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Ordinance 14-12RECORD OF ORDINANCES Davmn L Bla Inc. Ordinance Na 14 -12 ormNe.._0043 Passed 20 AN ORDINANCE REZONING APPROXIMATELY 18.5 ACRES, LOCATED ON THE NORTH SIDE OF BRAND ROAD, APPROXIMATELY 700 FEET WEST OF COVENTRY WOODS DRIVE FROM RAND R -1 TO PLANNED UNIT DEVELOPMENT DISTRICT (WELLINGTON RESERVE PUD) TO ESTABLISH A 28 LOT SINGLE - FAMILY DETACHED RESIDENTIAL DEVELOPMENT AND 3.6 ACRES OF OPEN SPACE. (CASE 08- 038Z /PDP /PP) N HEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The following described real estate, (see attached legal description), 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 . The application, including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance there within. Section 3 . This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this day of A ou 2012. �Z��g ypv'"' Mayor - Pres ing Officer ATTEST: Clerk of Council ORDINANCE 14- 12— WELLINGTON RESERVE PUD— ADDITIONAL CONDITIONS APPENDED BY COUNCIL ON 3 -26 -12 11. That a temporary metal or wood construction fence be installed around the critical root zone of Tree #740. 12. That the applicant work with Engineering to install, if deemed appropriate, a wood guard rail along the Brand Road frontage. 13. That the applicant work with adjacent property owners to address their drainage issues. Office of the City Manager 5200 Emerald Prkway * City of Dublin Phone: 614 - 410.4400 • Fax: - 4490 43017-1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: March 22, 2012 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Claudia D. Husak, AICP, Planner II Memo Re: Ordinance 14 -12 - Rezoning Approximately 18.5 Acres, Located on the North Side of Brand Road, Approximately 700 Feet West of Coventry Woods Drive from R and R -1 to Planned Unit Development District (Wellington Reserve PUD) to Establish a 28 -Lot Single - Family Detached Residential Development and 3.6 Acres of Open Space. (Case 08- 038Z /PDP /PP) Summary Ordinance 14 -12 was introduced at the March 12, 2012 City Council meeting. Due to concerns raised by adjacent residents, Council had questions regarding tree preservation, drainage, roadway alignment, and HOA maintenance responsibilities. Engineering staff has prepared a separate memo and exhibits addressing drainage (see attached), and this memo will provide additional information on the other concerns. The applicant has revised the development text to address issues discussed at the first reading. In addition, the preliminary development plan was revised to move the cul -de -sac bulb and Wellington Reserve Drive approximately 10 feet to the west to increase the lot depth for lots adjacent to those in Wellington Place to be the same as approved at the Planning and Zoning Commission. Roadway Alignment The preliminary development plan reviewed at the first reading of this ordinance centered the cul -de -sac bulb in the northern portion of the site as well as the road leading north to the cul- de -sac. This design placed the road closer to the eastern property line and reduced the lot depth for the lots adjacent to the Wellington Place subdivision by 5 to 9 feet. Based on concerns by adjacent residents, the plan was revised for the second reading to move the cul- de -sac bulb and the roadway to the west to increase the lot depths to what they were as approved by the Planning and Zoning Commission. At the first reading, an adjacent resident to the north suggested moving the cul -de -sac farther south to create a larger rear yard for Lots 16 through 18 to allow an extensive tree preservation zone along those three lots (see attachment). The applicant has worked with Engineering to design a cul -de -sac to meet the required City standards and changing its location or shape would create awkwardly shaped -lots that would not meet the development text for lot width and force home undesirable house locations. Tree Preservation and Replacement The applicants have made changes to the proposed development text to require a 40 -foot tree Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 22, 2012 Page 2 of 4 preservation zone (instead of the tree enhancement zone previously in place) along lots in the northern portion of the site that have significant vegetation. The applicant has identified the appropriate location of the tree preservation zone along the rear of Lots 17 and 18, as those lots have the most significant tree stands. The preliminary plat also shows this zone. The text has also been updated to require a temporary metal or wood fence at a minimum height of four feet be installed along the borders of the tree preservation zone during construction and until its removal is permitted by the City Forester. The development text now contains a definition for the tree preservation zone, which prohibits any structures to be located within the zone or any work performed in the zone that would alter or damage its natural state, but allows the removal of dead, decayed, or noxious landscape material. Staff has revisited the site and confirmed the health of the large beech tree in the northern portion. Tree #740 was measured at 29 inches and is in good condition. The tree is located approximately 10 feet outside the tree preservation zone and should also be protected with the temporary metal or wood fence during construction. The applicant has also provided an aerial view of the northern portion of the site that illustrates that the woods in this area are not as numerous or substantial as the ones in Wellington Park. Tree preservation and replacement information is required with the final development plan. The preliminary development plan contains a preliminary tree survey that identifies all trees six inches or greater in diameter and their health (Preliminary Development Plan, pages 5 through 7; a large copy of this plan will be placed in the Council Planning room). The applicant has provided an illustrative master plan of the development that shows in light green the trees that may be preserved depending on final home locations as well as potential numbers and locations of replacement trees. This illustrative master plan is not based on a detailed tree survey and replacement plan as required at the final development plan stage and is only intended to illustrate the tree replacement intent of the development. The applicant, as requested at the first reading, has modified the proposed development text to reflect the typical tree waiver requirement of tree - for -tree replacement for trees measuring six inches and up to 24 inches in good or fair condition and inch - for -inch replacement for trees 24 inches and above in good or fair condition. Perimeter Landscape Buffer A perimeter landscape buffer is required within the rear setback on all lots. Some residents were concerned at the first reading that existing trees would be removed and replaced with other plant material to meet this buffer requirement. The text states that the buffer may consist of existing vegetation and requires the incorporation of existing trees and vegetation. Areas of preserved trees and vegetation can be deemed to meet the opacity requirement, but may be supplemented with other plantings. At the final development plan, Planning will work with the applicant to identify trees to be preserved and incorporated into the buffer as well as specific areas where additional plant Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 22, 2012 Page 3 of 4 material for buffering is appropriate. As a response to concerns raised at the first reading, the applicants created an illustration showing potential designs for the buffer along the rear of three sample lots with varying numbers of existing trees incorporated into the buffer. HOA Maintenance The development text was updated to clearly state that the homeowners association is responsible for the maintenance of the dedicated right -of -way of the potential future extension of Ballybridge Drive to the west. The text also requires that the potential street extension be noted on the final plat and on the property title of the two adjacent lots. A sign is also required to be placed and maintained by the HOA. As proposed in the development text and preliminary development plan, the open space areas within Wellington Reserve will be low- maintenance woodland areas, which is a different design from what is present within the open space areas of neighboring subdivisions. It is staff's expectation that once the Brand Road setback open space is established and the maintenance responsibility turned over to the homeowners from the developer, ongoing maintenance will be lower than what other HOAs experience. We have included information from Ordinance No. 82 -02 that related to the request for relief from maintenance requirements associated with The Meadows of Wyndham Village. Other The development text does not permit rear - loaded garages. This language was changed since review at the Planning and Zoning Commission. Recommendation Planning recommends City Council approval of Ordinance 14 -12 at the second reading /public hearing on March 26, 2012 with the 10 conditions approved at the Planning and Zoning Commission recommendation and the following additional condition: 11) That a temporary metal or wood construction fence be installed around the critical root zone of Tree #740 outside the tree protection zone. Planning and Zoning Commission Conditions 1) That the developer be required to notify the future property owners in the northern part of this site regarding the possible future road extension; 2) That the development text be modified to clarify that the proposed landscape buffer planted within the tree enhancement zone of Lots 1 through 18 will be installed by the developer and maintained by the individual homeowners; 3) That, if deemed appropriate by the City Engineer, in lieu of constructing the multi -use path along Brand Road, the applicant be required to contribute financially to the City's Brand Road multi -use path installation; 4) That the applicant be required to install an off -site left turn lane from Brand Road to Wellington Reserve Drive as recommended by the traffic study, to the satisfaction of the City Engineer; Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 22, 2012 Page 4 of 4 5) That the development text be revised to duplicate the fence restrictions of the surrounding neighborhoods; 6) That the development text and plans be updated to indicate "multi -use paths" instead of bikepaths; 7) That the tree replacement language in the development text be revised to require inch - for -inch replacement for trees 12 inches and greater; 8) That the text clarify that any supplemental plantings within the Tree Enhancement Zone shall not be counted toward required replacement trees; 9) That the details of plantings within the proposed Landscape Buffer be reviewed and approved at the final development plan stage to ensure existing trees are preserved where possible and incorporated into the buffer; and 10) That the developer work with the residents to the south of the proposed access point to provide a landscape screen, subject to approval by Planning. Preliminary Development Plan WE LLI NGTON RESERVE Dublin O h i o Land Owner. Developer: Legal Land Planning/ Landscape Architecture: Engineering: CASTO Davidson Phillips Smith and Hale The EDGE Group EMH &T 191 West Nationwide Blvd., Suite 200 4020 Venture Ct. Suite D 37 W Broad St, Ste 725 1400 Goodale Blvd., Suite 100 5500 New Albany Road Columbus, Ohio 43215 Columbus, OH 43228 Columbus, OH 43215 Columbus, OH 43212 Columbus, OH 43054 Phone_ (614) 777 -9325 Phone_ (614) 221 -4255 Phone_ (614) 486 -3343 Phone_ (614) 775 -4710 Phone: (614) 744 -2008 Contact Charles Ruma Contact Jack Reynolds Contact Greg Chillog Contact Linda Menery Contact: Justin Bird Approved. Dublin Planning and Zoning Commission, January 5, 1011 5ubmittak Dublin City Council, March 16, 2072 WELLINGTON RESERVE SECTION I — Development Overview I. LOCATION AND SIZE II. EXISTING CONDITIONS AND CHARACTER III. EXISTING AND PROPOSED LAND USES IV. PARKS AND OPEN SPACE V. PROVISION OF UTILITIES VI. ACCESS AND CIRCULATION Table of Contents SECTION II — Development Standards SECTION III — Exhibits DO -1 I. DEVELOPMENT STANDARDS DS -1 PDP -1 REGIONAL CONTEXT MAP DO -1 II. PERMITTED USES DS -1 PDP -2 VICINITY MAP DO -1 III. DENSITY DS -1 PDP -3 AERIAL PHOTOGRAPH DO -1 IV. LOT STANDARDS DS -1 PDP -4 BOUNDARY MAP /SURVEY DO -1 V. STREET ACCESS AND /OR DS -1 PDP -5 EXISTING CONDITIONS MAP DO -2 IMPROVEMENTS PDP -6 TREE SURVEY LIST VI. STREET STANDARDS DS -1 PDP -7 TREE SURVEY LIST & ANALYSIS VII. UTILITIES DS -1 1/3 TITLE SHEET & INDIX MAP VIII. STORM WATER MANAGEMENT DS -1 2/3 PRELIMINARY PLAT IX. TREE PRESERVATION, REMOVAL DS -2 3/3 UTILITY /GRADING PLAN AND REPLACEMENT X. PARKS AND OPEN SPACE DS -2 XI. ARCHITECTURE DS -2 XII. LANDSCAPING DS -3 XIII. HOMEOWNERS ASSOCIATION DS -4 SECTION I- Development Overview WELLINGTON RESERVE Location and Size • The site is located completely within the City of Dublin and Franklin County. • The 18.584± acre site is located on the north side of Brand Road, approximately 730' east of the intersection of Coffman Road and Brand Road, immediately west of the Wellington Woods subdivision. The property is one of several remaining parcels along Brand Road that are undeveloped between the Wellington Woods subdivision and the Brandon subdivision. • There is approximately 950' of frontage along Brand Road. • The site measures approximately 1,500' at its deepest point. II. Existing Conditions and Character • The site is L- shaped with a large portion of the site in woods, the balance being grassed and meadows. Tree rows and brush line the perimeter of the property. Substantial portions of the trees on this site are overgrown with vines or are vine damaged. • 921 trees exist on the site, 71 of those are landmark trees. Of the 921 trees, 241 (26 %) are in poor condition, 28 (12 %) of those are landmark trees in poor condition. • The site is located in the North Fork Indian Run Watershed. The site generally drains from west to east. The site is located entirely out of the 100 year floodplain. • The site is generally flat; there are no steep slopes on the site. • No buildings exist on the site. III. Existing and Proposed Land Uses • The Dublin Community Plan - Existing Land Use Map designates the site as "undeveloped." • Surrounding land uses include: single - family detached residential (Wellington Place, Brandon, Coventry Woods, Asherton of Dublin) private institutional (Berean Bible Church, Dublin Baptist Church), public institutional (Bailey Elemetary School), parks (Wellington Park, Brandon Park), and residential and institutional uses in surrounding unincorporated areas. • Proposed uses are residential, open space and parks. • The proposal is to develop the tract with 28 single - family lots for a gross density of 1.50 units per acre. IV. Parks and Open Space • A total of 3.5± acres ( ±18.8 %) will remain free of development and will include the required Brand Road setback and the stormwater management facilities. • The open space areas will be owned by the City of Dublin and maintained by a private home owners association. V. Provision of Utilities General • All utilities, including sanitary sewer, water, telephone, electric, and gas, are available at this site. • All utilities will be designed and constructed to meet the standards established by the City of Dublin Engineer. • A comprehensive storm water management system will meet City of Dublin design criteria. • All utilities shall be placed in appropriate locations on the lots that will best preserve the existing trees in good or fair condition. Sanitary Sewer • Sanitary sewer service to Wellington Reserve will be provided from two locations. The northern portion of the proposed development will be service from an existing 8 -inch line that is located between 2lots on Kilbrittan Lane in the Wellington Place Development Section 2, backing to proposed lot 11. Although a second line is stubbed to the proposed development from Section 2 at the western end of Ballybridge Drive, the depth of this sewer is not adequate to serve the remaining southern portion of the proposed development. Therefore, a manhole will be cast in place on the existing 10 -inch sanitary sewer located at the northwest corner of the intersection of Coventry Woods Drive and Brand Road and an 8- inch line will be extended 500 -feet to the Wellington Reserve site. This sewer extension will occur through property owned by the City of Dublin and appropriate easements will be placed on the easement as required by the City of Columbus. • Sanitary lines will be sized and located to accommodate future development of the undeveloped property to the west. Development Overview Water • An existing 16 -inch water main along the south side of Brand Road should be adequate to provide service to this site. • Public water mains will be constructed along the proposed roadways within the development. • An 8 -inch water main stubbed at the end of Ballybridge Drive will be tied into the new public system which will aid in service to this site. • Water lines will be sized and located to accommodate future development of the undeveloped property to the west. Storm Water - Existing • The site drains from west to east to existing storm sewer inlets that were installed with the Wellington Place Development. • 4 acres of offsite area drains from the west across the site to the storm sewer inlets mentioned above. • The predominant soil type is Blount, a Type C soil, corresponding to a pre - developed runoff curve number of 70. Storm Water -Post Developed • In the post - development condition the site drainage will be handled by two separate stormwater management systems. One system will be considered the "clean water system" and will accept drainage from pervious areas such as rear yards, side yards and the offsite 4 acres mentioned above. The other system will be the "developed area system." It will accept drainage from impervious areas such as roadways, driveways, roofs, and sidewalks and some back yard drainage. In regards to the "clean water system" the offsite 4 acres tributary to proposed lots 21 and 22 along with vegetated back yard and side yard areas are being collected and discharged to an existing 24 -inch storm sewer located between 2 existing lots along Kilbrittan Lane in the Wellington Place Development (backing to proposed lots 9 and 10.) The storm sewer system is considered a "clean water system" in light of the fact that only wooded or open space areas are being collected by the storm sewer system; therefore detention and water quality are not being provided for these vegetated areas. The "developed area system" will be directed to a dry basin with a wet micro -pool on the east side of the entry drive. The total developed tributary area to the basin is approximately 13.2 acres with a composite runoff curve number of 83. The 1 -year pre - developed runoff volume is 0.339 ac-ft for the pre - developed 13.2 acres of drainage area and the 1 -year post - developed runoff volume increases to 0.895 ac-ft, an increase of 164% resulting in a 25 -year critical storm. The allowable release rate based on the City of Dublin stormwater master plan for the 1 -year event is 0.1 cfs /acre; therefore the allowable release for the 25 -year event is 1.32 cfs. The 100 -year DO -1 WELLINGTON RESERVE event allowable release is 0.5 cfs /acre for a total allowable of 6.60 cfs. The outlet of the basin drains to a 21 -inch storm sewer which ties into the existing 21 -inch storm sewer in Wellington Place. The proposed 21 -inch has available capacity for the 100 -year event. Please note, the site is located in the North Fork Indian Run Watershed. Water quality is provided by the use of a dry basin per Ohio EPA and City of Dublin requirements. The outlet for the basin will be a three -stage outlet, with the first stage providing the required 48 hour water quality drawdown. The second stage controls the 25- yearevent, and the third stage the 100 -year event. The required storage to meet all of these requirements is 2.9 ac-ft. VI. Access and Circulation • Vehicular access to the site will be from a single access point on Brand Road and from the existing Ballybridge Drive. • Wellington Reserve Drive will extend from Brand Road to the northern end of the site. • Ballybridge Drive will be extended from the stub at the eastern property line to Wellington Reserve Drive. • A street stub will be provided to the property west of the site. Development Overview SECTION II- Development Standards WELLINGTON RESERVE I. DEVELOPMENT STANDARDS Basic development standards are addressed in this text regarding proposed density, general site issues, traffic, circulation, landscaping, and architecture. These component standards ensure consistency and quality throughout the development. Unless otherwise specified in the submitted drawings or in this written text, the development standards of Chapter 152 and 153 of the City of Dublin Code shall apply. II. PERMITTED USES Permitted uses shall include the following: A. Single- family detachedhomes. B. Open spaces and related park features. III. DENSITY A maximum of 28 residential homes shall be permitted in this PUD. IV. LOT STANDARDS Single - family homes in this development will be constructed on traditional lots with fee simple ownership. Specific lot standards shall apply to each of these development types: A. Fee simple lots 1. Lot Size a. Lot Area: 12,600 square feet minimum b. Lot Width at the building line: 90 feet minimum c. Lot Depth: 140 feet minimum 2. Lot Setbacks a. Front yard: There shall be a Build -Zone of 10 feet starting at 20 feet from the right-of-way line or as shown on the approved preliminary plat. Homes must be located within the Build -Zone, which will allow flexibility in staggering of the homes along the street frontage. The requirements of the Subdivision Regulations Chapter 152.019(C)(6) shall not be applicable to this development. b. Rear yard: There shall be a minimum rear yard setback of 30 or 40 feet as indicated on the preliminary plat. c. Side yard: There shall be a minimum side yard of 6 feet for buildings, provided, however, that there shall be a minimum of 14' total side yard per lot. d. Brand Road: There shall be a minimum scenic setback of 100 feet from Brand Road, as measured from the proposed right -of- way. Detention, landscaping, multi -use path, open space, park amenities and an entry feature may be located within this setback to enhance the rural character of the Brand Road corridor. 3. Lot Coverage The maximum lot coverage shall be 45 %. V. STREET ACCESS AND /OR IMPROVEMENTS A. Access 1. Brand Road: a. A new intersection shall be provided. 2. Ballybridge Drive: a. Ballybridge Drive shall be extended west to Wellington Reserve Drive. 3. Adjacent Properties: a. Right -of -way shall be dedicated for a potential future street extension to the property immediately west of the site. Construction of the street pavement and extension of utilities may occur in the future. b. Notation of the potential for future street extension shall be made on the preliminary and final plats and the title of the two adjacent lots. c. Signage identifying the potential for future street extension shall be installed and maintained by the HOA VI. STREET STANDARDS A. Public Streets 1. Right -of -Way Width: 50 feet minimum Development Standards 2. Pavement Width: 28 feet minimum for the Ballybridge Drive extension and for all other public streets, as measured back -of -curb to back -of -curb 3. Drive Lanes: Two (2) 4. Parking Lanes: Parking shall be permitted on one side of public streets internal to the PUD opposite the waterline and hydrants. 5. Tree Lawn: May vary based on existing vegetation, but shall in no case be less than 7 feet in width. 6. Sidewalk: 4 feet wide minimum; sidewalks shall be concrete. No sidewalk is required where it does not front a single family lot. 7. Multi -use path: 8 feet wide minimum; multi-use paths shall be constructed of concrete when located in front of lots and of asphalt when located elsewhere. B. Private Sidewalks 1. A minimum 3 -foot wide sidewalk shall be required for every residence. This private side walk shall extend from the front door to the driveway, where applicable, as the driveway may abut the front door. VII. UTILITIES A. Design and Construction 1. All utilities shall be designed and constructed to meet the standards established by the City of Dublin Engineer. B. Location 1. All utilities shall be placed in appropriate locations on the individual home lots that will best preserve the existing trees in good or fair condition. VIII. STORM WATER MANAGEMENT A. Design and Construction 1. A comprehensive storm water management system shall be developed, following the City of Dublin storm water management policies. DS -1 WELLINGTON RESERVE 2. Stormwater management in the post development condition is anticipated to be handled by two separate systems: a "clean water system" to accept drainage from pervious rear and side yard and a "developed area system" to accept impervious areas such as roadways, sidewalks, driveways, roofs and some back yard drainage. a. The "clean water system" will accept a portion of the offsite drainage from the west and on site drainage collected in side and rear yards which will then be discharged to a rear yard catch basin. Because these areas are wooded and/or open space and will remain so, detention and water quality will not be provided for these areas. b. The "developed area system" shall be generally located along Brand Road to include both dry basins and a wet micro -pool. IX. TREE PRESERVATION, REMOVALAND REPLACEMENT A. Tree Preservation 1. It is the intent of the developer to preserve as many good and fair condition trees as possible on site. A good faith effort will be made to preserve existing trees in good and fair condition where appropriate. Any trees 6 inches of caliper or greater in good or fair condition removed during development of the site or home lots shall be accounted for on the Tree Replacement Plan. B. Tree Preservation Zone 1. A 40' wide tree preservation zone shall be established at the rear of lots with significant mature tree stands along the northern most property line and shall be indicated on the preliminary and final plats. 2. A temporary metal or wood construction fence, minimum 4' in height, shall be installed around the perimeter of the tree preservation zone prior to any construction activities. The fence location shall be indicated on the final development plan and shall remain in place until occupancy has been granted or as otherwise approved by the City Forester for lots 17 and 18, as indicated on the preliminary plat. 3. No building, structure, fence, patio, recreational or athletic facility, or any other improvement of any kind may placed temporarily or permanently upon, in or under the area designated hereon as a "Tree Preservation Zone" nor shall any work be performed thereon which would alter the natural state of the zone or damage any of the trees or vegetation therein, except as specifically permitted at the final development plan stage to meet the intent of the perimeter landscape buffer requirement. 4. Disturbance of any part of the zone by maintenance shall be restored as nearly as practicable to the original condition. No tree or vegetation may be removed from the zone except for the removal of dead, diseased, decayed, or noxious trees and other vegetation or as may be required for conservation or aesthetic purposes or in keeping with good forest management practices. C. Tree Replacement Plan 1. If approved by City Council, tree replacement shall be as outlined below. a. Existing trees removed that measure 6 inches and up to, but not including 24 inches in caliper, in good or fair condition, shall be replaced tree for tree, one replacement tree for every tree removed in good or fair condition. b. Replacement trees shall have a minimum caliper size of 2 /z inches and may include evergreen species. c. Existing trees in good or fair condition, removed that measure 24 inches and greater in caliper shall be replaced "inch per inch ", one replacement inch for every inch removed in good or fair condition. d. The master developer shall be responsible for the replacement of all subject trees affected due to the development of the site. e. All site required tree replacement must be completed prior to the issuance of the first building permit or within 6 months, due to unfavorable weather conditions. I. All individual lot tree replacement must be completed prior to issuance of an occupancy permit or within 6 months, due to unfavorable weather conditions. D. Tree Enhancement Zone 1. A tree enhancement zone is an area identified on the subdivision plat for reforestation or naturalization with deciduous or evergreen replacement trees, where appropriate, in order to augment, re- establish or create a tree row buffer between adjoining lots. 2. In addition to replacement trees, supplemental plantings including, but not limited to, ornamental trees, deciduous and evergreen shrubs, ornamental grasses, groundcovers and fine or rough turf are permitted to be planted in tree enhancement zones. These supplemental plantings shall not be utilized to meet tree replacement requirements. 3. Trees or other vegetation may be removed in any tree enhancement zone in order to install or maintain utilities and drainage facilities. 4. Dead, diseased, decayed or noxious trees or other vegetation may be removed from tree enhancement zones as required for conservation or Development Standards aesthetic purposes or in keeping with good forest management practices. 5. Trees measuring 6 inches and greater in caliper are subject to the tree replacement plan as approved in the development text. 6. A 30' or 40' wide Tree Enhancement Zone shall be located at the rear of all lots in areas outside of tree preservation zones and shall be indicated on the preliminary and final plats. 7. An area designated as a tree enhancement zone is not precluded from any use or activity that would otherwise be permitted in a rear yard setback. X. PARKS AND OPEN SPACE The open space will meet that required under Code. The code required open space shall be dedicated to the City. These open space areas may contain a mixture of evergreen and deciduous trees and shrubs to enhance the rural character of the area. All open space areas shall be maintained by a forced and funded homeowners association. XI. ARCHITECTURE A. General Character 1. The character of the development shall be 1 and 2 story single - family homes with a variety of 2 or 3 car garages that will mimic the quality of the surrounding homes in adjacent neighborhoods and will adhere to the City of Dublin Residential Appearance Standards Code. B. Permitted Building Height Maximum of 35', as measured per the Dublin Code. C. Permitted Exterior Materials 1. Cladding Materials. a. The exterior cladding of all structures shall be finished using all natural materials, including brick, stone, manufactured stone, wood, stucco, fiber -cement siding products or any combination thereof. 2. Trim Materials. a. Wood, vinyl, aluminum, EIFS, copper or fiber -cement products. Shutters shall be considered as trim for the purpose of meeting the Residential Appearance Code requirements DS -2 WELLINGTON RESERVE 3. Roofing Materials. a. Dimensional asphalt shingles, wood, slate, concrete, tile or metal. D. Permitted Exterior Colors 1. Cladding Colors. a. Natural earth tones and/or warm neutral colors, including white. b. High - chroma colors are not permitted. 2. Trim Colors. a. Natural earth tones and/or warm neutral colors, including white. b. Complementary or contrasting to siding color. 3. Roofing Colors. a. Roofing colors shall be from the color range of natural materials: such as, but not limited to wood shakes and black. b. High - chroma colors are not permitted. E. Architectural Elements 1. Four -sided Architecture a. Similar architectural design elements and details shall be consistent throughout all elevations of the structure. b. Dublin Residential Appearance Code will be adhered to throughout the entire subdivision unless otherwise stated herein. 2. Chimneys a. "Cantilevered" or "through- the -wall" chimneys are not permitted. b. All chimneys shall be built on an integral foundation. c. All exterior portions of chimney shall be finished masonry, consisting of brick, stone, and/or manufactured stone. 3. Garages a. All single - family dwellings shall have an attached or detached garage of sufficient size to accommodate a minimum 2 standard sized automobiles, side by side. b. Side loaded garages are encouraged. c. In those instances where a garage is utilized and an auto courtyard is created in the front of the house; a minimum 30" high wall or hedge shall be installed to provide a partial visual buffer along the entire length of the court pavement. d. In those instances where a side loaded garage is utilized, a minimum 36" height, 75% opacity hedge shall be installed along the entire length of driveway pavement so as to prevent headlight pollution into the rear of neighboring properties. F. Architectural Diversity 1. The same or similar front elevations shall not be repeated within: a. Two lots on either side of subject lot. b. Three lots directly across the street from subject lot. c. Any lot on a cul- de-sac bulb. 2. Corner lots apply to both streets on which the home is situated. G. Lot Diversity Matrix Subject Influenced Lot # Lot # 1 2,3 2 1,3,4 3 1,2,4,5 4 2,3,5,6 5 3,4,6,7 6 4, 5, 7, 8, 27, 28 7 5, 6, 8, 9, 26, 27, 28 8 6, 7, 9, 10, 24, 25, 26, 27, 28 9 7, 8, 10, 11, 23, 24, 25, 26, 27 10 8, 9, 11, 12, 22, 23, 24, 25 11 9, 10, 12, 13, 21, 22, 23 12 10, 11, 13, 14, 20, 21, 22 13 11, 12, 14, 15, 19, 20, 21 14 12, 13, 15, 16, 19, 20, 21 15 13, 14, 16, 17, 18, 19,20 16 14, 15, 17, 18, 19,20 17 14, 15, 16, 18, 19,20 18 14, 15, 16, 17, 19,20 19 14, 15, 16, 17, 18, 20, 21 20 13, 14, 15, 18, 19, 21, 22 21 12, 13, 14, 19, 20, 22, 23 22 11, 12, 13, 20, 21, 23, 24 23 10, 11, 12, 20, 21, 24, 25 24 9, 10, 11, 22, 23, 25, 26 25 8, 9, 10, 23, 24, 26, 27 26 7, 8, 9, 24, 25, 27, 28 Development Standards 27 6, 7, 8, 25, 26, 28 28 6, 7, 8, 26, 27 H. Plan Approval 1. The Master Developer shall retain the right of individual plan approval for all single family homes within the subdivision. XII. LANDSCAPING A. Entry Features 1. Entry features shall include integrated project signage, landscaping, and irrigation. 2. Final location, design, and standards for entry features and related landscaping and signage details shall be presented and approved during the Final Development Plan phase. 3. All entry features will be owned and maintained by the homeowners association. B. Street Trees 1. Street trees will be installed in accordance with the City of Dublin Code. Final location shall be determined by the City Forester. C. Fencing 1. No fencing shall be permitted unless it is decorative in nature and does not enclose an area. 2. Fencing around pools shall be permitted that conforms to the requirements in the governing building code. D. Future Street Extension Right -of -Way 1. The HOA shall provide landscape maintenance of the right -of -way dedicated for the potential future street extension to the property west of the site. This shall include mowing and sign maintenance. E. Cul -de -Sac Islands 1. Cul- de-sac islands shall be landscaped with lawn and/or plant material and maintained by the HOA. 2. Any lawn and/or plant material located within an island shall be maintained by the HOA. DS -3 WELLINGTON RESERVE Development Standards F. Brand Road Landscape Treatment homeowners association, which will be formed prior to any lots being sold. Homeowners association responsibilities shall be detailed within Declarations 1. A roadway landscape treatment shall be installed in the setback along of Covenants and Restrictions as approved by the City of Dublin before being Brand Road. duly recorded in the office of the Franklin County Recorder. These Declarations of Covenants and Restrictions shall run with the land and shall 2. Plantings shall create a natural woodland effect and may consist of include, without limitation, the requirements imposed upon the homeowners deciduous trees and shrubs, ornamental trees, perennials or any association in this text. combination thereof. This effect shall be installed across the Brand Road frontage in both retention and non - retention areas, to create a consistent appearance and disguise the presence of a stormwater management area. 3. Dry portions of the stormwater basins located within the Brand Road setback shall be landscaped as a rain garden to create a natural woodland character. Water tolerant meadow grasses, perennials, shrubs and trees shall be planted in a natural manner as to continue the woodland character occurring within the Brand Road setback and to diminish the appearance of a basin. 4. Any trees, 2 1 /2" in caliper and larger, planted in this treatment, shall count toward the required number of replacement trees. 5. Earth mounding maybe used provided it does not disrupt the master drainage plan or the critical root zone of trees to be preserved. 6. Pedestrian pathways, multi -use paths, water features and pond access will be provided in this treatment. G. Perimeter Landscape Buffer 1. A landscape buffer shall be installed by the developer and maintained per plan by the individual homeowners in the rear setback, on all lots. Design and details of the proposed buffer plantings shall be reviewed and approved at the final development plan stage. 2. The buffer may consist of existing vegetation, deciduous or evergreen trees and/or deciduous or evergreen shrubs. The design of the buffer shall incorporate and preserve existing trees and vegetation where possible, while striving to achieve seventy -five (75) percent opacity from 0 to 6' in height after four growing seasons. Areas of preserved trees and vegetation shall be deemed to meet opacity requirements, but may be supplemented with other plantings that do not require the removal of vegetation to install. 3. Deciduous and evergreen trees installed in this buffer planting shall qualify as replacement trees, if they are 2 1 /2" caliper minimum. X111. HOMEOWNERS ASSOCIATION All residential property owners located within the Wellington Reserve PUD shall be required to join and maintain membership in a forced and funded DS -4 SECTION III- Exhibits ,�a •.. '�} �F <s , t�.�.�rr• 1�� I .. �M1r_ .. g � 7f a . � Kd Y 9 . � ` ' Ir '1r1�� �.• D In ,. nd.. v'„�".: i�i ! w� V 1 4 , r - 1IDID�bbb I fff `` ♦ . ,( Ilc „I ldlL'dr ,' r- ilk ACK A ll A is rA ' MNN4v •a. r. � 1� 7{'�����i:� '.� � r_>i I' _' 4 ” y'r$y' .:i, � � � ;�•r a '... 75� S•. 1� cilr [ �� �J. • - •. •� �1 ` V� r L 1. PL QU .`` � .fit �4 � ' ��Y d,,♦ .' f � � __ _ y �' �a,. ���.n.e.