION: This application has been altered substantially for the better since it was in front of the Commission in July. The proposal is much more consistent with the rest of the Avery Road corridor, and is also similar to the layout of the final plat that was approved two years ago for this site. The density is lower, setbacks from Avery Road are increased, and the appearance is in keeping with the character of surrounding developments. In light of these improvements, staff is recommending approval of this preliminary development plan with 13 conditions. Conditions: 1) That the park fee of $14,615 be paid prior to recording of the final plat; 2) That no-build zones be noted on the preliminary development plan, subject to staff approval; 3) That all the driveway approach areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating restricted access and a shared driveway requirement for Lots 1 - 3 and Lots 4 - 6; 4) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers be noted on the plat; 5) That a revised tree preservation and replacement plan be submitted; 6) That a written assessment, prepared by a certified arborist, of damage to trees numbered 4, 5, 7, and 8 as identified by the tree preservation plan, be submitted for review next spring, and that if the preserved trees cannot adequately recover, they be removed by the applicant and corresponding inches be replaced; 7) That all additional sanitary sewer taps be approved by the City Engineer; 8) That pruning/dead wooding be performed to reduce any danger to users of the bikepath or surrounding areas; 9) That the water services be bored beneath Avery Road, and that there be no open cutting of Avery Road; 10) That Bellow Valley Drive be developed into aturn-around subject to City Engineer approval; 11) That all additional sanitary sewer taps be approved by the City Engineer; 12) That all storm water management, easements and catch basins meet City requirements subject to staff approval; and 13) That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council. Dublin Planning and Zoning Commission Staff Report -October 16, 2003 Page 9 Bases: 1) The density for this site is consistent with the Community Plan. 2) The land use is appropriate for this site, and is consistent with the Community Plan. 3) The plan, as revised, enhances the scenic character along Avery Road. Dublin Planning and Zoning Commission Minutes -October 16, 2003 Page 9 2. Rezoning 02-1382 - Preliminary Developmeut Plan -Hansel Subdivision Mark Zuppo said this case was disapproved at the July 10, 2003 meeting. That proposal was for eight lots along an extension of the Bellow Valley Drive cul de sac which stubs into this site at the northwest corner. This application has been changed substantially since that time, and is much more in line with what was originally approved for the site in 2001. The site is located on Avery Road, north of Brand Road. It is zoned R-1, Restricted Suburban Residential District. The applicant is requesting a rezoning to PUD, Planned Unit Development District. Mr. Zuppo showed a slide of the new site layout for six lots. The density is 1.2 du/ac. Two access drives are proposed, one per three lots. The lots are all 0.83 acres. A bikepath meanders in and out of a bikepath easement to the front (east) of the lots. Replacement trees are shown to the west on the rear of the lots. All lots front onto Avery Road. The building setbacks have been increased to a minimum of 105 feet, staggering from 105 to 11 S feet, 105, 110, and then 115 feet for the third and fourth lots and then staggering back to 110 and 105 feet moving north. Mr. Zuppo said Bellow Valley Drive has not been finished. to the satisfaction of the City Engineer. All the lots will be 350 feet deep and 120 feet wide. In lieu of the required .37 acres of parkland, a fee will be paid. A slide showed the proposed landscaping and fencing treatment coincides with the neighboring developments' treatment along Avery Road. Mr. Zuppo said staff is asking that the street trees be 45 to 50 feet on center aligned along Avery Road and staggered to the west of the bikepath. Mr. Zuppo said staff believes this proposal is much more appropriate with the Avery Road corridor and its setbacks, it is lower in density, and it is much more in line also with what was approved previously in 2001. He said staff is recommending approval with 13 conditions: 1) That the park fee of $14,615 be paid prior to recording of the final plat; 2) That no-build zones be noted on the preliminary development plan, subject to staff approval; 3) That all the driveway approach areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating restricted access and a shared driveway requirement for Lots 1 - 3 and Lots 4 - 6; 4) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers be noted on the plat; 5) That a revised tree preservation and replacement plan be submitted; 6) That a written assessment, prepared by a certified arborist, of damage to trees numbered 4, 5, 7, and 8 as identified by the tree preservation plan, be submitted for review next spring, and that if the preserved trees cannot adequately recover, they be removed by the applicant and corresponding inches be replaced; 7) That all additional sanitary sewer taps be approved by the City Engineer; 8) That pruning/dead wooding be perforn7ed to reduce any danger to users of the bikepath or surrounding areas; 9) That the water services be bored beneath Avery Road, and that there be no open cutting of Avery Road; 10) That Bellow Valley Drive be developed into aturn-around subject to City Engineer approval; ll) That all additional sanitary sewer taps be approved by the City Engineer; Dublin Plamling and Zoning Commission Minutes -October 16, 2003 Page 10 12) That all storm water management, easements and catch basins meet City requirements subject to staff approval; and 13) That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council; Steve Lenker said they had worked with staff for a long time to find a plan that is both good for the community, and in line with the needs of the property owners surrounding the parcel, and also staff and the Commission's previous comments. He said most of the improvements are already in and were approved by the City Engineer for the 2001 four-lot subdivision. The addition of two sanitary and water taps that needs to be made with the 16-inch line across the street. The bikepath has not been laid. They agreed with the above 13 conditions. Mr. Lenker said he was aware the contractor did not install the turnaround correctly. He asked if it was that the same sort of turnaround the City Engineer approved on the prior application. Paul Hammersmith clarified that he was not aware of the City accepting a~ of the public improvements constructed approximately two years ago. He stated that he will not conditionally accept any public improvements as is frequently done, based on prior experience with the applicant. Mr. Hammersmith said there were construction problems with the turnaround, although he could not give the specific details at this time. Mr. Lenker said he was only referring to the inspections being done, not that they were actually accepted. He said it was inspected and air tests, etc. were done on the improvements completed. Mr. Lenker said a storm sewer extension requested between Lots 2 and 3 was an engineering issue, but they do not currently have an easement. The catch basin was not on their property. Mr. Gerber noted that a letter had been distributed to the Commission from Kevin Walter who was in support of this application. Mr. Zimmerman said he would like to see a uniform mailbox design for the six lots. Mr. Gerber added Condition 14: That mailboxes be installed in a uniform manner, subject to staff approval. Mr. Lenker agreed to the condition. Ms. Boring verified that the front treatment along Avery Road would match the abutting one. Mr. Gerber said it will be subject to staff approval. Mr. Lenker said they intended to present the treatment tonight, but their graphic person did not deliver them in a timely basis. He said it was their intent to extend the Belvedere split rail fence in the same specification along the entire frontage, only terminating on each end of the ingress/egress for the specific lots. Mr. Zuppo said that was noted in the text and staff would make sure it is can-ied out. Ms. Boring was glad to see there was an Avery Road corridor text. Mr. Messineo wanted to give the City Engineer a chance to state the issues before he voted. Mr. Gerber said in the interest of this meeting moving along, Mr. Hammersmith should explain. Mr. Hammersmith summarized that this was a previously approved subdivision, and there were public improvements installed, but he did not want the Commission to believe that they had been accepted by the City because they had not. It was a critical element to any subdivision in order Dublin Planning and Zoning Commission Minutes -October 16, 2003 Page 11 to get building permits. Mr. Messineo asked if that should have been added as a condition. Mr. Hammersmith said no, it was a routine item. Mr. Gerber made the motion to approve this rezoning application because the density for this site is consistent with the Community Plan, the land use is appropriate, and is consistent with the Community Plan, and it enhances the scenic character along Avery Road, with 14 conditions: 1) That the park fee of $14,615 be paid prior to recording of the final plat; 2) That no-build zones be noted on the preliminary development plan, subject to staff approval; 3) That all the driveway approach areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating restricted access and a shared driveway requirement for Lots 1 - 3 and Lots 4 - 6; 4) That all service structures be located in the rear yard and be frilly screened by evergreen material subject to staff approval, and that all utility providers be noted on the plat; 5) That a revised tree preservation and replacement plan be submitted; 6) That a written assessment, prepared by a certified arborist, of damage to trees numbered 4, 5, 7, and S as identified by the tree preservation plan, be submitted for review next spring, and that if the preserved trees cannot adequately recover, they be removed by the applicant and corresponding inches be replaced; 7) That all additional sanitary sewer taps be approved by the City Engineer; 8) That pnming/dead wooding be performed to reduce any danger to users of the bikepath or surrounding areas; 9) That the water services be bored beneath Avery Road, and that there be no open cutting of Avery Road; 10) That Bellow Valley Drive be developed into aturn-around subject to City Engineer approval; 11) That all additional sanitary sewer taps be approved by the City Engineer; 12) That all storm water management, easements and catch basins meet City requirements subject to staff approval; 13) That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council; and 14) That the six mailboxes be installed in a unifornl manner, subject to staff approval. Mr. Zimmerman seconded the motion, and the vote was as follows: Ms. Boring, yes; Mr. Sprague, yes; Mr. Saneholtz, yes; Mr. Messineo, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 6-0.) Mr. Gerber said this was a preliminary development plan, and the Commission would see it again. He was sure that by that time, the City Engineer and the applicant will work out their differences. He thanked the applicant and also staff. He said they could now safely say they have what he thought was a good product, not only for the developer, but for also for the commmlity. He thanked everyone for their hard work. R-1 PUD PUD PUD co R-1 PUD PLR '~ PUD L _ O~ m .w ~ -1 PLR 1 R-1 City of Dublin 02-1382 Division of Planning Hansel Subdivision N 0 250 50Qeet PROPOSED SITE PLAN 1 ~ .. --- ___ ~ ~;. ------ ~ I ~;g ~t. 