- ..in..1"ret'�' ��i� _ I ". o -v � �i ;�� ��� �� {. �' 1y��� � 7`,'' , � i ��� �� � '�� T ✓� 111111 r "a ZONING OIdWO P110N 18.584AW85 Situated In the Sbte of Ohio, County m Franklin, Cry m Dublin, lomkd In Mlglns Military Survey No. 2543, and being all ofthe 12.584aoetractmme ea CF Band LLC by dead of record In Instrument Num11er200202140017366, andtle 6 acre Vad conveyed b CF Brand LLC by dead Of record! in Instrument Number 200201090009109, (all generates .rend the recortls of the Recorder's Office, Fanklin County, Ohio) and being more p bularly descrbed as folkas: Beginning .trite northwesterly comer of Wellington Place Section 1', as daliravmd In Plat Book 79, Page 67, being In the southely line of "Bandon SeNOn 3', as delineated in Plat Book 6% PI 0, Thence South W 10' 50' West a distance of 1153Mman, to part, Thence NoTh 89° all 36' East, a distance of 579.8 feet ma point; Thence South W Sal 42'West,a distance of 367.11 feet To a local Thence South 89° 12' 50' West, a distance of 577.18feak W poun Thence North 00° 10' Sl East a distance of 7.75 feet nd a Nunn in be ceMedlre of Brand Base; Thence North 77° 02' 10 West, a distance Of 209.01 feat gal carmalre,to B Thence Thence North W 49' 21' West, a distance Of 189.95 feat gal carmalre,b B Thence Thence North 01° 30' 21 West, a distance of 1392.0 fcet, to point; Thence North 85° 04' 39' East, a distance Of 184Mfed, ba point; Thence North 85° 12' 58' East a distance of 247.51 feet tithe Foiaaf Beginning. Containing 18.584 acres of land, more arias. This desription Is for tuning puracres only, and Is not to be used fordeadginger. EVANS, MECHWAer, NAMBLETON STILTON, INC. I � � 2 / � I r 5 � I T I I I 1 I I I I I i ti i L —J I I L_ I - � I � I I � i I I r __J I L_J I ` - I I IL fJ I I I I I IIIIII�� 7 I I l J r� J FIL __J 1 I I I - -� r J r — � _ —y L, Y I I I I I I - -� r i L � y1 4�4 H 7392.67 W21'W 4 ez o/ 1w 00 7.75'_ --" I u I rj I i I 0' 30' MY 120• NOM : 02 ?O m� 00 O It Z 52 W C W W Z 0 z Z J J I a W 0 Z IA O M a� Wore 1 DT 101 I PDP I EX KATESEIRIDGE COURT � \� EX KIL13kiWAN LAKE L Z _ J 1 l I I I L I I I I I �- I I - 1 , I L_ L - r J -/ I I I I �l I ` I 1 i� I I T T T L_ L L____ ___ i00° O'50'W I 1753.85' I i}ll H ILZr �I LEGEND r -_� - -� __ I �6�§nA 0.45 I E, ° 8 I MIC L16 JCESPH J.B +m EXISTING TREE - 6 TO 24' CALIPER SIZE JAA G. susnn E. L R q _ HAND nw EXISTING TREE - +24' CALIPER SIZE - -- OVERLAND ROW I – J -- -____. RIDGE/DRAINAGE DMDE L I L L__J cm: W 02 Ir – h e f - -, w Illl Jp 1 O �� Z I o - -�s > L KAT 6BRIDGE WuRT I I A Qq) T IEX. LBRITTM E� I f -T � I B ,wrnss � %B. r j _ L ` JJ� r i_ s -- I crmHw a. ��Z � ���"– �` — z r F Z I � r – Zr �- -, _ �� -- �-- -- Q ,� I �_f L _ L_ � IJIL�_�JI �0.5 b �� 1 i t i / �� L J 3' I _ a� di r __J L� -- L___J ___ 1 � y x CIA ti _J Z_ I � jig I I d O Ex 18• Ev TC X T ANRICNY W.B MICHAEL B.B JA8 ANRB b� r ` ! Y Z -TJ I Sbn. Ez hr-854M FREGERICKJ.B KA8 MPAKEB HAMSA CATHERINE E. JENNIPERA CILIA C. VI AL ® L ® Q 1 i an L_ J SCMII =TTJ. 1 KATARINAM SUSAN 8. N8. PERRVMNJ EMBMINGER WGUEZ CH W — �d - - 1 J O O JEF BERNELEE P. P TTA a m A J WIN— J 1 J J 1 J 0 � e b a X� 1 R +R H .50% 0 0 w D 'I C E 1-7% // a s 0 oA Os� S G" oa la 9 ! (y J 7.7s% i O 1 a of 1 0 1 -1 " ° \ o � – - - -- V § o I OE ° O / / so I I EG A o i Ate! o� / a a i A \ _ wi 1G _ F y m 0 GI OA O 00 Q A ® 100 O O g$ i -- 0 ® of A o Go 0 o i I: s 1 a y ° - a A !�'A GO 1 e \ o f W ag o! 10 1 0 60 A i A o O ! 1 a O: o " 2 I 9T I , I G ER AF 44 a O �O 6 E i 90 a 1 1 ! o 0 a 1 A o � M I N MT I Gi A a A o GO a s 1'o! § !® 333 H Io gCDg ® ON _ 8 ® 1 ® § €W3 D I i Is 9 1 q ' - �-- -� -e a oloA' o ® o Eo11ga A i bo of J I I I u4G E 10 z@ -o O o OA G a i I A A I i .� a I V� L'– b 02 aaj a O oa0 o G ! ,( DL I o l �• r_ _ cp (J O 9 a G O O G`O V I ao o . a 0 0: IO o ! ! I � � rJ 1 0 of l0 10 I Oi O / A - ON No - 01 p I _ E O A E EWN .s p 102'o QoR OA 1' i0 a OA 0 O I� O R I q OA 10 – -- I AO Ao A O l0 1 g 0 �II 0 AO 480E i0 FDJ Q'b R �CWYn u IRRRR4 N 'RSr_ ( n r AO O w 1n,,WTa ,INP 1 HA M. rc AGIVBJM R I DRAINAGE JERRY G.B PEPHS.III pGHN.FME n n � IRM PDP a, Brc SBA IZB• NORTH 5 TREE 5URVEY L15T # COMMON NAME OBH "Na . # COMMON NAME aBH CON,. # COMMON NAME Vi CON,. # COMMON NAME OBH OONa. # COMMON NAME OBH OONO. # COMMON NAME OBH GONO. g2Z Honeylocusk 20.0 Good 119 Sugar Maple 24.0 Fair 256 Cherry 10.0 Fair 352 Hackberry 12.0 Good Abe Hackberry 60 Goad 5B5 Walnut 9.0 Poor " u 2 Haneylocust 120 Good 120 Haneylocust 200 Poor 25 Silver Maple 25.0 Fair 555 Bouelder 14.0 Fall 469 Beech 10.0 Good 51 Hackberry 240 Fair 3 Haneylowsk 10.0 Good 121 Sugar Maple 200 Good 238 Hackberry 1.0 Fair 354 Hackberry 10.0 Good 410 Cherry 60 Fao- Bar Epoch 6.0 boo. 4 Honeylawsk 120 Good 122 Haneylocust 6O Poor 239 Walnut 180 Poor 355 Cherry 80 Poor 411 Pm oak 161 Poor Sea Hackberry 80 Poor 5 Elm 80 Pall 123 Haneylocust 100 Poor 240 Yialnut ISO Fair 556 Elm Ica Poor 412 Hackberry 10.0 Good 5H9 Beach 5.0 Good 6 Honeylocuat 180 Good 124 Cherry 130 Poor 241 511ver Maple 300 Poor 551 Cherry 15.0 Poor 415 Elm 60 Goad Spa Beach 6.0 Good 1 Green Ash 120 Poor 125 Sugar Maple 1.0 Good 242 511ver Maple 24.0 Poor 35B Beech 100 Good 414 Sugar Maples 50 Good 591 Hackbcrry 18.0 Good B Honeyloaost 10.0 Fair 126 51 Maple 25.0 Fair 243 5Weetbay Magnolia 13.0 Poor 551 Gherry 60 Poor 415 Hackberry 12.0 Gaad 592 Hackberry SO Good 9 Haneylowsk 10.0 Fair 121 Haneylocust 200 Poor 244 Silver Maple 360 Poor 360 cherry 12.0 Poor 41b 5u9ar Maple 240 dead 593 Hackberry BO Per 10 Hackberry 10.0 Gootl 1EB 5u9ar Maple 80 Good 245 Silver Maple 24.0 Poor 361 Cherry 15.0 Falr 411 Hackberry 80 Good 544 Walnut lea Good Haneylocust 100 Poor 129 Hackberry 220 Good 246 Osage Orange 100 Poor 362 Cherry 150 Poor 415 BeecM1 60 Good 515 Beach 100 Fair 12 Haneylocust 100 Poor 130 Honeylooust lea Poor 241 Walnut 180 Fair 363 Beach 1.0 Good 419 Beech 60 Good 596 5ugar Maple 0.0 Fair 13 Elm 6.0 Fair 131 Haneylocust 19.0 Fair 245 511ver Maple 10.0 Poor 364 Beech 60 Good 480 Beech 300 Poor 591 Basch BO Pair 14 Hackberry 5.0 Fair 152 Hackberry 100 Good 249 511ver Maple 250 Good 365 cherry 60 Poor 481 Hackberry 8a Good 595 Green Ash 6.0 Poor 15 Honeylawsk 10.0 Poor 133 Elm 50 Good 250 5Waekgum 12.0 Poor 366 Beech 1.0 Fall 482 Beech 60 Good 599 Cherry 18.0 Poor 16 Haneylowsk 10 Poor 134 Haneylocust 60 Fair 251 Si 12.0 Poor 361 Bbadh 150 Gaad 453 Green Ash ISO Poor 600 BeecM1 10 bond 11 Haneylowsk 10 Fair 135 Elm 11.0 Good 252 Cherry 130 Poor 365 Beech 90 Good 464 5oech 360 Poor 601 Beach 0.0 Fair 16 Haneylocust 100 matr 136 Cherry 90 Poor 253 cherry 21.0 Poor 369 Cherry 10 Fair 485 Hackberry 80 Poor 602 Beach 100 Good P Honeylocuat 12a For 131 Haneylocust 9.e Good 254 Green Ash 9.0 Poor 510 Beech 60 Good 456 Beech 60 Good 603 BeecM1 15.0 Fair 20 Honeylocusk 5.0 Poor 15B sugar Maple 55.0 Poor 255 Cherry 80 Poor 311 S.Igar Maplo 21.0 Good 461 Beech 60 Poor 614 Beech BO Good 21 Hackberry 10 Good 139 Gherry 100 Poor 256 cherry GO Poor 312 Hocklwrry BO Good 485 Beech 211 Good 605 Beach 120 Good 22 5ugar Maple 10 Good 140 Elm 60 Good 251 Cherry 12.0 Poor 515 Gherry 211 Good 459 cherry 1.0 Good 606 Boxeldar 100 Poor W 23 24 Haneylowsk Elm 5.0 6.0 Fair Pear 141 142 cherry Elm 80 1.0 Poor Fair 255 259 Elm Elm 60 10 Poor Poor 514 Cherry 200 Fall 490 Boxalder 60 Fair 601 @each 130 Good ZZ > 25 Haneylocus t 120 Poor 145 Haneylocust 1 0 Poor 260 cherry 10 Poor 515 316 Elm Cherry 60 ISO Fear Poor 491 4q2 W.olnuk Ybinuk 10.0 1.0 Fair Good 605 Walnut 609 Elm 120 10 Good 6aad III S W 26 5ugar Maple 60 Good 144 Haneylocust 1.0 Fair 261 Cherry 60 Fair 511 Cherry 120 Poor A5 Beech 6a Good 610 Cherry 10 Fair F CCCC 21 Honeylocusk 6.0 Poor 145 Sugar Maple 100 Good 262 Cherry 10.0 Poor 519 Cherry 210 Poor 494 Beech 60 Good 611 Hackborry 0.0 Good =O W 29 Haneylocust 120 Poor 146 Is 150 Good 263 Gherry 120 Poor 319 Cherry 100 Poor 495 Hackborry 12.0 Good 612 Hackbcrry B.O Good W 29 Cherry 15.0 Poor 141 Honeylooust 80 Poor 264 Cherry 14.0 Fair Sea Apple 150 Poor 446 Beech 60 Good 613 Hackberry 60 Pair Z� Z 30 Haneylocust 80 Fair 145 Haneylocust 10.0 Good 265 Cherr y 10.0 Fall, 381 551 Beech 15.0 Good 491 Beech 60 Good 614 Hackberry lea Good 0 O 31 Ch y Ie.O Poor 149 5u Maple gar p 12.0 Good 266 Gherry 120 Fair 382 Chair, Poor 490 Beech 10.0 Good 615 Beech 100 Good 00 r O DU 2 O 32 Honeylocusk 10.0 Poor ISO sugar Maple IOC Good 261 cherry ISO Poor Sea Cherry 390 Poor 4q9 cherry 60 Good be Hackberry 100 Good LL)- 55 Haneylocust 10.0 Poor 151 5ugar Maple 1.0 Good 265 Cherry 21.0 Poor 384 Gharry 1.0 Good 5a0 Beech 120 Goad 611 Hackborry 100 Fair O z 34 Honeylawsk 10.0 Fair 152 Haneylocust 100 Poor 269 Cherry 120 Poor 555 Beech 50.0 Good 501 Ylalnuk 60 Good 615 Elm 240 Poor r Z 35 Honeylawsk 10.0 Poor 153 5ugar Maple 210 Good 210 Gherr y 14.e Fall, See Beech 60 Good 502 Hackberr 9 10.0 Poor 619 Beech 180 bond C - 36 Hone locust Y 60 Pao- 154 Hackberr Y 80 Fair 2 11 Cherry 12.0 Fair 561 Birch 160 Good 503 Beech 10.0 Good 620 Hackberry 6.0 Good U J 91 5ugar Maple 60 Good 155 Haneylocust Good 212 Cherr, Y 100 Poor 9BB Birch BO Pool, °A4 Beech 111 Good 621 Hackberr y 6.0 Fea J 38 Honc locust y 8.0 Poor I56 Hackb erry 0 IB.O 15. Good 213 Hackberry ISO Good 3B9 Birch 60 Poor 505 Beech 15.0 Gaad 622 Hackborry 6.0 Goad 6 39 5ugar Maple 6.0 Good 151 Hackberry 60 Good 214 cherry 10.0 Poor 390 Birch 150 Poor 506 5ugar Maple 60 Fair 623 5ugar Maple 20.0 Good 90 Haneylocust 90 Poor ISB 5ugar Maple 100 Good 215 Hackborry 12.0 Fair 391 Birch Be Good 501 Hackborry 10.0 Fair 624 Hackbcrry 6.0 Poor 41 5ugar Maples 6.0 Good 159 Hackberry 12.0 Good 216 Cherry 12.0 Poor 5q2 Hackberry 60 Good °A6 Beech 200 Good 625 5ugar Maple 180 Per 42 Elm 90 Poor 160 Hackberry 160 Good 211 CheY rr GO Poor 393 Hackborry 0 Fall, SOP 5u Maple gar p 160 Good 626 Edison 32.0 Good 43 5u Maple Bar P 100 Good 161 Hone locust Y 140 Goad 219 Green Ash 10.0 Poor 394 Hocklwrry 1 Good 510 cherry 60 Fall, a 621 Bach 100 Good 44 5ugar Maple 0 1 Good 162 Hackberry Goad 219 Hack Y berr 11.0 Fall, 395 ac Hkb y err 80 BO Poo- 511 Hack y berr 15.0 Good 625 Hackbcrr y 6.0 Good 45 Honeylocusk 120 Fair 165 Sherry do 20 Poor Cherr, Y 100 Poor 396 Bosch AV Poor 512 Hackberr 0 Good 629 Beech BO Good 46 gar Made Su le 6.0 Good 164 5u gar Map p 200 Fall, Eel 261 51 Maple 200 Good 5q1 0 Fall 513 R amat 6 0 Good 63e Beach Good 41 sugar Maple Good 165 Hackberry 0 G ood 2B2 Cherry 6 .0 Poor 3q3 Hackberr y ocd 6 Good 514 1 1 00 Good 631 Beach 5.0 B.O Good 40 Honeylask w 10. Fall, 166 €m 6 l G ood ood 295 Sugar Maple 24.8 Good 399 Hi 50 O B m Fall, 515 Cherr cherr y 10.0 Poor 632 Hackbcrr 9 B. 0 Good 49 Elm . Do Poor 161 Ell I 100 Fair 254 204 Gherry q.0 Fall, 40 55-1 300 Poll, 516 Sliver Maple 110 Fair 633 Elm Good 50 5ugar Maple 10 Good 168 auger Maple 200 Fair 205 c 100 Good 401 1 Beach IOC Good 511 10 Fall, 654 Walnut Ic a Good 51 Honeylocuat 60 Poor Ibq Bouelder 60 Good 206 cherrherry y 201 Fall, 402 Beach 21.0 Good 515 S., Sugar Maple 5 0 Good 655 Cherry 6.0 Fall, 52 cherry 90 Poor 110 Boxalder 60 Good 251 Elml 50 Good 403 ac y Hkberr ILO Good 519 ack Hberry 6 6C Good 636 Cherry 240 Poor 53 Cherry B. Poor 111 Cherry Poor 20B chair, 13.0 Good 404 Hackberry 60 Good 521 H ackberr Y 6a Poor 631 Hackberr y 60 Fao- r 54 55 Haneylow sk Maple 1 0 60 Poor 112 cherry 1Fair 12 0 Fa 261 Cherry 140 Good 405 Ch err y IOC Fall, 521 Hackberry ba Fair 630 Beach 6.0 Good (n 56 5ugar 5ugar Maple 100 Good Good 115 Cherry BO Fall, 290 cherry 0 Good 406 Cherry Good 522 6a Good 639 cucumber Magnolia 150 Good 114 Hackberry 50 Good 291 Cherry 21 0 Goad 401 BeecM1 45 Fall, 523 Beach Beech 60 Good 640 el, 6.0 Fair J 51 5ugar Mae pl 6.0 Good 115 Hackber ry 60 G ood 2q2 Red Maple 6aad 406 Nut 6 0 60 Poor 524 Hackberry Good Y$dIn t 641 Walnu Fair W 59 sugar MCI 6. 116 Hackberry 240 G Good 2q3 Gchoir, choir, 22 22 0 Good 419 NL al, 6a Poor 525 5ugar Maple Ica 100 Good 642 Hackbcrr , y .r DO W > Sq Honeylocusk 55.0 Fair Fall, 111 Hackberry A0 Good 2q4 Cherry y 550 Poor 410 Beech 50.0 Poo 526 Hai 6a Fair 643 Hackberry 120 Per P Pair W 60 Haneylow sk B.O Poor 115 H ackberry 26.0 Good 2q5 cherry 340 Poor 411 Bee 100 r Paor 521 Hackberr 9 ba Fall, 644 Hackberr y 12a Good 61 62 y Hone lMpl Maple 120 100 Fall, 119 Hackberr y 80 Good 296 Gherr Y ICO Poor 412 Beec h 6a Good 529 Hackberry mold -stem 10.0 Goad 645 Hackberry Ica Good r 63 5ugar a e 5ugar Maple 60 Good Good IBC IBI Mulberry Haneylocust 59.0 12.0 GaaQ Good 2q Cherry CO 1 Fall, 413 Cherry Good 52q Hackberr Y 10.0 Good 646 Hackberr 9 120 Good li 64 Su Ma I Good Hackberr, 29B 5 Cherry 12.0 Good 414 Elm ea Poor 530 Hborry ack 9.0 Good 641 Hackberry 6.0 Good 65 gal, p e sugar Maple 6. 9 &.0 Good 163 183 Hackberry 0 6 0 6 Go G ood 299 Hackerr y b 0 Good Gd 415 Cherr y le 180 Fall, 531 Hackberry 60 Good 640 Elm 6.0 Good N 66 Elm 0 Fall, I54 Cherry Poor Maple 0 80 Good 416 rr Maple 0 Good 532 Hackberr, Y 60 Good 649 Hackbcrr, 9 100 6aad Su Mope 6. 6.0 Good IBS Hackberr Ic 100 Goad 5 0 501 1 Apple Apple 80 Poor 411 Cherry 9.0 Fall, 553 Hackberry 120 Fair 650 Hackberry 100 Per 69 be Hackbcrry 60 Fall, IB6 Srabae 100 Fail- 302 Su gar Maple 120 Fall, 410 Ghar , ry 11 Poor 554 Cherry 1.0 Fair 651 Hackberry Ica Fair 69 Maple 8Maples ppl 503 Chery r mulkl -skem 300 Fool, 419 Walnuk .0 130 Good 535 Cher y 10.0 Fall, 652 Elm 6.0 Poor 10 5ugar 5ugar Maple 0 60 Good Good 166 185 Ma Gross, Green Ash 30.0 200 Fall, Poor 304 0 Fall, 421 Green Ash lea Poor 536 Cherry Poor 653 Hackberry 5.0 Fall, 11 gal P Su Ma Ie Good Hone locust Y 2aa Fair 305 chat Cherry 1 120 Poor 4 Cherry Fall, 531 Hackberr y ba 80 bond 654 Green Ash B.O Poor d ea 530 Hackberr 120 Good 655 Red Oak 240 6aad 12 sugar Maple 10.0 Good I91 Haneylocust 0 Fall, 306 Birch 9.0 Fall, 42E 2 HI 60 Good y 10. MC 656 Maple 120 13 Hackborry 120 Good 111 Su Ma le Maple 50 Good O Birch 0.0 Fool, 423 Elm O Poor 539 12.0 poor 5u g P 651 Walnut Good Poor w� 14 15 Hackbcrry Su Ma le 60 ba Food Fall, or q.0 9.0 Good BOB 3rch 309 5 B cherry 80 60 Fa ir Fair 424 425 Elm Hkb arry oo GO 1 Poor Good 540 B 41 Cherry Elm 10 15 Poor Poor 65B Eager Maple I a Ica Poor o. 16 Hackberry y Good 193 ME poor Pear 130 Poor 310 Birch 10.0 Fall, 426 Hackberr a GO Good 542 Hackb y 12.0 Good 659 sugar Maple 15.0 Good T 5ugar Maple 650 15 Good 194 195 cherry Hackberr y 15.0 Poor Fall, 311 Birch 120 Pa ir 421 Y Cherry I 100 Poor 543 Hackberr 12.0 Goad 660 5u of Ma p le 1 20 Poor 19 Elm 6.0 Fall, 116 EIm 40 0 40 Poor 312 Birch 10.0 Poor 420 Hackborry Good 544 Hackberry 60 Good e 661 Cherry Fall, UJ 19 5u MCI Ma 0 Good Pear Poor 515 10.0 Poor 429 Hackberry 5 0 BO Good 545 Cherry 12.0 Fair 662 cherry aI BO Poor BO 5ugar Maples 10 10 .0 Good 190 ME Crabapple lea 10.0 Poor 314 cher Cherry Fair 430 Hackberry 60 Good 5461m B41 Elm 100 1 Pao- Poor 663 Hackberry 664 BeecM1 6.0 100 Good Good 5 01 Mulberry I00 Good 5 80 Good 315 Birch Il 100 Fair 431 Beech 8a Good 548 Hackberry 9.0 665 Blkkernut dwry Hl 10.0 6aad � 62 Su ar Media 60 6aad 20 20 a O Good 516 Cherry 0 Fall, 452 Beech Good 541 Hackberry mulCl -stem 21.0 Good Good 666 Beech 120 Good s J Q� � 63 5ugar Maple Good gel 1 Find Pne 100 IG Fair 0 5 .0 Poor 433 Beech ea O Good 661 5.0 94 5ugar Maple IV 100 Good 202 Mubarry 60 Pool, SO 319 Gherry Cher Ch 80 Poor 434 Beech 8a Good 550 551 Elml Cherry 5.0 60 Pool, Poor Beech bed Hackberry la Good Good p hill!� i BS 5ugar Maple 6.e Good 205 Hackberry 60 Good SIP Birch 5.0 Poor 435 Hal IOC Good 552 Hackberry 100 Fair b69 Beech 100 Good 56 sugar Maple 6.0 Good 204 Pear 12.0 Poor 320 51rch 10.0 Poor 436 Hackberry 100 Falr 51 Hackborry 0.0 Good 205 Spruce 12.0 Poor 321 Cherry 100 Poor 431 Green Ash 15.0 Poor 553 Hackberry Ica ..ad 610 Hackberry 60 Good Be 51 Maple B.O Good 2065 ppru a 200 Poor 322 51rch 10.0 Fair 436 5oech 60 Good 554 Hackberry multi -stem 250 Good 611 Hackberry 61 Good 69 Cherry 120 Fair 201 Ybinut 160 Poor 325 Cherry 10.0 poor 439 Basch 360 Poor 555 Hackberry 50 Good 612 Cherry 100 Good 90 Sugar Maple 10.0 Good 2005ppru a 25.0 Poor 324 cherry 120 Poor 440 Beech 60 Good 556 Hackberry 80 Good 613 Walnut 15.0 Good 91 Hackberry 10.0 Good 289 Sherry 290 PBaf 325 cherry 0.0 Fall, 441 Beech 60 Good 551 Hackberry multl-skem 12.0 Good 614 Hackbcrry 100 6aad 92 Hackberr y 6.0 Good 210 Hackborry 9.0 Good 326 Cherry 0.0 Fair 442 Hackberry 6a Good 559 Elm 80 Good 615 El Hickory 300 Good 95 Hackborry 6.0 Good 211 Sugar Maple 30.0 Good 321 cherry 80 Poor 443 Hackberry 150 Good SEA cherry 60 Poor 616 Em 60 Poor 94 Hackbcrry 6.0 Good 212 5ugar Maple 240 Poor 329 Gharry 0.0 Poor 444 Cherry 60 Poor 560 Hackberry 12.0 Good 611 Eecch 6.0 Good 95 Hackberry 50 Good 213 Aalnutl 80 Fair 52q Cherry 60 Fair 445 BeecM1 60 Good Bel Beach 11.0 Good 619 Elml 5.0 Fear 96 Hackberry 60 Good 214 AdInuk 15.0 Fair 330 Cherr y 80 Fair 446 Spear 2C Good 5£2 Gherr, y 80 Poor 619 Beach 6BO Bml 100 60 6aad Per 91 Hackbemy 6.e G ood 215 IB.O Fair Fo 331 Cherry 8 0 Poor 441 Beech 100 Pool, 565 Hai 10 ..ad Hackberry 6.0 Good 216 YlaI nut 50.0 Goof 552 Cherry y 0 Poor 440 Beer 200 Fair 564 Hackberr 24.0 Good bel Walnut BO Good 100 10 Hackberr y 6.0 Good 211 Hackberry 12.0 Good 333 Cherry I 1 50 Good 449 BeeaM1 36 a Fair erry Hackby 60 Fair 652 Beech 6.0 Good 101 Hackborry 6.0 Good 21Si S Maple Good 334 cherry 12 0 Gaod 450 Elm 61 Good 566 See 561 Hackberry Elm 60 10.0 Fall- poor 6B3 Green Ash 6B4 100 1 50 Poor Poo- 102 Hackberry 6.0 Good 219 q cherry lea 180 Poor 3355 agar Maple 12 0 Good 451 Hackberry 60 Good Sea 5oech 210 Good Cherry 6B5 Su Maple Ica Good 103 H ackberry 60 Good 221 Hackborr y 1 20 Good 336 Elm 0 Poor 452 Hak y 6O Gee Hai gal, pe Q 104 Hackberr y 60 Good 221 Hackberry 150 GaaQ 331 Cherry 10 olsarc 10.0 Poor 453 Elm BO Poor 569 511 Ha Hackberr & a ba ..ad Fall, 686 Elm 6.1 Good � 115 Hackberry 6.0 band 222 Gradappla 12.0 Poor 330 Su Ma Icl gar p 40 Fall, 454 Elm 60 Poor ST y Cher, 10.0 Fall, 6B1 Hackberr y 600 Walnuk 6.0 10.0 Good Good 106 Hackbe rr y 6.0 Good 223 Crabapple 12.0 Poor 339 Elm 80 Poor 455 Elm 60 Good rc 101 Hackberry 6.0 Good 224 Cherry 160 Poor 341 cherry I5.1 Pool, 456 ckberry Ha 110 Good 512 513 Cherr, y Hai 60 60 Poor Fair 6B9 Elm b90 6.0 6aad ° 100 Hackborry 6.0 Good 225 Silver Maple 36a ..ad 341 Poor 451 Green Psh 6C Paor 514 Hackbcrr Beech 691 240 6.0 Good 1ckbcrry 09 Ha 11.0 Fail- 226 Gherry 12.0 Poor 342 Elm Elm 60 ba Goof 450 Elm 60 Fall, y Food Beech Good 110 Hackberry 150 Fair 221 chair, 100 Poor 343 Hackberr y 80 Good 459 Elm 60 Good 515 Hackberry 80 GO Fall, 612 Hackberry 6.0 Good a III Hone 9 locust GO Good 229 Padbud 21 O Pao- 344 cherry 0.0 Poor 460 Hackberry 60 Good 516 ST Hackberry Hackberr, 60 60 Fall, Good 613 Hackberry 614 6.0 Good 12 1 Hackberry 140 Fair 22q Mulberr Y 210 Poor 545 Cherry 51.0 Fair 461 Hackberr, Y 60 Good 510 y Hackberr, Good Basch 695 240 15.0 Good 13 5ugar Maple Ile Good 231 Cherry y 100 Poor 346 Cherry 0.0 Fair 462 Bozelder 6a Far 519 y Hackberry 60 60 Good Beech 696 Beach 10.0 Good Good 114 Hackberr 9 110 Good 251 Sherry Poor 341 cherry 6a Fair 465 Elm ba Good 560 Beech ba Good 691 Hackbcrr 6.0 115 5u9ar Ma 140 Fair 232 Cherr Y 24 Poor 34g Su al, Maple 9 P IB.1 Poor 464 Hackberry 60 Poor 591 Hackberry 6a Fair y 696 Hackberry 100 6aad Good ppp IIb Hone lowsk 9 34.0 Poor 233 esoge orange 10 Fair Sha bark Hlckor 9 9 10.0 Goad 465 Hackberry Good 582 Hackberry 60 Fall- 699 Hackberry 60 Good 111 Hackberr y 120 Good 254 Cherry 46 46.0 Poor 350 Hackberr, y IBC Good 466 Hackbcrry 24 0 240 Good 5B3 Beech 60 Good 111 115 Hone locust 9 360 Fair 235 chair, 230 Fall, 351 Hai 60 Good 461 Elm 60 Good 5g4 Elm 60 Fao- Beech 101 Beach 241 20.0 Poor Good C y TREE SURVEY L15T TREE COUNT 5e 5-Ell COMMON NAME GBH GONE. b COMMON NAME GBH GONG. Apple i Beech 1 z Beech I5.0 Good 5 19 Shagbark Hickory 240 aod B irch 21 21 v 1 0 105 rry 60 Good 2 der F Fair BR c iernut Hkory 2 104 4 Beach h 60 bond D B21 1 Elm Elm 60 ba Pear er 12 '105 Basch I5.0 Good 822 Elm 10 Poor Cherry e ChCrab. 106 Beach 15.0 Good 823 Boxalder 100 Poor Crab app le 4 4 705 Beech 150 Poor 824 Hackberry 100 Good Oummber Magnolia 1 OP Basc 120 025 Green Ash 400 Poor dogwood 2 T Beach h 6.0 See Good B26 Hackbarry 100 Goad Elm 14 710 110 Beech 0 Good 525 Hackberry 120 Goad Green Ash 29 511 B r 6 Goad 828 Geen AS r Ie0 Poor Hackbarry 260 512 B each I 0 10 ch Good 529 Green 15.0 Poor Hancylacusi 6B 11 Be Beach 240 Good E Aah Ash 1.0 Pa Mulberry 5 514 4 Beech Goad Sal 851 Ellm m IBC Far ir Fears Orange 2 515 Basch &.0 Good 852 Graen AsM1 100 Paor Pear 3 T 20. 6 Beach 20.0 Falr 5 Elm 100 Fair Pln Oak 1 515 Beech 80 hood 5 534 4 Graen Ash 100 Poor I 715 Beech l ac Poor 855 Green Ash 100 P aor Red Rod Maple 1 519 Sugar Maple 5 50 Good 556 Crean AsM1 200 Paor Red Oak 1 Sugar Maple BO B55 Hal Fair 2 1 2 521 1 Beach 6.0 Food See BEE Grecn Ash 100 Poor 5rageo Shagbark Hickory 3 2 Beach Fair 839 Elm 90 Good 5 Maple 10 725 B 12 840 ao Hkberry 80 Goad 5 p"c pruca 6 W 524 4 Beach each Do BO See Food 041 Hackberry Good Sugar Maple tbay Magnolia I ZZq 525 728 Beach Hackberry 60 6.0 F- Goad 542 043 Cherry Hackbarry Do BO 10 Peer Good Brao 5weetgum 1 S III C W l25 arF Poor B44 Hancylacusi 5. Fair Nbinut 32 Q N l2B Ch Cherry Do BO Food 845 Honaylocust bO Fair 0 W 129 Beech Ica band 846 Haneylacuat 80 Fair TOTAL 921 a W 750 Green Ash 15.0 Fear 845 Honeylocusi 80 Fair m Z 151 Sugar Maples 160 Good 54B 849 01rch Birch 60 130 Good 2 Q 132 Beach 50 Poor Good 783 Elm 60 Pair 550 Birch 1.0 Good IC H 154 Sugar Maple 120 Goad 851 Honeylocusi 12.0 Good O z w 155 5ugar Maple 6.0 Good 552 Honeylocusi BO Goad Z 156 Boach 6.0 Good 059 Honaylocust 60 Good U 755 Hackberry 6.0 Feed 854 Honaylocust loo Food TREE COUNT 5Y 51ZE AND CONDITION J J LED Beech IHO hood 855 Honaylocust 100 Good W 759 Cherry 240 Fear 856 Haneylacuat 100 baad d 140 Beech 40.0 Food 551 Hackberry 9.0 Good TOTAL 6000 FAIR POOR 141 Beech 60 Pair 855 5oxelder 11.0 Good 142 Beach 6.0 Falr 559 Elm BO Fair I TO 12" Fa 525 154 141 145 Boach 120 Good B60 cherry 1.0 Good 12" TO IB" 165 55 56 49 144 Beach 120 bead 561 Elm 60 Pair 18" 10 24" 84 4C 21 25 145 Beach 100 Falr 862 Cherry mult1 -atam 25.0 Poor 24'Y 71 29 14 25 146 Boach 6.0 Good 565 Ohorry 19.0 Poor 745 Hackei 1O Ter 564 Honaylocust 15.0 Fair TOTAL TREE5 921 475 205 241 748 Beech 120 baad 565 Cherry 10 Poor 149 Hackbarry 100 Good 566 Green Aar 11.0 Poor 750 Bcachl BO Fall 567 Hackborry 220 Goad 151 Beech BOO Food 56B Hackborry 60 Good 152 Beech 15o Poor B69 Hackbarry 60 Good 755 Beech 100 Fall 510 Hackbarry 60 Good 154 Shagbark Hickory 120 Food 811 Hackberry 60 Fair JN 155 Hackbarr y 100 bead 512 Elm 50 Good N 156 Beach 50.0 Fair 815 Elm 60 Good 151 Walnut 120 5ood 514 Beach 25.0 Fair W` 755 Walnut 100 Fear 515 Birch 10 0 Good J 159 Walnut 15.0 Good alb Elm 6a Poor / 160 Beach 300 bead 817 Dogrvood 60 Good c Q 761 Beach 6.0 Good 515 Cherry 60 Fair = �l L 162 Boach 50.0 Falr ale Sugar Maple 60 Good 165 Hackei 6.0 Food 550 Elm 60 Food LA Q 164 Hackbarry 60 bead 561 Elm 60 Good W 165 Hackberry 120 aimed 582 Elm 6a Gaad c a LU 166 Beach 6.0 5ood 555 B54 cherry eharry 12.0 1.0 Poor Poor 767 Hackberry 120 Good `y 16B Elm 210 Poor 565 Elm 60 Good l69 Hackei 130 Tel, 556 Cherry 100 Poor 110 Hackbarry 120 Dead 58l Cherry 12.0 Fair TI Beach 50 Good BBB cherry 1.0 Poor a 112 5oxeldar 120 Fall 589 Hackbarry 60 Good 775 Hack'cerry 6.0 Fall 590 Cherry 1.0 Fair 114 115 Hackbarry Hackberry 6.0 6.0 Falr Food 591 B92 Cherry Mulberry 110 15.0 Poor Poor Q. 116 Hackbarry 90 Dead 893 cherry 90 Fair W1 ,A 717 Beach 240 Falr 094 Hackbarry ba Good a 118 Groan Ash 100 Poor 595 Hackbarry 9.0 Fair �; E 119 Hackberry 6.0 Good 596 Malnut 50 Fair E 150 Ell 60 Fa1r 591 B96 Hackborry Hackbarry 60 60 Fair Fair r^ 5 181 Hackbarry 10 Pair 9 4 182 Hackberry 10 Fair 099 9OO Walnut Cherry 60 6a Good Good Q� ��a 753 Hackberry 1O Poor 901 Cherry 8O Poor 754 Hackberry 100 Good 902 Sugar Maple 12.0 Good 10i 3 $9 185 156 Ell Hackberry 2.0 50 Poor Good 905 Elm 80 Good 6 757 Hackberry 60 Fa1r 1045ugor Maple 60 Good 788 Hackbarry 50 Dead 905 5ugar Maple 6a baad 189 Hackberry 60 baad 9O6 Cherry 7.0 Fair 79O 5ugar Maple 19.0 Good 901 cherry 150 Good 791 Hackberry BO Good 908 Chair, 6a Fair 192 Hackbarry 6.0 Good 909 Hancylacusi 12.0 Good 793 Beach 60 Fair 910 Sugar Maple 60 Good 794 Hackloorry 80 Good 911 Hackberry BO Goad 195 Hackberry ea Good 912 Hackborry 9.0 Good l96 Hackberry 8a Good 915 Elm 1.0 Poor 797 Hackberry BO Good 914 Walnut 60 Pair 195 Hackbarry 6.0 Good 915 Hackberry 6a Gaad l99 Hackberry BO Food 916 Hackbarry 6a Good 800 Hai 50 Dead 911 Hackberry 80 Good 801 Hackberry 80 baad 915 Hackbarry BO Good 502 Hackberry Ica Goad 919 Hackbarry 100 Good 505 Hackberry 15.0 Good 920 Hackbarry 80 Good 504 Hack'cerry 20.0 Good 921 Hackberry 10 Good 505 Hackbarry 6.0 Falr rc DOD Hackberry 6.0 Food 801 Hackbarry 120 Dead p 808 Hackberry 100 Good Doi Hackbarry 120 Good 2 510 Hackberry 8a Good 511 Hackaiirry 9.0 Good 512 Hackbarry 15.0 Good 515 Hackberry 6.0 Food 514 Cherry 60 Poor 515 Ell 6.0 Fall PDP 816 Hackberry BO Good 517 Haokberry 10.0 bead 515 Hackbarry 50.0 Good 7 CITY OF DUBLIN CITY OF DUBLIN, OHIO PRELIMINARY DEVELOPMENT PLAN FOR WELLINGTON RESERVE H 2012 LOCATION MAP Not to 511/e uLl�lLlp li' ®. 561NfC6 1- ®o-]4LH fylj�elGlk REGIONAL CONTEXT MAP 00 00 800 51011 1' - 400' SCALE La FEET 'rl Qw a � W o w VI EXISTING: R & R -I PROPOSED: PUD � W a Z ?o X mw owo RIGHT OF WAY: +2.61 ACRES NUMBER OF LOTS: 28 O 0 a DENSITY: or H TABLE OF CONTENTS Q C7 Gros ±1 50 DU /ACRES > Z TITLE SHEET &INDEX MAP l PRELIMINARY PLAT 2 w J UTILITY /GRADING PLAN 3 m a OPEN SPACE /RECREATION FACILITIES REGIONAL CONTEXT MAP 00 00 800 51011 1' - 400' SCALE La FEET 'rl Qw DEVELOPMENT DATA W ZONING EXISTING: R & R -I PROPOSED: PUD w W a Z GROSS AREA 118.584 ACRES H H F RIGHT OF WAY: +2.61 ACRES NUMBER OF LOTS: 28 DENSITY: Gros ±1 50 DU /ACRES Net ±1 J5 DU/ACRES OPEN SPACE /RECREATION FACILITIES Required: ±121 ACRES eta 0.02 X 18.584 - 0.37 ACRES (OPEN SPACES 0.3 X 28 - 0.84 ACRES (OPEN SPACE) Planning Commi4ion Approval Date: Date `0 Council Approval Dote: D Date Director, Land Use and Long Range Planning Date Costo, Property Owner Date SHEET REGIONAL CONTEXT MAP 00 00 800 51011 1' - 400' SCALE La FEET t 1 MOHPMMAO gGRBFMEHRIZI l 80GAR J. SUSAN E. mMrlLEalr 6 L =23243 • T= 146.84 y �-I C� Z '43 " 40'TREEENH R 165.00 -- R= 185.00 0 40 Y I M , REAR YARC - - I MEND ENHANCEMEN EMENT TREE PRESERVATION ONE ZO _.� m $a9 REARYARO SETBACK $ 15 r GRETE GOW I 16 60 0 6D 120 murlL Eaxr - -� —' oo� F SCALE M FEET g � b z� r d GEORGETT wLESMr z J -- VE "C" ,98o AC. r _ I a-a -- - 7 0 J - ROGER W.B U Wy DEBRAJ. REEVEG why q -• Y 3g � aRn 17 � w1 L - -J+ dug Ni IF a Rz GREMW Tw aLISAE. '91 I nnDREws +p m / 18 IT s 19 ED%N J. a ERI E. THOMAS 9 m 4e.00' O O 8,55 21.00 Ladder Truck feet Width 8.00 Track 8.00 Lack to Lack Tim, 8.0 Steering Angle 33.3 CA DATA J. SUSAN E. R -, 50.00 6 L =23243 mMrILESIIr T= 146.84 y �-I C� Z '43 " R 165.00 -- R= 185.00 0 = 258.02' Y I M , T= 1 fi3.84' W 9 W I MEND 26 TREE PRESERVATION ONE ZO 22 $a9 25 � z , I I Ia 60 0 6D 120 murlL Eaxr - -� —' oo� F SCALE M FEET g � b F - - - - I I �1 - EX KATESBRIDGE COURT 1 \ � � � IX. KILBRITTAN LgryE CYN B. SNIDER V \7 I� � / r FL_ TRUSTEES j -I � JII T 1 FF F }L I L - - L -- ' L I - - -�� I zJ 1 1 I FREDERICK J. FRANKAa MGNANATH MICNAELS.a L ` - -- / WILLMMB MARKE.B PAWNISWAMV MAN 8. JENNIFERA JAe JAGANRa JEFFREY5.8 ERNELEE P. 3CA , EATARIWIM. SUSAN B. SItMDN S. HAMSAVENI LANDIS ENSMINGER MM C. VIJAYA L. PAGNATTA McpDNALp GOOD WU JURgS VENUGOPAL ROORIGUEZ CHITTIPRDLU soo• D•sD"w ,I KEnwETHa 1153.85' CHRRTINE A — -- — BO' - -_ - -- — — 91 115' iu NTZONE/ aa•Ma EaMr - -- — - - - - -- K u 14 13 a 12 a RI 11 g 1 W 10 $ 9 m 6 o 20'1 Z ONE N xa Nn FnMr 7 mk RESERVE "A" t1.8AC. 145' w [1 A / C 145' 2 / ads / s' 3 g R B i 45' N $ wI 4 5 2. L.. m L - -J 71' 9Mil Ac. a 1IL a 6 bs a a W J. SUSAN E. HANDLER 6 � - 1 mMrILESIIr w ZO y �-I I/ C MLLTJNaE A FA D 0 . Y I M , \ W 9 W c6 E 26 20 a ZO 22 $a9 25 � z W _ 7 ^ av Ia B I l murlL Eaxr i oo� F wi NE g � b z� r d c wLESMr z -- VE "C" ,98o AC. r _ I a-a -- - 7 0 _ Ac. a 1IL a 6 bs a a W 1' 99 9D W I 9P 1 91' w 189' 1,11 INS P BEPOBEOr MOEwOD! — yyELLIN � RVE _C OURT — _ - �, \V" J. SUSAN E. HANDLER M RIHY � - 1 mMrILESIIr w ZO I/ C MLLTJNaE A FA D Pia . Y I M , 20'30' BUILD ZONE c6 E 26 20 a 21 22 $a9 25 26 W _ 7 ^ av Ia B I l murlL Eaxr 31 YARD S TREE NHANCEMENTZ wi NE g � b z� r d LF wLESMr I e D -- VE "C" ,98o AC. r _ I a-a -- - 7 0 _ z g Wy 1' 99 9D W I 9P 1 91' w 189' 1,11 INS P BEPOBEOr MOEwOD! — yyELLIN � RVE _C OURT — _ - �, \V" - NOM071"W Wmnln9Mn T9MRNP it CPry9rttlon Una _ 4.0 AC. OFF -SITE DRAINAGE JERRY G. a MPASHA M. SPEARS, III r -T-- Y :HET 2 3 III -I! l MK:HAEL18 JOESPH JANETp. J. SUSAN E. HANDLER M RIHY � - 1 mMrILESIIr w ZO l / )�LLI2y L T s L 9s0 MLLTJNaE A FA D munLEaxr 20'30' BUILD ZONE 26 20 a 21 22 23 a 24 ` 25 26 W _ 7 ^ av Ia murlL Eaxr 31 YARD S TREE NHANCEMENTZ wi NE mUTL. z� r d LF wLESMr - NOM071"W Wmnln9Mn T9MRNP it CPry9rttlon Una _ 4.0 AC. OFF -SITE DRAINAGE JERRY G. a MPASHA M. SPEARS, III r -T-- Y :HET 2 3 III -I! l MK:HAEL18 JOESPH JANETp. J. SUSAN E. HANDLER M RIHY � - 1 I I a l / )�LLI2y L T s L 9s0 r � 1 tl J 4 aY LF � I e D -- ,98o _ I a-a z g Wy 3g w1 L - -J+ dug Ni IF a Rz z - - 13PUT - - - - NOTE. Grading shown Is based en Auditor's Topography and is subject to change upon completion of final engineering plans. 4 0 > r > y g Plat SAN ITARY SE 50IrE "ga � @ EXTENSION r =ee9.9 9P 999 . BYtO CRV SAN E - _ - IX. BRAN ROAD _ Ex M.E a HW Foci •W.M. Ex RAV \ ONq. ENV. 6 f T- , S9n. 60 a Ea 120 SCALE IN FEET - - - - �� el I LT L__ I KA I G � TESBRIDGE COURT IF LBRITTAN E� y -- Y GSNIDE Z y_L l __ SNIDER, �- I � � I Z i a �Y �� eee. � TRU81EE8 L 1 � - \ I wt9 aea.9 �� J I j w0.9 _ _ _' s s \ / EIl § 99a0 r 989.0 0.51 5 i L19' f r - -� ��_ -J Z l- L - - - -� L-_ i d E5 I aTC BBB 96 _J Ij \ 91m. -� I Et irn•BN.fi2 FNEGERKMJ.a J KAS �/Itty Md_ MARI(E6 PALWI AMY &tUW B. MNNI�FE JA9 \ 9 ��I SCARIkTfJ. KATARINA M. SU£1N 8. - I- HAMBA ��EFFREYS, a ERNEEE P. GpD A pgGNAA GN B. LNDI3 EMSMINGER 5 I ECIW J VENUGOPAL U GRIE 00 � E9.9'BMb la; E9.9 4• KEN T9 as.' 12•STM . 1 0 .58% O '.Inv881 O IXELL ' GHRI TWE I -- - -- a3 a3 2' S1M 3 � E%. � 6 1' IX S R -- -- - _ - -� 4P TREE LWMT 40'TREEENH NT ZONE/ , E� 1T 8TM _ 3s r 4 If R RYARD SETBACK/ ETBACK/ R Rve E BACK /�/ N� 0 O 0 15 V REPA 16/ / 14 8 13 o e ° 0 0 THE sA FGE /� .3 Iz �q$� 11 °�� W� 10 ` 0 EoR 0 1 'Ah 898 8959 i�' 850 E R FGE �R @FGE ° o E� o'o 0 / ® 0 894 s4� - 0 � � V 0 0 �.1 t 8 0 a 6 °0 894.5 20 70' BUILD 2 ° ° ° O ® O a TRFE P RE9ERYR TI 13 tlV11L E8 $y W 1z u o.w% _ WELLIN 31 � .0 IN 0 "� iC TL 17 1 W O90' 18 SrM 98 . I m ANO L- + • 0� FGE um F E � ,a 20' GILD ZONE �_ 0 0 �9j�F �' 0890.00 rFA� 88 .2 1895 0 FGE/ 8 0 I� 9 o 0 0�0 o ce9�.� om 20 f' �2 0 � 2 a 2 $, _ , 19 0 0 0 E� G ,1ffE PI�B�ntl 9(P' 0 ° ° � / li _ J I ARD SET W TH / az0 0 ® O a, 0 - ILEa9r REE N NCEMEMZ NE 12• (ryy 1Y 8TM TM q 9 1Y .\ O O 80 E%901.6 EKB01. EK95AY IXB6p of DUb9in 39 EIL 995.0 ER. T L _ } I L L � I II min Lla JOESPHJ.d Dl &I ®F TC 680 G0 TG. 9USgN E. r, Ex. inv�M.45 I I ww �CwRmv 'v C �/ J99 PR.'P I� 1 I II sl ay / -- v =�b T7 m fu � a _ _ v � G ° J 0 K'E rc L II m s _ n w � I PE a9 S z � $ o F gg J Q - 3 wz.0 IW N $ O cI Row N7� ~� L I Go -s �\ E9. B• IkBeeE 1 -J ��o � 5\ �'"m -J I $ I � I� � m l2 ERRYnMe Ervl ( s ( w ) c a / 0 ca 70� 6I 8 FGE 8968 895.0 N O 0 1s 89 0 & O I�I 8'5 Q / Oa O9 12 Y F�E VOU OW � a PRCPOEE '96 �/ -0 z I 895.8 g a T" 25 26 0 m 2 MW TwmWO ¢ MGHAIAMAG / I 4.G ACS AGNSFME -rA- 6FR =SITE j DRAINAGE JERRY o.a 9�VRSHA M. aPERR9, 111 �4'9T - > O FGE \ FGE D y 895.7 895.0 W W O 27 6 - � � / O a 1 L9WL IX •� 3fi .5 IXW4.1 / � + �4 �I W 38'7Q[YII i z I J 1 I I 0 m W � z ooh 0 i u w_ ce C titi H � E w a9 I J 1 I I W V W b x G � F w � EY { � E / a9 �" ( J OF Y 4 � m n I r \ \ F'- 9Rar 3 SUBMITTED TO CITY COUNCIL BY ADJACENT RESIDENT 94,'v✓t *i SUBMITTED TO CITY COUNCIL BY ADJACENT RESIDENT OP 18 17 16 q, 0 CA 19 0 F21 Qa O El O El O Z Al .- 14 s 167- O O 10 O �❑ I O 6 a . 4 . - -1.. 2 c ---------- b 1 04 AG 0 S i x.4 1) AC. W• I BASIN DRY BASIN BOB ADJACENT RESIDENT CORRESPONDENCE March 10, 2012 From: vreeves3 @columbus.rr.com> To: < aclarke@dublin .oh.us>, <jbeal@dublin.oh.us> Date: 3/10/2012 5:33 PM Subject: Contact Dublin City Council Date: Mar 10,12 Time 03:57:30 PM Topic: Ordinance 14 -12 Comments: In reference to an e-mail response from Sara Ott, Senior Project Manager for the City, to my e -mail sent to City Council on 3/7/12, we appreciate Sara's response to our concerns. While she did respond to our concerns, she did not address them by offering a reasonable, thoughtful solution in accordance with Dublin Zoning Code 153.140 which states: "conserve and protect to the greatest extent possible the city's existing trees, wooded areas ... to protect and promote the use of existing vegetation as noise and visual buffers; to preserve and enhance nesting areas for birds and other wildlife and to preserve movement corridors for wildlife..." Under the current proposal, a Tree Preservation Zone of 40 Feet off the rear property lines for lots 16, 17, and 18 will allow the developer to take out all of the 66 trees which have a circumference of greater than 12" from 40 feet to 80 feet. While we understand that the tree survey requires a different standard of measurement (diameter at 4.5 feet above ground) than the one we used, Sara's statement that "Planning also noted that your description of tree sizes is somewhat exaggerated from that documented in the survey" was unfounded and unprofessional. We spent a total of five hours marking off the area in question and measuring the affected trees. Planning's tree survey did not use the same standard of measurement that we used. It would be impossible for Planning to make ajudgment about the accuracy of our survey. The important issue is that the proper care to protect the large mature trees within this additional 40 foot deep area is not being observed, especially when there are other options available to the City and the developer. During the Planning process, the developer originally planned an additional lot to the east of lot number 1. This lot was eliminated during the approval process for other cons! iderations. Additionally, Sara indicated in her response that our solution to adding an additional lot immediately to the south of lot 28 was not available because the rear of the lot would only allow for 60 feet of width in order to keep it outside of the Brand Road 100 foot setback. That is probably true. However, the front of the lot would be in excess of 90 feet wide, the house would fit on the lot and still meet front and side yard setbacks, and there is no requirement for all lots to be a rectangle, (lot #6 is a pie shape which is narrower in the rear than front). The new lot 29 could be placed without intruding into the 100 foot Brand Road setback, and still meet all City zoning requirements. It spears that Planning is not willing to go the extra mile in order to attempt to justify Planning's approval of the plan instead of giving proper weight to Zoning Section 153.140 as quoted above. We urge City Council to review our proposals which would still provide the! developer with substantially the same amount of profit from th! e development and would also come much closer to meeting the the stated goals behind existing City Code requirement 153.140. Thank you for your consideration. Contact All Members: Yes Would You Like A Response ?: No Name: Roger Reeves Address: 5149 Reddington Court City -State -Zip: Dublin, Ohio 43017 Phone 614-353-1967 Email: rreeves3 @columbus.rr.com IdentiPIC selected: dublin STAFF RESPONSE TO ADJACENT RESIDENT March 9, 2012 Page 1 of 2 Dear Mr. Reeves, Thank you for your inquiry regarding Ordinance 14 -12, Wellington Reserve. City Council received your message. After reviewing your inquiry, I thought it would be helpful to provide you the following information and some feedback on the suggestions you made regarding the proposed development. This information was prepared for you with the assistance of Planning staff. This ordinance is scheduled for first reading by City Council at its March 12, 2012 meeting, beginning at 7:00 pm, at City Hall, 5200 Emerald Parkway and you are welcome to attend. Regarding your comment on creating a Tree "Preservation" Zone, currently the homes in Wellington Reserve are required to be located within a "Build- Zone" between 20 to 30 feet from the right -of -way. This means that a portion of the house must be located within this stated setback, leaving a larger rear yard area. The development requirements also require a minimum lot depth of 140 feet. The average dimension of a home within this subdivision may be between 65 and 75 feet. This leaves approximately 60 -70 feet of distance from the back of the average home to the rear lot line. If an 80 foot preservation zone was put in place, this would cause the lots to not be able to meet the development text requirement for lot depth and could greatly restrict the usability of these lots for typical backyard amenities. The 60 -70 feet from the Wellington Homes to the rear lot line would be generally equivalent to the rear yard setbacks of your home on Reddington Court, and would provide a distance of 120 feet or more between the homes of Wellington and your neighbors' homes. In measuring from lot 17 to your home, the distance is approximately 150 feet. Planning staff has indicated that changing the nature of this area between the two subdivisions from the Enhancement Zone to a Preservation Zone for lots 16 -18 is appropriate. However, they also recommend that the opacity requirement of 75% remain. The development text was changed specifically at the request of the Planning and Zoning Commission to read: "The buffer may consist of existing vegetation, deciduous or evergreen trees and /or deciduous or evergreen shrubs. The design of the buffer shall incorporate and preserve existing trees and vegetation where possible, while striving to achieve 75 percent opacity after two growing seasons. Areas of preserved trees and vegetation shall be deemed to meet opacity requirements, but may be supplemented with other plantings that do not require the removal of vegetation to install." This requirement should be beneficial to adjacent property owners as it will provide additional screening in areas with little or no existing vegetation. The reconfiguration also caused lots 16 -18 to be located at the end of a cul -de -sac, rather than a future through street. It is likely that the additional privacy afforded to these lots will contribute appropriately to their value more than increasing a buffer. Planning also noted that the your description of tree sizes is somewhat exaggerated from what is documented in the tree survey. Perhaps you used a different means to measure the trees than the City standard outlined in the Zoning Code. Zoning Code requires measurement of trees using DBH (Diameter at Breast Height), which measures the diameter of the tree 4.5 feet from its base, and is not a measurement of the circumference. The tree survey shows about 50 trees in the 40 foot Tree Enhancement Zone. There are an additional 26 trees between the 40 foot and the proposed 80 foot zone. Of these, five meet or exceed a 12 inch diameter (20 inches, two at 12 inches, 40 inches, and 24 inches). The 40 inch is a Beech tree in good condition. While we understand that eliminating lot 17 would certainly protect you, it would cause the applicant to lose the value of this lot without the ability to make it up in another location, as suggested. STAFF RESPONSE TO ADJACENT RESIDENT March 9, 2012 Page 2 of 2 Finally, the purpose for the delay of this project from the last Council agenda was to allow the redesign of the subdivision to permit an extension of Ballybridge Drive to the west property line of Wellington Reserve. This, along with the creation of a permanent cul -de -sac in the north portion of this project, caused the lot lines along the west property line to shift farther south, closer to the Brand Road setback. Lot 28, the lot closest to Brand Road, is now approximately 60 feet from the Brand Road setback, from the edge of the west property line. An additional lot in the redesigned configuration as suggested would intrude into the Brand Road setback. The Planning and Zoning Commission, and City staff, worked diligently with this property owner, who was willing to make significant changes that were designed to protect adjacent homes. As the Commission noted, these lots are generally equivalent to, or larger than, those on adjacent subdivisions, and sufficient buffers and planting areas have been provided to enhance not only the Wellington lots, but those of adjacent properties as well. Thank you, Sara Sara Ott Senior Project Manager City of Dublin Office of the City Manager 5200 Emerald Parkway Dublin, Ohio 43017 phone 614 410.4400 direct 614 410.4448 soft @dublin.oh.us www.dublinohiousa.gov www.twitter.com /dublinohio www.facebook.com /dublinohio ADJACENT RESIDENT CORRESPONDENCE March 7, 2012 Page 1 of 2 rreeves3 (ocolumbus.rr.com> 3/7/2012 9:29 AM >>> Date: Mar 07,12 Time: 08:59:36 AM Topic: Ordinance 14 -12 Comments: Concerning Ordinance 14 -12 to be read /introduced on 3/12/12, the plan approved by Planning and Zoning for Wellington Reserve currently calls for 28 single family lots. Specifically, the plan provides for, among other things, a 40 foor Tree Enhancement Zone at the northern boundary of the property within lots 16, 17, and 18. These homes to be constructed are projected to be set back approximately 120 feet, 75 feet, and 110 feet from the rear of the structure to the rear property line, respectively. Wthin each of these three lots, the area outside of the 40 foot Tree Enhancement Zone, from 40 feet to 80 feet off the rear lot lines contains a total of 66 trees which are in excess of 12" in circumference. Lots 18 and 17 combined, contain 63 of this size tree within this are, with 32 trees being larger than 24 ". The largest of these 32 trees are: two at 32 ", three at 33 two at 34 ", and one at 36 ", 38 ", 40 ", 43 ", 44 ", 45 ", 50 ", 53 ", 56" 60 ", 63 ", 65 ", 67 ", and 91 ". Lot 16 only has three trees larger than 12" within this 40 feet to 80 feet area, and their sizes are 39 ", 44 ", and 53 ". The adjacent property owners in the Brandon Subdivision are unanimous in their opposition to this proposed development as currently proposed in two specific aspects. We are opposed to the 40 Foot Tree Enhancement Zone across the rear property lines for Lots 16, 17, and 18, and respectfully request that this be modified in two ways: 1) that the Enhancement Zone be changed to a Preservaton Zone and the 75 % opacity requirement be eliminated; and 2) that the 40 Foot Tree Preservation Zone be expanded by an additional 40 Feet in depth, resulting in an 80 Foot Tree Preservation Zone across the rear of proposed Lots 16, 17, and 18. Under the currently approved Development Plan, the developer would have the freedom to, and by necessity, would in all liklihood, remove all existing trees within the 40 Foot Zone which would otherwise prevent new plantings of Evergreen trees to meet the 75% opacity requirement from growing successfully. For this reason, a change from Tree Enhancement to Tree preservation, and elimination of the 75% opacity requirement is essential to the protection of the numerous existing healthy, mature trees within the 40 Foot Zone. The expansion of the 40 Foot Tree Enhancement Zone to an 80 Foot Tree Preservation Zone would also protect the 66 trees larger than 12 ", and more specifically, the 35 trees ranging in size from 24" to 91 ". Allowing these trees to betaken down when they could easily be preserved without reducing the bnumber and size of building lots to be developed is unreasonable, and irresponsible. In order to allow for the expansion of the 40 Foot deep Tree Preservation Zone to an 80 Foot ADJACENT RESIDENT CORRESPONDENCE March 7, 2012 Page 2 of 2 Tree Preservation Zone, and to maintain the same number of building lots to be developed, the following changes to the Development Plan could be made: 1) Make the entire lot 17 a Tree Preservation Zone and expand the Tree Preservation Zone across the back of lots 16 and 18 from 40 feet deep to 80 feet deep. On lots 16 and 18, the house footprint is 120 feet and 110 feet respectively, from the rear property line, and would be 40 feet and 30 feet, respectively, from the new 80 Foot Tree Preservation Zone. This would still allow plenty of room for patios, porches, or other improvements off of the back of these two homes. 2) Replace the "no build" lot 17 with a new 90 foot wide building lot 929 immediately to the south of the present lot 28. This area is currently open space but the new lot would still be well outside of the required 100 feet setback from Brand Road. 3) If there are concerns about the sight lines from Brand Road to the future side elevation of the home which would be built on the new lot 29, require the developer to plant Evergreens for 75% opacity along the southern edge of the new lot 29, screening the side of it from Brand Road. There would be no additional cost to the developer as these trees would have previously been planted on lots 16 through 18 in the previous Tree Enhancement Zone, which would now be a Tree Preservation Zone. By providing for these few relatively minor changes to the Development Approval, City Council would preserve a substantial number of large, mature trees (35 trees larger than 24 ") which would enhance the proposed development, as well as maintain a wider buffer between the existing Brandon homes and the new Wellington Reserve homes. This would also have a relatively small adverse economic effect on the developer as it would not reduce the number of lots, and could potentially increase the value of lots 16 and 18 due to the Preservation Zone between the two lots, and the preservation of mature trees to the rear of the lots. None of these changes have any adverse affect on the existing homes in neighboring Wellington Place. Thank you for your consideration of these proposals. Roger Reeves Brandon Homeowners representative Contact All Members: Yes Would You Like A Response ?: Yes Name: Roger Reeves Address: 5149 Reddington Court City -State -Zip: Dublin, Ohio 43017 Phone: 614 - 353 -1967 �. tti �► WELLINGTON KATESBRIDGE LN. RESERVE w.vti�r' dt ~ REDINGTON CT ` �R >' WELLINGTON .' ,� {, �'` 4 o`- ., . PARK 6� k r} ` - 1 ,i7��..,- - mac `` w s ir D Y P , Nell iron" ka 4e `'��.. 4, LEGEND 0 EXISTING TREE PROPOSED REPLACEMENT TREE - DECIDUOUS PROPOSED REPLACEMENT TREE - EVERGREEN 1 PROPSOED STREET TREE PROPSOED ORNAMENTAL TREE r r NOTE: The u ose of this drawing is to illustrate the relationship of the development design intent to the existing conditions both on and off of the site. The home footprints, driveway locations and orientations P rP 9 P P g 9 tP � aY removed and preserved trees and proposed landscaping are representative of a good faith eff ort to represent buildout based on the standards contained within the preliminary development plan and preliminary plat. Replacement tree locations and quantities as well as a final scenic setback landscape treatment will be presented for approval atthe Fiaal Development Plan phase. Final home locations, sizes, driveway orrientation and landscaping will be finalized as part of the building permit phase. EX. #CAT SBRIDGE WUR n I' C3� 0 L LU 0 i � k 0 V A 1 1162 1 W'6 0' 30' 60' 120' NORTH _ - = I C -- 1 1 1� EX. KILBRITTAN LANE i I M I 11 .IS t Z+ r z Q LLJ Q LLJ Q Ln WELLINGTON RESERVE ■ Prepared for Casto ,'~ LEGEND EXISTING TREE PROPOSED REPLACEMENT TREE — DECIDUOUS r� PROPOSED REPLACEMENT TREE — EVERGREEN PROPOOED STREET TREE ® PROPOOED ORNAMENTAL TREE r vl AL I% I � I I I I I I I I I J JI i �I JI I I I I I I i I � I BUILD ZONE BUILD ZONE BUILD ZONE i I 0' 5' 10' 20' NORTH z Q Lu U z O u r vol W m r vol rvol W W r WELLINGTON RESERVE ■ Prepared for Casto CITY OF DUBLIN To: From: Initiated by: Date: Re: Department of Service 6351 Shier -Rings Road, Dublin, Ohio 43016 -1243 Phone: 614-410-4750 Fax: 614-761-6512 All Members Dublin City Council Marsha Grigsby, Interim City Manager/Director of Finance Dana L. McDaniel, Assistant City Manager/Director of Service May 30, 2002 Request from Meadows at Wyndham Village Homeowners Association Attached please find Ordinance #82 -02 providing maintenance to the Meadows at Wyndham Village Homeowners Association (the Association). The Community Services Advisory Commission (CSAC) recommended providing relief to the Association to reduce its maintenance costs. Council concurred with CSAC's recommendation and requested staff work with the Association to determine a solution that would provide the authorized level of relief. Staff met with the Association's trustees and negotiated the provisions incorporated in Ordinance 82 -02. Questions regarding the Ordinance or the services to be provided may be addressed to Dana McDaniel at work: 410 -4751 or mobile: 206 -3311. WANI r T: \r rdOANAIMEM05 \COUNCIL \Wyndham Village Request 053002.doc RECORD OF ORDINANCES Ordinance No. 82 -02 . 1 ._ Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PROVIDE MAINTENANCE AT THE MEADOWS OF WYNDHAM VILLAGE WHEREAS, the Meadows at Wyndham Village Homeowners Association (the Association) requested City Council to provide some type of relief from the maintenance of reserves dedicated during the development process; and WHEREAS, the Association expressed concerns that their maintenance cost per home was significantly higher than that for other homeowners associations; and WHEREAS, providing such relief would lower the overall cost to members of the Association; and WHEREAS, City Council requested the Community Services Advisory Commission (CSAC) review the request and make a recommendation; and WHEREAS, CSAC recommended that the City establish a lower limit to the ratio of homeowners to acres maintained by homeowners' associations of 36 to 1; and WHEREAS, CSAC, based on its recommended ratio of homeowners to acres maintained, recommended some type of relief be granted to the Association; and WHEREAS, City Council concurs with CSAC's recommendation that certain relief is warranted; and WHEREAS, City staff has negotiated with the Association and agreed upon a solution to provide the level of relief authorized by City Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City of Dublin will provide turf management consisting of weed control, fertilizing and mowing of reserve "A" and the area north of the bike path and south of Brand Road along the frontage of the Meadows at Wyndham Village (Attachment "A "). Section 2 The City of Dublin will provide mulch and maintenance of all street trees within this area. Section 3 The Meadows at Wyndham Village will continue to provide all landscaping, turf management, tree maintenance, and any other maintenance except as otherwise specified above for all areas for which the Homeowners Association has responsibility. Section 4 This Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this day of 1 2002 Mayor - Presiding Officer ATTEST: Clerk of Council Attachment A Hatched area: • City to provide turf management (i.e., fertilize, weed control and mowing). • City to mulch street trees along Brand Road only. CITY OF DUBLIN Department of Service 6351 Shier -Rings Road • Dublin, Ohio 43016 -1243 Phone: 614 -761 -6570 Fax: 614-761-6512 To: Marsha Grigsby, Acting City Manager/Director of Finance From: Dana L. McDaniel, Assistant City Manager /Director of Service Date: May 22, 2002 Re: Bishop's Run and Crossing Homeowner Association Analysis Memo In listening to Council's discussion regarding Bishop's Run and Crossing, I thought it important to conduct a quick assessment of the Community Services Advisory Commission's (CSAC) recommendation in relation to these developments. Likewise Council Member Lecklider called me Tuesday, May 21, desiring the same analysis. Bishop's Run 7.64 acres of "Park" x 30% (mowable) = 2.30 acres # of households = 56 .05 acres per home (mowable) 24 homes to 1 acre (mowable) 7 homes to 1 acre (all acres) Bishop's Crossing 5.5 acres of "Park" x 30% (mowable) = 1.65 acres # of households = 113 .02 acres per home (mowable) 68 homes to 1 acre (mowable) 20 homes to 1 acre (all acres) Meadows at Wyndham Villaee 1.61 acres X 60% (mowable) =.97 acres # of households = 30 .04 acres per home (mowable) 30 homes to 1 acre (mowable) 19 homes to 1 acre (all acres) CSAC recommendation 36 homes to 1 acre (all acres) Bishop's Run and Crossing 13.14 acres of "Park" 3.95 acres (mowable) # of households = 169 .08 acres per home (mowable) 43 homes to 1 acre (mowable) 13 homes to 1 acre (all) Potential Cost $3,343 /acre /year (turf maintenance) x 3.95 acres = $13,205 $13,205 /year _ 169 households = S78 /year Note: 36:1 ratio homeowners pay about S93 /year 54:1 ratio homeowners pay about $62 /year Note: Reserves to be maintained by homeowners of Bishop's Run and Crossing consist of extensive landscaping. According to the Concept Plan this landscape consists of low maintenance plantings (i.e., grasses, wildflowers and trees). The above costs do not include landscape /entry way maintenance costs. It is only a comparison of mowing costs as a common denominator. Conclusion: It appears that taken individually, neither Bishop's Run nor Crossing would meet the recommended home to acre ratio (36:1) using "all acres" to meet the recommendations of the CSAC. Considered together, as agreed to at the May 20, 2002 Council meeting, a ratio of 43 homes to 1 acre for mowable acres exceeds the 36:1 ratio, however the all acres ratio 13:1 does not. It is feasible this homeowners' association, even combined, may experience difficulty in keeping homeowner association fees reasonable. The reasonableness of their fees will depend on how low maintenance the landscaped areas can be. As Council pointed out, it is imperative that a good education effort be provided to potential buyers. The Division of Community Relations and I have briefly discussed a possible brochure to be sent out through realtors and model homes. This will likely be developed and distributed by August. Thank you. DLM /tb E6vord\DARA \MEMOS\CITYMGR \Bishop Run Crossing HOA I do RECORD OF PROCEEDINGS Minutes of Dublin City Council I I Page 11 Meeting April 22, 2002 which is contrary to the City's policy. This type of development should not exist in the City of Dublin. Mayor McCash noted that this Council should not question a previous Council's action. Mayor McCash moved to approve the final plat as submitted. Ms. Salay seconded the motion. Vote on the motion Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Reiner, no; Mr. Kranstuber, no. Motion carried. Recommendation from Community Services Advisory Commission Regarding the Meadows at Wvndham Village Homeowners Association Request for Assistance with Maintenance of Reserve Areas Mr. McDaniel stated the property owners have requested relief from the requirement that their homeowners association maintain certain reserves that are owned by the City of approximately 1.614 acres. The property owners are paying high homeowner association fees in order to meet the expense of maintenance of that property. The Community Services Advisory Commission (CSAC) reviewed their request. They met with members of the community, reviewed their requirements, fee structure and budget, and conducted a survey of other homeowner associations. The CSAC memo addresses the ratio of households to amount of acreage to be maintained. To create equity, they created a benchmark, which is 36 homes per acre of land maintained. CSAC believes that an inequity exists in the ratio of houses to reserves maintained by the Meadows at Wyndham Village compared to other homeowner associations in Dublin. They are paying at a rate more than twice that of a comparable situation, i.e. Wellington. By comparison, 130 Wellington residents maintain 3.5 acres of City -owned reserves at a cost of $145 per household, whereas the 30 property owners in Meadows at Wyndham Village maintain 1.614 acres at a cost of $456 per household. Staff recommends that the City reduce the inequity for those homeowners by providing 100% of the maintenance and charging back a portion of the cost to the homeowners. Mayor McCash inquired if homeowner associations typically maintain their entryway features and common areas within the cul -de -sacs. Mr. McDaniel confirmed that is the requirement. Wellington subdivision is the closest comparison, as it also has a large greenspace owned by the City near their entry on Brand Road, which they are required to maintain. He noted that CSAC recommends that in the future, the City consider a benchmark for new developments. If the ratio begins to drop below the 36 houses per acre in a development, the City should seriously consider whether that maintenance should be required of the homeowners association. The benchmark could be set even higher than that, perhaps at 54 homes /acre. Mayor McCash inquired if the problem occurs when the amount of parkland dedicated is over one acre. Mr. McDaniel agreed that the trend has been to require more greenspace dedication, while at the same time handing over more responsibility for the maintenance of that land, City land, to the homeowners associations. If it is a parkland reserve or dedication, the City maintains it, but other setbacks, which can be considered an enhancement to that neighborhood, are considered the neighborhood's responsibility. However, a fair benchmark should be adopted. Mayor McCash stated that in situations where the City gains more open space, the City should not delegate more maintenance to the homeowners in that neighborhood. Another consideration would be to upgrade the Code standard. Mr. McDaniel noted, for accuracy's sake, that there are reserves of approximately 14 acres that other associations are required to maintain. However, most of that is wooded and requires minimal maintenance. Mayor McCash stated that this may be a policy decision, which requires a legal opinion. If a minimum amount of open space is required of a development, but the City gains more open space dedication with another development, is it appropriate to charge the homeowners for maintenance of more than the minimum? Is it appropriate to include that additional space in the ratio calculation? RECORD OF PROCEEDINGS Minutes of Dublin City Council Page 12 Meeting April 22, 2002 Mr. Lecklider stated that he would prefer that the City subsidize a portion of the maintenance of the greenspace, rather than reduce the amount of open space dedication. He noted that there are two reserves - one fronts Brand Road, and the other reserve is east of the subdivision. The larger one, along Brand Road, provides the City a setback consistent with the significant setback all along Brand Road. That setback contains a meandering bikepath, which is used by the public. The second setback is more internal to the subdivision. Mayor McCash stated that the policy decision should consider equity to the homeowner association, but also consistency in quality of maintenance. Mr. McDaniel stated that it would be wise to remember that the City's action could be precedent- setting. However, he is presently unaware of any other association where the ratio begins to approach the inequity of this one. These homeowners will still pay a fee higher than most of the other homeowners in the City. Mayor McCash inquired if staff or legal staff could establish a list of criteria for future applications. Ms. Clarke stated that the type of scenario experienced with The Meadows of Wyndham occurs when the subdivision has a substantially greater property width to depth ratio than is normal. This particular subdivision is the most shallow along Brand Road. She noted that Planning staff is aware of the parkland to be dedicated when a property is being rezoned. That information can be provided to Council at that time, along with the density, right -of -way, length of cul -de -sac, and other empirical facts. The information can also provide the expected number of houses to maintain the suggested open space. Mayor McCash stated that would make sense for future subdivisions. However, are guidelines needed to address requests from existing homeowner associations, should they be brought forward? Mr. Lecklider recommended that a threshold ratio be set and future applications be considered on a case -by -case basis. Mr. Reiner stated that he supports the suggested remedy for this case. However, there is a cost to own a home in Dublin in view of the commitment to open space. He does not endorse the City accepting the responsibility of maintaining all the larger setbacks. That is part of the responsibility assumed by the individual developments. Mayor McCash stated that all of this land is public, dedicated open space. Ms. Salay stated that the difficulty is in differentiating between the private open space, the common areas and public open space. If there is a bikepath through the area, and the homeowners association has no control over who comes onto that open space, it is a public park area. She is not comfortable with requiring a few citizens to bear the cost of maintaining an area used by the general public. If it is private open space for use by that development, it is acceptable to require them to maintain whatever they have chosen to buy. A resident of Heather Glen North stated that in order to contain the cost of maintenance of the open space, the homeowners had discussed not using a property maintenance company, but instead taking turns to mow the property themselves. However, the question of liability arises if a licensed, bonded company is not performing the work. Ms. Readler stated that the City maintains liability insurance on City -owned property. Many of the homeowner associations carry insurance on the City -owned properties. She is not sure in the case described whose insurance would pay if a claim were filed. Mr. McDaniel stated that there is a recreational users law, which may protect the association and /or City. That law holds the individual responsible, if he /she enters the greenspace of their own choice. Mr. Kranstuber stated that the law would not apply to a maintenance worker. The homeowner associations should carry liability insurance on the property. Ms. Salay inquired if it would be necessary for the association to carry coverage on City - owned land. Mr. Kranstuber stated that both entities should carry coverage in case of a lawsuit. RECORD OF PROCEEDINGS Minutes of Dublin City Council Page 13 Meeting 11 April 22, 2002 Mr. Kranstuber noted a reference on page six that "....the City should continue to maintain responsibility for all stormwater systems /structures in all arrangements....," is that the City's present policy? Mr. McDaniel responded that is the City's current practice. Mr. Kranstuber inquired if that would apply to commercial properties. Mr. McDaniel responded that it would not - only to residential. Mr. Lecklider inquired if that would also include retention basins. Mr. McDaniel stated that retention basins would also be included. Mr. Lecklider stated that in Wyndham Village, there are two retention basins at the entrance. There is a reserve behind the southernmost retention basin. The homeowners association does not have responsibility for maintaining any of that area, other than the entry itself. The City maintains all of that open space. Mr. McDaniel stated that the City does not maintain every retention basin. Some are maintained by condominium associations, and in some of the older subdivisions with primarily private streets, the homeowners association takes care of the retention basins. Mr. Reiner inquired if most homeowner associations have the option of placing a lien on a property if the property owner is negligent in association fees. Mr. McDaniel stated the associations have varying practices. The difficulties encountered by homeowners associations in collecting the fees, however, is the reason the City should ensure that the fees are equitable. Discussion continued regarding the need for information for members of new homeowner associations. Ms. Salay inquired for what period of time the City has been requiring forced and funded homeowner associations. Ms. Clarke stated the Code does not require them. In the last few years, the requirement has been included in the negotiation process with the developer. Typically, the developer has no objection to the requirement. Mayor McCash suggested that CSAC consider the option of developing a brochure for new homeowner associations, which could include the recommendation to obtain liability insurance. Mayor McCash invited public comment. Richard Belville Trustee and Treasurer of The Meadows of Wyndham Village Homeowners Association, distributed a page which indicates the impact of grounds maintenance on their association's budget. Currently, their budget for grounds care is $8,634. Their maintenance is extremely basic - no sprinkler system, no electrical system to light the entrance way. However, currently, the assessment for ground care and insurance to a homeowner is $228, which is 2.5 x the average assessment of $117. The CSAC recommendation based on 36 homeowners /acre suggests a City share of $2,600. The cost per homeowner would thereby be reduced from $228 to $219, which is still nearly twice the average amount of $117. He pointed out that CSAC had suggested two options for Council's consideration. On page two of the recommendation, CSAC suggested a second ratio be considered, 54 homeowners per acre. If that option were approved, the City would assume a share of $3,900. That would bring the assessment for the individual homeowner down to $175.00, which is still 1.5 x the average fee paid by members of other homeowner association. He requested that Council consider that option. Mr. Lecklider asked Mr. Belville if the area of the two reserves in that subdivision are in fact .593 acres and 1.021 acres. He inquired which area is along Brand Road. Mr. Belville responded that both reserves are located along Brand Road. A third reserve is floodplain and is parkland dedication; it is maintained by the City. The first two reserves are part of the 200 -ft setback along Brand Road. Mayor Kranstuber stated that CSAC's recommendation is to approve the 36 -1 ratio. Mr. Belville's request is that Council consider the 54 -1 ratio. CSAC's survey indicates that RECORD OF PROCEEDINGS Minutes of Dublin City Council Page 14 Meeting April 22, 2002 only three homeowner associations currently have a lower than 54 -1 ratio. He asked that Mr. McDaniel attempt to secure this information from the remaining homeowner associations. Mr. McDaniel will obtain the information, if possible. Mr. Lecklider asked for clarification of the recommendation. Mr. McDaniel stated that the recommendation is to grant The Meadows of Wyndham Village relief for the cost of maintenance of the open areas at a ratio of 36 to 1, which amounts to $2,600. Mr. Belville has requested the relief be granted at a ratio of 54 to 1. CSAC also requests that the approved ratio be adopted into a policy that would be applied to future developments. Mayor McCash stated that Council does not have sufficient information to decide which ratio to adopt for future developments. Mr. Reiner suggested adopting the CSAC recommendation for The Meadows of Wyndham tonight to provide immediate relief for the 2002 mowing season. Adoption of a ratio for a City policy could be deferred until the additional information is provided. Mr. Kranstuber moved approval of the CSAC recommendation. Mr. Reiner seconded the motion. Vote on the motion Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Salay, yes. Recommendation from Community Services Advisory Commission Regarding Proposed Noise Ordinance Amendments Mr. McDaniel stated that the affected residents presented their case to CSAC, and CSAC recommends a three -step response, as noted in their memo of April 18. There is additional research to do regarding the reciprocal enforcement agreement, such as Westerville has with Columbus. The City of Dublin presently does not have such agreements. CSAC recommends agreements with all neighboring jurisdictions -- Shawnee Hills, Hilliard, Norwich Township, etc. Mr. Reiner inquired if this would preclude a "Polaris" problem. Mr. McDaniel stated that this constitutes an effort to do so. Ms. Salay inquired about the terms of the reciprocal agreements. Would Dublin police be empowered to respond to an offending business in the neighboring jurisdiction and enforce Dublin's noise ordinance against that property owner? Mr. McDaniel stated that is correct. Dublin's Code Enforcement Officer will coordinate efforts with the other jurisdictions' Code Enforcement, Police and Legal departments, as well as talking to the property owner. Mayor McCash moved to adopt CSAC's recommendation regarding noise restrictions, as noted in their memo dated April 18, 2002. Ms. Salay seconded the motion. Vote on the motion Mr. Reiner, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Recommendation from Finance Committee Regarding Hotel /Motel Tax Grant Application from Ohio FC Soccer Nike Challenge Mr. Kranstuber stated that the Finance Committee met earlier this evening to review this application. The application of FC Soccer meets the bed tax grant application criteria. The event fills the local hotels during what is typically a slow business month. Their request is for $25,000. However, on April 29, the Finance Committee will consider eight additional applications for bed tax funds, with requests totaling $131,000. Only $70,000 is available in the bed tax fund; therefore, the Committee recommends approving a grant to Ohio FC Soccer of $10,000.00. Much of that amount would go to cover the cost of City services. Mr. Kranstuber moved to approve a grant of $10,000 to the FC Soccer Club, per the recommendation of the Finance Committee. Mr. Reiner seconded the motion. Vote on the motion Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mayor McCash, yes. CSAC 3/12/02 Page 4 of 37 Mr. Roth noted Martin Road residents were pursuing the current process to have traffic calming devices installed on their road. Mr. Breseman asked if there was a specific incident that caused this topic to rise again. Mr. Roth noted the strength of the current policy. He felt Council made the right decision in referring such issues to a Commission because it was hard for Council to make good policy decisions on the fly. The Commission could devote time to studying the issue then make a recommendation to Council. VIII. Meadows at Wyndham Village Homeowners Request -Council Assianment (12/10/01) Mr. McDaniel introduced Mr. Combs from the Division of Planning. He then distributed and reviewed a draft memo he had compiled on behalf of the Commission. The draft memo was an attempt to get the background concerns and ideas discussed on paper. He noted there were areas of the memo the Commission still needed to fill -in and invited comments /revisions to any portion of the memo. He said he had circulated the memo to key staff members but had not yet received any comments. (A copy of the draft memo is attached and incorporated herein.) Mr. Hogan inquired why the City would subsidize 100% in option A of the memo. Mr. McDaniel explained a situation along Brand Road where the City desired to have a similar appearance in two adjacent reserves. He said charging the HOA's for reimbursement would avoid having to change the deeds, plats, etc. and simplify the legal processes. Mr. Suguness inquired what the City would do if a HOA refused to make the reimbursement. Mr. McDaniel said he would have to have the legal staff review this, but he felt the City could assess the property owner (i.e. HOA). Mr. Merritt suggested the City issue a check to the HOA rather than providing the servicing and seeking reimbursement from the HOA. Mr. Pagnard felt the City would not have as much control if it chose to pay the HOA. For example, the City may not be able to control the plants installed, the cost of the company contracted, etc. Mr. McDaniel said an agreement could be structured to limit the cost, type of work, etc. Mr. Pagnard noted the legal opinions and attached to the memo and that legal staff seemed to have some concerns. Mr. McDaniel concurred and said that all staff members involved in the review of this issue had expressed concern regarding establishing a precedent. He thought any recommendation in favor of "relief' should be stated in terms of an existing inequity. CSAC 3/12102 Page 5 of 37 Mr. Stoycheff inquired if the City was to assume 100% of the responsibility for the maintenance of these areas would taxes have to be increased. Mr. McDaniel said he could not answer that specifically, but that if the City assumed all responsibility for all areas City -wide there would be significant impact on the Operating Budget. Mr. Joseph replied the taxes would not have to be increased but the City would not be able to continue to install $6 million landscaping projects, bridges, skate parks, and the like. Mr. Pagnard said that if recommendation was limited to that proposed by Mr. McDaniel there should be relatively little impact on the budget. He inquired if the Commission was comfortable with the draft recommendation. Mr. Merritt said he would prefer to review the proposal in more detail. Mr. Suguness concurred. Mr. Pagnard inquired if the Division of Planning had a formal response to the draft compiled by Mr. McDaniel. Mr. McDaniel said he had not received a response yet. Mr. Roth referenced previous discussions regarding the establishment of a formula to determine the amount of area a homeowner's association should maintain. He noted a subcommittee had been requested but did not meet. He felt it was important to identify how many "exception" cases were likely to arise based upon a formula. He suggested including this information in the recommendation and then letting Council decide where the line (the formula) should be set. Mr. McDaniel noted he initially tried to work a formula but had eventually decided not to because of the difficulty in determining a mathematical point for each HOA when each one is so unique and has different features. A formula would not likely hold up unless a "common denominator" is established. Mr. Roth suggested only including the acreage to be manicured/mowed. Plantings, etc. would be up to the HOA. Mr. Breseman inquired about reserve areas that are heavily treed when a windstorm blows several trees down. Mr. Roth said that if it was a "natural" area then they should be left in the natural (i.e., down) state. In landscaped areas the trees would have to be removed. Mr. Joseph noted questions regarding the provision of insurance had been previously raised but he missed the last meeting. He inquired if there had been further discussion. CSAC 3/12/02 Page 6 of 37 Mr. McDaniel replied that the City did have certain immunities from liability. He said the City could not carry the HOA as "an additional insured." He could not recall the exact discussion but it was included in the minutes. Mr. Smith said he did not believe the City's immunity could "carry over" to the HOA, but legal staff could look into this issue. Mr. Bruening said he felt it was awkward for the private entity to insure a public property. Mr. Pagnard inquired if the City could facilitate an "insurance pool" for the HOA's. Mr. McDaniel said he could check on this. He noted that the argument could be made that these were public areas and therefore the City's insurance /immunities covered them as long as the HOA was not negligent. However, the "boards" of each HOA wouldn't likely feel comfortable with this. Mr. Pagnard inquired if the Commission had any questions for Mr. Combs. Mr. Suguness felt the subcommittee needed to meet to determine the formula to be recommended. The Commission determined the subcommittee would be comprised of Mr. Roth, Mr. Stoycheff, and Mr. Hogan. Staff reminded the Commission of the need to advertise the meeting, etc. if more than 3 members would be participating in the meeting. The subcommittee determined it would meet March 21 at 7:00 p.m. and would e -mail questions /comments to the rest of the Commission after the meeting. Mr. Pagnard noted Council had not set a deadline for the Committee's recommendation and inquired if the Commission wanted to hold an additional meeting in March. The Committee determined Spring Break and the Easter holiday would conflict with scheduling any additional meetings. The Commission would meet as scheduled in April. Mr. Pagnard thanked Mr. McDaniel for compiling the Commission's comments into the draft recommendation and commended him. Mr. Joseph said the Commission needed to consider increasing the "split" proposed in the draft recommendation to further reduce the HOA fees. He also felt language establishing a distinction between "owner frontage" and property maintained by the City that is for the benefit of the community as a whole should be eliminated as the HOA entrances were for the benefit of the whole community. CSAC 3/12/02 Page 7 of 37 Mr. Pagnard inquired if there were any other comments regarding this issue. He invited the public participants to remain for the rest of the meeting or the Commission could break for a few minutes if they chose to leave. Mr. Pagnard noted he had mixed emotions regarding this issue. He understood their concern regarding the fees they pay, but felt the requirement was clearly stated in the deeds and they should have been aware of it. Mr. Breseman inquired if the requirement could at some future point be reversed and homes located in areas currently designated as reserves. Mr. Merritt suggested the location of homes in reserve areas be included in the recommendation. Mr. Roth noted he understood that large green spaces beautify the entire community, but primarily they benefit the neighborhoods in which they are located. Having a consistent policy would help. How many homes does it take to support one acre of landscape? Mr. McDaniel noted that any formula developed should consider the cost per acre for maintenance, but this cost would be dependent on the types of amenities included in the landscape. A cost per acre for mowing (only) could be provided. Mr. Roth said he felt the formula should be for mowing only, not the plantings, etc. IX. New Business /Round Table None. X. Next Meeting The next meeting of the Commission will be: April 9, 2002 at 7. 00 p.m. In Meeting Room #1, Dublin Community Recreation Center, 5600 Post Road VIII. Adjournment: Mr. Stoycheff moved to adjourn. Mr. Pagnard seconded the motion. The vote was 7 -0 in favor of adjournment. CSAC 3/12/02 Page 8 of 37 F, 13M CG M -L v < C. i Lx C" rr r3o ON I p `, ... ��4 � `T V I �_ Department of Service 6351 Shier -Rings Road, Dublin, Ohio 43016 -1243 Phone: 614- 761 -6570 Fax: 614- 761 -6512 CITY OF DUBLIN CSAC 3/12/02 Page 9 of 37 To: All Members Dublin City Council From: Community Services Advisory Commission Initiated by: Dana McDaniel, Assistant City Manager/Director of Service Date: March 12, 2002 Re: Recommendation for Regarding Meadows at Wyndham Village Home Owners Association RECOMMENDATION At it's December 10, 2001 meeting, City Council referred to the Community Services Advisory Commission (CSAC) the Meadows at Wyndham Village's request for the City to provide assistance with maintenance of its Reserves "A" and `B ". The CSAC has met three times to hear the request and related issues/ information from the Meadows at Wyndham Village and other members of the public. Representatives of the Wellington Civic Association were the only other members of the public to attend. The City of Dublin requires developers to dedicate certain common areas as open and green space in subdivisions. This is related to the "Green Space Ordinance" and to set back requirements. Dublin can take title to this property and mandate that maintenance be performed by the developer, and, subsequently, by the homeowners association. Dublin has also practiced deeding this land ultimately to the homeowners association, hence, requiring the association to provide perpetual maintenance. These arrangements are memorialized in zoning documents and plats. Mandatory participation in the homeowners association and association fees are required in the deeds. The practice of requiring maintenance by the Home Owner's Association is two fold: 1) These reserves are viewed as an amenity to the community as a whole, but are most beneficial to the enhancement of the immediate neighborhood and ultimately to the neighborhood's individual property values. 