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Ms. Brautigam stated that a study session is scheduled for Monday, September 8 to review water and sewer extensions to unserved areas in follow-up to the CIP budget sessions. Mr. Liddell should attend that meeting. She added that there has been a request from some citizens to reschedule the study session, due to the fact they cannot attend. Mr. Kranstuber asked if Mr. Liddell's area has been studied. Ms. Brautigam responded that the studies done by the Community Services Advisory Commission included all areas of the City which are curcently unserved. Mrs. Boring recalls that the area was studied and design was done. She believes that fhe residents were told to wait until the developer extended the sewer lines further east in the Wyandotte Woods area. This discussion also came up in regard to the repaving of Summitview. She suggested that staff provide background information on the topic. Mr. Hammersmith stated that a preliminary alignment study with associated costs was done by CDM. It was predicated on the sewer being extended through Wyandotte Woods as it developed over to Summitview. This information is reflected in material to be discussed on September 8. The Trails End Orive area and Mr. Liddell's area would benefit from this sewer. But the Wyandotte Woods development was to provide the initial portion of that sewer extension. Staff will research the history on this matter. Discussion followed about the possible rescheduling of the September 8 study session. It was the consensus of Council to reschedule the session for Monday, September 29 at 7 p.m. The September 8 session was cancelled. LEGISLATION SECOND READING/PUBLIC HEARING-ORDINANCES ZONING Ordinance 65-03 Establishing Dublin Zoning for 11 Parcels Comprising an Area of Approximately 154 Acres, As Annexed from Washington and Concord Townships in 1973, and Jerome Township in 1988, Located to the North of Brand Road, on Both Sides of Avery Road, as: R-1, Restricted Suburban Residential District and R, Rural District. (Case No. 03-0542 -Northwest of Brand/Muirfield Intersection area rezoning) Mayor McCash moved to waive the Rules of Order and read 65-03, 67-03 and 68-03 together. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Ordinance 67-03 Establishing Dublin Zoning for 17 Parcels Comprising an Area of Approximately 47.65 Acres, as Annexed from Washington Township in 1974 and 1988, Located Generally North of Brand Road, West of Dublin Road, to: R-1, Restricted Suburban Residential District. (Case No. 03-0562 -North of Brand, Ashbaugh to Dublin Road area rezoning) Ordinance 68-03 Establishing Dublin Zoning for 121 Parcels Comprising an Area of Approximately 217 Acres, as Annexed from Washington Township in 1974, Located on the West Side of Dublin Road, Approximately 300 Feet North of Rushwood Drive, as: R-1, Restricted Suburban Residential District. (Case No 03-057Z -River Forest rezoning) Ms. Clarke stated that Legal staff has strongly encouraged this effort to establish official Dublin zoning classifications for all parcels in the City. She noted that sometimes in the past, zonings were established by a less than full public hearing, full public notice and at times, by motion of Planning Commission. In any case, staff has undertaken a methodical review of the full zoning history of all parcels in Dublin. For those parcels where Dublin zoning has not been established by ordinance, it is now being done. Ordinance 65-03 relates to parcels north of Brand and on the east and west sides of Avery Road, including part of the Riviera Golf Course and the reserve that is part of Phase 43 greenspace within Muirfield Village. Ordinance 67-03 relates to several large lots along Dublin and Brand Roads. Ordinance 68-03 relates to River Forest neighbofiood and includes 121 parcels. RECORD OF PROCEEDINGS MinutcSOf__- --_--_-- ----- -__._-__DublirtCilyCouncil_ --_-- -----_---~~I_ce[ng_ Held August 18, 2003 Page 5 Public meetings were held with the neighbofioods at the Rec Center and there is no opposition, as far as she is aware. The three ordinances have been forwarded by P&Z with a recommendation for adoption. One ordinance includes a parcel which is currently being reviewed for a PUD zoning district and is in process. A condition appended by the Planning Commission does not apply in this case. Mayor McCash invited public testimony. Ron Geese. 5584 Brand Road stated that they are in support of the ordinance to establish zoning. He reminded Council and staff that he resided in this location in 1974 and that he and his neighbors are by now entitled to City services. They are fighting to obtain water and need an easement from the City through the parkland at Bristol Commons. Water service will be expensive for them to obtain, yet their well is not reliable due to continuing electric outages. There have been nine outages this year. Sewer is not available to this area. The City is requesting this zoning, but at the same time, they believe the City has an obligation to help them. Another issue is a neighbor at 5056 Brand Road with two nearly abandoned houses with junk cars on the site. The City has an obligation to keep those areas maintained. He is not certain if the City is aware of this situation. In conclusion, he noted that they are in agreement with the zoning action but believe they are entitled to some services at some price. They are asking for a staff person to be assigned to work with them to obtain these services. Ms. Brautigam responded that Ken Richardson has been working with Mr. Geese on this matter. She will follow up on this. Mr. Geese added that his property and the Campbell property are inGuded on an old distribution line for electric services. Some of the service areas are not up to date. They experience frequent outages, and any help from the City in resolving this would be appreciated. Mrs. Boring noted that Ms. Brautigam is aware of another resident with an electrical service problem. Ms. Brautigam stated that staff would investigate and report back. Mr. Lecklider asked for clarification of the property with maintenance issues. Is this in the township or in the City? Ms. Clarke stated that there was some confusion about this, but the property is within the City jurisdiction and Code Enforcement will be notified. Ms. Chinnici-Zuercher noted that there are three properties: one has an abandoned house with high grass; one has two abandoned cars in the field; and a third property has a car in the front yard. Ms. Clarke clarified that the third property is in the township, although the owner lives in Dublin. Staff will follow up on this and notify the township officials. Mr. Kranstuber asked if Mr. Geese's water service issues will be addressed on September 29 or if this is a localized issue. Ms. Brautigam responded that Mr. Richardson would work with him on this issue. Mr. Kranstuber asked how the electrical service issues would be handled. Ms. Brautigam stated that staff has a liaison at AEP and she will be contacted. There is a similar situation on the east side of the river which Mrs. Boring alluded to. Tracy Ingram 5035 Ballybridge Drive, Wellington Place noted that her properly is adjacent to the property Mr. Geese has referenced. The property is infested with ticks and is not mowed. She supports the P&Z recommendation for zoning. She suggested in regard to the adjacent property at 5056 Brand Road that the water runoff problem be addressed. The seven lots in Wellington behind this area required an underground French drain file which took away a portion of their yards. Because of the tree Tine and its preservation, they were willing to have the drainage file installed. They hope that the tree area will be preserved. She supports the zoning, as do the neighbors. Brief discussion followed about code enforcement for the weed situation and abandoned cars. Ms. Brautigam responded that this will be investigated and action taken immediately. Ms. Ingram offered that this area was not annexed to Dublin until last year and that previous complaints to the township did not generate any response. ~„ _ ., RECORD OF PROCEEDINGS Dublin City Council _ Mccting__ ~~ August 18, 2003 Page 6 II Vote on Ordinance 65-03: Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes. Vote on Ordinance 67-03: Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Ms. Salay, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes. Vote on Ordinance 68-03: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes. CAPITAL IMPROVEMENTS PROGRAM Ordinance 69-03 Adopting the 2004-2008 Five-Year Capital Improvements Program. Ms. Grigsby stated that the memo provides an update on any requests for modifications to the CIP made by Council. In addition, staff has attempted to address the issues and concerns raised by Council in the meetings and follow-up matters have been identified. Also included is a revised spreadsheet, based on Council's direction, and the final CIP document. Ms. Salay thanked staff for the follow-up memo. Vote on the Ordinance: Mrs. Boring, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. CODE AMENDMENT Ordinance 76-03 An Ordinance Amending the Dublin Codified Ordinances, Section 153.002 - Definitions, to Define Minor Plan Modification. (Case No. 03-066ADM) Ms. Brautigam stated that this item has been returned to Council with a recommendation for adoption from P&Z. Mr. Lecklider asked for confirmation of whether this was this a special session of PS~Z. There were only four votes cast. Ms. Clarke confirmed that this was an Administrative Meeting and only four members were present. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. ANNEXATION Ordinance 79-03 Accepting an Annexation of 2.42+/- Acres from Perry Township, Franklin County to the City of Dublin. Ms. Brautigam stated that this annexation involves right-of-way. There is no further information to report. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. BID Ordinance 82-03 Accepting the Lowest and Best Bid for Pavement Marking Services and Authorizing the City Manager to Enter into a Contract for Procurement of Said Services. Vote on the Ordinance: Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes. COMPENSATION PLAN Ordinance 83-03 Amending Section 10 ("Medical, Dental, Vision, and Life Insurance") of Ordinance 98-96 (Compensation Plan for Non-Union Personnel.) Ms. Brautigam reported that there is no additional information on this item. Mr. Kranstuber commented that the ordinance is consistent with the recommendations of the Administrative Committee. Mayor McCash thanked the Committee for their hard work on this difficult matter. Ms. Chinnici-Zuercher added that Mr. Harding and staff did an excellent job of maintaining communication with the employees and obtaining feedback during the process. Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms_ Salay, yes. PLANNING AND ZONING COMMISSION RECORD OF ACTION JULY 31, 2003 ._crr~ ~-r nl lt1.l Division of Planning 5800 Shier-Rings Road The Planning and Zoning Commission took the following action at this meeting: "~ ~~iblin, Ohio 43016-1236 ie/TDD:614-410-4600 3. Area Rezoning Application 03-0542 - Northwest of Brand/Muirrield Fax: 614-161-6566 I n ters ectio n Web Site: www-dublin.oh-us Location: 11 parcels comprising an area of approximately 154 acres, as annexed from Washington and Concord Townships in 1973, and Jerome Township in 1988, generally located to the north of Brand Road, and on both sides of Avery Road. Existing Zoning: Township Districts. Request: Review and approval of an ordinance to establish Dublin R-1, Restricted Suburban Residential District and R, Rural District zoning. Property Owners: Dublin Local School Board of Education, 7030 Coffman Road; Lenker and Larson Ltd., 5900 Cromdale Drive, Suite 100; William and Charlotte Miller, 8050 Avery Road; Ralph and Inez Paglieri, 8000 Avery Road; Elyse and Timothy Hegenderfer, 6230 Brand Road; Stephen Lenker, 6040 Brand Road; Muirfield Association, Inc., 8372 Muirfield Drive; and American Italian Golf Association, 8205 Avery Road. Above listed addresses are located in Dublin, Ohio 43017. Barbara and Jennings Allen, 733 North Wilson Road, Columbus, Ohio 43204. Applicant: City of Dublin, c/o Jane S. Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Planner. MOTION: To approve this rezoning application because it will provide an appropriate Dublin zoning classification for effective land use administration, will maintain the established development pattern, and will establish land uses consistent with the Community Plan, with the condition that if the Hansel Property (File No. 02-1382) rezoning application is approved by City Council, prior to this moving forward, that the site will be deleted from this rezoning. * Barbara Clarke, Planning Director, accepted the above condition. VOTE: 4 - 0. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation- STAFF CERTIFICATION fr~. ~ft t ~ ~i l,lr. ~- - . Barbara M. Clarke Planning Director 02-1382 Preliminary Development Plan Hansel Subdivision ;ian a( Plarnring Shier-Rags Qoad Ov61in, Ohio (3016-1236 iiock/(00: 614-761 X550 faz: 614-161 bSbb NeL Site: vrww.du6lin-oh-us PLANNIhIG AhiD ZONIhIG COMMISSION IZCCORD OP ACTION November 2, 2000 The Planning and Zoning Commission took the following action at this meeting: 3_ Preliminary Plat 00-101PP Hansel Property Location: S acres located on the west side of Avery Road about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: Review and approval of a preliminary plat under the provisions of Section 153.020. Proposed Use: Pour single-family lots. Applicant: Quin Abbey LLC, 6189 Memorial Drive, Dublin, Ohio 43017; represented by Hockaden & Associates, c/o Kura Ziessler 883 North Cassady Avenue, Columbus, Ohio 43219. MOTION: To approve this preliminary plat because it conforms to the Conununity Plan, provides interconnection with surrounding neighborhoods and Avery Road, and ec~hances the scenic character along Avery Road, with 13 conditions: 1) That all storm water management, easements and catch basins meet City requirements subject to staff approval; 2) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers are noted on the plat; 3) That the building setback be increased l0 100 feet; q) That the tree replacement note be changed to indicate the developer is responsible for the replacement trees, that the tree survey, replacement plan and preservation plan be completed, and that the street trees be located in the right-of-way and Properly spaced, subject to staff approval; S) Thal the bike Path be located within a dedicated bike Path easement and carried across tl-c driveways at the narrowcsl point in the driveway and that the driveways be set back to facilitate the bikepa(h crossing; 6) That water service will need to be bored bcncatlt Avery Road; 02-1382 Preliminary Development Plan f'agc 1 of 2 Hansel Subdivision PLAi~IN[hIG AND ZON[i~IG COMMISSION RECORD OF ACTIOhI Novcnrbcr 2, 2000 3. Prclinrinary P(af 00-lO1PP Hansc[ Properly (Coa[inucd) 7) That the developer be required to terminate Valley Drive according to City standards, subject to City Engineer approval; 8) That all the driveway approach areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating a shared driveway agreement between Lots 1 and 2, and Lots 3 and 4; 9) That the park fee of $12,000 be paid prior to recording of the final plat; 10) That 14 trees (not including required street trees or replacement trees) be planted along the Avery Road bikepath easement, according to staff approval; 11) That the bikepath be constructed of asphalt to continue the system currently in place along Avery Road; 12) That fencing meet the standards of Beleyedere and there be no fencing permitted within the front setbacks. That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council; and 13) That minor revisions be made to the plat and that all applicable conditions be met, subject to staff approval, prior to being scheduled for review at City Council. * Steve Lenker, Quin Abbey LLC, agreed to the above conditions. VOTE: 7-0. RESULT: This preliminary plat was approved. It will be forwarded to City Council with a positive recommendation. STAi'F CERTIFICATION , i Core heuerkuaf Planner 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and `Coning Commission Minutes -November 2, 2000 Page 8 ,.. S) ~, , 6) 7) Mr. s Y s, P 1) That the t corrals be remo .d or a revised d ~clopmen( plan b submitted showi< < the cart corrals b submitted by Dcc ber 3 1, 2000; That no additi al lighting be add to the parking to ~n the rear of the s ppuig center, That no outdoor Baker system be i stalled; 4) That the pavemen n the east side of e building, behin errant spaces 23-~ , be striped and i entified properly; T t landscaping at imeter insp lion date; That t balance of the re them That si with the text: " ese of the dun ster gates. McCall agre to the above con ~tions. Mr. Peplc follows: Mr. Ca ep, yes; Mc Fis an, yes; Mr. Le Mr. Pe low, yes, nd Ms. Boring, y (Rezoning Center be rought into compl5~nce by the April~6, 2001 re- ents within imeter Center be amtained; and gates must be dosed at all times' e mounted on ide ended the mote ,and the vote waa yes; Mr. Sprag ,yes; Ms. Salay, ed 7-0.) Ms. ring made a mote to approve the c ditional use beta se it complies wit the pending PCD t 't revision, maintai s the high quality id character of the evelopment, and i nsistent with a sh ping center, with ix conditions: 1) That t ~ proposal be revs d to conforni wit any modification uired by City C incil as part of t pending rezoning etition (Applicatio 00-100Z); 2) That all si age meet the requ ements of the Peri eter Center develo ent plan; 3) That no car asking, cleaning o aintenance of ve ~cles be permitted this site; 4) That no additi al lighting or sp per systems be inst led at this location, That vacuumin e permitted, prove ed that the unit be stalled internally; d 6) That a maximum 20 parking space e utilized for rent vehicle storage. Me ~ ick agreed io the bove conditions. r. Sprague second the motion and tl ~ vote was as follows. Mr. Eastep, yes; r. Fislunan, yes; -. Lecklider, yes; ~. Salay, yes; Mr. S ague, yes; Mr. Pepl v, yes; and Ms. B -~ng, yes. (Conditi al Use approved .) Mr. Lecklide banked the applic is for their patien and cooperation. -le called a short re ss. 3. Preliminary Plat 00-lO1PP -Hansel Property Corey Theuerkauf presented this preliminary plat for the creation of four lots (with no park dedication) in the R-1, Restricted Suburban Residential District. Mr. Theuerkauf said this site was annexed in 1973, and this will be the first proposed development for it. In 1993, a concept plan for the adjacent parcel was expected to incorporate it. 1~hat did not happen. Ike showed slides of the area. The site abuts the Riviera Golf Course and the Belvedere development. Mr. Theuerkauf said two cleared driveways were proposed, one for each pair of lots. He said the setbacks arc 80-85 feet. 1~o the south is the entrance reserve for Belvedere which is 17S feet deep. Va(le~~ Drive clubs into the west side of the site, but this proposal dots not extend il. A bikepath meanders along Avery Road, outside the right-of-way in certain areas, and it needs to be located within a bikepath casement. The existing [{ansel residence and outbuildings will be razed. 02-13 82 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission MinutesNovember 2, ?_000 Page 9 I3e said it is very unusual to plat new lots in the R-1 llistricl_ Mr. `Ilieuerkauf said staff wants the fewest driveways along Avery Road possible. Staff recommends approval with ten conditions: 1) That all stone water management, easements and catch basins meet City requirements subject to staff approval; 2) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers are noted on the plat; 3) That the building setback be increased to 100 feet; 4) That the tree replacement note be changed to indicate the developer is responsible for the replacement trees, that the tree survey, replacement plan and preservation plan be completed, and that the street trees be located in the right-of--way and properly spaced and subject to staff approval before scheduling for City Council; 5) That the bike path be located within a dedicated bike path easement and carried across the ' driveways at the narrowest point in the driveway and that the driveways be setback to facilitate the bike path crossing; 6) That water service will need to be bored beneath Avery Road; 7) That Valley Drive be developed into a turn around subject to City Engineer approval; 8) That all the driveway approach areas meet the recommended pavement requirements provided by the City Engineer and that a notation be placed on the plat indicating a shared driveway agreement between Lots 1 - 2 and Lots 3 - 4; 9) That the park fee of $12,000 be paid prior to recording of the final plat; and 10) That minor revisions be made to the plat and that all applicable conditions are met, subject to staff approval, prior to being scheduled for review at City Council. Mr. Eastep asked if tying into the stub street was considered. Mr. Theuerkauf said it was discussed, but staff believes the-cost to construct the road would yield a rezoning application for eight lots rather than four. Staff did not encourage the extension of Valley Drive. Mr. Eastep noted it is a condition here to develop a turnaround, subject to staff approval. He did not want to require the Belevedere developer to change his final plat to accommodate this. Mr. .~_ Theuerkauf said a hammerhead turnaround is requested that can be done in the right-of--way and on the Hansel property_ This has not been discussed with the Belevedere owners. Mr. Theuerkauf said the Thoroughfare Plan showed Avery Road as two to three lanes. Ms. Clarke said the hope is io keep it in its rural form as long as possible and to add left turns as new development occurs_ There was some discussion of the placement of street trees. Ms. Boring asked if it is practical to require 14 street trees. Ms_ Clarke noted street trees rarely survive road widening, but Avery may not ever be widened. Mr. Castep said a naturalized, meandering bikcpath was better if done in asphalt. He asked about lowering the Avery Road speed to 2S mph here since there are driveways onto it. Mr_ I~ammersmith said that would be difficult under the Ohio Revised Code. Other access possibilities were discussed. All would yield a rezoning request for more lots_ Ms. Clarke said ibis density is very low o~lly because the developer has no road construction costs_ Mr. Iianuuersmith said llic stub would be squared ofC with curbing and a sidewalk would be run around the end of il_ The street configuration would not change. Ms. Salay said her street is stubbed that way and looks odd, but it has pine trccs_ This proposal w~~~I~t t,.~ ~n~~~~..~,c,rsc. 02-1382 `~ ~ Preliminary Development Plan Dublin Planning and `Coning Commission Minutes -November ?_, 2000 I'agc 10 Mr. Theuerkauf said 80 to 8S feel from the right-of--way is the setback. This is a scenic road with a deep reserve next door, and staff requests a setback of 100 feet. Mr. Lccklider asked about character elements being added along this scenic road frontage. Mr_ Thcuerkauf said Muirfield Village has a pond, equestrian-type fence, meandering bikepaths, and trees, and Belevedere has a stone wall, and equestrian fencing. Staff would like a continuous character treatment, but it is not required. The meandering bikepath and street trees are attempts at this. Staff has looked at equestrian fence with cobblestone pillars at the driveways. Steve Lenker, the applicant, said they purchased this property in November 1998. Because Dublin requested a 200-foot setback along Avery Road, M/I chose not to buy it. Mr. Lenker said his company then decided to develop it within the R-1 zone. He said each foot of setback incurs additional costs of $S00 - $1,000. To stay marketable, they need to control costs. This proposal only adds one driveway over what is there already. Mr. Lenker said they have proposed a 2-4-foot mounding along the rear of these lots. He agreed to all conditions, the setback (#3) and changing Valley Drive (#7). Mr. Fishman said .his only concern was the setback. Increasing it would solve the bikepath problem, and moving the bikepath back 1 S feet would be cheaper because it would go over the narrower part of the driveway. He favored approving this application, if the setback was increased to 100 feet. Other developers gave a 200-foot setback when requested. Mr. Lenker said he preferred to make the bikepath easement larger and moving the street trees. He said the diversity is going to be controlled with deed restrictions_ Ms. Clarke said a lot of setback research was done on Dublin's scenic roads. She said 100 feet from the right-of--way is typical in this character area. In the agricultural area, it is 200 feet. These lots abut a park reserve that is 175 feet deep. A 100-foot setback is less but is consistent with the data collected on the subject. She noted the lots are over 300 feet deep, leaving a very generous building pad with lots of options on design, house placement, etc_ Mr. Fishman agreed that a 100-foot setback was necessary. He said the M/I development not far from here has a 200-foot setback. He said the street stub on the west was okay. Mr. Lenker said houses will have a SO-foot setback in Shannon Glen. Mr. Fishman said the City has learned from its mistakes. Mr_ Lenker said between Belvedere and this site is a large sanitary sewer easement and change in topography. He said the required setback is 60 feet. Mr. I/aslep said with the horseshoe design, the sanitary casement is directly under the widest portion of the driveway, increasing the expense of the driveway. Ike said if the setback increases, the narrower part of the driveway will be over the sanitary sewer_ Mr_ Lenker said the submitted layout is only a sketch. It shows joint access. [~c agreed that llie bikepath, etc_ would be on the narrow part. He said they preferred to put the sanitary in the back. Mr. [~astcp said stub streets arc installed Cor continuation in a new development. If a dcvclopcr chooses not tic into that, that dcvclopcr should repair and finish off that section of street. Inc noted that Belvedere had been approved and built_ This dcvelope~ eh~~~id ~.