2) Each neighborhood will have its own preferences as to the type, amount and expense of its own entryway, to include entry features and reserve areas. A review of the Master Property Listing shows a wide variety of arrangements throughout the City of Dublin and its subdivisions. Requirements vary regarding amount of reserves and requirements for maintenance. This is a result of the "negotiation process" between staff, the developer, the Planning and Zoning Commission, and Council. While the requirement to form a Homeowners' Association appears to be consistent, the fees to support the various arrangements differ. To gain a better understanding of the broader situation, a survey was conducted (attached). The results demonstrate a wide variety of maintenance costs and fees. This survey is not all- CSAC 3/12/02 Page 10 of 37 inclusive since not all Homeowners' Associations responded. The following summarizes the "average" in comparison to the Meadows at Wyndham Village: Question Average Meadows at Wyndham Village # of Homes 161 30 Annual Dues $116.73 $456.00 Total Budget $14,421 $13,680 100% payin % of Budget for maintenance 65% 62.8% $ Value of budget for $9,637 $8,600 maintenance % of Budget for 18% improvements $ Value of budget for $1,668 improvements % of Budget for social 5% activities $ of budget for social $867 activities Acres owned by City /Mnt by 3.5 HOA Acres owned by HOA/Mnt by 2.9 HOA Total acres maintained by 1.35 HOA Other Property Mngmnt: $3,500 (Note) Insurance: $525 (Note Note: Property management fees were not found to be paid by similar Homeowner Associations. Insurance costs are similar to those paid by Wellington Homeowners Association. MEADOWS AT WYNDHAM VILLAGE & WELLINGTON RECOMMENDATIONS Attached are the recommendations of the MCWV and Wellington. In summary they recommend: Dublin assumes responsibility for maintenance of two reserve areas currently maintained by Meadows at Wyndham Village HOA. Estimated cost to assume maintenance = $8,295 (contracted) 2. Dublin assume responsibility to enforce restrictions of record (maintenance, architectural standards etc.) 3. Reevaluate and change process for negotiation of such spaces. CSAC 3/12/02 Page I I of 37 4. Residents to be affected should be involved in negotiating process. 5. Reduce tension among neighbors. CSAC ASSUMPTION 1. City does not want to create a situation that would invite all homeowners' association to pursue relief from stated responsibilities. OPTIONS FOR MEADOWS AT WYNDHAM VILLAGE 1. Do nothing. Per Legal Staff, "the requirement for homeowner association maintenance of common areas dedicated to Dublin is a valid, legally enforceable requirement. However, there are several ways in which that requirement can be mitigated if it is the desire of the City to do so ". 2. Reduce perceived /actual inequity. One could argue that an inequity exists in the ratio of houses to reserves maintained by the Meadows at Wyndham Village compared to other similar associations in Dublin. By comparison, the Meadows at Wyndham Village homeowners are paying at a rate more than twice that of a comparable situation, i.e. Wellington. By comparison, 130 Wellington residents maintain 3.5 acres of City owned reserves at a cost of $145 per household, whereas, the 30 Meadows at Wyndham Village homeowners maintain 1.614 acres at a cost of $456 per household. The City, in whole or in part, could reduce the "inequity" of the cost to the Meadows at Wyndham Village homeowners by: a. Providing 100% maintenance of reserves and charge back the homeowner Association for a portion of the cost. For example, the City could assume 50% of the cost and collect the other 50% from the homeowners' Association. The residual cost to the household would then be based on a revised Meadows at Wyndham Village fee, which may be more comparable to similar situations: The desire to maintain a property management company and insurance is the Association's decision. It is possible that a lower fee would be more tolerable and homeowners will be more likely to pay. Therefore, the "tension" among neighbors and the need for legal services and property management service could be reduced or Meadows Responsibility City Responsibilit 50% of Maintenance $4,150 $4,150 Insurance $525 Property Management $3,500 Fee/home $272 Fee /home w /out Property Manag ement $155 The desire to maintain a property management company and insurance is the Association's decision. It is possible that a lower fee would be more tolerable and homeowners will be more likely to pay. Therefore, the "tension" among neighbors and the need for legal services and property management service could be reduced or CSAC 3/12/02 Page 12 of 37 eliminated. The $155 to $272 fee would be more comparable to other similar situations. b. City provides 100% of maintenance. If the City provided 100% of the maintenance of the reserve areas with no expectation to recover any costs from the homeowners' association, association fees would be very minimal. The only requirement then may be that the homeowners maintain their entry sign. Fees under this scenario would likely drop to $25 to $50 per household. If option 2.a or 2.b is selected, the Meadows at Wyndham Village and the City of Dublin should execute an Agreement to memorialize the arrangement. From a legal perspective, "2.a." would not require a change to the deeds or zoning documents as the Association would be providing maintenance via the City. It is likely that "2.b." will require some action in order to relieve the Association from this responsibility (see legal opinion attached). FUTURE OPTIONS The CSAC recommends Council continue to secure green spaces and setbacks. Dublin is unique and uniquely successful in obtaining green spaces for its current and future residents. The City should continue this practice to the best of its ability. However, the CSAC recommends avoiding similar situations in the future. CSAC recommends staff, Planning & Zoning Commission and Council consider the following when reviewing /negotiating similar situations in the future: 1. Consider deeding the reserves to the homeowners' association. According to Legal Staff, "In situations where the City does not wish to acquire common areas in subdivisions for park space, the City does not have to take ownership of these common areas. Instead, the zoning documents could provide for a mandatory homeowners association, which would own and maintain the common areas once it is established. Until that point, the developer would take full ownership and maintenance responsibilities ". The City of Dublin has practiced this on several occasions. 2. If the City desires to not deed reserves to Homeowners Associations it should closely monitor developments wherein there is a small ratio of homes to reserves to be maintained by the homeowners' association. As part of the review process, staff should estimate the potential cost/ fee per household for the association to maintain reserves. Once these are determined, the staff, Planning & Zoning Commission and Council should consider whether such costs /fees are sustainable. If not, then actions should be taken to mitigate or reduce costs, i.e. require the developer to install landscaping that minimizes maintenance; focus on setting aside wood lots which require minimal maintenance (already a practice); maximize water features; deny the development; package reserves with adjacent development to spread the burden; etc. 3. The City should continue to retain responsibility for all storm water systems /structures in all arrangements. This would ensure the proper functioning and maintenance of the storm water system. CSAC 3/12/02 Page 13 of 37 The CSAC appreciates the opportunity to assist City Council and looks forward to any additional needs regarding this matter or any other. Please address questions to any member of CSAC or CSAC's liaison Dana McDaniel. Thank you. CSAC /tb Attachments: Meadows at Wyndham & Wellington Recommendations Summary of Homeowner Association Survey Master Property List (modified), subdivisions only Legal Opinion, dated February 15, 2002 Legal Opinion, dated March 8, 2002 Td ,&DANANEMOS \CON+CIUCSAC Homwwn<rs Assoc Rccommcndaiion 0302.doc CSAC 3/12/02 Page 14 of 37 Meadows at Wyndham & Wellington Recommendations January 29,2002 Recommendation The Wellington Place Homeowners' Association requests that the City of Dublin assume responsibility for maintenance of city -owned reserve areas currently maintained by the Homeowners' Association (HOA). This would include Dublin insuring the property, including the reserve areas and entranceway, and indemnifying the HOA from any liability. The HOA will continue maintaining the immediate neighborhood entrance area (i.e., stone /cement walls, signage, lighting, and flower beds). Justification for this Recommendation 1. Affected neighborhoods have assumed responsibility for maintaining city -owned reserve areas without any involvement or impact on the negotiations between Dublin's Planning and Zoning Department and the subdivision developer. 2. Collection of exorbitant association dues by appointed trustees is straining relationships between neighbors. In an effort to ease this dubious collection task, some associations have hired a management flfm to collect the dues. This further exacerbates the problem, as the cost to hire the management company increases the already -high association dues. 3. HOAs currently focus on tasks that are overwhelming and financially burdensome. Neighborhood residents should focus on the beautification of their own personal property and work with the City to generate ideas on beautifying surrounding public green space. 4. As Dublin strives for consistency and continuity in its ongoing Community Plan, having each neighborhood maintain its well- exposed reserve areas will most likely result in deviation from the City's goals. S. As the reserve areas currently maintained by the homeowners' associations are city -owned and publicly accessible, the associations have no say as to whom has access to these areas. Hence, the associations' maintenance of this property implies a false sense of control and ownership. The responsibility for maintaining these areas should not be placed on the associations, since they do not own the property or have control over who uses it. ('SAC 3/12/02 Page 15 of37 Number of homes in association Homeowner Association Dues /Fees Homeowner Association Total Budget Percent of budget used for maintenance Dollar value of budget used for maintenance Percent of budget used for improvements Dollar value of budget used for improvements Percent of budget used for social activities Dollar value of budget used for social activities Ilemingway Civ Assoc Be llaire- Limer Coventry Woods Civic Asso Done gal Cliffs li a+vk's Nest Homeowners Asso 410 40 157 248 200 $7.00 $100.00 $75.00 $100.00 $15,700 $17,998 $20,000 80% 60% 50% $12,560 $10,855 $10,000 10% 16% Do you experience difficulty in collecting fees /dues No $1,570 $2,814 Yes 10% 6% 10% $1,570 $1,133 $2,000 Acres Owned by the City /Maintained by the Association Acres Owned & Maintained by the Association Total Acres Maintained by the Association. 0.00 0.00 0.00 Description of maintenance responsibilities Upkeep of entryway: planting, Mowing both entrances, lighting, Fall & Spring trimming, lights cleanup, street signs, flowers 0.47 0.47 0.00 Fence reapair along Dublin Road; light Maint. Of 3 entrances and numerous bulbs at entrances; lanscapint - mowing, lanscaped islands in courts pruning, weeding Do you contract maintenance No Yes Yes Yes If yes, what is contracted Landscape Maint. Lansacapint, mowing, pruning, weeding, Mowing, mulching, etc. etc. Is all maintenance performed voluntarily Yes No No No If not, please describe Sonic contracted out Landscaping contracted Too large a task Do you experience difficulty in collecting fees /dues No Yes Yes Yes If yes, please describe Send out yealy statements in Feb.; afeter several 9 households refuse to pay; send notices Approx 20% come in late after numerous requests place liens on those properties that have through mail; is there anything City can do requests; newlsetter notices, letters and not paid; usually 1 -2 per year. to help enforce? phone calls are made to collect. CSAC 3/12/02 Page 16 of 37 Do you experience difficulty in collecting fees /dues Yes If yes, please describe In 2000 collected 110 out of 310; in 2001 collected 150; Utilize newsletter (also translated into Japanese) and reminder signs. Yes Yes Yes Yes A small percentage has been a All but 3 paid; trustees contacted Send several letters; filed loins; 95% have paid; send repeated problem; send reminder letters, these 3 and they paid. certified letters notices; final action is lien. then follow up letter, then if necessary a lien on the property (have only had to do once). Wellington Place Ilomcowncrs Ileather Glen Civic Assoc. The Reserve Homeowners Assoc. Assoc. Trin ity Park 131 istol Common Association Number of homes in association 310 65 130 89 180 Homeowner Association Dues /Fees $35.00 $250.00 $145.00 $50.00 $12.50 Homeowner Association Total Budget $4,000 $20,000 $21,000 $2,250 Percent of budget used for maintenance 50% 63% 88% 50% Dollar value of budget used for maintenance $2,000 $12,500 $18,421 $1,125 Percent of budget used for improvements 50% 13% 0% 50% Dollar value of budget used for improvements $2,000 $2,500 $0 $1,125 Percent of budget used for social activities 0% 3% 0% Dollar value of budget used for social activities $0 $500 $0 Acres Owned by the City /Maintained by the Association 3.50 Acres Owned & Maintained by the Association 0.98 7.24 Total Acres Maintained by the Association. 0.98 7.24 3.50 0.00 0.00 Description of maintenance responsibilities Landscaping & maim Of 4 stone Mowing, fertilizing, herbiciding, 4 acres of common grounds at front Common areas; 2 entry ways; Fencing; lighting, signage monument areas and 3 islands mulching, pruning, weeding, entrance and 2 strips of land one on signage; mowing; weeding; flowers, tree removal /replacement each side of Coventry Wood Drive, trimming; fertilizing; mulching for Maint. Includes mowing, edging, entryway and 5 islands. mulching, fertilization, runing, weeding and insect control; spring and fall clean up; maintenance of irrigation system. insurance in case of liability attributed to neglected maintenance. Do you contract maintenance Yes Yes Yes Yes Yes If yes, what is contracted Mowing; Spring & Pall weeding, All duties All maint. Mowing, fertilizing As needed: fence repairs; sign mulching, etc, repairs; electrical repta is of lighting Is all maintenance pot fomrcd voluntarily No N/A No have Saturday cleanup days Bulb replacement is voluntary If not, please describe The City has requested some work Maint. Contracted because Dominion Homes, MI Homes, Rockford Homes did not finish monument areas as designed. Do you experience difficulty in collecting fees /dues Yes If yes, please describe In 2000 collected 110 out of 310; in 2001 collected 150; Utilize newsletter (also translated into Japanese) and reminder signs. Yes Yes Yes Yes A small percentage has been a All but 3 paid; trustees contacted Send several letters; filed loins; 95% have paid; send repeated problem; send reminder letters, these 3 and they paid. certified letters notices; final action is lien. then follow up letter, then if necessary a lien on the property (have only had to do once). CSAC 3/12/02 Page 17 of 37 Llewellyn Farms Civic Woods of Indian Mcadows at Wyndham Brighton Park Average Treetops at I3randi Unit River Forest Association A ssociation Run Villa.g response) (no res Eonse C ivic Assoc. Owners Assoc. Number of homes in association 114 180 96 30 73 161 88 Homeowner Association Dues /Fees $12.00 $40.00 $120.00 $456.00 $60.00 $107.88 $1,860.00 Homeowner Association Total Budget No set budget $5,000 $13,680 $14,421 $146,365 Percent of budget used for maintenance 70°% 40% 65% 27% Dollar value of budget used for maintenance $2,500 $9,637 $38,924 Percent of budget used for improvements 10% 30% 18% 29% Dollar value of budget used for improvements $1,500 $1,668 $43,122 Percent of budget used for social activities 20% 20% 5% 1 % Dollar value of budget used for social activities $1,000 $867 $1,500 Acres Owned by the City /Maintained by the Association 0.33 1.61 0.96 3.50 Acres Owned & Maintained by the Association 0.17 2.90 Total Acres Maintained by the Association. 0.00 0.00 0.50 1.61 0.96 1.35 Description of maintenance responsibilities Entrance upkeep; new Entrance ways; repari 18 acres, 7 signs, mowing, plantings; trimming trees; fall fences; mow; lights for aeration, fertilizing, cleanup; perineal upkeep; entrance ways; plants, etc.; pruning /trimming raking stone maintenance take care of park; clean butterfly garden; water plants Do you contract maintenance No Yes If yes, what is contracted All needs Most, except mulching and Yes Is all maintenance performed voluntarily edging If not, please describe Do you experience difficulty in collecting fees /dues Yes Yes No If yes, please describe Not written into deeds; very Not all willing to pay; difficult - old neighborhood; can't enforce - is strichy self stamped envelopes helped voluntary. last year. Other Comments IIOA secured HOA secured additional HOA secured additional easement from residents to additional easement from maintain. casement from Each condo is a residents to residents to combination of private & maintain. .55-.60 maintain. common property; private per square foot property is maintained by owner. CSAC 3/12/02 Page 18 of 37 CITY OF DUBLIN MASTER PROPERTY LISTING WITH ADDRESSES Note: Under the "Deed" column, an "X" denotes that the Department of Finance has a deed on -file for the property. The absence of an "X" denotes that the property has not yet been deeded to the City (at the date of this report) City Owned; RESERVES/ Maintenance TRANSFER IIA City Owned; City IIA Owned & DESCRIPTION SEC. PHASE PARKLAND OTHER ADDRESS ACREAGE PARCEL NO. Responsibility DEED DATE Formed? HA Maintained Maintained Maintained Donated City Parkland Creensnace Ordinance: Amberleigh I I A entry feature 8200 Amberleigh Way 0.566 273 -7114 HA X 12/27/1994 0.566 Amberleigh I I B entry feature 8201 Amberleigh Way 0.365 273 -7115 HA X 12/27/1994 0.365 Amberleigh I I C park (abuts Reserve D) 4825 Avondale Ridge Drive 0.270 273 -7116 City X 12/27/1994 0.270 Amberleigh 2 1 D park w /river access 8100 Carrigan Ridge Court 3.873 273 -7529 City X 9/20/1995 3.873 Amberleigh 2 I E entry feature 8060 Dublin- Belle poi Ro ad 1.391 273 -7530 IIA X 9/20/1995 1.391 SUBTOTAL 6.465 2.322 4.143 0.000 entry (along Dublin Amberleigh North I - A Road) 8170 Dublin Road 0.706 273 -9946 IIA X 3/16/1999 0.706 Amberleigh North 2 & 3 - - park w /river access Vista Ridge Drive 11.073 273 -9963 City X 12/31/1998 11.073 SUBTOTAL 11,779 0.706 11.073 0 Balgriffin I - A park 5720 Norn Street 11.494 274 -153 City X 10/15/1996 11.494 Balgriffin I B park 5715 Norn Street 1.104 274-154 City X 10/15/1996 1.104 �. 'y�,'a+'J"`''"�". s^r^- ,4.,�:: ✓.r*:=" i . �. •�•-lv My. rx. .s.+ > n'�'� .. i's..,;,. -v,� ✓ ;� s nr a a � r -z -°r'rn �• x h ..4:: x ;- y*a.+:. ssp-- rs , r r �'� a > a < ffin'z r, C "' ` al gn - 1 ,`.., r,., ,. - ,,:,,�avateFdetentlon bawn?. -, ,-.3=; 5707.Wilctix Road. , ,,,:; w�0;IJ84 ...., <ro a.` '. +..:.�, to ( "C" not SUBTOTAL 12.598 included) 0 12.598 0 Ballantrae I I A pan k 1.473 274 -425 IIA X 12/19/2001 1.473 Ballantrae I I B entry area 0.127 274 -426 IIA X 12/19/2001 0.127 Ballantrae I 1 C landscape island 0.424 274 -427 HA X 12/19/2001 0.424 Ballantrae 2 1 F informal lanscape 10.763 274 -552 HA X 12/19/2001 10.763 Ballantrae 2 1 G landscape island 0.121 274 -553 HA X 12/19/2001 0.121 CSAC 3/12/02 Page 19 of 37 Balla tit ae 2 3 H landscape island 0.325 274 -638 HA X 12/19/2001 0.325 Ballantrae 2 3 1 landscape island 0.819 274 -639 HA X 12/19/2001 0.819 Ballantrae 2 4 1 landscape island 0.176 274 -449 HA X 12/19/2001 0.176 Ballantrae 2 5 K circle 0.01 274 -654 HA X 12/19/2001 0.01 SUB TOTAL B open space 4751 Brand Road 14.238 273 - 3198 -2 City X 5/6/1987 14.238 0 0 SUB TOTAL Belvedere Belvedere Belvedere Belvedere Belvedere I - I - I - 2 - 2 - A B C D B entrance entrance park park (drainage) park 0.53 0.647 0.56 1.775 6.312 7.853 pending pending pending pending pending HA HA City City City pending pending pending pending pending 0 0.647 0.56 0 1.775 6.312 7.853 0.53 SUB TOTAL 17.147 L207 15.94 0 Brandon I I A open space 6.021 273 - 3197 -4 City X 5/6/1987 6.021 Brandon I I B open space 4751 Brand Road 4.920 273 - 3198 -2 City X 5/6/1987 4.920 Brandon 2 1 C open space 2.903 273 - 3790 -6 City X 5/6/1987 2.903 Brandon 3 - park park/wooded park 18.502 273 - 3996 -9 City X 8/25/1987 18.502 273-581/273 - Brandon 3 - park wooded park 13.000 616 City X 12/30/1993 13.000 273- 9716/273- deeded Brandon 4 - D entrance feature 4845 Brandonway Drive Bast 0.540 9717 HA to HA 0.540 off Dublin Rd. Brandon 4 - B stormwater dry basin 4912 AppleCross Drive 0.351 273 - 5137 -3 City X 9/8/1992 0.351 Brandon 4 - F open space 7834 Brandonway Drive 0.197 273 - 5138 -6 City X 9/8/1992 0.197 Brandon Village - _ A wooded park 1.439 273 - 4182 -5 City X 2/9/1988 1.439 SUB TOTAL 47.873 0.000 47.333 0.540 Brighton Park I - A park 5750 Richgrove Lane 2.247 273 -6515 City X 3/9/1995 1247 CSAC 3/12/02 Page 20 of 37 Brighton Park I - Brighton Park I - SUBTOTAL Brighton Woods - - Bristol Commons I - Bristol Commons I Bristol Commons 3 - Bristol Commons 3 - SUB TOTAL. Campden Lakes I - Campden Lakes I B stonnwatet management Wilcox Road ditch (wet) C stormwater management Baybrook Lane 0.582 0.410 Hedgerow (Old Wilcox HA IIA N/A ROW) 3.239 Bike path along N/A southside - Tennis Courts 5619 Brighton Lane entrance feature and IIA A park 5604 Bristol Parkway 273 -10403 (with historical barn) X 7/7/2000 entrance feature and 273 -10404 B storm- 5591 Bristol Parkway 4.240 water wet pond City C parcel between Woods 6.500 273 -6336 of Dublin subdivision X D parcel between Woods (Ownership of Dublin subdivision 0.582 0.410 273 -6516 273 -6517 HA IIA X X 3/9/1995 41711998 3.239 0.000 HA IIA 1.314 273 -10403 City X 7/7/2000 273 -10404 X 7/7/2000 4.240 273 -6335 City X 12/27/1994 6.500 273 -6336 City X 12/27/1994 (Ownership conveyed to N/A the nearest Owner lot owner of Woods of Dublin subd.) (Ownership conveyedto N/A the nearest Owner lot owner of Woods of Dublin subd.) 12.054 273 -9315 (prior 215- 8100 Campdcn Lakcs Blvd 7.754 1232) 8101 Campden Lakes Blvd 0.872 HA X 1/20/1997 per Randy Bowma IIA n 0.582 0.410 0.992 2.247 0.000 1.314 4.240 6.500 0.000 12.054 0.000 7.754 0.872 Campden Lakes I Campden Lakes I Campden Lakes I Campden Lakes I Campden Lakes I 8109 Campden Lakes Blvd 8110 Campden Lakes Blvd 8125 Campden Lakes Blvd 8225 Winchcombe Drive 8250 Campden I-akes Blvd 0.728 I I A 0.883 - IIA 9.901 - HA 273 -9320 (prior 215- 2.263 1237) HA 0.297 - HA on 4 -24- 97, these deeded to IIonic- owner's Assoc. X 1/20/1997 deeded to HA 2.263 CSAC 3/12/02 Page 21 of 37 0.728 0.883 9.901 0.297 SUBTOTAL 22.698 �- 10.017 0 12.681 these) Coventry Woods - - A wooded park 7199 Coventry Woods Drive 3.484 273 -4718 City X 12/27/1994 3.484 Coventry Woods - - B park 7199 Coventry Woods Drive 0.333 273 -4719 City X 12/27/1994 0.333 Coventry Woods 2 - C wooded park 7199 Coventry Woods Drive 1.706 273 -5559 City X 12/27/1994 1.706 Coventry Woods 2 - D wooded park (gully) 7175 Dublin Road 0.184 273 -5560 City X 12/27/1994 0.184 Coventry Woods 2 - E open space 7215 Dublin Road 0.899 273 -5561 City X 12/27/1994 0.899 Coventry Woods 3 - P wooded park 7199 Coventry Woods Drive 3.360 273 -6684 City X 12/27/1994 3.360 Brand Rd. booster deeded Donegal Cliffs 6 - E street island 0.233 Coventry Woods - - - station 6 _ - 1700 273 -5072 City X 6/22/1989 2.700 Entry features Not dedicated HA N/A SUBTOTAL 12.666 0.000 12.666 0.000 deeded Donegal Cliffs 1 - A entrance feature 0.060 HA to HA 0.060 deeded Donegal Cliffs I - B entrance feature 0.060 HA to HA 0.060 deeded Donegal Cliffs 6 - C entrance feature 0.060 HA to HA 0.060 deeded Donegal Cliffs 6 - D entrance feature 0.060 HA to I4A 0.060 deeded Donegal Cliffs 6 - E street island 0.233 HA to HA 0.233 Donegal Cliffs 6 _ - I pm with tennis courts 4460 Done Cliffs Drive 10.095 273- 4244 -3 City X 12/13/1989 10.095 SUBTOTAL Dublinshirc Dublinshirc, Dublinshire Dublinshire Dublinshire Dublinshire Dublinshire Dublinshire Dublinshire Dublinshirc Dublinshire Dublinshire Dublinshire Dublinshirc Dublinshire SUB TOTAL. 2 2 3 4 1 4 1 4 2 5 3 5 3 5 3 5 4 6 6 Farlington Village I - A open space City B stormwatcr dry basin/ 1.001 273 -4939 open space X C open space /park 273 - 4940 -6 park open space /park 4/11/1989 A stomwater dry basin/ City X open space 1113 A open space 6081 Round Tower Lane B entrance feature/ 273 -6412 City bikeway underpass 2/13/1996 C open space 7749 Muirfield Drive D open space 6092 Brigids Close Drive 8 entrance feature/ storm- 6024 Brigids Close Drive water dry basin /open 273 -7302 City Space 11/10/1994 park open space City F open space 1.835 H bikeway underpass/ 7702 Muirfield Drive 8/22/1994 open space G open space 7602 Muirfield Drive 2.062 273 -6593 5660 Dublinshire Drive park park/school /municipal (DMP) 273 -6794 Deal site X A park 5660 Dublinshire Drive (no entry feature) 10.568 4.335 273 - 4429 -0 City X 4/11/1989 1.001 273 -4939 City X 4/11/1989 7.710 273 - 4940 -6 City X 4/11/1989 4.740 273 -386 -6 City X 4/11/1989 1113 273 -6274 City X 5/20/1994 5.731 273 -6412 City X 2/13/1996 0.211 273 -6413 LIA X 2/13/1996 City 1.344 273 -7302 City X 11/10/1994 0.446 273 -7061 City X 9/1/1994 1.835 273 -7062 HA -ent X 8/22/1994 City 2.062 273 -6593 City X 7/14/1993 3.794 273 -6794 City X 6/23/1995 0.284 273 -7139 City X 10/31/1994 0.391 273 -7138 City X 10/31/1994 26.789 273- 4183 -3 City X 10/27/1987 62.786 2.744 273 - 3020 -8 City X 1/28/1987 CSAC 3/12/02 Page 22 of 37 0.000 10.095 0.473 4.335 1.001 7.710 4.740 2.113 5.731 0,211 1.344 0.446 1.835 0.000 2.062 3.794 0.284 0.391 26.789 2.046 60.740 0.000 2.744 L550 Gordon Farms - - - park - Franklin County 3.250 273 -9357 City X 9/25/1997 3.250 Gordon Farms - - - park - Franklin County 0.339 273 -9359 City X 9/25/1997 0.339 39- Gordon Farms - - - park -Union County 1 1.550 0002004.200 C City X 9/25/1997 L CSAC 3/12/02 Page 23 of 37 Gordon Farms - - - park - Franklin County 1.227 273-9358 City X 9/25/1997 1.227 Gordon Farms - - - park - Franklin County 0.116 273 -9360 City X 9/25/1997 0.116 Gordon Farms - - - park- Franklin County 0.594 273 -9361 City X 9/25/1997 0.594 X 10/30/1996 0.406 39- D 7459 Muirfield Drive 7459 Muirfield Drive 1.949 273 -8026 Gordon ]'arms - - - park -Union County 0.325 0002004.100 City X 9/25/1997 0.325 273 -10284 Enny fea ture Not dedicated X 4/27/2000 HA Hawk's Nest 2 3 F Brand /Avery Road Brand /Avery Road SUB TO'T'AL 273 -10285 7.401 X 4/27/2000 0.492 0 7.401 0 Hawk's Nest 1 I A 5975 Brand Road 5975 Brand Road 6.167 273 -8023 City X 10/30/1996 6.167 Hawk's Nest I I B 7700 Kestrel Way West 7700 Kestrel Way Way 3.557 273 -8024 City X 10/30/1996 3.557 Hawk's Nest I I C 6155 Hawks Nest Drive 6155 Hawks Nest Drive 0.406 273 -8025 City X 10/30/1996 0.406 Hawk's Nest I I D 7459 Muirfield Drive 7459 Muirfield Drive 1.949 273 -8026 City X 10/30/1996 1.949 1- lawk's Nest 2 3 E Brand /Avery Road Brand /Avery Road 6.245 273 -10284 City X 4/27/2000 6145 Hawk's Nest 2 3 F Brand /Avery Road Brand /Avery Road 0.492 273 -10285 City X 4/27/2000 0.492 Entrance features 1.590 5940 Innovation Court HA 273 -9431 City 1.590 SUBTOTAL 20.406 1.590 18.816 0.000 Heather Glen Heather Glen Heather Glen Heather Glen North Heather Glen North Heather Glen North Heather Glen South Heather Glen South SUBTOTAL Hemingway Village W. 4.522 7.137 6.801 4.800 0.602 0.375 0.900 0.000 24.279 0.977 1.957 park/open I - park space /wooded park 6000 Heather Glen Blvd 4.522 273 -7007 City X 11/30/1994 park /open 2 - park space /wooded park 6000 Heather Glen Blvd 7.137 273 -7006 City X 11/30/1994 park/open 3 1 & 2 park space /wooded park 6000 Heather Glen Blvd 6.801 273 -4508 City X 11/30/1994 park plus PARK FEE - - A (wet pond) 5940 Innovation Court 4.800 273 -9431 City X 11/4/1997 deeded - - B park/buffer 0.602 - HA to II.A. deeded - - C park/buffer 0.375 - HA to H.A. - - A park /entrance 5750 Norn Street 0.900 273 -9779 City X 8/21/1998 - - B park/entrance 5745 Norn Street 0.119 273 -9780 City X 8/21/1998 25.256 2 - A open space 1.957 273 -2702 City (1.557) X 6/25/1993 see Ord. 42- 94 4.522 7.137 6.801 4.800 0.602 0.375 0.900 0.000 24.279 0.977 1.957 CSAC 3/12/02 Page 24 of 37 SUB TOTAL 5.660 0.000 5.660 0.000 Llewellyn Fat ins W. - - A park 4850 Tuttle Crossing Blvd 8.800 273 - 2898 -8 City X 5/2/1989 8.800 Entry Feature Not Dedicated IIA SUB TOTAL 8.800 City 0.000 8.800 0.000 __ _ &ury Features Not ded icated IIA SUB TOTAL 1.957 0.000 1.957 0.000 Indian Run Meadows I I A wooded park /open space 3.362 273- 2226(2) City X 10/21/1985 3.362 Indian Run Meadows 1 2 park wooded park/open space 0.152 273 -412 -0 City X 10/9/1987 0.152 Indian Run Meadows 1 2 A wooded park/open space 2.163 273 -2614 City X 10/21/1985 2.163 Indian Run Meadows 3 - A open space /park 2.684 273- 3069 -5 City X 1/28/1987 2.684 Indian Run Meadows 4 - A park 6675 Fallen Timbers 6.645 273- 3442 -4 City X 6/24/1988 6.645 Indian Run Meadows 5 - B park 6675 Fallen Timbers 5.000 273 - 3598 -3 City X 10/9/1987 5.000 Indina Run Meadows 5 - - stormwater dry basin 1.650 273 - 3601 -5 City X 10/9/1987 1.650 Entry Features Not dedicated IIA SUB TOTAL 21.656 0.000 21.656 0.000 Kendall Ridge I - A entrance feature & pond 6225 Kendall Ridge 4.113 274 -226 City X 6/10/1999 4.113 (B & C plus $51,750 in Kendall Ridge 2 - B fees) 4.261 274 -287 City X 3/2/2000 4.261 Kendall Ridge 2 - C (Maintained by 11A) 0.312 274 -288 IIA X 3/2/2000 0.312 Entrance Sign HA SUB TOTAL 8.686 0.312 8.374 0.000 Killilea I - - 25% of 5.45 acres 1.360 273 -9434 City X 9/4/1997 1.360 Killilea 2 - - park 4.300 273 -10206 City X 2/3/2000 4.300 5.45 acres (not city) & cul -de -sac island IIA Entry Feature 14 A SUB TOTAL 5.660 0.000 5.660 0.000 Llewellyn Fat ins W. - - A park 4850 Tuttle Crossing Blvd 8.800 273 - 2898 -8 City X 5/2/1989 8.800 Entry Feature Not Dedicated IIA SUB TOTAL 8.800 City 0.000 8.800 0.000 CSAC 3/12/02 Page 25 of 37 Lowell "Dace I - A open space 1.047 273 -4483 City X 5/2/1989 1.047 Lowell Trace I - B street island 0.075 273 -4484 City X 5/2/1989 0.075 deeded open space /park -lied The Reserve 1 - B entrance feature/ 1.125 - HA to HA Lowell Trace I - C Trabue 3.306 273 -4485 City X 5/2/1989 3.306 Lowell Trace 2 - A open space -Red Trabue 0.850 273 - 5324 -2 City X 12/29/1989 0.850 2.206 - HA wooded park -Red 2.206 Lowell Trace 2 - C Trabue 4.185 273 -421 -1 City X 4/21/1989 4.185 Lowell Trace 3 - A open space 0.640 273 -5319 City X 12/29/1989 0.640 street island 0.306 - park/wooded park -Red to HA 0.306 Lowell Trace - - - Trabue 21.024 273 -369 -2 City X 1/4/1988 21.024 park/wooded park -Red Lowell Trace - - - Trabue 6.153 273 -5027 City X 4/21/1989 6.153 park/wooded park -Red Lowell Trace - - - Trabue 2.677 273 - 3963 -9 City X 7/1/1987 2.677 park/wooded park -Red Lowell Trace - - - Trabue 1.311 273 - 3964 -7 City X 7/1/1987 1.311 park/wooded park -Red Lowell Trace - - - Trabue 1.275 273- 3960 -5 City X 7/1/1987 1.275 park/wooded park -Red Lowell Trace - - - Trabue 4.689 273 - 3961 -3 City X 7/1/1987 4.689 park/wooded park -Red Lowell Trace - - - Trabue 4.295 273 - 3962 -1 City X 7/1/1987 4.295 Lowell Trace - - - park/wooded park 8.853 273- 4076 -9 City X 1/22/1991 8.853 Entrance Features HA SUBTOTAL 60.380 0.000 60.380 0.000 Martin Commons - - - greenspace 2.340 273 -9721 City X 4/7/1998 2340 SUB TOTAL 2.340 2.340 deeded The Reserve 1 - A entrance feature 0.558 - HA to IIA 0.558 deeded The Reserve 1 - B entrance feature/ 1.125 - HA to HA L 125 open space deeded The Reserve 2 - C wooded park 2.206 - HA to HA 2.206 deeded The Reserve 2 - D wooded park 3.049 - I to to HA 1049 deeded The Reserve 2 - E street island 0.306 - HA to HA 0.306 SUB TOTAL. Sandy Corners - - SUB TOTAL Sycamore Ridge SUB TOTAL Shannon Glen 1 &2 Shannon Glen 1 &2 Shannon Glen 3 Shannon Glen 4 Shannon Glen 4 Shannon Glen 4 !.Y�J711L�yYsT Sheffield Place I - SUBTOTAL Trinity Park I - Trinity Park I - park (plus fee in lieu 5788 Sandy Rings Lane of parkland) - park (plus fee in lieu 7.244 3.755 273 -9742 City X 6/9/1998 HA 3.755 273 -9322 (prior 215- 3.5 1239) City X 8/6/1996 HE B maint. By H.A. 6555 Camden Row Road 1.318 273 -7821 IIA X 11/29/1996 C maint. By H.A. 8001 Townsend Road 1.383 273 -7822 HA X 11/29/1996 M 8191 Shannon Glen Blvd # 14.128 273 -10028 X 11/03/99 (dropped to - open space (possible 1.73 R /W) 0.417 273 -10314 X 4/18/2000 H s f 0.104 273 -10315 X 4/18/2000 0 273 -10316 X 4/18/2000 18.094 A stonnwater wet 7402 Coventry Woods Drive po / entry feature 2.126 273 -6888 HA X 9/20/1995 2.126 - park 5719 Sandymount Drive 4.754 273 -6991 City X 9/20/1995 273 -8120 (dropped to - open space (possible 1.73 R /W) City X 12/20/1996 CSAC 3/12/02 Page 26 of 37 0.000 0.000 7.244 3.755 3.755 3.5 3.5 1.318 1.383 3.439 0 0 2.126 2.126 4.754 1.73 CSAC 3/12/02 Page 27 of 37 future ROW) SUBTOTAL Waterford Village - 3 Waterford Village - 3 Waterford Village - 6 Waterford Village - 6 SUBTOTAL lot I park lot 3 park A firemen's access B stomrwater dry basin/ X open space 0.144 Entry Feature? 6.484 3.922 273 -986 -3 City X 7/6/1982 1.700 273 -988 -9 City X 6/1/1978 0.144 273 - 1678(5) City platted 6/9/1982 0.485 273 -1679 City X 6/9/1982 6.251 0 6.484 0 3.922 1.700 0.144 0.485 273 -9246 (prior 215 0.000 6.251 0.000 Wcdgewood Hills I - A Park 4630 Club Road 5.789 1162) City X 7/23/1996 5.789 273 -9247 (prior 215 - Wedgewood Hills 1 - B Park 4550 Satterton Circle 0.605 1163) City X 7/23/1996 0.605 273 -9248 (prior 215 - Wedgewood Hills I - C Park Satterton Circle 3.389 1164) City X 7/23/1996 3.389 No entry features SUB TOTAL 9.783 0.000 9.783 0.000 Wellington Place I - A open space abuts 7467 Coventry Woods Drive 5.755 273 -6954 City X 9/20/1995 5.755 Brandon Park Wellingoon Place I - B entry feature/ 7391 Coventry Woods Drive 2.207 273 -6955 }IA X 9/20/1995 2.207 stormwater wet pond City 0.000 SUB TOTAL 7.962 2.207 5.755 0.000 Westbury I - A wet basin 7770 Wareham Drive 1026 273 -9955 X 1/28/00 (total acreage to be Westbury 2 - B 7799 Wareham Drive 0.037 273 -10078 X 2/16 /2000 CSAC 3/12/02 Page 28 of 37 Westbury 3 1 C Westbury 3 1 D Westbury 3 2 E Westbury 4 1 P Westbrry 4 1 G Westbury 4 1 H Westbury 4 2 1 Westbury 5 - J Westbury 5 - K SUB TOTAL 18.750 X X X X X X N/A X X X 0.000 3.142 0.000 Wexford Estates I - A entrance feature 6242 Manteo Drive 0.617 273 -6580 HA X 11/30/1992 0.617 Wexford Estates I - B entrance feature 6241 Manteo Drive 0.445 273 -6581 14A X 11/30/1992 0.445 Land Wexford Estates I - C open space 7243 Tullymore Drive 0.076 C ity 'swap" 0.076 SUBTOTAL 1.138 1.062 0.076 0.000 Wexford Woods - - A entrance feature 6238 Wexford Woods Drive 0.220 273 - 5291 -3 I4A X 2/4/1992 0.220 Wexford Woods - - B entrance feature 6239 Wexford Woods Drive 0.207 273 - 5292 -1 HA X 2/4/1992 0.207 Wexford Woods - - C wooded park Wexford Woods Drive 0.226 273 - 5293 -9 City Park X 2/4/1992 0.226 Wexford Woods - - D wooded park Wexford Woods Drive 1,459 273 - 5294 -7 City Park X 2/4/1992 1.459 Woods of Dublin 2 - D wooded park Rushwood Drive 2.572 273 -3638 City X 7/18/1990 2.572 Woods of Dublin 3 - E wooded nark SUB TOTAL City X 7/18/1990 1,104 2.112 0.427 1.685 0.000 Brand Road Brand Road 2.587 0.555 3.031 0.627 3.599 0.305 1.501 0.907 0.701 3.179 273 -10145 40- 0029004.045 273 -10146 40- 0029004.043 40- 0029004.50 273 - 010376 deeded to Edwards 273 - 010302 273 - 010504 273 - 010505 2/16/2000 4/5/2001 1/28/00 4/5/2001 4/19/2001 4/26/2001 4/26/2001 4/26/2001 4/26/2001 2.587 0.555 Access to Edwards Parcel deeded Woods of Dublin I - A entrance feature 0.470 - HA to HA 0.470 deeded Woods of Dublin I - B entrance feature 0.869 - HA to HA 0.869 deeded Woods of Dublin 2 - C wooded park 4.269 - HA to HA 4.269 Woods of Dublin 2 - D wooded park Rushwood Drive 2.572 273 -3638 City X 7/18/1990 2.572 Woods of Dublin 3 - E wooded nark Rushwood Drive 1.104 273 -3994 City X 7/18/1990 1,104 Brand Road Brand Road 2.587 0.555 3.031 0.627 3.599 0.305 1.501 0.907 0.701 3.179 273 -10145 40- 0029004.045 273 -10146 40- 0029004.043 40- 0029004.50 273 - 010376 deeded to Edwards 273 - 010302 273 - 010504 273 - 010505 2/16/2000 4/5/2001 1/28/00 4/5/2001 4/19/2001 4/26/2001 4/26/2001 4/26/2001 4/26/2001 2.587 0.555 Access to Edwards Parcel CSAC 3/12/02 Page 29 of 37 SUBTOTAL 9,284 0.000 1676 5.608 Woods of Indian Run I - park wooded park 5218 Forest Run Drive 6.330 273 -6083 City X 6/14/1995 6.330 Entry Feature HA SUBTOTAL 6.330 6.330 Wyandotte Woods 1 A Maintained by Ii.A. 4430 Wyandotte Woods Drive 2.433 273 -10447 HA X 12/8/2000 2.433 Wyandotte Woods 1 B Maintained by H.A. 4435 Wyandotte Woods Drive 5.409 273 -10448 HA X 12/8/2000 5.409 Wyandotte Woods 2 1 C Maintained by H.A. 14.525 IIA pending 14.525 22.367 22.367 0.000 0.000 Wyndham Village 1 - A entrance feature /park/ 7499 Avery Road 6.213 273 -5898 City X 12/30/1994 6.213 stormwater wet pond Wyndham Village I - B entrance feature /park 7475 Avery Road 2.602 273 -5899 City X 12130/1994 2.602 stormwater wet pond Wyndham Village 1 - C wooded park 7475 Tullymore Drive 4.205 273 -5900 City X 12/30/1994 4.205 Wyndham Village i Lot 85 demolished house 0.450 273 -5897 City X 12/30/1994 0.450 W ndham Village 4 s.:"I' �,-w 7580 Tull more Drive 5.666 273 -8060 City X 11/29/1996 5.666 x: t Wyndham Village 5 w C 'Tiaznib C} ,w�33 7882 Wiltshire Drive 2.172 273 -9468 City X 11/21/1997 2,172 Wyndham Village 6 2 .3.-`7042 Violet Veil Court 1.882 273 -9747 �," ' a "" Ag a tt a„�'r X 7/14/1998 Wyndham Village 6 2 „B`, :�q °` (;...7010 Violet Veil Court 3.762 273 -9748 X 7/14/1998 Wyndham Village 6 2 zsx ` t� a a * 5 39 -00 W Y r C yt?, � � 7009 Violet Veil Court 1.297 2003.029 X 8/7/1998 - Entry Features HA SUB TOTAL 29.863 1.614 21308 0.000 TOTALS 552.226 66.672 420.297 28.053 CSAC 3/12/02 Page 31 of 37 MEMORANDUM TO: Dana McDaniel Assistant City Manager/Director of Service FROM: Stephen J. Smith, Law Director Mitchell H. Banchefsky, Assistant Law Director Jennifer Dutey Readler DATE: February 15, 2002 RE: Maintenance of Common Areas by Homeowners Associations Introduction The City of Dublin ( "Dublin ") currently requires developers to dedicate certain common areas as open and green space in subdivisions. Dublin takes title to this property, but mandates that maintenance be performed by the developer and, subsequently, by the homeowners association. This is provided for in the zoning documents and plats. Mandatory participation in the homeowners association and association fees are required in the deeds. The Meadows at Wyndham Village Homeowners Association ( "Wyndham Village ") is asking Dublin to assume the maintenance and insurance for two reserve areas (Reserves A and B) in the subdivision that were dedicated to the City. The primary reason behind this request is the amount of the Association assessment, which the Wyndham Village residents argue is more significant than other Association assessments within the City. Several issues have been raised regarding the Reserve maintenance requirements. Issues Is the Zoning /Plat Requirement for Homeowners Associations to Maintain Common Areas in the Subdivision that were Dedicated to the Citv of Dublin an Unreasonable Assessment or Tax? Can the Citv of Dublin Enforce the Current Requirement That Homeowners Associations Maintain Dedicated Property? What Methods Can Be Used to Remove the Plat and Deed Restrictions if That Course of Action is Desired? What Do Other Cities Require with Regard to Maintenance of Common Areas? Legal Analysis Is the Zoning /Plat Requirement for Homeowners Associations to Maintain Common Areas in the Subdivision that were Dedicated to the City of Dublin an Unreasonable Assessment or Tax? Very little case law exists discussing homeowners associations and there is no State of Ohio law requiring homeowners associations to be formed. However, when the deed or plat requires the formation of or participation in a homeowners association, the association must be formed, and a court has the power to enforce any such provision if a person who has standing brings the action. CSAC 3/12/02 Page 32 of 37 Typically, homeowners associations are formed in planned unit developments (PUDs). The development, design and engineering of a PUD are subject to extensive local regulation. For the developer, the emphasis is on obtaining local plan and plat approvals and on the preparation of essentially nonstatutory real estate documentation. In PUDs the Declaration of Covenants and Restrictions provides the method for establishing architectural and use restrictions to govern the development. Wyndham Village contends that, because Dublin mandated dedication of the Reserves and homeowner association maintenance of the Reserves in the zoning process, the assessments necessary for the maintenance of the Reserves are "taxes." Special assessments may be levied on real property, and in a general sense, an assessment is a tax. However, the distinction generally recognized is that an assessment is based upon special benefits peculiar to the property or person charged therewith, while taxes are levied without reference to special benefit and without discrimination upon all persons and property alike for general public purposes.' The prohibition under Section 19, Article I of the Ohio Constitution against the taking of private property for public use without just compensation has no application to assessments not in excess of the special benefits accruing to the party from the improvement, but an assessment in excess of the value of the property after the improvement contravenes the provisions as well as that of the Fourteenth Amendment to the United States Constitution.' Although the Ohio Revised Code does not define the general term "taxation" the courts have generally adopted the theory that taxation is an enforced contribution from, or general burden imposed upon, persons and property for the purpose of supporting the government and meeting public expenses.' The Reserves at issue are already exempted from property taxes, so the homeowners associations are already benefited to a certain extent. The dues the property owners pay to the homeowners associations would not fit within the general definition of "taxation" because Dublin is not supported by the dues. The dues go solely to the maintenance of areas that directly benefit the member homeowners and to social events for the members. A special benefit has been construed to be a benefit above and beyond that enjoyed in common with the public at large and consistent in the potential or actual added use or enjoyment of the property. It is not limited to an increase in market value.' While in a general sense special assessments are taxes imposed under the taxing power rather than the power of eminent domain, they are not taxes within the meaning of Section 2, Article XII of the Ohio Constitution, requiring uniformity, although they are subject to the same principle of uniformity of appointment.' While no Ohio case could be located that addresses this issue, other states, to a certain extent, have addressed related issues. For example, in the case of Briarcliffe Lakeside Townhouse Owners Association v. Wheaton, 170 I11. App.3d 244 (1988), a homeowners association sued the city to repair erosion damages on the shores of two lakes that were part of an easement granted to the city by the developers of the property around the lakes. The Illinois appellate court ruled in favor of the city. The court noted that a declaration of covenants for the subdivision forced the homeowners association to maintain the common areas, including the lakes. Representatives for both the city and the developer testified that the intent of Ohio Municipal Law, Gothennan and Babbitt. Norwood v. Baker, 172 U.S. 269 (1898). 3 In re Kastelic's Estate, 3 Ohio Op. 164 (C.P. 1935) ' Dmnar Realty Co. v. Cleveland, 143 Ohio St. 469 (1944). 5 Youngstown V. Fishel, 89 Ohio St. 247 (1914). CSAC 3/12/02 Page 33 of 37 the documents was to absolve the city from any responsibility for maintaining the lakes, even though they were deeded to the city as easements. According to certain city employees, the lakes were amenities for which the lot owners were to be responsible and it was not contemplated that the lakes would be the obligation of the city. The court was satisfied that the parties had clearly delineated that the lakes would be the responsibility of the homeowners association. As a result, summary judgment was granted to the city. Similarly, in the Wyndham Village situation, the Reserves are amenities directly benefiting the Wyndham Village residents and not Dublin residents in general. Clearly, the City should not have an obligation to spend public money on the maintenance of areas that confer private benefits. Further, a court in Mississippi found that homeowners association fees are not a municipal assessment. Specifically, in the case of Edwards v. Bridgetown Community Association, 486 So.2d 1235, the homeowners association members raised the issue as to whether the dues of the property association constitute "assessments." According to the court, because the association was not a municipality of the state, the dues to the homeowners association were not an assessment. In the Wyndham Village situation, even though the zoning documents speak to the formation of a homeowners association, it is the individual deeds that create the relationship between the Association and the residents. The $456 assessment figure is created by Wyndham Village, not the City of Dublin. There appear to be some ways to reduce this figure, such as releasing the management company and soliciting bids for the maintenance of the Reserves to ensure that the best price is obtained. Wyndham Village could also explore the possibility of joining with another homeowners association in the City to obtain economies of scale. Wyndham Village further contends that all Association fees must be uniform throughout the City. Since Dublin itself is not imposing the fees directly, there is no such requirement. The amount of a homeowners association assessment can depend on many things including the size of the subdivision, the amount of common areas that must be maintained and the services provided by the Association. Consequently, it is virtually impossible to mandate uniform assessments throughout the City. would These other associations could argue thee "due pros maintenance responsibilities, as with Wyndham Villa acts to prohibit a municipality from taking actions th public health, safety, morals, or general welfare. Ifr the common areas, it would have to delineate a ration Can the Citv of Dublin Enforce the Current Requirement That Homeowners Associations Maintain Dedicated property? The City would be able to enforce a deed restriction in which the City is expressly made a party. The City would also be able to enforce a restriction if the restriction was created as a condition of some action by the City, such as a rezoning. Finally, the City has the power to seek judicial remedies for any action or inaction that results in a violation of any of the City's Ordinances. This would be determined on a case by case basis by examining a specific set of deed restrictions. CSAC 3/12/02 Page 34 of 37 Methods for Removing Homeowner Association Maintenance Requirements in Plats and Deeds The homeowner association maintenance requirement is found in various documents. The question has been asked, if City Council decides to modify the manner in which common areas are maintained, how would the current restrictions noted on the plat and in the deed be removed. Plat Restriction Removal As to the plat requirements that the associations maintain the common areas, the Ohio Revised Code, §711.17 to §711.27, details the procedure to alter or vacate a plat map. According to O.R.C. §711.17, "[u]pon the application of two thirds of the proprietors of land described in a plat of a municipal corporation, the court of common pleas may alter or vacate the plat of any such municipal corporation, addition thereto, or parts thereof, within the county." According to O.R.C. 711.18, "[i]n order to vacate the plat map, the applicants must file a petition in writing, and must give thirty days notice by publication in a newspaper published in and of general circulation in the county." According to O.R.C. 711.20, the proceedings for vacating or altering a plat shall be recorded by the clerk of the court of common pleas. A copy of such record shall be made and certified, under the seal of the court, by the clerk, and shall be deposited by the parties applying for such vacation or alteration, within thirty days after such certification with the county recorder, who shall record it. Deed Restriction Removal There are several methods, under Ohio law, where landowners who are subject to restrictive covenants (and/or deed restrictions) can terminate, modify, or not enforce the covenants through expressed terms or through the conduct of the landowners involved. Some of the more common methods to terminate, modify, or not enforce a covenant include: by the terms of the covenant, by a release or agreement to modify or terminate; waiver or abandonment; estoppel (violation by other landowners), laches and delay.' It is important to note that the covenant often defines the terms and/or timeframe for how and when the landowners may terminate the restrictive covenant! For example, the covenant may state that if the restriction can be modified by a majority vote or that the restrictive covenant will automatically terminate after twenty (20) years. Any covenant or agreement in deeds, land contracts, and any other instruments or conveyance by which real estate or any interest therein is conveyed by the developer or by a new community authority to any person or entity whereby such person or entity agrees to pay a community development charge is deemed to be a covenant that "runs with the land." After an instrument containing such covenant is duly recorded, it is binding on behalf of and enforceable by the authority against each such person or entity and all successors and assigns of the property conveyed by the instrument. The authority is specifically given the power to enforce such covenants by any and all appropriate means, but it may waive, reduce, or terminate any charge to the extent not needed, the procedure for which may be provided in the covenant. ' This is a non - exclusive list. There are several other less common methods where the nature of the covenant changes. For example, the covenant may no longer be enforceable if the property is rezoned, taken by eminent domain, or merges with another property that is subject to the same restrictive covenant, etc. s 10 Ohio Jur.3d §399. CSAC 3/12/02 Page 35 of 37 In a release or agreement to modify or terminate the covenant, the release or agreement will be effective if joined by all interested parties. However, the covenant will not be discharged by an agreement that is made by less than all of the interested parties.' Stated another way, one landowner in a restricted subdivision cannot modify the restriction without the concurrence of all others. This may be a difficult method of terminating the covenant if multiple landowners are involved. And before a restrictive covenant can be said to be waived by agreement there must be an intention to waive the covenant, and the waiver must be founded upon a consideration as is required for any contract." In waiver or abandonment, property owners otherwise entitled to enforce a covenant or agreement, may waive their right to enforce restrictions through their conduct. For example, where a substantial number of residents install basketball hoops in violation of a restrictive covenant to that effect, the character of the community has been substantial altered as to render the restriction valueless to remaining landowners. Therefore, the remaining landowners implicitly have waived the restriction and lose any rights to enforce the restrictive covenant. In estoppel (violation by others), lathes or delay, the conduct of the parties involved can amount to the termination of the covenant. In estoppel (violation by others), a court can consider the circumstances and determine whether the numerous violations of the covenant by other landowners serves as a defense to a landowner attempting to enforce a restrictive covenant against another landowner. 13 Similarly, if a landowner violates the covenant herself, she will not have standing in equity to compel neighboring lot owners to comply with the covenant. 14 In lathes or delay, the right to enjoin a violation of a restrictive covenant may be lost by reason of a landowner's delay in addressing the violation. As exhibited above, once a restrictive covenant is entered into by landowners, it can often times be difficult to remove such a restriction. Rezoning It should also be noted that if the homeowners association maintenance requirement is found in certain zoning documents, such as in the rezoning text or as a condition of rezoning, a new rezoning may be needed to fully eliminate the maintenance requirement, if that is the City's desired course of conduct. Survey of Other Municipalities Westerville Gahanna Worthine_ton Revnoldsbu Columbus r ' Sheibley v. Yonker (Wood County 1989), 1989 Ohio App. LEXIS 3269, *7. ° 20 Am. Jur.2d §236. Linwood Park Co. v Van Dusen (1900), 63 Ohio St. 183. 12 Landen Farm Community Services Assn v. Schube (Warren County 1992), 78 Ohio App.3d 231. ' Romig v. Modest (Montgomery County 1956), 102 Ohio App. 225. 14 Northwest Boulevard C. v. Clark (Franklin County 1927), 6 O.L. Abs. 20. CSAC 3/12/02 Page 36 of 37 Is the formation Typically no (when No No No No of a homeowners streets are public and association run throughout required? subdivision); but a homeowners association may be required where the subdivision wants to retain private or common areas. Who takes No, but Westerville Negotiated in Not No, only If in right of ownership of gets proper assurances the process, but required, right of way way the land is these common through homeowners usually deeded only right of items. deeded over to areas? association that the over to the city. way items. the city; areas will be common areas maintained. in a subdivision are retained by the owner. Who undertakes Homeowners If deeded over Homeowners the maintenance Association to the city, it association is responsibilities? will be the responsible. city's responsibility. Conclusion The requirement for homeowner association maintenance of common areas dedicated to Dublin is a valid, legally enforceable requirement. However, there are several ways in which that requirement can be mitigated if it is the desire of the City to do so. The City should be aware, however, that any exception to this maintenance requirement will likely be followed by further requests for exception. As a result, the City could be faced with substantial expenses and time - consuming maintenance responsibilities for areas of land that primarily benefit individual landowners. Please do not hesitate to contact this office if you have any further questions. CSAC 3/12/02 Page 37 of 37 MEMORANDUM TO: Dana McDaniel Assistant City Manager/Director of Service FROM: Stephen J. Smith, Law Director Jennifer Dutey Readler DATE: March 8, 2002 RE: Maintenance and Ownership of Common Areas by Homeowners Associations The City of Dublin ( "Dublin ") currently requires developers to dedicate certain common areas as open and green space in subdivisions. Dublin takes title to this property, but mandates that maintenance be performed by the developer and, subsequently, by the homeowners association. This is provided for in the zoning documents and plats. Mandatory participation in the homeowners association and association fees are required in the deeds. The Meadows at Wyndham Village Homeowners Association ( "Wyndham Village ") is asking Dublin to assume the maintenance and insurance for two reserve areas (Reserves A and B) in the subdivision that were dedicated to the City. The primary reason behind this request is the amount of the Association assessment, which the Wyndham Village residents argue is more significant than other Association assessments within the City. Possible courses of action are currently being drafted for Council's consideration. You asked whether the City may require a homeowners association be formed and that the association then take responsibility for maintaining all common areas. The common areas would not be owned by the City in this scenario. Instead, they would be owned by the developer and then the homeowners association. In situations where the City does not wish to acquire common areas in subdivisions for park space, the City does not have to take ownership of these common areas. Instead, the zoning documents could provide for a mandatory homeowners association, which would own and maintain the common areas once it is established. Until that point, the developer would take full ownership and maintenance responsibilities. Please do not hesitate to contact this office if you would like us to investigate further options for dealing with this situation. Anne Clarke - January 29.doc Page 1 CITY OF DUBLIN Community Services Advisory Commission January 29, 2001 7:00 p.m. Agenda I. Call to Order - Dave Pagnard [2 minutes] II. Introduction of Commission and Staff members III. Public Comments on Items Not on the Agenda [10 minutes] IV. Approval of Minutes of December 11, 2001 meeting [5 minutes] V. Wyndham Village Homeowners Request - Council Assignment (12110/01) A. Representatives of the Meadows at Wyndham Village to state their request and explain the background and reasons for the request. B. Planning Division staff to explain normal procedures /requirements and provide any history pertinent to this situation. C. Fred Hahn, the Director of Grounds & Facilities, to offer his perspective and anticipated impacts should the City assume responsibility for maintaining these areas. D. Legal staff to provide results of research into other municipalities and enforceability of existing requirements. E. Results of the survey of other homeowners associations and the inventory/audit of "green space" to be conducted by staff F. Other staff reports (if any) G. Comments from other Homeowner Association representatives. VI. New business/Round Table 115 minutes] VII. Next meeting: • February 12, 2002 7:00 p.m. VIII. Adjournment The meeting will be held in: Council Chambers, Dublin Municipal Building, 5200 Emerald Parkway Atten RSVP's Will Attend Will Not Attend Tom Merritt 11/28/01 Dave Pa and 12/6/01 Ross Breseman 12/6/01 Barry Burton 12/6/01 CSAC 1/29102 Page I of 10 Community Services Advisory Commission January 29, 2002 CITY OF DUBLIN Minutes Commission members present: Dave Pagnard, Chris Hogan, Tom Merritt, Randy Roth and Sugu Suguness. Staff members present: Dana McDaniel and Jennifer Readler (Schottenstein, Zox & Dunn). Public participants present: A Guest Sign -in Sheet reflecting the names of the public participants is attached and incorporated herein. I. Call to Order Mr. Pagnard called the meeting to order. II. Swear -in New Members Commission members Christopher Hogan and Randy Roth were sworn -in. III. Public Comments on Items Not on the Agenda None. IV. Approval of Minutes The Commission approved the minutes of the December 22, 2001 meeting as submitted. V. Introductions /Purpose of the Commission Each Commission member and staff member introduced him/her self. Mr. McDaniel explained the background of the request received from the Meadows at Wyndham Village Homeowners Association. He said staff was preparing a list of City -owned property and was conducting a survey of other homeowners associations. Mr. Pagnard explained the purpose of the Commission and reviewed the assignment from Council as described in the December 10, 2001 Council Actions (excerpt attached and incorporated herein). VI Wvndham Village Homeowners Request - Council Assignment (12/10/01) Mr. Belville introduced himself as the treasurer of the Meadows at Wyndham Village Homeowners Association. He distributed handouts and gave a presentation regarding the Association's request (copy attached and incorporated herein). Mr. Hogan inquired how the number of homes in the Meadows at Wyndham Village compared to other homeowners associations. Mr. McDaniel replied staff was surveying other homeowner associations to determine this. CSAC 1129/02 Page 2 of 10 Mr. Pagnard asked about the relation of reserves to parkland Mr. Roth inquired who monitors storm water systems. Mr. Pagnard inquired if the Meadows at Wyndham Village was ever considered to be a part of Wyndham. Mr. Joseph stated the Meadows were intended to be a part of Wyndham. He then asked at what point did the City begin transferring responsibility for maintenance. Mr. McDaniel replied that there was point several years ago in which the transfers started taking place because they were seen as amenities /enhancements to the immediate property values and residents would maintain them because they would want to influence the appearance. Mr. Belville said the Meadows request was to gain relief from maintaining the reserves. Mr. Bruning distributed copies of the association's recommendation (attached and incorporated herein). Mr. Joseph said there had been a lack of information provided by the builders /realtors to the homebuyers about the Association's responsibilities and related fees. He noted the tensions between neighbors due to the collection of the fees. He felt the City should assume responsibility for City -owned lands since other people access the lands the same as they do parks. He felt the City had a propensity to spend dollars on other amenities /maintenance elsewhere (i.e., Muirfield- Glick, Avery Road interchange, Skate Park). Mr. Pagnard inquired if there were other situations similar to this one either in Dublin or other cities. Mr. Roth inquired why the reserves are deeded to the City as opposed to the associations. He felt negotiations as to responsibilities should take place up front and inquired what direction could be given to P &Z /staff in negotiating these situations. Mr. Bruning inquired why staff initially rejected the Association's request the preceding June. Mr. McDaniel explained the background of the request and staff's position for a policy direction, i.e., approved plattes and P &Z negotiation. He said the initial request was from an individual (not the association). The association subsequently submitted a formal request to Council. Staff strongly feels the request constitutes a policy change, which would have to be directed by Council. Mr. Belville said that he could then take the policy statement back to the association to address. Mr. Merritt noted his desire for more background and said he would like to understand the more legal aspects of the issues. CSAC 1/29/02 Page 3 of 10 Ms. Readler said legal staff had prepared one response (previously supplied to the Commission and incorporated in the December 11 minutes). She said other information was being assessed and would be formally submitted to the Commission later. Dana inquired as to the insurance the Association carries for liabilities. Wellington pays S1,043 per year and the Meadows pays $525 per year. Mr. Merritt expressed appreciation to the association for attending and noted the need for information being prepared by staff (i.e., survey of other associations, legal information, risk management information). Mr. Pagnard requested the Planning staff provide a historic perspective of the Meadows at Wyndham Village. VII. New Business /Round Table None. VIII. Next Meeting The next meeting of the Commission will be: February 12, 2002 at 7:00 p.n:. In Council Chambers, Dublin Municipal Building, 5200 Emerald Parkway VIII. Adiournment: Mr. Merritt moved to adjourn. Mr. Suguness second the motion. The vote was 5 -0 in favor of adjournment. CSAC 1/29/02 Page 4 of 10 T N O U� N .r z H W W U Q U S i � va J r o N ? N b, V 3 � r m t� r Z CSAC 1/29/02 Page 5 of 10 (Excerpt) DUBLIN CITY COUNCIL — MONDAY, DECEMBER 10, 2001 • Consensus of Council to proceed with Phase I of government television channel at a cost of $4,500. An appropriations ordinance will be brought to Council to effect this. • Motion carried 6 -0 to refer to the Parks and Recreation Advisory Commission the issue raised by a resident regarding the possibility of a separate level of teen fees for the Rec Center. • Consensus of Council to schedule joint meeting with Planning & Zoning Commission regarding the Unified Development Code on Thursday, January 24 at 6:30 p.m. in Council Chambers. • Legal dept. to review plat issues for Avery Square Shopping Center re left turn onto Avery- Muirfield. OF INTEREST • Dublin Skate Park dedication scheduled for Wednesday, December 19 at 4 p.m. • The next regularly scheduled Council meeting is scheduled for Monday, January 7, 2002 at 7 p.m. in Council Chambers. • Motion carried 6 -0 to refer to the Parks and Recreation Advisory Commission the proposal from the Dublin Soccer League and the Mid -Ohio Select Soccer re Darree Fields Expansion. CSAC 1/29/02 Page 6 of 10 Index A. Background — Brief Summary of Current Declaration & Final Plat, and Code of Regulations which establish B. To fulfill above responsibilities, HOA trustees actions taken C. Problems D. Proposed Changes/ Remedies A. Background — Brief Summary of "Declaration & Final Plat," and "Code of Regulations" (legal documents establishing Meadows at Wyndham Village and recorded on Franklin County records) which establish 1. Maintenance standards 2. Architectural Standards 3. Use Restrictions 4. Easements and Licenses 5. Three Reserves owned by Dublin, with two to be maintained by Home Owners Association (HOA) 6. Establishment of HOA a. To enforce all restrictions of record (1,2, 3, 4 above) b. To collect funds and assure maintenance of reserves (5 above) c. To operate HOA per requirements of Declaration & Code of Regulations CSAC 1/29/02 Page 7 of 10 B. To fulfill above responsibilities, HOA trustees have 1. Contracted with professional management firm to a. Obtain competitive bids for insurance and grounds care of two reserves b. Establish contracts 1) Document requirements to assure satisfactory completion of work 2) Insure adequate liability coverage by contactors to avoid HOA liability to contractors doing work on reserves c. Follow -up with contractors to assure satisfactory completion of work d. Collect homeowners fees and pay bills 1) Budget 2) Distribute vouchers to homeowners for payment 3) Follow -up letter for late payments 4) Collection / deposit of payments & late charges 5) Payment of HOA bills 6) Accounting system for quarterly reporting of financial status 7) Supplied fidelity bond to HOA e. Gain access to legal assistance 1) Liens — warning letter and placement of liens 2.) Release of liens 3. Sheriffs sale appropriate actions —sometimes short deadline f. Operate Architectural Review board 1. Receive requests and initial review a) Approve if routine b) Refer others to HOA Trustees 2. Grounds care of two (2) reserves maintained by HOA (70% of budget) includes a. Weekly mowing, edging and cleanup (30 times per year) b. Installation and fluffing of mulch c. Edging and periodic weeding of beds d. Application of fertilizers, pre- emergence & grub control chemicals e. Trimming / replacement of trees, shrubs, flowers - - - continued --- CSAC 1/29/02 Page 8 or 10 B. To fulfill above responsibilities, HOA trustees have -continued 3. Secured insurance coverage ( * required by declaration) a. General liability coverage for injury on reserves owned by Dublin, but maintained by HOA 1). Deemed risk for reserves maintained by HOA b. General liability coverage for HOA meetings * 1) HOA Meetings at Deer Run School c. Fidelity bond coverage for all board members and employees of HOA responsible for handling funds * d. Officer & trustee indemnification against claims, liabilities, expenses, legal fees incurred as result of being officer / trustee * 1). Disgruntled homeowner suits for actions taken such as a) Architectural review board actions b) Enforcement of declaration & final plat requirements 2. Suit against trustees & HOA as result of injury in reserves maintained by HOA e. Property damage for stone entrance sign * CSAC 1/29/02 Page 9 of 10 = 71=1 • Homeowners fees unfairly high compared to neighboring Dublin developments Only 30 homeowners in development to share costs An analysis of neighboring homeowners associations indicates Meadows at Wyndham Village Homeowners fees to meet declaration and final plat requirements are unfairly high D. Proposed Changes / Remedies • Recommended changes in approach 1. Dublin assume responsibility for maintenance of two reserve areas currently maintained by Meadows HOA in addition to one reserve area already maintained by Dublin 2. Dublin assume responsibility to enforce restrictions of record (Section A above) From a broader perspective, the Dublin system for establishing HOA appears flawed 1. There are three stakeholders in the process; Builder, Dublin and Homeowners, but Homeowners are not represented in the negotiation process 2. This results in establishment of: a. Complex legal documents which few homeowners understand b. Inequity in required HOA assessments c. Uneven enforcement of restrictions of record We recommend that the process be reevaluated / changed. • The Officers of the Meadows at Wyndham Village Homeowners Association look forward to working with CSAC to evaluate the above issues and achieving resolution of our Meadows problems prior to the beginning of our budget cycle in October. January 29,2002 Acres Acres Maintained per Acres Maintained homeowner Maintained Home per as % of HOA Fees HOA Association by HOA Owners homeowner Meadows peryear Hawk's Nest " 1.589 208 0.0076 14.2% $50 Meadows @ Wyndham Village 1.614 30 0.0538 100.0% $456 Westbury 5.010 290 0.0173 32.1% $150 Entrance $20 Wyndham Vill age only 330 1 optional D. Proposed Changes / Remedies • Recommended changes in approach 1. Dublin assume responsibility for maintenance of two reserve areas currently maintained by Meadows HOA in addition to one reserve area already maintained by Dublin 2. Dublin assume responsibility to enforce restrictions of record (Section A above) From a broader perspective, the Dublin system for establishing HOA appears flawed 1. There are three stakeholders in the process; Builder, Dublin and Homeowners, but Homeowners are not represented in the negotiation process 2. This results in establishment of: a. Complex legal documents which few homeowners understand b. Inequity in required HOA assessments c. Uneven enforcement of restrictions of record We recommend that the process be reevaluated / changed. • The Officers of the Meadows at Wyndham Village Homeowners Association look forward to working with CSAC to evaluate the above issues and achieving resolution of our Meadows problems prior to the beginning of our budget cycle in October. January 29,2002 CSAC 1/29/02 Page 10 of IQ Recommendation The Wellington Place Homeowners' Association requests that the City of Dublin assume responsibility for maintenance of city -owned reserve areas currently maintained by the Homeowners' Association (HOA). This would include Dublin insuring the property, including the reserve areas and entranceway, and indemnifying the HOA from any liability. The HOA will continue maintaining the immediate neighborhood entrance area (i.e., stone /cement walls, signage, lighting, and flower beds). Justification for this Recommendation 1. Affected neighborhoods have assumed responsibility for maintaining city -owned reserve areas without any involvement or impact on the negotiations between Dublin's Planning and Zoning Department and the subdivision developer. 2. Collection of exorbitant association dues by appointed trustees is straining relationships between neighbors. In an effort to ease this dubious collection task, some associations have hired a management flfm to collect the dues. This further exacerbates the problem, as the cost to hire the management company increases the already -high association dues. 3. HOAs currently focus on tasks that are overwhelming and financially burdensome. Neighborhood residents should focus on the beautification of their own personal property and work with the City to generate ideas on beautifying surrounding public green space. 4. As Dublin strives for consistency and continuity in its ongoing Community Plan, having each neighborhood maintain its well- exposed reserve areas will most likely result in deviation from the City's goals. 5. As the reserve areas currently maintained by the homeowners' associations are city -owned and publicly accessible, the associations have no say as to whom has access to these areas. Hence, the associations' maintenance of this property implies a false sense of control and ownership. The responsibility for maintaining these areas should not be placed on the associations, since they do not own the property or have control over who uses it. Anne Clarke - December 11.doc CSAC 12/11/01 Page I of IG CITY of Dunctn Community Services Advisory Commission December 11, 2001 Minutes Commission members present: Dave Pagnard, Tom Merritt, Jim Stoycheff and Sugu Suguness. Staff members present: Dana McDaniel, and Tammy Brown Public participants present: A Guest Sign -in Sheet reflecting the names of the public participants (a group of Worthington Kilbourne students) is attached and incorporated herein. I. Call to Order Mr. Pagnard called the meeting to order. II. Public Comments on Items Not on the Agenda None. III. Approval of Minutes Mr. Stoycheff moved to adopt the minutes of the November 13, 2001 meeting as submitted. Mr. Merritt second the motion. The vote was 4 -0 in favor of adopting the minutes of the November 13, 2001 meeting as submitted. IV. Introductions /Purpose of the Commission The students from Worthington Kilbourne High School explained their class project and requirement to attend public meetings of local governmental agencies. Mr. Pagnard explained the purpose of the Commission. V. Wyndham Villaae Homeowners Request - Council Assignment (12/10/01) Mr. McDaniel distributed a copy of the memo to Council in which the request from the Meadows at Wyndham Village was described (copy attached and incorporated herein). He explained the history of the request from the Meadows at Wyndham Village and listed similar requests received by the City in recent years. He explained that the planning process often involves stipulations for the creation of a homeowners association and certain maintenance responsibilities. The developer usually incorporates these requirements into the plat/deed. Any decisions or actions /remedies offered could potentially become precedent setting. He Anne Clarke - December 11.doc CSAC 12/11/01 Page 2 of 16 recommended the Commission 1. Determine how the Meadows at Wyndham Village Homeowners Association budget is structured? Why are they insuring property owned by the City and which the City insures? Why do they employ a property management company (this seems to be unique and staff has not found any other Associations employing a management company)? 2. Survey other homeowners associations to determine the level of responsibility; the fees /dues paid by members; how their budgets are structured; and how many homes are included in the association? 3. Invite homeowners associations to attend a meeting. Mr. Merritt inquired if the City Code requires the establishment of homeowners associations Mr. McDaniel replied it is usually a development requirement. The requirement for the "reserve" to be maintained by the association is included in the plat. The deeds then require membership in the association. He noted the legal staff opinion incorporated in the report to Council. Mr. Merritt related his experience and involvement with two homeowners associations. He noted that if the requirements are stated in the legal documents (plats and deeds) then it appears to be an issue between the associations and the homeowners. Mr. Suguness also related his experience, especially as a past president of a homeowners association. He said many people do not realize the requirements included in the deeds to their homes. Mr. Pagnard concurred and noted that many homeowners also don't understand that if they fail to meet the requirements and the area is not maintained it will effect (lower) their property values. He also noted the features and required level of maintenance for different areas could make it difficult to determine a "standard" cost for homeowners. Mr. Merritt concurred and noted that establishing a "basic level" of maintenance may be difficult, especially considering zoning changes that have occurred through time as developments were constructed. Mr. McDaniel agreed and said that the Director of Grounds & Facilities had indicated there are many developments that have not received their approvals and that involve large setback areas. Maintenance of these areas is likely to be costly. Mr. Pagnard inquired if the City was interested in taking over the maintenance of the areas and then assessing the property owners for the cost. Mr. McDaniel said that was an option and was the one the Meadows at Wyndham Village had originally suggested. He displayed a map of the Meadows at Wyndham Village area. He noted the amount of area involved and then mentioned the vast acreage that would be involved City- wide should this be the remedy enacted. He felt it would be very difficult to administer, especially considering varying expectation levels and costs for specific areas. Anne C;arke - December 11.doc CSAC 12/11/01 Page 3 of 16 Mr. Merritt inquired if the City had a list of homeowners associations Mr. McDaniel replied the City does have a list. He said the City also has a map depicting the inventory of "green space," however, he felt the map needed some verification and auditing. The exact level of responsibility for each area also needs determined and more clearly stated. Mr. Stoycheff inquired as to the number of similar requests the City had received. Mr. McDaniel said he had been involved in three (Heather Glen, Shannon Park, and Wellington) situations of similar nature. The Law Director had indicated his staff had also received similar requests, but Mr. McDaniel was not sure of the number. Mr. Pagnard asked if Council had requested the Commission's recommendation by a certain date. Mr. McDaniel replied that the Meadows at Wyndham Village wanted a quick response, however, the individuals to whom he had spoken understood that the process might take a while. Council had not established a deadline but there were questions raised by members that he felt might indicate Council would like a recommendation sooner than later. A discussion followed in which the Commission determined the following timeline for submission of its recommendation. 