~mnletc the street 02-1382 Preliminary Development Plan Dublin Planning and `Coning Commission Minutes November 2, 2000 Page 11 stub with curb and gutter, sidewalk, etc. He suggested that M/I I-Tomes be contacted to split the costs. He believes it should not be Dublin's responsibility to complete the street stub. Me Lenker said the City Engineer has not specified what is needed. Mc I~anunersmith said the street stub should be estimated out. Ahand-formed curb and a continuous sidewalk are needed. Mr. Eastep said in this unusual case, sidewalks with an ADA ramp at each end, and a striped crosswalk on the street might be adequate. Mr. Hammersmith said this was not the preferred way. Mr. Hammersmith said the street could be pulled back to keep the sidewalk within the right-of-way for that stub. It does not necessarily have to be put on this property. Mr. Lenker suggested that a sidewalk be constructed on the north side only and wrapped around the corner. Ms. Boring noted a sidewalk waiver from Council was necessary. Mr. Eastep said this should follow the set standard. Ivls. Boring liked the idea of stopping the sidewalk at the driveway of Lot 14. Mr. Lenker agreed. He said if they extended the road stub into this land as a cut de sac, he would be asking for seven lots. That proposal is not economically feasible. Mr. Fislunan suggested using Wow features in the front. Mr. Lenker said he did not want to be required to do -the equestrian fence due to the expense. Ms. Boring asked if he would do a stone fence. Mr. Lenker proposed to do the meandering bikepath, street trees, and mounding only. He said they could require each individual lot to do stone pillars as a mailbox feature or something similar. He was not in favor of having a 615-foot fencerow along the entire front. Mr. Ezell said equestrian fencing is found repeatedly along Avery Road and fits within the Dublin Model character area. It is one of the least expensive Wow elements. Ms. Boring noted that Wow features are tied to higher densities. Mr. Ezell agreed. Mr. Pislunan said a stone feature in front of each house, with a meandering bikepath, street trees, and mounding would be better than a fence. Ms. Boring said any street trees should be moved back, meandering along the bikepath, and not in a straight line. Mr. Fislunan agreed. Mr. Lenker said each homeowner would submit landscape plans. He said they would exceed what is required when they do the bikepath and the Avery Road treatment He expected each individual homeowner would add more landscaping. Mr. Sprague wanted this to be unobtrusive. There are two curbcuts, a large expanse, with large setbacks, nice houses, etc. He said he loved the Road to Wow but was not sure how it fits here since this is under tlic zoned density. Mr. Eastep and Ms. Boring agrccd. Mr_ Sprague said this was an extremely favorable target density Icvel. Mr. Lenker said if they arc required to include the Road to Wow features, they would ask to rezone it for a higiicr density. [~c said this deal is a break-even right now. Mr. Lenker agrccd to require any individual fencing to conform- Mr. Eastep said the only fence approved in Belvedere is a split rail, and rear fences should be restricted to split-rail design. A front fence could use tlic equestrian fcncing_ Mr_ Lcnkcr agrccd to require that on the plat. Ms. Clarke noted the new fence Code permits perimeter fcncing for lots over 30,000 square feet. 02-1382 Preliminary Development Plan Hansel Subdivision Dublin ['fanning and Zoninj; Commission Minutes -November 2, 2000 I'agc 12 Mr. Lenker said one street tree would be planted every 45 to 50 feel (totaling 14 trees). Mr. Tishman suggested increasing the planting to 28 trees plus any replacement trccs_ Replacement trees can be planted anywhere. Mr_ Lenker agreed_ Mr. Castep wanted the street stub to be finished and suggested cost sharing among the applicant, M/I, and the City. It should not be left half done. Stopping the sidewalk at the driveway, half ~- - the length of Lot 14, would look silly. Mr. Tishman thought the City should pay no more than a third of the cost. Mr. Lecklider said he was interested in meeting the standard but not trying to bind the Cily for payment. Mr. Eastep noted the Belvedere plat was on the Council agenda for November 6. Ms. Clarke said the approved Belvedere construction drawings do not show a termination other than a dead end. To change this, some adjustment to the construction drawings is needed. Mr. Lenker agreed to finish the stub street according to City standards, prior to scheduling this preliminary plat at City Council. Mr. Theuerkauf said staff is interested in seeing if this site can facilitate the drainage basin at Belvedere. Mr. Eastep noted additional run off will create more water going into the Indian Run. Kurt Ziessler, Hockaden Engineers, said he will check posdpre-developed rates and meet City standards for stormwater detention. He said with these lots sizes, they might be decreasing the run off with the planted yards, compared to what is there now. He said there is a second catch basin in Belevedere, 120 feet north of the south property line in the rear yards. He said their property drains from Avery Road towards Belvedere. Ms. Boring said Condition 7 should be changed to read: "That the developer be required to stub Valley Drive, according to City standards, coordinating the design with staff; subject to City Engineer approval". Ms. Boring made the motion to approve this preliminary plat because it conforms to the Community Plan, provides interconnection with surrounding neighborhoods and Avery Road, and enhances the scenic character along Avery Road, with 13 conditions: 1) That all stormwater management, easements and catch basins meet City requirements subject to staff approval; 2) That all service structures be located in the rear yard and be fully screened by evergreen material subject to staff approval, and that all utility providers arc noted on the plat; 3) That the building setback be increased to 100 feet; 4) That the tree replacement note be changed to indicate the developer is responsible for the replacement trees, that the tree survey, replacement plan and preservation plan be completed, and that the street trees be located in t(tc right-of-way and properly spaced, subject to staff approval; 5) Thal the bikcpath be located within a dedicated bike path casement and carried across the driveways al the narrowest point in the driveway and shat the driveways be set back to facilitate the bikepath crossing; G) That wafer service will need to be bored bcncalli Avery Road; 7) Thal the developer be required to terminate Valley Drive according r~ C`~r~r ctan~artje coordinating t(ic design with stall, subject io City Engineer approval; 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Toning Commission Minutes - November 2, 2000 Page 13 8) Thal alt the driveway approach areas meet the recommended pavement requirements provided by the Cily Cnginccr and that a notation be placed on the plat indicating a shared driveway agreement between Lots 1 and 2, and Lots 3 and 4; 9) Thal the park fee of $12,000 be paid prior to recording of the final plat; 10)That 14 trees (in addition to required street trees and any replacement trees) be planted along the Avery Road bikepath easement, according to staff approval; 11)That the bikepath Ue constructed of asphalt to continue the system currently in place along Avery Road; 12) That fencing meet the standards of Belevedere and there be no fencing permitted within the front setbacks; and 13) That minor revisions be made to the plat and that all applicable conditions be met, subject to staff approval, prior to being scheduled for review at City Council. Mr. Zenker agreed to the above conditions. Mr. I'islunan seconded the motion, and the vote was as follows: Mr. Eastep, yes; Mr. Lecklider, yes; Mr. Sprague, yes; Mr. Peplow, yes; Ms. Salay, yes; Mr. Fishman, yes; and Ms. Boring, yes. (Approved 7-0.) Center- BJ' Gas Station - G82 ub(tn Center Dt ~c Chad Gibson pres ted this combined plication for con ruction of a 12-p p gas station. A station is a con ~tional use as an a -oriented facility. The proposal re ves 92 parking sp ~es from this site a this will require a itional approval m the Board of Z ing Appeals. Mr. 'ibson showed sli s of the area and sa the site is on the orthwest corner o Tuller Road and D Alin Center Drive. t is zoned CC, Cot unity Commerct District, and dev ped with a large 'tail store that is lyrically attached Dublin Village enter. The store ontains 108,000 s are feet. He said le proposed site fo the gas station is the parking lot ar He has never ob rued any cars in t portion of the par 'ng lot where the g s station is propose Access will ten in off of Tuller gad, and through a -hopping center dt veway from Dublt •~ Center Drive. Tw anopies with thre columns supportin each are propose vith a booth in the 'dd(e. The canoe clearance will be feet, and the top the canopy is 22' ~". The column wt h shown is 42 in es. No signage l be permitted on t pumps. The ho _S of operation fort gas station will _ 6 a.m_-9:30 p.m., onday-Saturday, d 6 a.m-6:30 p. on Sunday. He sat the recessed light g will meet the D tin Lighting Guide es. Mr. Gibso said code enforce ent issues on the e include missing i 'es and a service s ~cture not include n the original apt -wed plan. The w -te structure north o ~ the garage doors, ~ the northeast corn • of llte parking to was not approved. is removal has bee requested. Mr_ Gibson said t ~s site is a retail ce cr. The (andscapt ~ has matured very veil and the views ` the rile are iimite Parking is abun nt. Staff reconunc s approval with 1 ,onditions: 1) That signage for c site comply wit the Dublin Sign de in all respects u ess otlterwisc roved by llte Bo< d of Zoning Appe s; 2) Th t the architecture nd building mate ls, including acce materials, match e existing cent and that samples c provided to veri • compliance, subje to staff approval; 3) That arking variance ~c secured from l BZA permitting ' parking aces and/or shat parking agrecmct and that the recil 02-1382 Preliminary Development Plan Hansel Subdivision 4. Corridor cvciopmcnt Dis 'ctlConditional T c 00-102CDD/ 1 - Dublin Vil~c RccoRO or- ~ROCCCOtNCs Minutes of Meeting Dublin Cily Council Mcc(mg Pagc 8 Held f)rrrmhcr~ f 2rnn Ordinance 1 -00 - An Ordinance Aut orizing the City Manag to Gran[ a General Right C-Way Permit to J~O Oh ,Inc., and Declaring a Emergency. Mr. Adamek intr uced the ordinance. Mr. Hansley stated at this permits use of the ity's right-of--way as des bed by Mr. McDaniel previousl Mayor Kranstuber mo ed to dispense with the pu is hearing and treat this emergency legislation. Mr. McCash seconded th motion. Vote on the. motion - Mr. finer, yes; Mrs. Boring, y ~ Mr. McCash, yes; Mayo anstuber, yes; Mc Peterso yes; Ms. Chinnici-Zuerch yes; Mr. Adamek, yes.\ to on the Ordinance - Mr. terson, yes; Mr. Reiner, y ,;Mrs. Boring, yes; Mr. M Cash, yes; Ms. Chinnici-Zue her, yes; Mc Adamek, y -Mayor Kranstuber, yes. Mayor 'anstuber invited the recipie is of the first Spirit of the on award to come forward: he Ralph Levan family, inc ding Ralph, Beth Marsh, alt and Andrew. He read a pro amation in their honor, and uncif Members congratul ed them on this very special onor. Mr. Levan sp ke briefly, thanking Council or this recognition. Mr. Adamek su Bested that the comments w 'ch Andrew made at the Cl ~stmas Tree lighting were not iscemabte because of the n ~se of the fire truck amval. e suggested that the Communi Relations division work wi him to have the importan ints of his comments publish ~n another Cily communicate n piece. ILVIItVUVl, l1V lV A: VSYGI\. liGHlvl~v-av_..~~r a.vaavi..~ Resolution 4G-00 - A R olution Extending the Ter of a Member of the P(a mg nd Zoning Commissioa~ tit March 31, 2001. r. Adamek introduced the olution. \ V eon the Resolution - Mc~cCash, yes; Ms. Chinnici- etcher, yes; Mr. Adamek, yes;~r. Peterson, yes; Mr. Rei r, yes; Mrs. Boring, yes; or Kranstuber, yes. Resolulvon 47-00 - A Resolution equesting the Delaware as Franklin County Auditor to Draw and the Delawa ~ and Franklin CountyTre surers to Issue a Draft to tl Director of Finance of t e City of Dublin for Any ~ ne}' that A4ay be in the Coun ' Treasury to the Accou of the Cit}' of Dublin. Mc Adamek t troduced the resolution. Mr. Hansley stn that this enables the Cit to request funds at the earli t date permitted by slat law. Vote on the Resol ~on - Mr. Reinei, yes; Mr. eterson, yes; Ms. Chinnici- uercher, yes, Mr. McCash, y ~; Mrs. Boring, yes; Mayor ' nstuber, yes; Mrs. Borin yes. Resolution 48-00 - A IZt~sotution to Set Forth a cement o[ Services to be P ovided o tlrc Area in a Proposed Annexation of S.G51+/- Gres from Washington wnship, Franklin Cou y to the City oC Dublin, rio as Required b}' Sectio \ 70 031 of Q~c Ohio Revise Code. ([Forma J. Lauren •c, c( al.) May r Y.ranstuber introduced is resolution. Mr. I nsley stated that this lcgi ation is required by state lute to be adopted prior to the ann anon hearing at the cou .This annexation is in formance with Council's goal to a ex the islands of townsh ~ within the City limits. S ff is recommending adoption a this time. Vote on the 'esolution -Mrs. Boring, es; Mr. Reiner, yes; Mayo Kranstubcr, yes; Mr. Adamek, yes; 4r. Peterson, yes; Mr. Rc rcr, yes; Ms. Cirinnici-Zue cher, yrs. OTI{GR Preliminary Plat -Hansel Proncrty (Applicant. Quin Abbey LLC, G189 Memorial Drive, Dublin, OH 43017; represented by Hockadcn & Associates, c/o Kurt Zicsslcr, 883 North Cassady Avcnuc, Columbus, OH 43219) Ms. Clarke noted that this is a preliminary plat for five acres on t}rc west side of Avery Road. Tfre proposal is to establish four lots, wiQr a density of Icss than one unit per acre. It is for development in an R-I district- Tfrere will be four tots fronting on Avery R< ~2-13~G Preliminary Development Plar Hansel Subdivision RECORD OF PROCEEDINGS Mccting Minutes of - Pa e 9 Dublin City Council Mccting g HCId ~f r/~n7 with a bikcpath in front of the lots. There will be no new road construction. It was reviewed by Planning Commission on November 2nd, and they rccommcnded approval unanimously with 13 conditions. Staff raised an issue with the fact that utility providers arc not shown on the preliminary plat; they will be shown on the final plat The second issue relates to the bikcpath, which is only schematically represented and not exactly as it will be in the field. Mc Adamek asked who will be responsible for hammerheading the stub street behind this area. Ms. Clarke stated that it will be handfed by this developer. Mrs. Boring noted that she would like more clarification in Condition #S related to the bikcpath, so that confusion does not occur later about its placement. Ms. Clarke stated that staff will make a note to follow up on this item with llte construction documents. Mrs. Boring moved to amend Condition #S to indicate that the bikcpath easement will follow a meandering route to be approved by City sia£C. Mr. Reiner seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Vote on the plat - Mr. Peterson, yes; Mr. McCash; yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes. Final Plat -Westbu S lion 6 Phase 1 (Appli t: M/I Schottenstein Ho es, Inc., c/o Dave Tyndall, 3 East Oval, Suite 540, Colum us, OH 43219; represe ed by anon Coffee, R.D. Zande ~ Associates, Inc., 1237 blin Road, Columbus, ~ 215; and Ben W. Hale, Ir. Smith & Hale, 37 W. Br d Street, Columbus, O 43 iS) Ms. larke stated that llrese pla were delayed pending pletion of the bridge o Ware am Drive, which is the no hem extension from Tull ore that completes the ew west o Avery comdor from Bran Road down to Fallen Ti er. The Planning Commi ion recommending appro 1 on November 16 of Sec -on 6, Phase 1 with the four con ions listed in the Record o Action. Mayor ICr stuber moved approval of ie final plat of Westbury eciion 6, Phase 1. Mr. Peterso seconded the motion. Vote on the lion - Mr. Reiner, yes; M Chimtici-Zuercher, yes; r. McCash, yes; Mrs. Boring, y ; Mr. Adamek, yes; Mayo anstuber, yes; Mr. Pete son, yes. Final Plat - Westb Section 6 Phase 2 (App cant: M/I Schottenstein omen, Inc., do Dave Tyndall, ~ ton Oval, Suite 540, Co umbus, OH 43219; rcpt eoted by Jason Coffee, R.D. nde & Associates, Ina, 12 7 Dublin Road, Columbu OH 43215; and Ben W. H c, Jr., Smith S:. Hale, 37 .Broad Street, Columbus, H 43215) Mr. Adamek noted that tl ,re had been some discussi about the temporary hau road d destruction of trees. is is the second instance o tee removal for this tract. The fi ;I tree rcmo~~al was in the earl: where the sewer lint s installed without the Cit - ~ bci aware that trees would c rcmovcd, and (rtes were ~cn rcmovcd for the haul r 1d insta anon. He asked staff for IariGcation of whether the ees removed had been decd to the City. Mr. Ha n responded that most of is tree destruction was wit ~n what was to be Westbu ~ parkland, but it had not b ~cn deeded to the City at th time of destruction. Mc Adan k asked what restitution ~ -ill be made for the tree rem vat, in vices of the two areas whet frets were rcmovcd by th developer. A working arra gcmcnl should be agreed upon ith this dcvclopcr to mak -amends. He would like to ce something done, i.c., a conncCU n between the two parks perhaps a wood chip path ith a nature walk or an asphalt pa ~. He would like to sec th ~ end result be aesthetically leasing. Mr. Hahn respoa cd that staff s intent is to plant a substantial portion f the trees ranovcd wiQi nati c Ohio woodland trees, p d for by We dcvclopcr. Mr. Adamek asked these would be in additi i to the developer's curt 02-13 8Z (he City under the trc - preservation plan. Preliminary Development Plan Hansel Subdivision PLANN[NG AND ZONING COMMISSION I2RCORD OF ACTION. rrl'ti ut' ul~lu.l~ AUGUST 9, 2001 D~ ~a aF Plaaaiag 5: ;pier-Rugs Rand Du51A~hia 43016-1236 wae/IDD:6l4-4104600 Faz: 614-161-6566 reh Site: www-du6lin.oh-us The Planning and Zoning Commission took the following action at this meeting: 7. Final-Plat 01-070FP -Hansel Subdivision - 8195 Avery Road Location: S acres located on the west side of Avery Road about 200 feet north of Belvedere Green Drive. Cxisting Zoning: R-l, Restricted Suburban Residential District. Request: Review and approval of a final plat under the provisions of Section 153.085 through IS3.09S.. Proposed Usc: Four single-family lots. Applicant: Quin Abbey LLC, 6189 Memorial Drive, Dublin, OH 43017; c/o Kurt Ziessler 883 North Cassady Avenue, Columbus, Ohio 43219. MOTION: To table this final plat. VOTE: 6-0. RESULT: This case was tabled as requested by the applicant. STAFF CERTIFICATION Corey ~ euerkauf. Planner 02-1382 Preliminary Development Plan Hansel Subdivision :1'1'1 (IF [1G[tLt\ p~ oa of P(aaiuaq S Shieratiags Road 1v6~, ,fiio 43016-1236 .oae/(D0: 61410-4600 Fax: 614-161 X566 "e6 Site: www.dubGn.oh.us PLANNING AND ZONING COMMISSION RECORD Oh' ACTION SEPTEMBER G, 2001 The Planning and Zoning Commission took the following action at this meeting: 2. Final Plat 01-070FI' - I~anscl Subdivision - 8171, 8179, 8187, and 8195 Avery Road Location: 5.0 acres located on the west side of Avery Road, approximately 200 feet north of Qelvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: Review and approval of a final plat under the provisions of Section 152.085 through 152.095. Proposed Use: Four single-family lots. Applicant: Quin Abbey LLC, 6189 Memorial Drive, Dublin, Ohio 43017; c/o Kurt Ziessler, 883 North Cassady Avenue, Columbus, Ohio 43219. Staff Contact: Corey Theuerkauf, Planner. MOTION: To approve this final plat because it reflects a residential density that is lower than the Community Plan, enhances the scenic character of Avery Road and conforms to the preliminary plat, with ten conditions: 1) That the path system incorporate more chicanes and any portions of the bikepath that fall outside of the right-of--way be incorporated into a bikepath easement; 2) That the final plat bikepath alignment reflect the approved preliminary plat and signed construction documents; 3) That a written assessment be prepared by a certified arborist assessing the level of damage to trees numbered 4, 5, 7, and 8 as identified by the tree preservation plan, for review next spring (May 13, 2002), and that if the preserved trees cannot adequately recover, they will be removed by the applicant and replaced by corresponding caliper inches, subject to staff approval; 4) That pruning/dcadwooding be performed to reduce any danger to users of the bikepath or surrounding areas; 5) .That all the replacement trees be located in a 25 foot no-disturb zone located at the rear of the lots, and that the no-disturb zone be properly identified on the final plat; 6) Thal revised irec preservation and replacement plan be submitted, subject to staff approval; 7) "That the frontage tree planting be revised, subject to staff approval; Page 1 of 2 02-1382 Preliminary Development Plan Hansel Subdivision PLANNING AND ZONING COMMISSION RCCORD OF ACTON SCPTCMI3CR G, 2001 2. Final Plat 01-070FP -Hansel Subdivision - $195 Avery Road (Continued) 8) That the park fee of $12,000 be paid prior to recording of the final plat; 9) That all utility service structures be located in the rear yard and be fully screened by evergreen plant material subject to staff approval, and that all utility providers be noted on the plat; and 10) That minor teclutical plat adjustments be made prior to review by Council, and a revised legal description be submitted if needed, subject to staff approval. *Steve Lenler, representing the applicant, agreed to the above conditions. VOTE: 4 - 0. RESULT: This final plat was approved. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION ~- ~~'-` Corey hhcucrkauf Planner Pagc2of2 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planninb and %oning Commission Minutes - September 6, 2001 Page S Thal the 20-fo drainage casement undary located aloe the northern properly line be shifted to overlap Ze 25-foot no-distur _one boundary; 11) That a 20-foot no-b ~ d zone be added to c east property line Lot 39; 12) ~ at minor modificah is be made to the fi al plat and construct n~drawings, subject to sta approval; and 13) That vised drawings refle ing these conditions e submitted, within wo weeks. Mr. Hale agreed ~th the revised con eons above. Mr. G ber seconded the tion, and the vote was as follows. Mr. Lecklider, yes; r. Sprague, yes; .Gerber, yes; and s. Boring, "'" yes. (Approved 4-0.) 2. Final Plat 01-070FP -Hansel Subdivision - 8171, 8179, 8187, and 8195 Avery Road Corey Theuerkauf said this is a final plat for five acres on the west side of Avery Road. He showed several slides. The property has 615 feet of frontage, and all four lots will be about 1S3 feet wide and 325 feet deep after dedication of right-of--war. There is no park. Joint driveways are identified on the final plat for Lots 1 and 2, and Lots 3 and 4. Mr. Theuerkauf said an eight-foot bikepath and 28 shade trees are proposed along the street. Staff recommends meandering the bikepath due to ditch and four utility poles Any bikepath section laying outside the right-of--way should be dedicated in a bikepath easement. The staff recommends two rows of trees: planting the 14 street trees 40-45 feet apart along the right-of- way, and a second staggered row on the west side of the path. Mr. Theuerkauf said the applicant has agreed to replace any trees damaged in the rear of the lots. He said staff recommends approval of this final plat with the following eight conditions: 1) That the path system incorporate more chicanes and any portions of the bikepath that fall outside of the right-of way be incorporated into a bikepath easement; 2) That a revised tree preservation and replacement plan be submitted subject to staff approval; 3) That a written assessment be prepared by a certified arborist assessing the level of damage to trees numbered 4, S, 7, and 8 as identified by the tree preservation plan, for review next spring, and that if the preserved trees cannot adequately recover, they will be removed by the applicant and corresponding inches be replaced, subject to staff approval; 4) That pruning/deadwooding be performed to reduce any danger to users of the bikepath or surrounding areas; S) That all the replacement trees be located in a no-disturb zone located at the rear of the lots and that the no-disturb zone be properly identified on the final plat; 6) That the park fee of $12,000 be paid prior to recording of the final plat; 7) That all utility service structures be located in the rear yard and be fully screened by evergreen plant material subject to staff approval, and that all utility providers are noted on the plat; and 8) That minor technical plat adjustments be made prior to review by Council, and a revised legal description be submitted if needed, subject to staff approval. Steve Lenker, the applicant, said because of the utility poles and ditch, the right-of--way does not permit much bikepath maneuvering. He said the 2S-foot bikepath easement adjacent to the right- 02-1382 Preliminary Development Plan Hansel Subdivision PLANN[NG AND ZONING COMMISSION ._C[Tl' OF DtiBl.