1. The Commission would like staff to survey homeowners associations and determine the answers to the questions raised by Mr. McDaniel in his summary (above). The Commission would also like representatives of the Division of Planning, the Director of Law Office, and the Director of Grounds & Facilities to attend the January meeting. The Commission requested staff invite representatives of the Meadows at Wyndham Village homeowners association to attend the January meeting. Other homeowners associations should be invited to attend either the January or February (preferably the February) meeting. Because of the quantity of information requested the Commission felt it should move its January meeting to January 22. (Note: After the meeting it was determined that because January 21 is a holiday Council will meet on January 22, thus the Commission would need to select another January date.) 2. At the February 12 meeting the Commission would receive information that may be requested as a result of the January meeting and would begin drafting its recommendation. 3. The Commission would finalize its recommendation at the March 12th meeting and forward it to Council for the March 18" Council meeting. Mr. Pagnard inquired if staff had researched similar requirements in other municipalities. He requested legal staff be prepared to respond to this at the January meeting. He also inquired if the City can take action should an association fail to meet its requirements. Mr. McDaniel said that through the "noxious weeds" ordinance the City could mow an area and then assess the association the same as it would a private property owner. Anne Clatke - Dedember I I.doc Page 4 CSAC 12/11101 Page 4 of 16 The Commission determined the agenda for the January meeting should include: 1. Representatives of the Meadows at the background and reasons for the request. 2. Planning Division staff to explain history pertinent to this situation. Wyndham Village to state their request and explain normal procedures /requirements and provide any 3. Fred Hahn, the Director of Grounds & Facilities, to offer his perspective and anticipated impacts should the City assume responsibility for maintaining these areas. 4. Legal staff to provide results of research into other municipalities and enforceability of existing requirements. 5. Results of the survey of other homeowners associations and the inventory/audit of "green space" to be conducted by staff. VI. Commission's Annual Review of List of Topics of Interest The Commission decided to defer this discussion until after its recommendation to Council regarding the Meadows at Wyndham Village request. The discussion will be included on either the March or April agenda. VII. Staff Reports - Status of Vicious Dog Ordinance Mr. Pagnard reported he had attended the Council meeting. Council adopted the Commission's recommendation and instructed legal staff to proceed with preparing the legislation. Council will then consider the legislation at the January meetings. VIII. New BusinesslRound Table Mr. Pagnard inquired if there was any change to the status of electric aggregation. Mr. McDaniel said there was no change. However, he noted the City will most likely pursue natural gas aggregation in 2002 and the process would be the same as that for electric. The Commission would most likely be asked to conduct the process. IX. Next Meeting The next meeting of the Commission will be: January 29, 2002 at 7:OOp.m. In Council Chambers, Dublin Municipal Building, 5200 Emerald Parkway VIII. Adiournment: Mr. Stoycheff moved to adjourn. Mr. Suguness second the motion. The vote was 4 -0 in favor of adjournment. 111111C ul�f KC - UC l I IUCI i I.uuI CSAC 12/11101 Page 5 of 16 Cs AC. sz(I k-) -T Ma/\ C- Mn� L- /�� / /�O/ s 4-cr �-- A - b1bzass/As-<� - 7 -7t iz C- J'1hIlX 'i'�L✓iN �uI.N GI l/Vi/1C»y�� !✓^"""�""�- a,��e��5��o�f�trnail,co� �1Kt -ts t) RECORD OF PROCEEDINGS Minutes of Dublin City Council — Meeting Held December 10, 2001 Mayor Kranstuber called the Dublin City Council meeting of December 10, 2001 to order at 7:00 p.m. Ms. Chinn ici-Zuercher led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici - Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Staff members present were: Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Mr. McDaniel, Ms. Clarke, Mr. Kindra, Mr. Harding, Ms. Crandall, Ms. Puskarcik, Mr. Stevens, Mr. Halm, Ms. Hoyle, Mr. Price and Mr. Husenitza. Special Recognition Mayor Kranstuber recognized the Dublin Coffman High School Women's Varsity Soccer Team, who recently won the 2001 State championship, achieving Dublin Cof man's first state title in girls' soccer, and ending the season with a 22 -1 record. Approval of Minutes Mayor Kranstuber moved approval of the November 19, 2001 Council meeting minutes as submitted. Mr. Adamek seconded the motion. Vote on the motion — Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Chinnici - Zuercher, yes. Correspondence The Clerk reported that a Notice to Legislative Authority was sent regarding a new liquor permit for Pegasus Holding Company, located on Perimeter Loop Road. There was no objection to the issuance of this permit. Citizen Comments Darnita Bradley, representing Columbus Gas of Ohio 200 Civic Center Drive Columbus, 43215 introduced herself and stated that if Council has any issues regarding Columbus Gas, she would be happy to respond to them. Mayor Kranstuber noted that several citizens have registered to speak on an issue related to The Meadows of WyndhamVillage. He requested that Mr. McDaniel present a preliminary report for clarification of the issue prior to public comments. Mr. McDaniel stated that representatives of The Meadows of Wyndham Village recently contacted the City and requested relief from the cost of the maintenance of their reserve areas A and B. Through deed restrictions and dedicated greenspace during development, many homeowner associations are responsible for maintenance of the dedicated areas. However, there are only 30 homes in this homeowner association. Due to the several acres of property that must be maintained, the association fees for these homeowners appear to be high. Staff is conducting a cost comparison of homeowner association fees. At this time, staff recommends referring the request to the Community Services Advisory Commission for study. He has had several discussions with Mr. Belville and Mr. Joseph, and they are aware of staff's recommendation. However, they may like to offer some additional comments tonight. Richard Belville. 7951 Townsend Road stated that he serves as Treasurer of The Meadows of Wyndham Village Homeowners Association, an association of 30 homes. Although they have selected the low bidder to perform the grounds maintenance, the homeowners' assessment for The Meadows of Wyndham Village is three times that of Westbury, nine times that of Hawks Nest, and 22 times that of Wyndham Village — the adjoining developments. The major difference is the high number of acres of reserve to be maintained by a small number of homeowners. For two of the adjoining developments, he obtained plats of the developments and performed an analysis. The ratio of acres maintained by the homeowners associations compared to the number of homeowners revealed that homeowners of The Meadows of Wyndham Village are required to maintain three times as much reserve area as homeowners in Westbury and seven times as much RECORD OF PROCEEDINGS Minutes of Held - -- Dublin City- Council — - - .- - - - - -- -Page 2 .. -.- .Meeting December 10, 2001 reserve area as homeowners in Hawk's Nest. Therefore, the homeowners of The Meadows of Wyndham Village respectfully request that Council take action to provide relief to those homeowners. In response to Mayor Kranstuber's inquiry, Mr. Belville stated that they would welcome the opportunity to discuss the issue in more detail with the Community Services Commission, if Council refers the issue for study. Mayor Kranstuber moved to refer study of the issue to the Community Services Advisory Commission to develop a recommendation for Council. Ms. Chinnici- Zuercher seconded the motion. Mrs. Boring inquired why this subdivision has so much more greenspace proportionately than the other subdivisions. Ms. Clarke responded that the developer probably intended to develop Wyndham and The Meadows of Wyndham simultaneously, but was unable to obtain approval at the same time. Although it is a much smaller tract of ground, it has the same responsibility as the other subdivisions for maintenance of the buffer setback from the arterial road. Proportionately, the homeowners of The Meadows of Wyndham do have more frontage than do the homeowners in the other subdivisions. Mrs. Boring inquired if the City is a landowner in the subdivision, wouldn't the City then be required to pay association dues /fees? Ms. Clarke responded that the City is not a member of the association, which would include voting rights, etc. and is not assessed association fees. She added that, in her experience, any landowner who is a party to deed restrictions must pay association fees. It would seem that if the City wants its land taken care of, it should be responsible for some of the costs. Mr. Smith stated that the Legal staff would review the subject. Ms. Grigsby stated that one reason the reserve is in the City's name is that the City is exempt from property taxes. If that land were titled to the association, there would also be property taxes for which the association would be responsible. Therefore, many of the entrances to subdivisions are owned by the City, which eliminates the burden of property taxes on that land, but the land is maintained by the homeowner associations. Mr. McCash stated that he believed a similar request for assistance with maintenance costs had recently been granted to another homeowner association. Mr. McDaniel responded that these requests are received frequently. Due to the fact that Council action could be precedent setting, he would advise a commission study to allow the opportunity for a wider perspective. Mr. McCash stated that the particular issue he recalls is the Glick - Muirfield intersection agreement, which provides that the City maintain the landscaping. Mr. Ciarochi responded that the Muirfield Association has maintained an extensive area at significant expense. Consequently, a 15 plus year agreement was developed, under which the association continues to maintain City right -of -way, and the City pays them a fee of $2,000 - S3,000 /year. Mr. McCash inquired about the timing of the Commission's study of the issue. Mr. McDaniel responded that it would be scheduled for a January meeting. Mrs. Boring noted that one of the homeowners in The Meadows of Wyndham Village Association had observed that their association fee appeared to function as a tax, since maintenance of the City's land was all that was accomplished with the fee. She requested that a member of the Law Director's office attend the Commission meeting to assure that the legal concerns are addressed. RECORD OF PROCEEDINGS Minutes of -- Dublin City Council - -- -- - - - - -_ -Page 3 -- Meeting Held December 10, 2001 Mr. Smith stated that his office is studying this issue. They have received two similar inquiries from other associations. Mrs. Boring requested that those associations also be notified of this meeting. Mr. McCash requested that after their initial meeting, the Community Services Advisory Council (CSAC) notify Council of their anticipated timing for a recommendation. Ms. Chinnici - Zuercher stated the greater part of homeowner association fees is dedicated to maintenance of the common areas, so it would be wise to notify all the associations of the CSAC meeting. Mr. McDaniel stated that he would do so. Ms. Chinnici- Zuercher stated that bidding the work to obtain the lowest cost, as The Meadows has done, is also advisable. Mr. McDaniel responded that he has advised several associations accordingly, but is unsure if they followed the advice. Perhaps the City's discussion will also facilitate that interest or even the process. Don Josh, 7914 Wiltshire Drive stated that he is president of the Board of Trustees for The Meadows of Wyndham Village. He stated that in principle, they are not opposed to maintenance of the adjacent common areas. The problem they have is that their fees must be higher than the normal association fee in order to do so. He suggested that it would be advisable for CSAC to also address the process by which association fees are set. If there are no guidelines within the Planning and Zoning process, the situation will occur repeatedly. There should be guidelines established to ensure fairness of the fees. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici- Zuercher, yes. Wallace Maurer, 7451 Dublin Road, stated that he has three issues to address: 1. At the last Council meeting, he had stated that he believed that the pedestrian bikeway under construction through his property had been placed deeper on his property than the plans had indicated. He is concerned that he unintentionally inferred that the project was not being properly supervised to have allowed that to occur. In fact, Mr. Tennyson, who has overseen the project, was very careful in fixing the center stakes before any construction began. In addition, he has also corrected another error. A deviation in the path causing it to run between two of his big trees has now been corrected so that it runs straight and outside of those trees. He apologized if, in any way, Mr. Tennyson was affected by his negligent comments. He would also like to include Mr. Peterson in his former invitation to Mr. Adamek to join the "podium philosophers" in raising and clarifying issues to Council. He noted that over the last few years, he has raised a concern over Section 3.06D in the Revised Charter of the City. He considers it a serious setback to many years of struggle to constitutionally open up all issues to the public. In a situation of suspicion and fear, it can put many citizens at risk, particularly if decisions regarding those under suspicion are made in private. Staff Comments Mr. McDaniel 1. Referred to a memo provided in Council packets on the Darree Fields expansion proposal by Dublin Soccer League (DSL) and Mid -Ohio Soccer League (MOSL). They propose that funds be pooled to expand the soccer fields at Darree, in exchange for the use of some of those fields for tournaments. He requested that the proposal also be referred to the Parks and Recreation Advisory Commission (PRAC) to study and develop a recommendation. CITY OF DUBLIN Department of Service 6351 Shier -Rings Road - Dublin, Ohio 43016 -1243 Phone: 614 -761 -6570 Fax: 614- 761 -6512 Memo To: All Members Dublin City Council From: Timothy C. Hansley, City Manager Initiated by: Dana L. McDaniel, Assistant City Manager/Director of Service Date: December 5, 2001 Re: Meadows at Wyndham Village Homeowners' Association Issue In recent months the Meadows at Wyndham Village Homeowners' Association has requested the City of Dublin to provide assistance in the maintenance of Reserve Areas "A" and "B." Attached are initial letters from Louretta Belville dated April 4, 2001 and May 9, 2001. Also attached is a letter to Ms. Belville from Dana McDaniel dated June 18, 2001. The most recent letter from Donald Joseph dated August 3, 2001 is also attached. Recommendation Staff recommends that Council refer this issue to its Community Services Advisory Commission for further study and recommendation. It is imperative that this issue is fully assessed given its precedent setting nature. As staff has mentioned, other issues of maintenance by Homeowner's Associations have been raised in recent years. Further study may include a survey of Homeowner's Associations to understand how much responsibility, cost, fees, ratio of homes to costs /fees etc. Additionally, a dialogue could be opened up to discuss the options of joint bidding, purchasing etc. among Homeowner's Associations. This issue lends itself to the type of task the Commission was created to perform. Some key questions for the Commission may include: 1. Are costs as low as they can be? 2. What, generally, are other Associations' responsibilities, costs, and fees? 3. Is the ratio of homes to reserve size fair? 4. What are the broader implications of altering the maintenance responsibilities? 5. What options or courses of action are available to Council? Background The Meadows at Wyndham Village (Wyndham Village, Section 5) is located along the south side of Brand Road. The subdivision has 30 single- family homes. Reserves "A" and "B," which border the frontage along Brand Road, are required by covenant of property deeds and as noted on the plat to be maintained by the homeowners' association. The City of Dublin owns both Reserves "A" and "B." Combined the reserves total 1.614 acres. The Meadows at Wyndham Village does have a homeowners' association and has maintained the reserves the last two years. Currently, the homeowners' association is charging $456 per year in association fees. Per Mr. Joseph all funds collected are used for maintenance of the reserves. Mr. Joseph takes the position that association fees City -wide are not uniform and that fees for the maintenance of such reserves, when owned by the City are "taxes." Mr. Joseph requests relief by: 1. Requesting the City assume the cost of maintenance for Reserves "A" and "B" including lawn care, plantings, and trees excluding the subdivision entry sign at the comer of Brand Road and Townsend Rive. 2. The City of Dublin immediately assume the cost of insurance for Reserves "A" and "B" excluding the subdivision entry sign in Reserve "A." Closing Staff looks forward to Council's guidance on this matter. DLM /tb C: Don Joseph (without attachments) Richard Belville (without attachments) \\DUBLINDATA PER_SERVER\PERWER \BROwTL\ word\ DANA\ MEMOS \COWCIL\wyndham Village Request,dec luV4•.N August 31, 20011 OCT 9 2001 DEPT. OF:SERVICF Mr. Tim Hansley City Manager Dublin Municipal Building 5200 Emerald Parkway Dublin, OH 43017 -1006 Dear Mr. Hansley: 7914 Wiltshire Drive Dublin, Ott 43016 Phone: (614)873 -2254 Email: djoscph2 @columbus.rr.com Association I am the President of the Meadows at Wyndham Village Homeowners Association. I am writing to you to explain a prroNem that the City of Dublin has created for our Association and to request the City's help in rectifying the situation. Background The Meadows at Wyndham Village is located on the south side of Brand Road, approximately 'A mile west of Avery Road (see plat book 87 page 76). The subdivision is comprised of 30 single family homes built by M/I Schottenstein and Virginia Homes. The community has 3 reserve areas, "A" and "B" which border Brand Road and "C" which borders a branch of the Indian Run. By the original zoning agreement with M/I Schottenstein, these reserve areas were deeded to the City of Dublin. Additionally, as part of the agreement, the covenants of our property deeds required that the owners of the properties within the subdivision form a "homeowner's association" for the purpose of maintaining reserves "A" and `B ". The maintenance of reserve "C" is handled by the City of Dublin since it is part of the Indian Run flood plain and storm water drainage system. The homeowner's association was formed in December 1999 and has, as required by the property deed covenants, made assessments against the owners of each of the subdivisions 30 properties for the maintenance of the front public reserves. Based on multiple competitive bids obtained for insurance and lawn services for the last two years and the need to collect and administer this money, assessments to each property owner have been $456 per year. While we have attempted to reduce this amount, because of our small subdivision size, we have been unable to bring costs down. All monies collected are used for the maintenance of the reserves, i.e. there is no neighborhood "social" function funded by the above money. Because the property assessments collected by the Homeowners Association are used for the sole purpose of maintaining the reserves and because these reserves are public property, the assessments are, in fact, property taxes. Additionally, because the City of Dublin originally caused the assessments to be levied on the properties through the zoning process, the City of Dublin is responsible for the size of the assessments being levied. Now, the size of the assessments is not a problem in and of itself if the assessments are uniform throughout the city. However, the fact is that these assessments are not uniform or consistent through the City and, as far as i can determine, are arbitrarily applied. Some neighborhoods have small fees of $50 or less while others have no assessments even though there are public reserves adjacent to their subdivisions. August 31, 2001 Page 2 The lack of uniformity and consistency in the assessment of these "taxes" on the homeowners of the Meadows at Wyndham Village is what is at the core of our complaint. Proposed Remedy On behalf of the Homeowner's Association, I hereby request the following actions be taken by the City to rectify the above mentioned situation: I. The City of Dublin immediately assume the cost of maintenance for Reserves "A" and `B" including lawn care and plantings /trees excluding the subdivision sign located at the corner of Brand Road and Townsend Drive. 2. The City of Dublin immediately assume the cost of insurance for Reserves "A" and "B" excluding the subdivision sign in Reserve "A ". The Trustees would like to resolve this matter as quickly as possible. Therefore, at your earliest convenience, I request a meeting be set up between the City and representatives of the Trustees to discuss the above proposal. You may reach me at the above phone number or email or at my work number (614) 790 -3112. We look forward to your timely response to the above proposal. Thank you for your time and consideration. Sincerely, Donald . Josep President, Meadows at R'yndham Village Homeowner's Association Cc: Dana L. McDaniel, Assistant City Manager /Director of Services The Honorable Cathy Boring, Dublin City Councilwoman J. Richard Belville, Treasurer — MW VHOA Trustees Ronald Emerson, Secretary — MW VHOA Trustees Louretta G. Bclvilic 7951 Townscnd Road Dublin, Ohio 43016 -3464 June 18, 2001 Dear Ms. Belville: Thank you for your letter dated April 4, 2001 and for our phone conversation of June 12. I enjoyed our (AP, t)Y PITI.i\ conversation and greatly appreciated hearing your insight on the matter of homeo��ner association 6351 Shier Rings Road rcsponsibilitics and that of the Meadows at Wyndham Village. Dublin, OH 43011 -1243 As y Fax: 614/7 ou mention in your letter the Meadows at Wyndham Village is responsible to maintain the mo Phone F: 614/761 -6512 61 -6510 re as a ran oa have reviewed plat documents and confirmed this responsibility. serve areas Brand Rd. I hid the fax As you know the City has an ageressiye green space Ordinance, stort water regulations and is typically successful at getting such lands as the trserye areas set aside. Typically, these reserve areas serve as an cr,inancemer.t to the specific development. The Homeowners Association maintains them to the level that it feels best enhances its development and property values. The City does not desire to take responsibilir for the general maintenance of reserve areas stipulated to be maintained by the Homeowners Association as recorded. In regards to the 5465 per year fee, this rate is a higher rate than I have seen with several other associations with which I have worked. I do know of an association who started this high, then lowered their fee to 5250 per year. Homeowner Association fees, in my experience, ran_e in Dublin from S50 per year to the 5465 per year you pay. You expressed a particular concert with MrI not informing homeowners of the requirements. I kill forward your correspondence to our Planning Division to see if its staff can perhaps discuss this issue with M /I, since they have routine contact with M /I. I noted you also sent your letter to M/L If Al l responds to you as to what nti,ht have happened, please let me know. I will likewise relay any information I receive from M/I to you. Hopefully, 141 will tell buyers about such obligations in the future. Your perspective regarding the City's involvement, i.e. special assessment, is interesting. I will copy the City Manager on this correspondence, who may in turn forward it to City Council. Co may choose to have the City Law Director review this perspective. As we discussed, there may be sonic ways to cut down on the overall cost, i.e. partner with Wyndharn Village Homeowners Association to perhaps get a better deal from a maintenance company. Try to find a wav to avoid usirn a management company. I ant not familiar with any homeowner association that, uses a professional management company. Typically, this is all done voluntarily. Such management companies are common in condominium developments. A reduction in the rate, however it is achieved, map make it more palatable for homeowners to pay. hibc 1 ha%c not committed to anything here, I will be happy to discuss or brainstorm onions. I can a',se d: contact in: for outer homeowners associations, if needed. I will keep you informed a_ to any tin, trier discussions at staff level or by Cite Council on this or any related Again, thank you for the letter and it was an pleasure speaking with you. Sincerely, l5/C�l" !� Dana L. McDaniel Assistant City Manager'Director of Sery ice DL:NI to C: Timothy C. Hansley, City Nlanager w/ attachment (Belville letter) Frank Cinrochi, Assistant City Mana,er'Director of Development w' atta nt Marsha Gri,sby, Assistant City \tanager Director of Finance w -' artachmec: Clad Gibson, Active Director or Planning v. attachment G a:v Gunderan, Assistant Director of Plammn;! %%/ itachm-rit /illile UldIKB - UdGUIIIDtll I L.000 I aUc i i CSAC 12/11/01 Pale I I of 16 MRS. J. RICHARD DCLVILLE I 7931 T.' N-ESO R04D DUaUH 490th J / .. Louretta G. Belville - telephone 614 - 873 -0292 7951 Townse;ad Road - Dublin, OH 43016 -8464 April 4, 2001 To: City of Dublin Town Manager Manager of Legal Dept. -M /I Schottenstein Homes, Inc. Betty Montgomery; Ohio Attorney General (for info only) I am a homeowner in Meadows at Wyndham Village, Dublin. I have a background in title insurance, banking, other legal, and long -time home ownership (including condos). Therefore, I thoroughly understand the following situations: M/I created Meadows at Wyndham Village Association to govern its 30 properties and the extra land considered common areas. Dublin required that all common areas be deeded to them. The 30 homeowners are required by legal documents, recorded in Franklin County, to maintain the common areas. This particular arrangement has unfortunate results and some kind of change is necessary to correct it. Therefore, I am requesting your assistance in salting the matter. To comply with the legal documents (Declaration, Bylaws), our village has three Trustees and an outside management firm. The annual fees per household (to cover maintenance of common areas) are $456 because of: _ ' 1. Only 30 households to support expenses for lawn care, legal, management, insurance. 2. Management firm is necessary. 3. Insurance, including liability, is required and is costly. The total expenses equal $12,650 per year. All the homeowners feel extremely opposed to such high fees and want some form of relief now. Already, there have been serious and unfortunate results from this arrangement: 1. The real estate closing firm sent the Declaration, etc., to homeowners after the closing and some persons did not recognize that. These legal documents should become part of each closing together with a special verbal or written outline to homeowners that they are legally required to pay homeowner's fees to support their neighborhood. Also, there have been confusing statements relating to M/I salesmen not correctly handling such information. 2. Our group of 30 households has had one homeowner who never paid anything and also indulges in harassing and threatening -type telephone calls to Trustees and the management firm. Another homeowner has a bankruptcy sale forthcoming in April. A third one is also delinquent. April 4, 2001 Page 1 of 2 The State of Ohio cannot afford to permit the establishment of such homeowner associations. In general, there is no governmental oversight and it is definitely time for a change. Beth condos and homeowner groups are involved in criminal or borderline criminal incidents, From time to time, there's fraud, embezzlement, and abusive conduct toward neighbors and /or Trustees, etc. Homeowners, generally, are not qualified to govern according to the established legal documents: a. Some are first time homeowners b. Some cannot communicate well — foreign nationality c. Homeowners move — not a stable governing situation d. Homeowners do not have a legal background to understand the legal requirements My suggestion is as follows: Since the City of Dublin is the legal owner of the common areas of our village (and the City of Dublin is the source of various maintenance requirements), the Declaration anc Bylaws should be removed from Franklin County records and replaced by some other system such as a Special Assessment for maintenance against our 30 lots: 1. Currently, we pay a very high real estate tax on each lot. 2. Dublin already has a lawn maintenance service and management system for parks and other areas and should be able to supply this service more efficiently than our small group. 3. Dublin already has the proper types of insurance (liability, etc.) 4. Dublin has the authority to enforce certain maintenance rules. 5. Dublin has a city attorney and police force to help solve unusual circumstances. 6. l am sure our 30 homeowners would be satisfied to pay Dublin a Special Assessment, for example, which could relieve the tremendous financial burden and quarrelsome situations caused by the present arrangement. 7. For example, if our homeowners were to pay $150 per year Special Assessment that would equal $4500 to cover Dublin's lawn care of our common areas. Also, the Special Assessment would be of record and regardless of who occupied one of our houses the Special Assessment would be satisfied legally. I would greatly appreciate both Dublin's and M /1's consideration of this information as soon as possible and look forward to your reply. How should this be handled? Sincerely, Louretta G. 13elville April 4, 2001 Page 2 of 2 Anne Clarke - December 11.doc Page 14 CSAC 12/11/01 Page 14 of 16 MEMORANDUM TO: Dana McDaniel Director of Service FROM: Stephen J. Smith, Law Director Mitchell H. Banchefsky, Assistant Law Director Jennifer Dutey Readier DATE: December 19, 2001 RE: Condominium and Homeowners Associations Issues Can the City of Dublin enforce the formation of homeowners /condominium associations if it is required by the plat deed or similar conveyance? If such an association becomes defunct how can the City require the maintenance responsibilities be carried out? Short Answers A. The City could possibly enforce the formation of homeowners /condominium associations if it is required by the plat, deed, or similar conveyance as long as the City is a party to the instrument or the City is given the right under a specific Revised Code provision, as is the case with condominium associations. B. The most effective way to force the homeowners /condominium association to act would most likely be for the City to send a letter to the affected landowners informing them of their obligations and informing them that the City will not take responsibility for maintenance and other functions that are the obligations of the association. Legal Analysis Formation of Condominium /Homeowners Associations The Ohio Revised Code specifies the manner in which condominium associations must be formed. Under Ohio law, every condominium property must be administered by a unit owners association.' Until the association is established, the developer must act in all instances where action of the association or its officers is authorized or required by law or the declaration.' When units controlling at least twenty -five percent of the common areas have been sold, unit owners other than the developer must elect at least twenty -five percent of the association board. The developer's control of the owners association ends and the unit owners are entitled to elect the entire board three years after the formation of the owners association or thirty days after the sale of seventy -five percent of the condominium instruments, whichever comes first.' Consequently, it appears clear that at least with respect to condominium units, unit owners associations must be formed. ' 5311.08. 2 531 1.08(C). 3 R.C. 5311.08(D). Anne Clarke - December 11.doc Page 1 CsnC 12/11/01 Page 15 of 16 The question as to whether subdivision homeowners associations must be formed is not quite as clear. There is no state law requiring such associations to be formed. However, when the deed or plat requires the formation of or participation in a homeowners association, the association must be formed, and a court has the power to enforce any such provision if a person who has standing brings the action. It may be difficult for the City to show standing. The more practical course of action would be for the City to refuse to undertake the obligations of the association, thereby compelling the formation of the association. Forcing Homeowners /Condominium Associations to Perform Maintenance Functions if Thev Go Defunct. 1. Condominium Associations The Revised Code explicitly provides that a condominium association can be sued as a separate legal entity in any action regarding the common areas and facilities or to any right, duty, or obligation possessed or imposed upon the unit owners association, by statute or otherwise .° With regard to condominium associations, all unit tenants and owners must comply with all covenants, conditions, and restrictions set forth in the deed and violations of these restrictions shall be grounds for actions for damages or injunctive relief, or both, brought by the unit owners association, by a unit owner, or by both.' This statute would seem to limit actions against the condominium association to unit owners only. However, another section of the Revised Code regarding condominium associations would seem to allow a third party, such as the City of Dublin, to sue the association. Ohio Revised Code Section 5311.23 states that 1a] declarant, developer, agent, unit owner, or any person entitled to occupy a unit of a condominium property is liable in a civil action for damages caused to any person by his failure to comply with any lawful provision of the condominium instruments. Any interested person may commence an action for a declaratory judgment to determine his legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply, with a provision of the instruments. The lawful provisions of the condominium instruments may, if necessary to carry out their purposes, be enforced against the condominium property or any person who owns or has previously owned any interest in the condominium property." This section would seem to permit an interested party to file a lawsuit against the unit owners when a condominium association is not formed. If the City was interested in filing such a lawsuit, it would need to file an action for declaratory judgment so that a judge could decide whether the City has such a relationship with the development that it can institute a lawsuit. The success of such an action is doubtful, but is an alternative for the City to consider. 2. Homeowners Associations As a general rule, the City would be unable to maintain an action requiring a homeowners association to form and comply with deed restrictions, such as maintenance regulations. It would ' R.C. 5311.20. ' R.C. 5311.19. Anne Clarke - December 11.doc rage Ib CSAC 12111/01 Pace 16 of 16 be difficult for the City to show that it has standing, which means that it is in fact injured by the failure of the homeowners association to form and comply with the deed restrictions. While the City may feel obligated to perform routine maintenance functions on behalf of the citizens who live in the residential development, it would appear that it would be under no obligation to do so if the deed or plat has provided that such maintenance functions shall be conducted by a homeowners association. The best course of action for the City would be to send a letter to the residents in the subdivision informing them that they are obligated to form a homeowners association and that the association, not the City, is responsible for all maintenance functions. If the City refuses to act on such maintenance issues, and tells the citizens that it is their obligation to take care of the issues through a homeowners association, it is likely the citizens would feel the pressure to form the association as required under the deed restrictions. However, there are situations in which the City would be able to enforce a deed or plat restriction. First, the City would be able to enforce a deed restriction in which the City is expressly made a party.' Second, the City would be able to enforce a restriction if the restriction was created as a condition of some action by the City, such as a rezoning. Finally, the City has the power to seek judicial remedies for any action or inaction that results in a violation of any of the City's Ordinances IV. Conclusion The City may have the power to require the formation of homeowners /condominium associations if it is required by the plat, deed, or similar conveyance as long as the City is a party to the instrument or the City has rights under a specific Revised Code provision. If a homeowners or condominium association becomes defunct orjust fails to perform the required maintenance, the City may be able to intervene through judicial proceedings and require the maintenance be completed. However, rather than become involved in what is primarily a private contract, the City could simply inform the homeowners /condominium owners of their obligations and refuse to perform the routine maintenance that is the responsibility of the association. If you have any questions or comments, please do not hesitate to contact this office. 