[h ,ision o1 Planning 0 Shier-Rings Road OIL Ohio 43016-1236 Phase/100:614-410600 fax: 614-161 bSb6 Web Site: www.duhlin.oh.us RCCORll OT ACTION JANUARY 9, 2003 The Planning and Zoning Commission took the following action at this meeting: 5. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Location: 5.0 acres located on the west side of Avery Road, about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District. Proposed Use: Asingle-family subdivision of ten lots and no open space. Applicant: Steve Lenker, Lenker and Larson, Ltd., 5900 Cromdale Drive, Dublin, Ohio 43017. Staff Contact: Kolby Turnock, Planner. MOTION: To table this preliminary development plan as requested by the applicant. VOTE: 6-0. RESULT: This preliminary development plan was tabled to permit the applicant to work with staff to revise the plan. STAFF CERTIFICATION Barbara M. Clarke Planning Director 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -January 9, 2003 Page 8 That the text be revise o incorporate the com- is of the Conunissio d applicant r rding ownership and sig e changes, subject to st approval. Mr. Ritchie onded, and the vote w s follows: Mr. Zimmer ,yes; Ms. Boring, yes, r. Sprague, yes; itchie, yes; and Mc Ge r, yes. (Approved 5-0.) Mr. Gerber made a mo to approve this final lopment plan because omplies with the ,„,~ D regulations, and th onnecting .walkway wi complement the buil s, with three co ~ ions: 1) Th his final development p approval is contingent City Council's appro of the prelim development plan (rez ~ng) request; 2) That a re d staking plan be subm d showing the cross a ~ s driveway between headquarters p el and the recently appr d building and the revis arking count for the headquarters pare ubject to staff approval; d That all missing or d landscaping on the hea arters site be replaced b ay 1, 2003. Mr_ merman seconded the tion. Ms_ Dannenfelse aid this final develop t plan matches preliminary developme lan. The vote was as lows: Mr. Ritchie, ye , s. Boring, yes; .Sprague, yes; Mr. Zi an, yes; and Mr. Gerb es. (Approved 5-0.) Sprague thanke r. Ghidotti for his patien nd for working with sta 5. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Steve Lenker, manager for Lenker and Larson Ltd., said after reviewing the staff report, they have decided to work with staff on a plan revision and a positive recommendation. He requested tabling. Mr. Gerber made the motion to table this preliminary development plan, as requested by Mr. Lenker. Mr. Zimmerman seconded, and the vote was as follows: Mr. Saneholtz, yes; Mr. Sprague, yes; Ms. Boring, yes; Mr. Ritchie, yes; Mr. Zimmerman, yes; and Mr. Gerber, yes. (Tabled 6-0.) Mr. Sprague thanked Mr. Lenker for agreeing to work more with staff. 6. Rezoning (Amended) 02-OSSZ - Woerner-Temple Community Pool - 6363 ~° erner-Temple Road Anne er said this is an am ed PUD preliminary lopment plan, or rezon' The Commissi pproved the concept p on July 18, 2001, bu 'spproved the rezonin . lThe design team h er developed the p design. The revisions Jude separating the lei pool and activitie om the lap pool, and a g a three-meter diving ard_ She said staff has updated City Counci ree times, and the "two ol" concept was unani usly endorsed. The t was significantly re d, and the drawings ar ore advanced_ Staff b ~ ves this revised apation contains the leve specific commitment r ested by the Commisst Ms. W showed a PowerPoint sentation. The seven p els contain 14.66 acres uth of Woerner-Te e Road. Six of the par s are contiguous to eac ther, and tree lines deh to the old parcel lip' There is no propos or the westernmost pa The outbuildings an houses were remov ` The zoning is R1B an R, both Washington To ship classifications. proposal includes 1 awed parking spaces Wei spac which can be paved i ded as well as a bask. The 3. re enclosed pool area have a 6' 8" high a`'d'rop-off area and 4 rass overflow COUti ?^`~ tc+nnic r-n~irt t~l~ C(111111. 02-1382 Preliminary Development Plan Hansel Subdivision ,~~; .CITY OF DGf1Ll ImT,ion of Pknning Shier-Rings Road Du4hio 4301 b-1236 'hone/iDO:614-410600 fax:bl4-761-6566 bleh Site: www.duhlin.oh.us PLANNING ANll ZONING COMMISSION RECORD OI' ACTION JUNE 5, 2003 The Planning and Zoning Commission took the following action at this meeting: 7. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Location: 5.0 acres located on the west side of Avery Road, about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District. Proposed Use: Asingle-family subdivision of nine lots and no open space. Applicant: Lenker and Larson, Ltd., 5900 Cromdale Drive, Dublin, Ohio 43017, represented by Fred T. Forster, 7570 Fisher Drive South, Dublin, Ohio 43016. Staff Contact: Kolby Turnock, Planner. MOTION: To table this rezoning application as requested by Mr. Forster. VOTE: 6-0. RESULT: After much discussion regarding setbacks, density, and character, this rezoning application was tabled. STAFF CERTIFICATION: ~ ~ /..~ ~ -~ , , t i Barbara M. Clarke Planning Director 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and toning Commission Minutes - September 6, 2001 Page 6 of-way is 12,000 square feet of ground, and this should offset the park fee. He favors a meandering bikepath with some easements, but not if he still has to pay the full park fee. He asked that the no-disturb zone in the rear be a 25-foot area. He will work with the Belvedere developer on the hedge row pine trees, using a more aesthetically pleasing design. They are attempting to bury all utility lines. He said they are going to put conduit underground. Mr. Theuerkauf said Fred Hahn stated that Dublin policy has been that frontage treatments are not considered to meet the parkland dedication requirement. Mr. Theuerkauf said the bikepath curves are shown ashalf-circles that will wrap around between the utility poles and the street, and staff wants an improved layout. The approved construction drawings have a better layout. He said the majority of the bikepath would be placed in the right- of-way, and when the bikepath meanders westward, an easement is needed for that portion. If the bikepath were east of the utility poles, it would require grading of the ditch and would be quite close to the road. It should be near the outer edge of the right-of-way with an edge of trees. Mr. Lecklider agreed it needed to be away from the road. Ms. Boring noted that both City Council and the Commission approved the preliminary plat with a meandering bikepath. Mr. Sprague asked if the applicant was required to bury the utility lines. Mr. Theuerkauf said no. Mr. Hammersmith said ditch enclosure was usually handled in the City's annual street maintenance program. At times ditch enclosure was required as part of a project. He Noted it will be difficult to build the bikepath as the applicant proposed without a ditch enclosure. Ms. Boring said if the final plat did not match the preliminary plat, it should be disapproved. Mr. Lenker said they were in favor of meandering the bikepath, burying the utility lines, and dedicating the 20-foot. easement to make the bikepath look consistent along Avery Road. However, he felt this would be a taking of the property combined with the $12,000 park fee. He said they were not doing any street improvements, so he did not thiril: they should be required to enclose the ditch. He preferred to get the bikepath well away from the ditch. Ms. Boring said meandering the bikepath was discussed at the preliminary plat, and it is not a trade-off with the park fee. Mr. Lecklider said the Commission could only make a recommendation for Council to waive the park fee. Ms. Boring said the preliminary plat condition that the bikepath meander should be continued. Mr. Gerber agreed. Mr. Lenker said he was not requesting a Commission recommendation to Council for an offset. He requested a recommendation to make the bikepath more meandering and consider then the possibilities could be taken to Council. Ms. Boring wanted it clear which bikepath drawing was being considered because her drawings did not match the approved preliminary plat. Mr. Theuerkauf said the approved preliminary plat was what staff recommended as the approach to meandering bikepath system. 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Toning Commission Minutes - September 6, 2001 Page 7 Mr. Lenker said any changes to the bikepath location would be made on "as built" drawings. Mr. Theuerkauf said the final plat would reflect the "as built" conditions. There was some discussion about the distance from pavement and safety concerns. Mr. Lecklider noted that the bikepath layout had been originally proposed by Mr. Lenker at the preliminary plat. Mr. Lenker wanted a recommendation to for a larger easement to Council, to „~~ get the path farther from Avery Road, but it should consider the parkland dedication. Mr. Sprague said the Commission had no authority to waive the parkland fees, and Mr. Lenker should address the issue with City Council. Mr. Lenker said the lots were $125,000 apiece, and the homes will be $500,000 to $600,000. They will be architecturally deed restricted and similar to Muirfield Village. Ms. Boring made a motion for approval because this final plat has a lower residential density than the Community Plan, enhances Avery Road's scenic character and conforms to the preliminary plat, with ten conditions: 1) That the path system incorporate more chicanes and any portions of the bikepath that fall outside of the right-of--way be incorporated into a bikepath easement; 2) That the final plat bikepath alignment reflect the approved preliminary plat and signed construction documents; 3) That a written assessment be prepared by a certified arborist assessing the level of damage to trees numbered 4, 5, 7, and 8 as identified by the tree preservation plan, for review next spring (May 13, 2002), and that if the preserved trees cannot adequately recover, they will be removed by the applicant and replaced by corresponding caliper inches, subject to staff approval; 4) That pruning/deadwooding be performed to reduce any danger to users of the bikepath or surrounding areas; 5) That all the replacement trees be located in a 25 foot no-disturb zone located at the rear of the lots, and that the no-disturb zone be properly identified on the final plat; 6) That revised tree preservation and replacement plan be submitted, subject to staff approval; 7) That the frontage tree planting be revised, subject to staff approval; 8) That the park fee of $12,000 be paid prior to recording of the final plat; 9) Tliat all utility service structures be located in the rear yard and be fully screened by evergreen plant material subject to staff approval, and that all utility providers be noted on the plat; and 10) That minor technical plat adjustments be made prior to review by Council, and a revised legal descriptio~l be submitted if needed, subject to staff approval_ Mr. Lecilcer agreed to the above conditions. Mr. Gerber seconded, and the vole was as follows: Mr. Sprague, yes; Mr. Lecklider, yes; Mr. Gerber, yes; and Ms. Boring, yes. (Approved 4-0.) 3. Revised Development Plan Ol-OG7RDP -Thomas/Kohlcr PCD, Subarea A -Parkwood II Sign Packabe (Natiomvidc Insurance) - 5900 Parkwood Place 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -June 5, 2003 Page 9 Mr. Gerber aid corpo e logos are fi ,but asked ab a multi-co ed logo. s. Clark three co s is the imum permi d. Mr ~tchie a ed with Ms. arke's reco ndation, b said the ne needs be match er signs ' Perimeter nter. Mr. Me neo also a eed. Mr enton co armed tha match other stone 'asters. ,. Gerber ma a motion to a rove the /De~elopme -Plan bec se it is cons' ent with the D regulat' s, Perimeter ter plan, anti adjace ses with ee condition . .:;~ 1) That e applicant es lash a puj~hc acces asement the existin ikepath along e rn property 1' to the C' y of Du n, and th said bikepa remain in its c ent cation; That an opa e landsca buffer installed ng the emir eastern bound t a shared cost be n the app ~ ant and City of D lin; and 3) That rmwater, anageme meet the rrent stormw er criteria fort erimeter Ce~r ~. Gerbe - aid the n will no equire future eview so long rt matches the enter. Mr. Fenton reed to above co itions. Mr. ssineo seconde emotion, and e vote was foil s: Mr. tchie, yes' s. Boring, s; Mr. Zimme an, yes; Mr. eholtz, yes; r. essineo, s; and Mr. erber, yes. (D elopment Plan proved 6-0.) Mr. erber mad a motion to prove this Co itional Use be use the site ' in a c ercial c idor, and the ive-thru will no egatively impa the area, wit one cond That a rive-thru, b teller microph e use be limited standard b ess hours/ Mr.