6 This would be determined on a case by case basis by examining a specific set of deed restrictions. MEMORANDUM TO: Dana McDaniel Director of Service FROM: Stephen J. Smith, Law Director Mitchell H. Banchefsky, Assistant Law Director Jennifer Dutey Readier DATE: June 12, 2001 RE: Condominium and Homeowners Associations I. Issues A. Can the City of Dublin enforce the formation of homeowners /condominium associations if it is required by the plat, deed, or similar conveyance? B. If such an association becomes defunct, how can the City require the maintenance responsibilities be carried out? II. Short Answers A. The City could possibly enforce the formation of homeowners /condominium associations if it is required by the plat, deed, or similar conveyance as long as the City is a party to the instrument or the City is given the right under a specific Revised Code provision, as is the case with condominium associations. B. The most effective way to force the homeowners /condominium association to act would most likely be for the City to send a letter to the affected landowners informing them of their obligations and informing them that the City will not take responsibility for maintenance and other functions that are the obligations of the association. (HWV4436 i } III. Legal Analysis A. Formation of Condominium /Homeowners Associations The Ohio Revised Code specifies the manner in which condominium associations must be formed. Under Ohio law, every condominium property must be administered by a unit owners association.' Until the association is established, the developer must act in all instances where action of the association or its officers is authorized or required by law or the declaration. When units controlling at least twenty -five percent of the common areas have been sold, unit owners other than the developer must elect at least twenty -five percent of the association board. The developers control of the owners association ends and the unit owners are entitled to elect the entire board three years after the formation of the owners association or thirty days after the sale of seventy -five percent of the condominium instruments, whichever comes first. Consequently, it appears clear that at least with respect to condominium units, unit owners associations must be formed. The question as to whether subdivision homeowners associations must be formed is not quite as clear. There is no state law requiring such associations to be formed. However, when the deed or plat requires the formation of or participation in a homeowners association, the association must be formed, and a court has the power to enforce any such provision if a person who has standing brings the action. It may be difficult for the City to show standing. The more practical course of action would be for the City to refuse to undertake the obligations of the association, thereby compelling the formation of the association. S. Forcing Homeowners /Condominium Associations to Perform Maintenance Functions if They Go Defunct. 1. Condominium Associations The Revised Code explicitly provides that a condominium association can be sued as a separate legal entity in any action regarding the common areas and facilities or to any right, duty, or obligation possessed or imposed upon the unit owners association, by statute or otherwise. With regard to condominium associations, all unit tenants and owners must comply with all covenants, conditions, and restrictions set forth in the deed and violations of these restrictions shall be grounds for actions for damages or injunctive relief, or both, brought by the unit owners association, by a unit owner, or by both. This statute would seem to limit actions against the condominium association to unit owners only. ' 5311.08. ' 5311.05(C). R.C. 5311.20. s R.C. 5311.19 (1109:1311 1 12 However, another section of the Revised Code regarding condominium associations would seem to allow a third party, such as the City of Dublin, to sue the association. Ohio Revised Code Section 5311.23 states that "[a] declarant, developer, agent, unit owner, or any person entitled to occupy a unit of a condominium property is liable in a civil action for damages caused to any person by his failure to comply with any lawful provision of the condominium instruments. Any interested person may commence an action for a declaratory judgment to determine his legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply, with a provision of the instruments. The lawful provisions of the condominium instruments may, if necessary to carry out their purposes, be enforced against the condominium property or any person who owns or has previously owned any interest in the condominium property." This section would seem to permit an interested party to file a lawsuit against the unit owners when a condominium association is not formed. If the City was interested in filing such a lawsuit, it would need to file an action for declaratory judgment so that a judge could decide whether the City has such a relationship with the development that it can institute a lawsuit. The success of such an action is doubtful, but is an alternative for the City to consider. 2. Homeowners Associations As a general rule, the City would be unable to maintain an action requiring a homeowners association to form and comply with deed restrictions, such as maintenance regulations. It would be difficult for the City to show that it has standing, which means that it is in fact injured by the failure of the homeowners association to form and comply with the deed restrictions. While the City may feel obligated to perform routine maintenance functions on behalf of the citizens who live in the residential development, it would appear that it would be under no obligation to do so if the deed or plat has provided that such maintenance functions shall be conducted by a homeowners association. The best course of action for the City would be to send a letter to the residents in the subdivision informing them that they are obligated to form a homeowners association and that the association, not the City, is responsible for all maintenance functions. If the City refuses to act on such maintenance issues, and tells the citizens that it is their obligation to take care of the issues through a homeowners association, it is likely the citizens would feel the pressure to form the association as required under the deed restrictions. However, there are situations in which the City would be able to enforce a deed or plat restriction. First, the City would be able to enforce a deed restriction in which the City is expressly made a party. Second, the City would be able to enforce a restriction if the restriction was created as a condition of some action by the City, such as a rezoning. Finally, the City has the power to seek judicial remedies for any action or inaction that results in a violation of any of the City's Ordinances This would be determined on a case by case basis by examining a specific set of deed restrictions. JHU)9443O 1 z3 Office of the City Manager 5200 Prkway* City of Dublin Phone: 614 - 1 410.4 0 • Fax: 14 - 1 0 -449 0 43017-1090 To: Members of Dublin City Council From: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Date: March 22, 2012 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer C. Aaron Stanford, PE, Civil Engineer Memo Re: Wellington Reserve PUD Storm Water Management Follow -Up Information Summary At the March 12, 2012 City Council meeting, a request for review and approval of a rezoning with preliminary development plan for the Wellington Reserve PUD was considered (Ordinance No. 14- 12). In the course of public comment, concerns were expressed by residents of the adjacent neighborhood regarding the existing storm water drainage, and the potential for the proposed development to aggravate the existing conditions. Background Residents have contacted City staff to raise awareness of an existing storm water drainage issue located along the western border of the Wellington Place Subdivision. Staff has visited the site and found that currently, during and after heavy rainfall events, there is an area of ponding water that occurs near a rear yard catch basin. This is partly attributed to the limited number of rear yard catch basins located along this boundary and the approximate 8 acres of undeveloped land that drains from the west to this area. The Wellington Reserve proposal includes the construction of the public improvements, including public storm sewer, storm sewer structures, and storm water management facilities. Almost all of the offsite area that drains toward Wellington Place will be routed through the proposed storm water management system in the new development or connected to the existing storm water system. The detention basins in the proposed development will then detain the water for the required period of time and release the storm water, at a controlled rate, through the public storm water management system. The developer of Wellington Reserve is required to submit a subdivision bond, equal to the value of the public improvements to be constructed, to the City prior to and through the duration of subdivision construction. The City will assign an Engineering Project Inspector to this project that is responsible to ensure that the public improvements are installed in accordance with the approved construction plans. Because of these safeguards and this standardized process, staff believes it is not necessary to require a separate escrow account to cover any potential issues that may arise from the project construction. Recommendation Staff believes the existing storm water drainage issues and concerns will be eliminated with the installation of the proposed storm sewer system by Wellington Reserve. A final storm water report Memo re: Wellington Reserve PUD Storm Water Management Follow -Up Information March 22, 2012 Page 2 of 2 will be submitted with the final development plan. Engineering staff will give additional attention to the storm water management in the area adjacent to Welling Place to ensure the system will function as intended and improve the existing conditions. The developer has expressed the willingness to work with the existing residents to facilitate any other drainage improvements that may be necessary. Staff will support these efforts and work with both to encourage this cooperation. IV. Conclusion The City may have the power to require the formation of homeowners /condominium associations if it is required by the plat, deed, or similar conveyance as long as the City is a party to the instrument or the City has rights under a specific Revised Code provision. If a homeowners or condominium association becomes defunct or just fails to perform the required maintenance, the City may be able to intervene through judicial proceedings and require the maintenance be completed. However, rather than become involved in what is primarily a private contract, the City could simply inform the homeowners /condominium owners of their obligations and refuse to perform the routine maintenance that is the responsibility of the association. If you have any questions or comments, please do not hesitate to contact this office. µHW94436 1 14 Office of the City Manager 5200 Prkway* City of Dublin Phone: 614 - 1 410.4 0 • Fax: 14 - 1 0 -449 0 43017-1090 To: Members of Dublin City Council From: Paul A. Hammersmith, PE, Director of Engineering /City Engineer Date: March 22, 2012 Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer C. Aaron Stanford, PE, Civil Engineer Memo Re: Wellington Reserve PUD Storm Water Management Follow -Up Information Summary At the March 12, 2012 City Council meeting, a request for review and approval of a rezoning with preliminary development plan for the Wellington Reserve PUD was considered (Ordinance No. 14- 12). In the course of public comment, concerns were expressed by residents of the adjacent neighborhood regarding the existing storm water drainage, and the potential for the proposed development to aggravate the existing conditions. Background Residents have contacted City staff to raise awareness of an existing storm water drainage issue located along the western border of the Wellington Place Subdivision. Staff has visited the site and found that currently, during and after heavy rainfall events, there is an area of ponding water that occurs near a rear yard catch basin. This is partly attributed to the limited number of rear yard catch basins located along this boundary and the approximate 8 acres of undeveloped land that drains from the west to this area. The Wellington Reserve proposal includes the construction of the public improvements, including public storm sewer, storm sewer structures, and storm water management facilities. Almost all of the offsite area that drains toward Wellington Place will be routed through the proposed storm water management system in the new development or connected to the existing storm water system. The detention basins in the proposed development will then detain the water for the required period of time and release the storm water, at a controlled rate, through the public storm water management system. The developer of Wellington Reserve is required to submit a subdivision bond, equal to the value of the public improvements to be constructed, to the City prior to and through the duration of subdivision construction. The City will assign an Engineering Project Inspector to this project that is responsible to ensure that the public improvements are installed in accordance with the approved construction plans. Because of these safeguards and this standardized process, staff believes it is not necessary to require a separate escrow account to cover any potential issues that may arise from the project construction. Recommendation Staff believes the existing storm water drainage issues and concerns will be eliminated with the installation of the proposed storm sewer system by Wellington Reserve. A final storm water report Memo re: Wellington Reserve PUD Storm Water Management Follow -Up Information March 22, 2012 Page 2 of 2 will be submitted with the final development plan. Engineering staff will give additional attention to the storm water management in the area adjacent to Welling Place to ensure the system will function as intended and improve the existing conditions. The developer has expressed the willingness to work with the existing residents to facilitate any other drainage improvements that may be necessary. Staff will support these efforts and work with both to encourage this cooperation. + Acres Existing Catch Basin *I 4t A Nit 4 , - Aal, f, A ORDINANCE 14 -12 1 5t Reading (03 -12 -2012) MEETING MATERIALS FOLLOW Office of the City Manager 5200 Emerald Prkwa* City of Dublin Phone: 614 - 410.4400- Faax:b614 --410 -4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager Date: March 8, 2012 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 14 -12 - Rezoning Approximately 18.5 Acres, Located on the North Side of Brand Road, Approximately 700 Feet West of Coventry Woods Drive from R and R -1 to Planned Unit Development District (Wellington Reserve PUD) to Establish a 28 Lot Single- Family Detached Residential Development and 3.6 Acres of Open Space. (Case 08- 038Z /PDP /PP) Summary Ordinance 14 -12 is a request for review and approval of a rezoning with preliminary development plan from R and R -1 to Planned Unit Development District (Wellington Reserve PUD) and a preliminary plat for 18.5 acres to establish a 28 lot single - family detached residential development with 3.5 acres of open space. Update This application was postponed from first reading at the February 27, 2012 Council meeting because the applicant needed additional time to make modifications to the proposed access for the future development of the adjacent parcel to the west. Background Several development applications for this site have been submitted since 2003. None have been acted upon by the Commission or City Council, primarily because of development challenges created by the shape and character of the site and issues raised by nearby residents. The current application was first filed in 2008 as a condominium development. The applicant withdrew from the Planning and Zoning Commission on June 19, 2008. Subsequent to that application, the applicant contacted the City regarding any interest in purchasing the property for parkland, however, City Council has not pursued this option. Description Preliminary Plat The proposed preliminary plat subdivides 18.545 of land into 28 single - family lots and 3.5 acres of open space. The plat also provides rights -of -way for Wellington Reserve Drive, Ballybridge Drive and Brand Road. The preliminary plat correctly shows all setback requirements and all information required by the Subdivision Regulations. The Zoning Code requires the dedication of 1.9 acres of open space and Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 8, 2012 Page 2of5 the proposal contains 3.5 acres. The plat indicates that the open space areas will be owned by the City of Dublin and maintained by a forced /funded homeowners association. Pre /immary Development Plan The proposed plan shows a new intersection and turn lane at Brand Road near the east edge of the site. A new public road, Wellington Reserve Drive, will extend west north and west from Brand Road to provide access to all lots. Ballybridge Drive, which parallels Brand Road, in the Wellington Place subdivision, will be extended west to connect with the new Wellington Reserve Drive. The plan was revised following action by at the Planning and Zoning Commission to provide right -of -way for a potential future extension of Ballybridge Drive to provide access should the parcel to the west be developed. Since the future development of the parcel is unknown, Engineering suggested that the applicant only provide the right -of -way but not install the street stub. The area will be seeded and will be delineated on the final development plan. The proposal includes 3.5 acres of open space along Brand Road, which will accommodate a portion of the site's stormwater management. Six lots are on the north side of the open space, with Wellington Reserve Drive as a single - loaded street which extends toward the north and terminates with a cul -de -sac. Development Text Proposed Development Text The proposed preliminary development plan includes specific requirements that address the zoning and development details for this PUD. Use /Density /Lot Sizes The development text permits single - family detached homes, open spaces and related park features. This development is intended to mirror the development pattern of the surrounding neighborhoods. The minimum 12,000 square foot lots are slightly larger than those adjacent to the proposal. Required lot width at the building line is 90 feet and required minimum lot depth is 140 feet. Setbacks The Community Plan requires setbacks ranging from 60 to 100 feet and the development text requires a 100 -foot setback from Brand Road. The lot setbacks stipulate a 10 -foot wide Build - Zone starting 20 feet from the right -of -way. A portion of the home is required to be within this Build -Zone. Rear yard setbacks at 30 and 40 feet coincide with a proposed Tree Enhancement Zone to provide additional buffering for the existing development; lots 1 -7, and 20 -28 are shown at 30 feet, and lots 8 -18 are shown at 40 feet. Required side yard setbacks for buildings are a minimum of six feet on one side, with a total of 14 feet. Traffic and Access Discussion regarding the traffic impacts of the proposal at the Planning and Zoning Commission review focused on site access and the extension of Ballybridge Drive. Questions were raised as to Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 8, 2012 Page 3of5 whether a separate access point is warranted or if the proposed development can be served solely by an extension of Ballybridge Drive. Providing adequate connections to this development is important to control the access along Brand Road and provide residents with better connected neighborhoods through the street network. The Fire Code requires a separate access point for Wellington Reserve. Although a suggestion was made to access the new lots from the existing Coventry Woods Boulevard /Brand Road intersection, this connection would not meet Fire Code requirements. Having the Brand Road access and extending Ballybridge Drive will allow both neighborhoods to meet Fire Code requirements. The modification that required the postponement was related to a previously shown street stub at the northwest edge of Wellington Reserve. The shape of the parcel immediately to the west of Wellington Reserve and its proximity to the Brand /Coffman Road intersection makes it likely that access to reach Brand Road will have to be through the new Wellington Reserve Drive. The applicant has worked with Engineering to move this access to be a further extension of Ballybridge Drive and adjusted the lot lines accordingly. Sidewalks and Bikepaths A four -foot, public sidewalk is proposed along all street frontages, except as waived in the proposed development text where homes do not front the street. The proposed text also requires a three -foot private sidewalk from the front door to the driveway for every residence. The plans show that the sidewalk meets a portion of bikepath that extends south toward Brand Road to connect to the public system adjacent to the open space next to Lot 28. The City has programmed a capital improvement project to install a bikepath along this portion of Brand Road in 2013. The applicant has indicated that their anticipated construction time frame is 2012. Should the construction of this neighborhood be delayed, the City will request a financial contribution in lieu of the construction of the bikepath along Brand Road for this project's frontage. Architecture The development text describes the general character of the development as one- and two -story homes that will reflect the quality of surrounding homes. The text requires adherence to the Residential Appearance Code unless otherwise stated. The text allows shutters to be considered trim, which the Appearance Code does not permit. Permitted materials include brick, stone, wood, stucco and fiber cement siding. Trim materials permitted are wood, vinyl, EIFS, copper or fiber cement products. Colors are required to be natural and /or warm neutral colors; high - chroma colors are not permitted. The text requires similar architectural design elements and details to be consistent on all elevations and stipulates that chimneys have to be finished with masonry. The text includes a variety of two- and three -car garages, and encourages side- or rear - loaded garages. The text has also been revised to require a 30 -inch high wall or hedge in the front of homes where a courtyard is created by any size court- loaded garage. A 36 -inch hedge is also Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 8, 2012 Page 4 of S required along the entire length of the driveway adjacent to the rear of another lot for side - loaded garage to cut down on vehicle headlight trespassing. Tree Preservation The text outlines a goal to preserve as many trees in good and fair condition as possible. A tree replacement plan will be required with the final development plan. The Zoning Code requires that protected trees (trees six inches in diameter and in good or fair condition) be replaced on an inch - for -inch basis with deciduous trees. The applicant is proposing a tree waiver in the development text, which is usually granted by City Council. Specifically, the applicant requested that tree replacement be permitted on a tree - for -tree basis for removed trees between six and 24 inches. Trees larger than 24 inches would be replaced inch - for -inch per Code. The Commission requested that this provision be changed in the development text to require tree - for -tree replacement for trees between six and 12 inches. The applicant is also proposing to allow evergreens as replacement trees, which is supported by Planning. The applicant has worked with Planning to address tree preservation and buffering from adjacent neighborhoods. As indicated on the preliminary tree survey, the rear yards of the majority of homes along the eastern property line have very few protected trees. Since substantial grading will be required for stormwater management within this area, the applicant is proposing a 30 -foot Tree Enhancement Zone along the rear property line of these lots. The intent of this zone is to provide an area for reforestation with deciduous and evergreen replacement trees to reestablish or recreate a tree row buffer that will be affected by the stormwater improvements. Open Space and Landscaping The plan includes 3.5 acres of open space and the development text states that this open space will be owned by the City. The applicant will be responsible for the landscaping of the open space areas and the homeowners association will be responsible for maintenance. The text includes details regarding the natural, passive landscaping intent of the proposed open space including language regarding the roadway character landscape requirements in the Community Plan with a Brand Road landscape treatment and the required natural woodland effect with deciduous trees and shrubs, ornamental trees and perennials or a combination thereof. The text requires that the dry portions of the stormwater basin be landscaped with water tolerant meadow grasses, perennials, shrubs and trees planted in a natural manner to continue the woodland effect. Details for open space landscaping will be required at the final development plan. Utilities and Stormwater Management The site will connect to the public sanitary sewer intended to serve this area by constructing new sewer mains to existing sanitary sewers in Wellington Place. New public water mains and fire hydrants will be constructed to connect to existing water mains located along the north side of Ballybridge Drive and the south side of Brand Road. To accommodate anticipated stormwater drainage, and to meet the requirements of the Stormwater Code, the applicant will install a public storm sewer system that will connect to the proposed dry detention basin. Several catch basins will be installed along the eastern property Memo re. Ordinance 14 -12 Rezoning with Preliminary Development Plan /Preliminary Plat Wellington Reserve PUD March 8, 2012 Page S of S boundary to intercept existing overland drainage. This should improve ponding conditions that are present in the vicinity. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission first reviewed this application at the October 6, 2012 meeting and recommended approval of the rezoning and preliminary development plan to City Council on January 5, 2012 with the conditions listed below. Conditions 1, 3, 4, 9, and 10 will be monitored and /or addressed at the final development plan /final plat stage. All other conditions have been addressed as part of this submittal. Rezoning /Preliminary Development Plan Conditions 1) That the developer be required to notify the future property owners in the northern part of this site regarding the possible future road extension; 2) That the development text be modified to clarify the proposed landscape buffer planted within the tree enhancement zone of Lots 1 through 18 will be installed by the developer and maintained by the individual homeowners; 3) That, if deemed appropriate by the City Engineer, in lieu of constructing the multi -use path along Brand Road, the applicant contribute financially to the City's Brand Road Multi -use path installation; 4) That the applicant install an off -site left turn lane from Brand Road to Wellington Reserve Drive as recommended by the traffic study, to the satisfaction of the City Engineer; 5) That the development text be revised to duplicate the fence restrictions of the surrounding neighborhoods; 6) That the development text and plans be updated to indicate multi -use paths instead of bikepaths; 7) That the tree replacement language in the development text be revised to require inch -for- inch replacement for trees 12 inches and greater; 8) That the text clarify that any supplemental plantings within the Tree Enhancement Zone shall not be counted toward required replacement trees; 9) That the details of plantings within the proposed Landscape Buffer be reviewed and approved at the final development plan stage to ensure existing trees are preserved where possible and incorporated into the buffer; and 10) That the developer work with the residents to the south of the proposed access point to provide a landscape screen, subject to approval by Planning. Recommendation Planning recommends City Council approval of Ordinance 14 -12 at the second reading /public hearing on March 26, 2012. RECORD OF ORDINANCES Leal Blank. Inc. — Form Ye.. = 4043_ — Ordinance No 14 -12 Passed 70 AN ORDINANCE REZONING APPROXIMATELY 18.5 ACRES, LOCATED ON THE NORTH SIDE OF BRAND ROAD, APPROXIMATELY 700 FEET WEST OF COVENTRY WOODS DRIVE FROM R AND R -1 TO PLANNED UNIT DEVELOPMENT DISTRICT (WELLINGTON RESERVE PUD) TO ESTABLISH A 28 LOT SINGLE - FAMILY DETACHED RESIDENTIAL DEVELOPMENT AND 3.6 ACRES OF OPEN SPACE. (CASE 08- 038Z /PDP /PP) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The following described real estate, (see attached legal description), 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 . The application, including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance there within. Section 3 . This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this day of 2012. Mayor - Presiding Officer ATTEST: Clerk of Council PUBLIC COMMENT `a6` v i Claudia Husak - Wellington Reserve From: Claudia Husak To: rongeese @yahoo.com Date: 1/30/2012 10:16 AM Subject: Wellington Reserve Mr. Geese, in response to you voicemail, I wanted to let you know that the material available online for the Wellington Reserve project are for the rezoning /preliminary development plan and this stage in the process does not require detailed landscape plans. The applicant will have to prepare a final development plan for approval to the Planning and Zoning Commission and at that stage, a detailed landscape plan with material types and sizes is required. I can assure you that the Brand Road entry area will be landscaped. As for the dry detention, the applicant is adhering to the Community Plan that calls for the installation of informal landscape designs to enhance the natural character along the river corridor, the use of swales and berms to blend with the surrounding character and woodland plantings and the incorporation of land forms to create topographic change. Claudia Licmiuics iu3ure� r Planner II City of Dublin Planning 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 direct 614.410.4675 chusak @dublin.oh.us www.dublinohiousa.gov wkv�,v.tv�oitter.com /dublinohio www.facebook.com /dublinohio file:/ /C:\Documents and Settings \husacd \Local Settings\ Temp \XPgrpwise \4F266EOODublin... 2/3/2012 PUBLIC COMMENT Claudia Husak - Fwd: Case 08 -038 From: Claudia Husak To: thiergt @yahoo.com Date: 1/17/2012 8:49 AM Subject: Fwd: Case 08 -038 Ms. Price, Page 1 of 2 I've spoken to the City's Nature Education Coordinator about your concerns and she acknowledged your concerns regarding the wildlife population. She stated that animals will clearly be displaced due to impending development but also noted that while habit is being destroyed new habitat is being created with the generous setbacks and landscape areas that are part of the proposal. She said that the displacement is typically short- lived and that the animals are quite resilient in adapting to or finding new habitat. Hope this helps! Claudia 1audia Ht linner II ;ity of Dublin Planning 5800 Shier Rings Road Dublin, Ohio 43016 phone 614.410.4600 direct 614.410.4675 chusak @dublin.oh.us www.dublinohiousa.gov www.twitter.com /dublinohio wwv�.fa(7.ebook.con, /dublinohio >>> Claudia Husak 1/12/2012 2:00 PM >>> Thank you for contacting the City of Dublin regarding the Wellington Reserve proposal. The Zoning Code does not require an Environmental Study as part of the application materials. I've contacted the City's Nature Education Coordinator to receive additional information. Sincerely, Claudia Husak, AICP Planner II tile: //C:\Documents and Settings \husacd \Local Settings\ Temp \XPgipwise \4F1535FFDubli.. 1/17/2012 PUBLIC COMMENT Claudia Husak - Cleaning up of debris within Wellington Reserve From: Justin Bird <JBird @castoinfo.com> To: "'chusak @dublin.oh.us "' <chusak @dublin.oh.us> Date: 1/11/2012 2:40 PM Subject: Cleaning up of debris within Wellington Reserve Claudia, Page t of 1 Kim Shepherd, a resident of Sheffield Place, had brought to the Planning and Zoning Commission's attention during last Thursday's meeting that some illegal dumping had occured on the Wellington Reserve site located on Brand Road. On behalf of Casto, I wanted to let you know that this has since been cleaned up and the crude play equipment located along the eastern property line removed. Kind Regards, Justin Bird CAS:O 1 +y Gvest ivauonwiue Blvd, Suite 200 1 Columbus, OH 43215 (c) (,14.214 -2358 (t) 1 814.744 -2008 (f) 1 614.229 -4330 castoinfo.com file: / /C: \Documents and Settings\husacd \Local Settings \Temp\XPgipwise \4FOD9F6CDubl... 1/12/2012 PUBLIC CONTENT January 5, 2012 Ms. Marsha Grigsby Dublin City Manager 5200 Emerald Parkway Dublin, Ohio 43017 Ms. Cathy Boring Dublin City Council 5200 Emerald Parkway Dublin, Ohio 43017 Ms. Claudia Husak AICP, Planner II City of Dublin 5800 Shier -Rings Road Dublin, Ohio 43016 City of Dublin Planning and Zoning Commissioners 5200 Emerald Parkway Dublin, Ohio 43017 Re: Case #08- 038Z /PDP /PP — Wellington Reserve We write on behalf of the residents of the Brandon and Wellington Place subdivisions to express our opposition to the proposed development of 18.5 acres north of Brand Road, situated approximately 1,000 feet east of the intersection with Coffman Road ("Wellington Reserve "). As you know, we appeared before Dublin Planning and Zoning Commission (the "Commission') on October 6, 2011 to express our concerns regarding Wellington Reserve. We greatly appreciated the opportunity to present our issues and hear the thoughts of staff, the applicant, our neighbors on Brand Rd., as well as those of the individual commissioners. We are fortunate to live in a community that allows for such an open public forum. While we welcome some of the concessions that have been made by the applicant regarding rear yard setbacks, maximum lot coverage and hedge requirements for side - loaded garages, we collectively believe that both bigger picture and more detailed issues remain unaddressed or unresolved. As a result, we cannot support the development of Wellington Reserve as currently proposed. First, we believe piecemeal development is not sound long range planning and is detrimental to the City and its residents. Both City staff and the developer have admitted that this L- shaped parcel presents challenges in its development. In one of the worst new -build housing markets in American history, it is difficult for us to understand why the City would sacrifice the aesthetics and rural character of Brand Road, responsible planning and a comprehensive approach in exchange for an individual developer to turn a profit on what he has referred to as one of the last remaining pieces of developable land currently in the highly regarded Dublin Coffman School District. In addition, creating another curb cut along a narrow and well - traveled Brand Road presents visibility, safety and traffic issues that are already a concern to residents in the surrounding neighborhoods, especially with two existing high - volume intersections at Brand Road and Coffman Road and Brand Road PUBLIC COMMENT and Coventry Woods Drive. When coupled with the large tracts of land to the west of the proposed Wellington Reserve development and the commissioners expressed desire to review the adopted 2012- 2016 Capital Improvements Program with respect to the installation and preliminary engineering of an imminent roundabout at the intersection of Brand Road and Coffrnan Road, hastily forcing another curb cut and development onto such a busy thoroughfare does not comport with a comprehensive roadway traffic and safety study typically found in municipalities' long range planning goals. With the bigger picture issues outlined above, it is important to also note that virtually every homeowner on Ballybridge Drive, Katesbridge Court, Kilbrittain Lane (each, part of the Wellington Place subdivision) and Reddington Court (in the Brandon subdivision) who backs up to the proposed Wellington Reserve has unique issues that they would like to see satisfactorily addressed by City staff, the applicant and the Commission. Such issues include the following: 1. Ballybridge Drive: Residents of Ballybridge Drive are concerned with the currently proposed setbacks for lots 1 -5. As stated in the City Planning Report dated January 5. 2012, "The Community Plan Identifies Brand Road between Dublin Road and Muirfield Drive as River Character... with modest setbacks ranging from 60 to 100 feet." Also stated in the summary is the assertion that the proposed development "will safeguard the value of the property within and adjacent to the area" and "strives to maintain the existing development patterns." While the residents of Ballybridge Drive are opposed to the development as a whole, if approval of Wellington Reserve were to occur, we respectfully request that one lot be eliminated from the proposed lots I -5 and the remaining four lots be developed consistent with those existing homes situated on the southern side of Brand Road. Each of these houses includes a generous setback and long driveways, as evidenced by 4805 Brand Road, which has been the only development permitted along this portion of Brand Road in the last 15 years. This can be accomplished on the north side of Brand Road as well by eliminating the initial bend in the curb and moving the entrance to Wellington Reserve to the west. Such layout would be consistent with the Community Plan and provide the residents of Ballybridge much needed relief from the curb cut and setbacks currently proposed by the applicant. In its current state, such a development would lead to dramatically decreased rear -yard setbacks, increased drainage problems and a degradation of Brand Road's rural character. Examples are included for your convenience as Exhibits A and B. 2. Katesbridge Court and Kilbrittain Lane: The residents of Katesbridge Court and Kilbrittain Lane, while also opposed to the development as a whole in its current state, believe that should Wellington Reserve ultimately be approved, drainage problems, rear -yard setbacks and tree enhancement/preservation must be addressed in a more satisfactory manner than what the applicant currently proposes. a. Drainage: Drainage is a major issue for many of the residents of Kilbrittain Lane and Katesbridge Court, with serious flooding of backyards occurring as the water runs from the land currently proposed to be developed. It is our belief that the defective design of certain lots and corresponding engineering issues have led to this problem. With additional development looming, we know that additional runoff is a distinct possibility, potentially exacerbating the problem. We would ask that a reasonable escrow be established by the developer and that the City engineer work with the developer's engineer to address such issues. Pictures of such flooding experienced by the homeowners at 7502 Kilbrittain Lane are attached Exhibit C. PUBLIC COMMENT b. Rear -Yard Setbacks: We appreciate the applicant's willingness to increase the proposed rear -yard setbacks from 20 feet to 40 feet. We originally asked for 75 feet along Kilbrittain Lane and Katesbridge Court. Given the significant depth of the proposed lots 7 -16 adjacent to Kilbrittain Lane and Katesbridge Court, we respectfully request that a 50 foot rear -yard setback be adopted by the Commission. With a 20 -30 foot build -to zone and a developer- suggested house footprint of 60 feet in depth, we believe that a 50 foot rear -yard setback is a reasonable request and compromise. This would still provide new homeowners with adequate space to build a deck, patio or other permitted accessory. c. Tree Enhancement Zone/Buffer: We are pleased with the applicant's willingness to provide a 75% opacity with "plant material" within two years of installation within the tree enhancement zone for lots 1 -18. We are concerned, however, with the vagueness of the term "plant material" and the condition in the Planning Report which states that the landscape buffer be installed by the developer and maintained by (emphasis added) the individual homeowners. We believe that the developer should be required to post a performance bond and/or contribute a reasonable amount to an escrow established by the developer for replacement of any trees in the tree enhancement zone that may die within a reasonable period following installation of such trees, as determined by the Commission. Otherwise, enforcement between neighbors becomes difficult when ultimate responsibility should rest with the developer. It must also be noted that the residents of Ballybridge Drive concur with the sentiments listed in items 2(a) -(c) above. 