~nton agreed th the above co ition. Mr. Ritc ~e seconded, d the vote as as fo ws: Messineo, y ; Mr. Saneholt ,yes; Mr. Zimm an, yes; M oring, ye . Rat ie, yes; and Mr. Gerb ,yes. (Appro 6-0.) Mr. Ger r thanked M urkholde d Mr. nton. 7. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Kolby Turnock presented this PUD rezoning request. The land is not R-1 and is on the west side of Avery Road. There are some trees on the site, and there is a stub from Belvedere onto this site. The original Belvedere rezoning was for a density of 1.78 du/ac, but the built density is 1.55 du/ac. This proposal extends Bellow Valley Drive to a cul de sac to the east and south. It will need to have an irrigated island in the bulb. The nine lots have standards similar to Belvedere's, four lots will have a minimum width of 80 feet and a minimum area of 12,632 square feet. The remaining lots will be 90 feet wide with a minimum area of 11,761 square feet. There are no-build zones abutting Belvedere and Riviera Country Club. There is a 50-foot landscape/bikepath easement, 15 feet of which is a no-build zone. The original approval was for four lots facing Avery Road, and the bikepath alignment has been changed. The openspace located at the end of the cul de sac bulb is less than required. Half of it is a proposed detention area. He said staff would support a fee paid in lieu of openspace dedication. The lots will have a minimum front setback of 20 feet. He said staff would like to increase it to 25 feet to be consistent with Belvedere. The side yards are a minimum of six feet with a 02-1382 Preliminary Development Plan u..~...~, ~__,_ ~~ , Dublin Planning and Zoning Commission Minutes -June 5, 2003 Page 10 combination of 18 feet. The rear yards are standard at 20 percent of lot depth, not to exceed 50 feet, with a minimum of 25 feet. The Avery Road setback and proximity of development to the road have been concerns. The site is not very deep, and the geometries do not work well. Mr. Turnock said the applicant has a revised plan to present tonight with a lazger setback. Staff has not reviewed it. He said the applicant has worked to refine the development text and the layout, however, staff believes that using this traditional-style layout with the extension of Bellow Valley Drive does not provide for the intended chazacter of Avery Road set in the Community Plan. The staff cannot support this layout. A layout similar to the original design, possibly adding more than four lots, is more appropriate for this area. Mr. Turnock said the other main issue is density. When including the right-of--way, the density is below 2.0 du/ac. Without the dedicated right-of--way, the density is above 2.0 du/ac. He said considering Belvedere has developed at 1.55 du/ac and Muirfield Village has an overall density of 1.3, this density is too high. He said staff respectfully recommends disapproval based on: 1) The proposed setback from Avery Road does not provide for the intended scenic corridor established in the Community Plan for Avery Road. 2) The density exceeds that of surrounding developments. 3) The appearance from Avery Road will be poor and out of chazacter .with surrounding developments. 4) A setback of 20 feet is less than the Code minimum and out of character for this type of development. 5) The layout fails to maintain the minimum buildable depth. Fred Forster, the applicant, said there was not enough time to get the revised plan to staff to review. They received the staff report on Monday. They adjusted the 20-foot setbacks to 25 feet. He understood there was concern about the Avery Road setback, and three lots could be adjusted by ten or fifteen feet on that side. This is the last five acres along the Avery Road scenic corridor, between Brand and Glick Roads. The setback for the Dominion subdivision is approximately 45 feet, and theirs is 50 to 70 feet. Mr. Forster said their lots aze very similar to Belvedere. These homes will be built of all natural materials, stucco, stone, and brick. The minimum size is 2,900 square feet and very compatible with other homes in the area. The prices will begin at $400,000. They want to build high- quality homes that have the same restrictions as Belvedere. He distributed plan copies. Mr. Gerber said the Commission and staff have had no chance to review the revised plan, and the proper procedure is to work with staff on this revision. He said the Commission can only review the original plan. He did not feel comfortable going forward with a plan without staff comments. Ms. Boring agreed. However, even with a tabling and working with staff, the Commission is not close to approving this. The Commission's philosophy has changed. The applicant needs some feedback on the Commission's concerns. Dave Wurm, who lives at the corner of Ross Bend and Bellow Valley Drive, said he and his neighbors are concerned about the value of the proposed housing. A key consideration is increased traffic. They purchased on their street because of the dead-end. Four individual mounds with two 30-foot pine trees were installed at the end of Bellow Valley, and this convinced them that there would not be any through traffic. There are many young .children 02-1382 Preliminary Development Plan .. .,.,- - Dublin Planning and Zoning Commission Minutes -June 5, 2003 Page 11 there. They were assured by the City that there were going to be four lots with driveways on Avery Road. He said the Commission covered the rest of his concerns. The neighbors built in Belvedere because of safety, the quiet street, and the future of their investments. Mr. Gerber asked if this applicant or staff had discussed this application with him. Mr. Wurm said he received one notice, but was skipped on the last mailing. ,. Brad Perkins, a Ross Bend resident, thanked staff for their fine work. He said his purchase was motivated by the location. This was a dead end street, and they were comfortable. They had ~,. done their homework on the area zoning, and they saw lots that complimented their own home values. It was reasonable to expect that these homes on 1.25-acre lots would probably be more than their own. He said the proposed plan is not consistent with that scenazio. The houses are awfully close to his lot (Lot 17), and two houses will be very close to his lot line. This is over twice the current zoning, and increases traffic in a very child-centric neighborhood. The closeness was not comfortable and should not be repeated. Kevin Walter, resident of Lot 18, said he had worked with staff originally, and wrote a detailed letter stating his concerns about the original presentation. The plan may be better and address some concerns, but several concerns from the staff report have not been addressed. Mr. Walter said the tree preservation plan was critical, and the sizeable trees at the southern end should be preserved. The Belvedere setback is very significant. He would like to see some parkland dedicated or better use of the space to preserve the mature trees. He said lot size, depth, and setbacks are inconsistent with the current buildable lot and setbacks in Belvedere. Mr. Walter was very concerned the high density was greater than 2.0 du/ac. Drainage is also a concern as his lot receives considerable drainage now. He said the setbacks along Avery Road were choppy. He requested that his original letter be distributed. Hugo Beltran, a Ross Bend resident, said he moved there because to prevent his children from being exposed to high traffic. He said Mr. Turnock had done a great job. This plan is congested. ,A Barb Cox said the staff report incorrectly stated no preliminary stormwater calculations were submitted. They were actually misplaced. This site is required to have on-site stormwater management; it was not accounted for in the sizing of the Belvedere pond. Mr. Gerber said he was present when the Commission approved the first plan for four lots, and they worked hard on it. It was a fantastic product then, but this proposal is too dense and too close to Avery Road. They are trying to adhere to the Community Plan and keep the density in this area consistent. He was not sure he could support a revision to what he was seeing tonight. Ms. Boring said she did not think the applicant should be made to go through the process again if the Commission cannot accept this number of houses. It is too bad that this parcel was not included in the Belvedere plan. She realized everyone in Belvedere had young children, but she did not consider nine houses a major traffic concern. She said they had an enhanced scenic road concept along here and are thrilled with how Belvedere was doing. She agreed that the setbacks were too choppy along Avery Road. This defeats the scenic concept. Ms. Boring said this site appeared to be under construction according to the first approved plan. She noted that tree preservation fencing was never erected, and some trees may have been lost. 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -June 5, 2003 Page 12 Ms. Boring said she could not support anything like this on the roadway. The green setback begun in Belvedere should be continued. Mr. Forster requested tabling. Mr. Gerber said this is the second time this has been tabled, and he hoped the message about density and setbacks was being heard. He hoped they could work with staff to address these issues. He thought it was fair to offer the opportunity for tabling. Ms. Boring requested that in the future, a better total picture of the surrounding neighborhood is needed to evaluate setbacks. She requested more area slides. Mr. Ritchie agree. It is important to see how this development relates to Belvedere and other areas around it. Mr. Forster agreed to work with Mr. Turnock. Mr. Saneholtz said an additional setback of five feet would be adequate. Mr. Gerber agreed. Ms. Clarke wanted to make sure the minutes reflected the proper record. .She said the applications that have been before the Commission for this property previously were not rezoning applications, they were preliminary and final plats based on the R-1 zoning. Mr. Ritchie made the motion to table this rezoning as requested. Mr. Gerber seconded.. Ms. Boring suggested contacting the Belvedere association. Mr. Forster said they met with one resident them. Mr. Gerber suggested meeting with tonight's speakers. Mr. Forster agreed. The vote was as follows: Ms. Boring, yes; Mr. Zimmerman, yes; Mr. Saneholtz, yes; Mr. Messineo, yes; Mr. Gerber, yes; and Mr. Ritchie, yes. (Tabled 6-0.) Mr. Gerber said he hoped this could be resolved. '1 8, mation eetin vie ed ions. strative rp eallof the num ation to c ent Code ections an change ref ences from Zoning Ad inistrator" t "Pla ing Direc r." Con 'tent with e previous irection, references o Chairma or C irperson ere Chang to Chair. rammatic errors wer corrected. 1 S-day lea time rior tot meeting f all submit d documen was inco rated. Thi ermits time or staff review d for the mplete dos ents avail e for publi review, wh~ is required e said un r "Powers nd Duties" e word "P "had be cbanRP~ h staff t~ "Plat" because t ~ seemed to e an error. P is were not entioned e ewher 02-1382 Preliminary Development Plan Hansel Subdivision 8. Ad inistrative quest 03- 3ADM - mendme s to Rule and Reg tions Mr. Ba efsky said ese ame ents res ed from e admini ative me ing on A 2003 he draft fitted a pr ision to dress sw 'ng in w' esses cross ex~ pr edures. He resented t two para aphs for i usion. s. Clarke aid the ose of e admin' rative m ing was discuss e m procedur , commu ~ ation wit taff, etc. he said t ules an egulatio were re parag h by par raph, an en staff afted ame ments to atch the r uested rev Th revisions ~ dude fins orating ministrati an oath all spea rs on admi es but c ss exami tion was t inco or d. The c ges bein suggested dat ._crn c-r- ul lu.l~ Division of Planning 5800 Shier-Rings Road Dublin, Ohio 43016-1236 Phoae/iD0:614-410-4600 fax: 614-761-6566 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION JULY 10, 2003 The Planning and Zoning Commission took the following action at this meeting: 6. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Location: S.0 acres located on the west side of Avery Road, about 200 feet north of Belvedere Green Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District. Proposed Use: Asingle-family subdivision of nine lots and no open space. Applicant: Lenker and Larson, Ltd., 5900 Cromdale Drive, Dublin, Ohio 43017; represented by Fred T. Forster, 7570 Fisher Drive South, Dublin, Ohio 43016. Staff Contact: Kolby Turnock, Planner. MOTION: To disapprove this rezoning application because the setback from Avery Road does not provide for the intended scenic corridor established in the Community Plan, the density exceeds that of surrounding developments, the appearance from Avery Road will be out of character with surrounding developments and does not conform with appropriate comprehensive planning, the layout fails to maintain the minimum buildable depth as stated in Section 152.019(C)(7) for Lots 1 and S, the text does not adequately address architectural detailing of lots backing up to Avery Road, and tree preservation problems are unresolved, and based on the testimony presented at this meeting. VOTE: 6-0-1. RESULT: This rezoning application was disapproved. It will be sent to City Council with a negative recommendation. STAFF CERTIFICATION ,' ~ - Barbara M. Clarke Planning Director 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -July 10, 2003 Page 11 Mr. The Mr. an made motion to tab this developm as follow~s•~vlr. Ritchie, ye Mr. Gerber, yes; Mr. Mr. Gerber th ed everybody\ ether to desi nice park for plan, and Mr. 11~ • Ms. Boring, ye yes; and r. Zimmerman, es. (Tabled 7-~ r attending. e encouraged e residents ~e community. sineo seconded it. Mr. Sprague, yes; to work 5. Co cept Plan/Prel inary Develo ent Plan 02-0 CP/Z -River a Village (for erly the it Store) - 765 iverside Driv The applic t submitted a p 'or written requ to postpone th case. There w no discussion action taken. 6. Rezoning 02-1382 -Preliminary Development Plan -Hansel Subdivision Kolby Turnock noted that the staff report case information should have indicated eight lots, not nine. He said changes had been made to the no-build zones along Avery Road since the last plan the Commission tabled. Mr. Gerber said the applicant requested tabling on June 5, 2003 after hearing the Commission and staff comments on the setback. He said they were promised those issues would be resolved. Bill Loveland, representing F.M. Avery Ltd., said the Commission approved an application to create four lots here in 1998. Those lots have been unmarketable. He said the site is rectangular with the long side along Avery Road. Mr. Loveland said many buildings are very close to Avery Road, but at some point that it becomes a scenic corridor. He said the applicant has made every effort to push things back from Avery Road and beautify Avery Road along this development. These include eliminating any curb cuts onto Avery Road and widening the setback. In September 2002, the Commission reviewed a proposal for ten lots, by creating a through street from Avery Road to the sub street on the west side. Objections to density and setbacks were made, so they reduced the plan to nine lots. There were still concerns over setbacks and density. Now, the proposal is for eight lots with greater openspace and the widest possible buffer. Mr. Loveland said the applicant seeks approval of a zoning plan that is comparable to other area zoning approvals. He said this has not been a cooperative negotiation, and the staff hold him on Friday, "There is no way staff is going to approve anything other than four lots facing Avery Road. It does not matter what changes are made or done." He is not accustomed to being told there is nothing that can be done to make the plan approvable. It was contrary to the spirit of cooperation indicated by this Commission. They believe this plan complies with all the specific Dublin Code issues. The applicant just received a City notice stating the property is proposed for the R-l, Restricted Residential District, but the staff report states it is already zoned R-1. Mr. Loveland said Belvedere was approved at 1.78 du/ac, but the staff report stated it is 1.8 du/ac. This actually 1.6 du/ac, less dense that other approved subdivisions along Avery Road. He said the target density in this area is between 1 and 2 du/ac. The staff report also complains 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -July 10, 2003 Page 12 about the lack of tree preservation. Mr. Loveland said the Code does not require a tree preservation plan until commencement of construction. Mr. Loveland said the development text states the fencing will exactly match that on the Belvedere subdivision. The staff report states the fence detail has not been provided. He said the landscaping plan is required at the final development plan, not now. The applicant will provide island planting in the center of the cul de sac. He said tree issues from prior events were not relevant to the question of the proposed future use for the site. All tree replacement requirements and buffering requirements will be met. He said calculations for stormwater detention calculations have been provided and approved. The text requires the deed restrictions to match those for the Belvedere subdivision. Mr. Loveland said if a 200-foot setback is required on this 300-foot wide five-acre parcel of land, it leaves no room for development. This new plan provides for a very generous setback on Avery Road, exceeding that on many other areas along Avery Road. He said Bases 3 in the staff report was very subjective. This will be attractive and set back well from Avery Road. They eliminated several of the lots, and this complies with the comprehensive plan which calls for residential use at 2 du/ac or less. He said their engineers believed that Lot 1 now has the 65-foot required buildable depth. He said Lot 5, to preserve the bikepath area, does have a reduced building depth. It is restricted to decks only. Mr. Loveland did state that the plan is subject to modification and variance by the Commission as it considers the plan. Regarding Bases 5, the applicant has stated that everything will be of natural materials. There will be no siding, just brick or masonry. He said if the Commission finds it appropriate to add conditions to an approval regarding architectural appearance, that is acceptable. Mr. Loveland said the revised plan conforms with every Code requirement and the elements of good planning. He said when Dublin approved the Belvedere subdivision, it required a stub street to access this property. The applicant wants to complete that subdivision and utilize the stub street that was created for access, but there is a lot of opposition. Mr. Loveland said they are very flexible and willing to accept modifications and changes. He asked for support. Chad Gibson clarified that he and Mr. Turnock had met with Mr. Loveland recently. They did not indicate to Mr. Loveland that only afour-lot subdivision could be developed. He said they gave suggestions, thoughts, and ideas on what could be approved versus the current proposal. Dave Wurm, Ross Bend, estimated that 80 percent of his neighborhood agrees with the staff report recommendations. He said the original R-1 zoning with four lots and the traffic pattern going out to Avery Road was exactly what adjacent residents expected. He said the Belvedere setback was beautiful. He said consistent setbacks were important. Chris Nelson, Ross Bend, said last year they were told that these front lots would empty out onto Avery Road, creating nearly a cul de sac situation on Ross Bend/Bellow Valley Drive. He said there was an opportunity for this site to be incorporated into Belvedere, but it was chosen not to do so. He said the density proposed is not the same Belvedere's. He agreed with the staff recommendations. He suggested using deed restrictions to maintain area values. 02-13 82 Preliminary Development Plan T-cancel Cnh~livicinn Dublin Planning and Zoning Commission Minutes -July 10, 2003 Page 13 Kevin Cheesman, Bellow Valley Drive, agreed with the other speakers. He said the reason they bought a home in this neighborhood because of child safety and the lack of traffic. Kevin Walter, Ross Bend, said he spoke at the last hearing, but he still had concerns about the density and the buildable depth. Lot 5 is marked at 47 feet, and that is smaller than any lot in Belvedere. Mr. Walter said the Commission recommended that the applicant communicate with the speakers at the previous meeting to work out issues, but this never occurred. The Belvedere covenants should be met. He said the applicant seemed to be dismissive of the tree preservation plan. He said since the last storm, there aze downed trees with limbs -hanging on the site. Steve Lenker, manager of Lenker and Lazson, Ltd., said he took exception to some of the things being said. He said he presented over 500 single-family lots to the Commission, including the last 15 phases of Muirfield, except Phase 43. He said they had always negotiated in good faith. Mr. Lenker said their subdivisions had been top quality. They bought this property to relieve Mrs. Hansel when Showcase Homes did not perform on its contract. They have every intention of making this a beautiful subdivision and beautifying Avery Road. He stated that that Mr. Turnock specifically said more than four lots would not supported. Mr. Turnock disagreed. Mr. Gerber said they were not here to attack anyone, but to review the application. He said it is hazd to believe the plan approved in March 2001 is not mazketable. He noted this was tabled at the last Commission meeting because the applicant had a new plan. The Commission conveyed its serious concerns about the setback at that time, and the applicant assured that these would be addressed. Mr. Gerber said tonight's staff report indicated that nothing has been done in that respect, and he was disappointed that the applicant did not follow through on this. Mr. Ritchie said his major concerns with the proposal from the beginning have been the Avery Road appearance and setbacks. They have not been addressed in the last three proposals. He supported staff s recommendation. Mr. Saneholtz agreed. He said the comparisons to other neighborhoods do not legitimize, in his mind, making exceptions for this particular plan. Mr. Sprague said this is not an easy site. All the land previously zoned R-1 is now zoned PUD, and it is reasonable to expect careful review of this application. He said Mr. Loveland made several good points. He believes the application complies with the rezoning minimums. There is more work needed, however, to improve setbacks and visual corridor along Avery Road. This site is not categorically different from other sites, and it could be done well. The applicant seems to be working in good faith, and there is not adequate reason to hold up the application. He would like greater setbacks, but it might not be possible with this site and the stub. Ms. Boring said she tended to agree with Mr. Sprague, but on Brand, Martin and Post Roads, increasing the setbacks has been encouraged. If this PUD were approved, then the next step is the final plat. Ms. Boring said this misses the mark and being incorporated into the Belvedere homeowners' association will certainly have a cost. She said the setbacks are important, and repeating the mistakes will never improve the community. That is why Dublin relies on the Community Plan. She believed there were too many outstanding issues to proceed to approval. 02-1382 Preliminary Development Plan Hansel Subdivision Dublin Planning and Zoning Commission Minutes -July 10, 2003 Page 14 Mr. Gerber said in March 2001, the four lots had an extensive setback because of the Community Plan issues along this scenic corridor. Mr. Sprague thought this plan worked, but it does less for preservation than the four-lot plan. Mr. Gerber said the appearance from Avery Road was out of character and it does not fit with Belvedere. The buildable depth (Section 152.019 C (7)) for Lots 1 and 5 is not met. For these reasons, he could not support this. Mr. Zimmerman agreed with these comments. Mr. Messineo declared that he had a business relationship with Mr. Loveland, and he needed to abstain from voting on this case. Mr. Gerber made a motion to disapprove this rezoning application because the setback from Avery Road does not provide for the intended scenic corridor established in the Community Plan, the density exceeds that of surrounding developments, the appearance from Avery Road will be out of character with surrounding developments and does not conform with appropriate comprehensive planning, the layout fails to maintain the minimum buildable depth as stated in Section 152.019(C)(7) for Lots 1 and 5, the text does not adequately address architectural detailing of lots backing up to Avery Road, and tree preservation problems are unresolved, and based on the testimony presented at this meeting. Mr. Saneholtz seconded the motion, and the vote was as follows: Mr. Ritchie, yes; Ms. Boring, yes; Mr. Zimmerman, yes; Mr. Sprague, yes; Mr. Saneholtz, yes; Mr. Messineo, abstain; and Mr. Gerber, yes. (Disapproved 6-0-1.) 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