3. Reddington Court: During the summer of 2005, 156 Brandon homeowners were approached regarding the potential development by Edwards Land Company ( "Edwards ") of the subject 18 acre site. A total of 150 of these homeowners were opposed to Edwards proposed 28 lot development which had many similarities to the Wellington Reserve plan being put forth. The current developer originally proposed a rear setback or no build restriction of 30 feet for lots 16, 17, and 18. This is the same no build restriction offered in the Edwards development plan from 2005. The Brandon homeowners expressed their vocal opposition to the 30 foot setback in 2005, and are united in opposition with the current plan. Further, the Brandon homeowners respectfully request a "do not disturb" restriction of 200 feet for lots 16, 17, and 18 in order to preserve the heavily wooded natural state of this area of the site, create a sufficient buffer to prevent crowding between the houses of adjoining Brandon and Wellington Reserve neighbors and prevent the inevitable deforestation of this portion of the site in the absence of a 200 foot restriction. The Brandon homeowners would make the following suggestion as a way to provide a solution to the 200 foot "do not disturb" restriction at the rear of lots 16, 17, and 18: lot 19 and lot 15 should be eliminated, moving the street which runs east and west a total of 148 feet to the south (the width of lot 19). This would cause lots 16, 17, and 18 to be 148 feet deeper than on the development plan. The developer has offered on the latest plan, a 40 foot "no build" restriction across the rear of 16, 17, and 18. By making these lots 148 feet deeper, a "do not disturb" restriction of 188 feet (40 feet + 148 feet) could be created at the rear of lots 16, 17, and 18. There is also sufficient acreage immediately south of current lot 28 to replace one of the two lots (lots 15 and 19) being eliminated. PUBLIC COMMENT Finally, the current proposed development plan does not call for a fence prohibition, as required by the covenants in both the Brandon and Wellington Place subdivisions. We are requesting that Wellington Reserve covenants also prohibit fencing, consistent with the surrounding neighborhoods. We appreciate your willingness to listen to our concerns as residents of the Dublin community and thank you for your attention and concern over the development of this property. Sincerely, ` �Wf Frank Fraas Brandon Association Trustee Roger Reeves Spokesperson for Adjacent Brandon Homeowners C"0040' Collette Feldmann Spokesperson for Adjacent Ballybridge Homeowners Frank Pagnatta Wellington Place Association Trustee Michael Ensminger Spokesperson for Adjacent Kilbrittain Lane and Katesbridge Court Homeowners 0 Exhib E} PUBLIC COMMENT an awlspw►a 8r sand. PUBLIC COMMENT ;-=VWRlr C'. (1/5/2012) Claudia Husak - Contact PZ PUBLIC COMMENT From: < davejenkins @rpmsupplycorp.com> To: <chusak @dublin.oh.us> Date: 1/4/2012 9:15 PM Subject: Contact PZ Date: Jan 04, 2012 Time: 08:19 31 PM Topic: 5144 and 5056 Brand Rd rezoning Comments: I am Dave Jenkins and I have lived on Brand Rd. across the street from this site for over 30 years.) would hope this commission would keep the rural and scenic feel of Brand Rd. with a limited number of houses facing Brand Rd. with at least a 130 ft set back.) believe there should only be four houses facing Brand Rd with wider lots. I would also like wet ponds vs dry retention ponds.) would hope there would be alot of landscaping to screen the houses from Brand Rd. I would hope the starting price point would be in the $400,000 's Would_ You Like_A ?: Yes Name Dave Jenkins Address: 5071 Brand Rd. City-State-Zip Dublin ,Ohio 43017 Phone 614 - 889 -5533 emai`• davejenkins @ ~pmsupplycorp.com utma. 186847161584950538 1325758304.1325766510 1325768952.5 _utmzr 18684716 1325758304.1.1. utmccn=( direct)lutmcsr= (direct)lutmcmd= (none) utmc: 18684716 Page 1 Sender's IP address: 24.160.175.247 (1/5/2012) Claudia Husak - Contact P� PUBLIC COMMENT From: < rogerjacobs @wowway com> To: <chusak @dublin.oh.us> Date: 1/4/2012 12:29 AM Subject: Contact PZ Date: Jan 04, 2012 Time: 12:06:58 AM Topic: Wellington Reserve Comments: My name is Roger Jacobs. I have resided in Wellington Place for the past 13 years and have attended many meetings held on the subject property throughout the years. If you look at where my house is situated, you might say I am at "ground zero" for any construction which may occur on this awkward piece of land and am thankful that you have allowed me to live in peace for so long. I am writing because I am frankly very concerned about how this approval has proceeded. It was my belief that hearings were to be held to determine whether a zoning change would be approved for the land in question (from "Rural" zoning to something else which would allow more dense development). Instead, what I have been hearing is a discussion back and forth as to the details of the development; drainage, driveways, trees, Brand access, etc. (concerns which I share by the way) as though it is a foregone conclusion that if the developer presents a plan which meets the requirements of the NEW zoning, it would be approved. Isn't this putting the cart before the horse? Isn't the question to be answered first whether or not to re -zone the property at all? It is THIS question I would like to discuss and ask, "why - what benefit would it be to the residents of Dublin and the Brand Road community specifically, to grant such a zoning change - why would Dublin (not the developer! ) need or want to shoehorn developments into every bit of open space in the community ?" The only possible answer I can think of is for the money it would bring to the city and the local economy (in the forms of taxes and spending, respectively) - maybe you can share your insights on this. But, if this is true, do we really need revenue so badly that we would sacrifice every bit of natural beauty which surrounds us? Do we really need to have subdivision after subdivision on our scenic ways? Do we need the money that badly? Well, I can tell you it doesn't do anything for me when our roads and my children's schools get overcrowded and more dangerous year after year, and it certainly doesn't benefit me at all to have my taxes increase year after year to try to contain it all! I implore you, before we ask the question of how the developer might satisfy the requirements of new zoning, please ask (and answer) the question of how such a development (and the general practice of developing every bit of land we can) benefit Dublin as a whole - we know how it will benefit the developers. Thank you. Sincerely, Roger Jacobs Would_You_Like_A Response ?: No Name: Roger Jacobs Address: 5065 Ballybridge Dr. City- State -Zip: Dublin /01-1/43017 Phone: 614 - 314 -2709 email: rogerjacobs @wowway.com Page 1 PUBLIC.�OMMENT October 6, 2011 Ms. Marsha Grigsby Dublin City Manager 5200 Emerald Parkway Dublin, Ohio 43017 Ms. Cathy Boring Dublin City Council 5200 Emerald Parkway Dublin, Ohio 43017 Ms. Claudia Husak AICP, Planner 11 City of Dublin 5800 Shier -Rings Road Dublin, Ohio 43016 City of Dublin Planning and Zoning Commissioners 5200 Emerald Parkway Dublin, Ohio 43017 Re: Case #08- 0382 /PDP /PP — Wellington Reserve We write on behalf of the residents of the Brandon and Wellington Place subdivisions regarding the proposed development of 18.5 acres north of Brand Road, situated approximately 1,000 feet east of the intersection with Coffman Road. As you know, development of the above- referenced acreage has been proposed several times over the last decade by different entities. Prospective and past developers, as well as planning and zoning staff from the City of Dublin, have admitted that this property presents several unique development challenges. First, the L -shape of the combined parcels makes it difficult for developers to build the number of dwellings necessary to be profitable. Second, the heavily wooded character of the land requires developers to thoughtfully address the City's parkland, open space, setback and tree replacement requirements, all of which have contributed to the preserved aesthetic and natural beauty for which the City is so revered. "Third, each of these past plans has faced vocal opposition from the Brandon and Wellington Place residents. While representatives of the Brandon and Wellington Place Homeowners' Associations have met with Mr. Charles Ruma, the prospective purchaser of the land and Mr. Ben Hale, the attorney representing Casto, the current landowner, both associations were a bit taken aback by the lack of advanced notice provided by the applicant and the proposed developer. In our opinion, one week is simply not enough time for hundreds of homeowners to develop a coordinated response to a plan the applicant submitted to the City nearly three months ago. In 2005, more than 300 homeowners from the Brandon and Wellington Place subdivisions sent a letter to the City requesting that ie p s at issue be purchased by the City to be dedicated as parkland. It is our understanding that the City is no longer considering the potential acquisition of this property. The residents, though disappointed, understand that the parkland option is no longer viable in the eyes of the City. Fo? lowing an expedited review of the application packet, it is evident, however, that several PUBLIC COMMENT concerns remain regarding the proposed development. As a result, the Brandon and Wellington Place homeowners respectfully, but ardently, submit our concerns, requests and objections to the development proposal in its current state. As we have done in the past, having stated our objection to the proposal, we would like to make you aware of our concerns, in addition to those previously communicated to the City by the residents of Ballybridge Drive, should Planning Commission and City Council approve the rezoning and development plan. We are entirely opposed to the 20 -foot, or even 25 -foot rear yard setbacks as currently proposed. It is our understanding that Mr. Ruma, the prospective purchaser, has committed to providing up to a 40 -foot rear yard setback for at least one of the lots adjacent to the Brandon properties. We believe that, due to the sizeable depth of the proposed lots, a minimum 50 -foot rear -yard setback is warranted for all lots adjacent to the west edge of Wellington Place. We respectfully request that at least a significant portion of such rear -yard setback be adopted as a wildlife /tree preservation or no disturb zone and that such a zone be made a restrictive covenant on all deeds for the new parcels. This property is heavily wooded and houses a variety of wildlife. Such a zone would also create a natural privacy barrier, benefiting the existing Wellington Place residents, as well as any future homeowners in Wellington Reserve. Where existing trees or plants or trees that are deemed to be in poor condition are insufficient to create such a barrier, the affected Wellington Place homeowners would request that the developer be responsible for planting staggered fir trees or other comparable coniferous trees to create a suitable barrier between the existing homes and the proposed lots. The developer's tree preservation component, including the request for a tree replacement waiver, is totally unacceptable to the homeowners, and we would hope that the Planning and Zoning Division, and the City Administration would agree with the unacceptability of this component of the proposal. We believe that the developer, and not the future homeowners, should be accountable for tree replacement in a manner consistent with City code. Such adherence to the minimum code requirements will ensure that mature trees are preserved, thereby minimizing the number of nascent trees that will take years to develop. Additionally, we would request that the developer commit to planting a variety of trees, including a suitable number of 2.5 -3" caliper trees and 6" caliper trees around the retention pond(s) along Brand Road to maintain a natural, woods -like setting similar to the entrances of a majority of the surrounding subdivisions in the City. 3. The adjacent Brandon homeowners, including those property owners further to the west along Reddington Drive in Brandon would strongly prefer to see lots 16, 17 and 18 moved further to the south, allowing for the future street which is stubbed off at the end of the northern most boulevard /court to also be moved further to the south. Additionally, the homeowners want a park reserve with no disturb restrictions of at least 200 -feet in depth to be provided at the northern edge of the parcel and the court to be eliminated. 'I his would allow for the future continuance of the reserve for adjacent properties further to the west, and also allow for the preservation of many landmark, and 24 inch plus trees presently located within this proposed park reserve. 4. We heartily agree with City staffs recommendation to reduce the grade difference to more closely match the elevation and grade of the Brandon and Wellington Place properties. As drafted, the development text permits these new houses to be built at a grade up to 10 feet higher than the existing houses. Many of the Wellington Place residents, both on the western and southern edges of the subdivision, already have severe drainage problems, which results in PUBLIC COMMENT unacceptable flooding of their backyards. City staff has recommended as a condition for approval that the grade difference be reduced to more closely match our elevation. However, this language is very ambiguous. We request that the elevations of the proposed lots are required to be comparable to the existing homes in Wellington Place. Further, the developer should be required to escrow funds to fix drainage problems that may surface after the homes on these lots are completed. 5. The homeowners would like to see a traffic study regarding the placement of the entrance to the development, and a study of the possibility of the Wellington Reserve entrance off of Brand Road moved between 300 and 400 feet to the west in order to reduce congestion relative to the Wellington Place and Coventry Woods entrances. 6. We are requesting that the plan includes staggered lots so as not to line up their locations with the existing homes in Wellington Place and Brandon. While some lots are staggered, there are a number of proposed lots that line up almost exactly with several existing homes. 7. We support the recommendation of City staff that the one -foot driveway setback for side - loaded garages and the rear - loaded garage language be eliminated. We appreciate your willingness to listen to our concerns as residents of the Dublin community and thank you for your attention and concern over the development of this property. Sincerely, rce*v L Brandon Association Trustees Wellington Place Association Trustees Roger Reeves Michael Ensminger Spokesperson for Adjacent Brandon Spokesperson for Adjacent Wellington Place Homeowners Homeowners PUBLIC COMMENT Page 1 of l Claudia Husak - Re: Wellington Reserve From: Claudia Husak To: Beth @BethSutor.com Date: 10/12/20119:41 AM Subject: Re: Wellington Reserve Thank you for your comments. We will forward this correspondence to the Planning and Zoning Commission as part of the next review of the Wellington Reserve proposal. Our Engineering staff will be working with the applicant to further evaluate the street connections and proposed intersections of the proposal based on public comments and comments from the Commissioners. At this point, we do not have a scheduled date for the next Commission review of the project, but you will be notified of the next hearing. Claudia D. Husak, AICP Planner II City of Dublin Planning 5800 Shier Rings Road Dublin, Ohio 43016 phone 614 410.4600 direct 614 410.4675 chusak @dublin.oh.us www.dublinohiousa.gov www.twitter.com/dublinohio www.facebook.com/dublinohio >>> <Beth@ BethSuto r.com > 10/7/20119:48 AM >>> Claudia Thank you for allowing us to speak at the meeting last night. I am a resident of Wellington Place on the North side of Ballybridge Dr. 5042 is my house number. I have attended all of the meetings in regards to this project. It has come a long way with the discussions. I have a few concerns that I would like to mention. Ballybridge Dr is a very quiet street with little traffic. My concern is that the street is not wide enough to allow this to be the only entrance in to the new development. I feel that this new project needs to have it's own entrance off of Brand and feel that some traffic studies would be a good idea. A school bus has trouble getting through when there are cars parked on the street, so a fire truck would have the same problem. My other concern is that cars from Wellington Place would use this as an exit onto Brand Rd also increasing the traffic on Ballybridge Dr. I have lived here 15 yrs and have loved this street being just for those who live here. My other concern is with a declining Real Estate market and other housing developments just sitting why would we need another one just sitting? The price point of this project is not one that file://CADocumentS and SettingAhusacd \Local Settings \Temp \XPgrpwise \4E9560D4Dub.. 10/21 /2011 PUBLIC COMMENT r age 2 of 2 is moving quickly and don't want to see dirt and empty lots with signs on them. If Brand Rd is to be a scenic road I feel keeping is natural is more appealing then a plot of houses. Do we really need to put a house on every inch on land in Dublin. We have house that are not moving why add more to the mix. Thank you for your time and I look forward to hearing from you with answers to my concerns. Beth Sutor 5042 Ballybridge Dr 614- 793 -1160 fileWCADocuments and Settings \husacd \Local Settings \Temp\XPgrpwise \4E9560D4Dub... 10/21/2011 PUBLIC COMMENT October 2. 2011 The City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 Dear Planning and Zoning Commission Members and City Planner, Claudia Husak, As homeowners on Ballybridge Dr whose backyards fall adjacent to the proposed zoning change from R- 1 to PUD, we have serious concerns about the proposed Wellington Reserve development by Casto Historically when developments have been proposed there has been the opportunity for public review and comments to consider community concerns for rezoning of this magnitude. Although public records show that Casto submitted this application to P &Z on July 11, we were only notified of this proposed zoning change and development on Sept 23, 2011 by the City of Dublin and have not been contacted by Casto at all. While the developer and attorney did meet with two members from our Home Owners Association, this was not a public meeting nor were property owners invited to participate. We respectfully request that this issue be tabled for at least 30 days until such time that a public meeting with residents of Ballybridge Dr as recommended by Dublin Planning and Zoning can occur. See condition number 1 of P&Z's conditional recommendation. While P &Z has noted that previous development plans have not been acted on partially due to vocal opposition by adjacent property owners, we are not opposed to any and all future development. Our three main concerns that have not been addressed are: 1. The set -back requirement from Brand Road which is inconsistent with other Brand Road developments, and which requires lot depths which are considerably shorter than other lots within the Wellington Reserve development, thereby pushing homes and out - structures unnecessarily close to present properties. 2 The continued drainage problems along the Southern side of Ballybridge Dr. that will likely worsen 3 The need to maintain a natural visual barrier of trees and /or additional landscaping especially in the event that our current trees are stressed or remo during construction. Respectfully, Roger Jacobs a an \nd d ' Alb nsky (f Martin and Co Feldmann e and n ung F Onken Michael and Michelle Orzo O f � V Brett anATracy Ingram a- IkAv "' Set -back Comparisons Neighborhood Points of Estimated Measurement Estimated Distance in Feet "Roadway Character" Shannon Glen Brand Road to edge of cul -de -sac -80 Dublin Model Brand Road to edge of street -135 Dublin Model Quinn Abbey Brand Road to edge of cul -de -sac -75 Dublin Model Brand Road to edge of street -145 Dublin Model Wellington Place Brand Road to edge to home -115 River Brand Road to edge of cul -de -sac -175 River River Character http: / /www.dublin.oh.us /planning/ community /roadwaycharacter /dver.php Dublin Model Character http. / /www.dublin.oh.us /planning/ community/roadwaycharacter /dublin.php Question Raised Why is a farther set -back (130') being required for this subdivision than is required for the other Brand Road subdivisions noted above "0 C= CXII II- C7 C7 O M z Set -back Range (in Feet) at least 100' at least 100' at least 100' at least 100' 60 -100' 60 -100' C r C> C7 O 3c 3c m z ;9130/2011) planningcases - 08 -038 RESIMENT COMMENT From: <cbsnider @aol.com> To: <planningcases @dublin.oh.us> Date: 9/26/2011 2:27 PM Subject: 08 -038 comments: There are TOO many homes for this area, TOO compacted for the land which also creates too much traffic in Wellington Place and on Brand Rd. Why isn't the pond in the lowest lying area in the back CORNER with more green space and a park? This is where wildlife nests and where it backs up to TWO neighborhoods, Reddington Ct. and Katesbridge Ct. We do not approve of the present proposal for use of this land. The housing is TOO dense. name: snider email: cbsnider @aol.com utma: 18684716.1185509077.1314935330 .1314935330.1317060728.2 _utmz: 18684716 .1314935590.1.2.utmccn= (organic)lutmcsr= googlelutmctr= dublin ohio mosquito fogging 2011(utmcmd= organic utmb: 18684716 utmc: 18684716 Sender's IP address: 75.185.83.148 Page 1 PUBLIC COMMENT Our names are Julie Hubler and Lloyd Hubler. We have lived at 5025 Brand Road, Dublin, Ohio 43017 for the past 13 years if we correctly understand the developer's proposal and proposed preliminary plat layout, as presented on the City of Dublin website, we are deeply concerned about the proposed development from a traffic safety standpoint We have several concerns that we would like to address. The preliminary plat shows the entrance to the new subdivision being located directly across from our driveway. Based upon our experience, this is a very dangerous location for an intersection where cars will be turning on and off of Brand Road. Due to the curve in Brand Road west of our driveway, the visibility of cars approaching from the west is poor. Visibility from an intersection across the street would be even worse since that would be on the inside of the curve. Surely, the City is already aware of these visibility issues and safety problems. In addition to the curve, the speed and volume of traffic on Brand Road makes the idea of adding another intersection as proposed a dangerous one. Traffic speed generally exceeds the posted 35- mile - per -hour limit by a wide margin. In fact, serious consideration should be given to reducing the speed on Brand Road to 25 miles per hour for safety reasons. The stretch of Brand Road in front of our property is particularly treacherous. Every year since we have lived on Brand Road, we have had countless cars ending up in our front yard or the ditch in front of our house. Cars have even overturned in these accidents. In addition, we have observed numerous other accidents both west and east of our property as well as across the street due to cars driving off the roadway and striking telephone poles, fire hydrants, and trees. An added hazard in this area is the herd of deer, which frequently cross back and forth over Brand Road in this vicinity and have been struck by cars on several occasions since we have lived in this home. Surely, the City is aware of the treacherous nature of Brand Rd. As long time Dublin residents, we are surprised by this proposal which involves having an additional curb cut/entrance right on Brand Rd. It is our understanding that the City of Dublin has had a longstanding commitment to keep Brand Road's scenic character. In fact, we understood that the reason our house was not permitted to have its own driveway curb cut, but had to share the entrance with our neighbors, was that the City of Dublin did not allow an additional curb cut on Brand Road. In short, due to the obvious traffic hazard, the proposed plat must be revised to eliminate the street intersection with Brand Road. Thank you for your consideration and attention to our concerns. PUBLIC COMMENT Claudia Husak - Wellington Place - Existing Drainage Issue - M. Ensminger From: Mike Ensminger <mike.ensminger@mac.com> To: <chusak @dublin.oh.us> Date: 10/6/2011 1:46 PM Subject: Wellington Place - Existing Drainage Issue - M. Ensminger CC: Mike Ensminger <mike.ensminger @gmail com> Claudia, Page 1 of 9 Attached are 16 photos taken this year which shows the drainage issue in our backyard. I can only believe that this will get worse with the proposed development in Wellington Reserve. I would love to talk with your engineers about this to see what can be done regardless of what ends up happening with the current application. Thanks, Mike 1 02 r 4 3 -V. W"- IMG_1657.JPG file: / /C:\Documents and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB 11 ADu... 10/21/2011 PUBLIC COMMENT 4p Page 2of9 IMG_1658.JPG file: / /CADocuments and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB 11 ADu... 10/21/2011 � PUBLIC COMMENT IMG 1660.JPG IMG_1661.JPG Page 3 of 9 file: / /C:\Documents and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB1 IADu... 10/21/2011 PUBLIC COMMENT IMG_1662.JPG Page 4 of 9 fileJ/CADocuments and Settings\husacd\Local Settings \Temp\XPgrpwise \4E8DB11ADu... 10/21/2011 PUBLIC COMMENT Page 5 of 9 file: / /CADocuments and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB11ADu... 10/21/2011 PUBLIC COMMENT Page 6 of 9 file: //CADocuments and Settings\husacd\Local Settings \Temp\XPgrpwise \4E8DB11ADu... 10/21 /2011 PUBLIC COMMENT Page 7 of 9 IMG_1669.JPG file: / /C:\Documents and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB 11 ADu... 10/21/2011 PUBLIC COMMENT W Page 8 of file:HC:\Documents and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB 11 ADu... 10/21/2011 PUBLIC COMMENT Page 9of9 file: //CADocuments and Settings\husacd \Local Settings \Temp\XPgrpwise \4E8DB11ADu... 10/21 /2011 IMG 1672.JPG 0 1 PUD V o o e e raha0 ay� cBrana PUD o e , R eddington� dington- m s Kilbrittainin.- LR o e o o L C PL — Ball ridge-Dr. C P R P Lo , = L `�Y d R -1 a p - Brand -Rd. P R 1 U PUD D o : , o R -1 LR R -1 e e o o - -_ o o e _ PLR -- FPUD� 08- 038Z /PP /PDP N City of Dublin Rezoning/ Preliminary Plat /Preliminary Development Plan A I Land Use and Wellington Reserve � Feet Long Range Planning 5144 and 5056 Brand Road 0 200 400 February 2009 PLANNING AND ZONING COMMISSION APPLICATION (Code Section 153 232) I. PLEASE CHECK THE TYPE OF APPLICATION: Land Use and Long Range Planning Saw ut- Rrisjs kuW DLhNn. On6 43D 16 -1 W36 Mom/ 7 M 614-410 Fox. 614 -41 D-747 Web Sire' www.dutikh.on.us ❑ informal Review ❑ Final Plat (Section 152.085) ® Concept Plan ❑ Conditional Use (Section 153.056(A)(1)) (Section 153.236) �} Preliminary Development Plan / Rezoning ❑ Corridor Development District (CDD) (Section 153.053) (Section 153.115) ❑ Final Development Plan ❑ Corridor Development District (CDD) Sign (Section 153.053(E)) (Section 153.115) ❑ Amended Final Development Plan ❑ Minor Subdivision (Section 153.053(E)) ❑ Standard District Rezoning ❑ Right -of -Way Encroachment (Section 153.018) ❑ Preliminary Plat ❑ Other (Please Specify): (Section 152.015) Please utilize the applicable Supplemental Application Requirements sheet for additional submittal requirements that will need to accompany this application form. II. PROPERTY INFORMATION: This section must be completed. Property Address(es): 5144 Brand Road Tax ID /Parcel Number(s): 273- 010865 273- 004538 273- 004537 Existing Land Use /Development: Undeveloped Parcel Size(s) (Acres): 18.58 acres IF APPLICABLE, PLEASE COMPLETE THE FOLLOWING: Proposed Land Use /Development: Single Family residential subdivision Total acres affected by application: 18.58 acres III. CURRENT PROPERTY OWNER(S): Please attach additional sheets if needed. JUL 1 1 20 Name (Individual or Organization): CF Brand LLC CITY OF DUBLIN LAND — c/o Casto LONG RANGE PLANNING Mailing Address: 191 W. Nationwide Blvd., Ste. 200 (Street, City, State, Zip Code) Columbus, OH 43215 Daytime Telephone: (61 7 4 4 - 2 0 08 I Fax: (614) 229 -4330 Email or Alternate Contact Information: Justin Bird Page 1 of 3 IV. APPLICANT(S): This is the person(s) who is submitting the application if different than the property owner(s) listed in part III. Please complete if applicable. Name: Charles Ruma Applicant is also property owner: yes ❑ noU Organization (Owner, Developer, Contractor, etc.): Davidson Phillips Inc. - U., E � VE Mailing Address: 4020 Venture Ct., Columbus, OH 43228 JUL 1 1 201 (Street, City, State, Zip Code) Daytime Telephone: 777 - 9325 Fax: 777 -9355 CIrV OF DUBLIN LAND USE & RANGE P NN Email or Alternate Contact Information: V. REPRESENTATIVE(S) OF APPLICANT / PROPERTY OWNER: This is the person(s) who is submitting the application on behalf of the applicant listed in part IV or property owner listed in part III. Please complete if applicable. Name: Ben W. Hale, Jr. and Jackson B. Reynolds, III Organization (Owner, Developer, Contractor, etc.): Smith & Hale LLC Mailing Address: (Street, City, State, Zip Code) 37 W. Broad St. , Ste. 725, Columbus, OH 43215 Daytime Telephone: 221 -4255 Fax: 221 -4409 Email or Alternate Contact Information: jreynolds@smithandhale.com VI. AUTHORIZATION FOR OWNER'S APPLICANT or REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. CF Brand LLC _ _ _ , the owner, hereby authorize Ben W. Hal _Jr. and Jackson_ B . Reynol , III to act as my applicant or representative(s) in all matters pertaining to the processing and approval of this application, including modifying the project. I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner: ❑ Check this box if the Authorization for Owner's Applica Subscribed and sworn before me thi day of _ State of D'h010 County of 1 , _ I f ar Notary Public Date: Representative(s) is attached as a separate document ) V QLL A 20 KIM M. GUZZO Notary Public, State of Ohio My Commission Expires 09-15 -2012 VII. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by _City' t .d are essential to process this application. The Owner /Applicant, as noted below, hereby authorizes City representatives to vii .. graph and post a notice on the property described in this application. I Jackson B. Reynolds, III the owner or authorized representative, hereby authorize City representatives to visit, photograph and post a notice on the property described in this application. Signature of applicant or authorized Page 2 of 3 Date: _A/ A VIII. UTILITY DISCLAIMER: The Owner /Applicant acknowledges the approval of this request for review 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 Owner /Applicant. Jackson B. Reyn olds , II the owner or authorized representative, acknowledge that approval of this request 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 facilij.�ef when needed by said Owner /Applicant. Signature of applicant or authorized representafiveL { 1 (74 t— i// I Ae f' f Lz/ I Date: 7/// IX. APPLICANT'S AFFIDAVIT: This section i [Vsl be completed and notarized. I Jackson B Rey nolds, III the owner or authorized representative, have read and understand the contents of this application. The information contained in this application, attached exhibits and other information submitted is complete and in all respects tri "nd correct, to the best of my knowledpe and belief. Signature of applicant or authorized representative r ,�// j Date: Subscribed and sworn to before me this J � day of 20 - 1 Lr State of �,r 1 / County of jyonLLlV�1 Notary Public `iq �riSNlurgril / /.' �A� p NeWle t TUIN0M *� Notary Pldft Gf'I N0 r RWFICE USE 0 N LY Amount Received: Application No. P &Z Date(s): P &Z Action: Receipt No: Map Zone: Date Received: �) I ` Received By: City Council (First Reading): City Council (Second Reading): City Council Action: Ordinance Number: Type of Request: corice,p+ -P an ' P- f-ftrU ,rj , - Pre-4 evwrl LTV-dof Tt S, E, W (Circle) Side of: &CUAIA 1 N, S, E, W (Circle) Side of Nearest Intersection: fllstance from Nearest Intersection: Existing Zoning District: Requested Zoning District: A) P r Page 3of3 JUL 1 1 2011 CITY OF DUBLIN LAND USE 24 LONG RANGE PLAA1! ING ZONING DESCRIPTION 18.584 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, located in Virginia Military Survey No. 2543, and being all of the 12.584 acre tract conveyed to CF Brand LLC by deed of record in Instrument Number 200202140042366, and the 6 acre tract conveyed to CF Brand LLC by deed of record in Instrument Number 200201090009109, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows: Beginning at the northwesterly corner of "Wellington Place Section I", as delineated in Plat Book 79, Page 67, being in the southerly line of "Brandon Section 3 ", as delineated in Plat Book 66, Page 93; Thence South 00° 10' 50" West, a distance of 1153.65 feet, to a point; Thence North 89° 47' 36" East, a distance of 579.63 feet, to a point; Thence South 00° 34'42" West, a distance of 367.11 feet, to a point; Thence South 89° 12' 50" West, a distance of 577.18 feet, to a point; Thence North 00° 10' 50" East, a distance of 7.75 feet, to a point in the centerline of Brand Road; Thence North 77° 02' 10" West, a distance of 209.01 feet, along said centerline, to a point; point; Thence North 76° 49' 21" West, a distance of 189.95 feet, along said centerline, to a Thence North 01' 30'21 " West, a distance of 1392.67 feet, to a point; Thence North 85° 04'39" East, a distance of 184.08 feet, to a point; Thence North 85° 12' 58" East, a distance of 247.51 feet, to the Point of Beginning. Containing 18.584 acres of land, more or less. This description is for zoning purposes only, and is not to be used for deed transfer. EVANS, MECHWART, HAMBLETON & TILTON, INC. JMP/Feb 08 18_584 ac zoning 80269 Proximity Report Results Proximity Report Rest ltr DO 111A22 JH i a Lb. th—g h 1e� 'M m n a y, .It R-,. Z Get Rect di Prin ® Back to Proximity Reood .✓datl mapny mvw --me nolegl rupmnblwss C, He mlvmauomm�ainion ,V map. nwenniih riaMm wnty aicoimnm ¢ m. 5 im—t- Pro. imiry Parcels razyov uantmcaa. am —Ithe Aatlartlzth a h Etlt 1,1 —th.m nv bar. vovooNm t-he rervtinwamNOapdiouon. Parcel Owner Name Address 273TODO45 ACHILI1MIEHWZI MOHAMMAD 5173 REDDINGTON Q 273 104044 ANDREWS GREGORY I A LISA E 5157 REDDINGTON CT 273 104537 GO BRAND TO 5055 BRAND RD 273 CODER CFBRANO TO BRAND RD 273 -0ID855 CFBRANO TO 5144 BRAND RD 273 CODER GO BRAND TO BRAND RD 273 104537 CFBRANO TO 5055 BRAND RD 273 104042 GEORGETT GREGG W A THERESA 5141 REDDINGTON CT 273 104047 HUNTER JOHN RA CAROL A 5183 REDDINGTON CT 270 100025 JENKINS LEE A IR JENKINS DAVID R HE 5071 BRAND M 273 004048 KING DAVID LA SHERRI L 5191 REOOINGTON OR 270 100055 MCLOUGHLIN BARBARA STOD 5131 BRAND RD 273 104043 REEVES ROGER W A DEBRA 5149 RE-0oINGTON CT 270 100292 REYNOLDS JON LREYNOLDS COLLEEN M 5151 BRAND RD 270 000252 SPEARS JERRY G III A MARSHA M 5150 BRAND RD 273 104045 THOMAS EDWARD J THOMAS ERIN E 5155 REDDINGTON CT 19 nk Page 1 of 1 http: / /64.79.95.202 /scripts /gis proximity report display.pl 7/13/2011 IUWR e. Ws] of 13 10 32 17 2011 Proximity Report Results Proximity Report Rest ltr —.1 1 273 T x .lLbl. xh—Alh m� 'M m n mlLtltio: Z Get Recoft eh Prin ® Back toPmx Unit, Poor 0 CIp sm". LY Im m mapny ­—It— nolegl rupmnblwss Iv He mlvmmoommmion hI map. J --Kylh riaMm wnty aicoimnm dam.1 —p-tat Pro. imity Parcels razyov uantmcaa. amoodlh hAatlardzth Etlt I,'— th. ,.nv vovooNm t- herervuo — h— pdiouoo. Parcel Owner Name Address 273TO4044 ANDREWS GREGORY ]@ LISA E 5157 REDDINGTON CT 273104537 CFBRANO LLC 5055 BRAND RD 273 C04538 OF BRAND LLC BRAND RD 273 -0ID855 6BRANO LLC 5144 BRAND RD 273 -004538 6BRAND LLC BRAND RD 273 104537 OF BRAND LLC 5056 BRAND RD 273 007611 CHITTIPROLU ]AGAN R HE CHITTIPROLU 7514 KILBRITTAIN LN 273004542 CIRIACO ANTHONY C A MARTHA H 9915 BRAND RD 273 105955 CITY OF DUBLIN COVENTRY WOODS DR 273 107513 ENSNINGER MICHAEL] WHITSON]ENNIFE 7502 KILBRITTAINLN 273 -007508 FELDMANN MARTIN E FELDMANN COLLETTE 5053 BALLYBRIDGE DR 273 104042 GEORGETT GREGG W A THERESA 5141 RE-0o1NGTON CT 273 107501 GIHA JA M GIHA KATE S 7483 MCCARTHY CT 273 10597 GOOD FREDERICK J JR A SCARLETT J 7471 KATESIRIDGE CT 273 107503 HANDLER MICHAEL I A JANET D 799 MCCARTHY CT 273104536 HERRON PATRICIA A 5051 BRAND RD 273 004717 HURLER LLOYD E III A JULIE P 5025 BRAND RD 273 107505 INGRAM BRETT A A TRACY A 5035 BALLYBRIDGE DR 273 107510 ]ACOBS ROGER E TR 5055 BALLYBRIDGE DR 270 100025 JENKINS LEE A US JENKINS DAVID R TR 5071 BRAND RD 273 105934 JULES MARK E C(2) 7453 KATESERIDGE CT 273 107514 LANDIS BRIAN 7496 KILBRITTAINLN 273 107502 MCCARTHY JOSEPH J ASUSAN E 7489 MCCARTHY CT 273005938 MCDONALD JEFFRY E A ERNELEE P 7477 KATESERIDGE CT 270100056 MCLOUGHLIN BARBARA STOD 5131 BRAND RD 273 107504 ONKEN BRADLEY S TR ONKEN JANICE F T 5029 BALLYBRIDGE DR 273 107507 OPEC MICHAEL E OPEC MICHELLE N 5047 BALLYBRIDGE DR 27310596 PAGNATTA FRANK A A KATARINA M 7455 KATESERIDGE CT 273104716 PEARSON JOAN LPEARSON JOSEPH J 5019 BRAND RD 2273 104043 REEVES ROGER W A DEBRA] 5149 REDDINGTON CT 273107612 RODRIGUEZJA 7508 KILBWTTAINLN 273 -007509 ROSANS:Y STEPHEN H ROSANSKY ALBAL 5059 BALLYBRIDGE OR 273 104040 .01 THOMAS R A LORI M 5125 REDDINGTON CT 273 -00599 SNIDER JAMES M TR SNIDER CYNTHIA B 7483 KATEMRIDGE CT 273 -004041 SJ GAR KENNETH C SOLAR CHRISTINA A 5133 REDDINGTON CT 273 004039 TLM MORRIS MICHELLE L 5117 REDDINGTON CT 273 107500 TULIZHUQIN 7477 MCCARTHY CT 273 107515 VENUGOPAL RAGHANATH PALANISNAMY HAM 7490 KILBRITTAIN LN 273 10595 WU WILLIAM A SUSAN S 7459 KATESERIDGE CT 273107506 YOUNG STEPHEN J YOUNG ANN C 5041 BALLYBRIDGE DR Page 1 of 2 http: / /64.79.95.202 /scripts /gis proximity report display.pl 7/13/2011 e. Watl of 131035'.132011 Preliminary Development Plan WE LLI NGTON RESERVE Dublin O h i o Land Owner. Developer: Legal Land Planning/ Landscape Architecture: Engineering: CASTO Davidson Phillips Smith and Hale The EDGE Group EMH &T 191 West Nationwide Blvd., Suite 200 4020 Venture Ct. Suite D 37 W Broad St, Ste 725 1400 Goodale Blvd., Suite 100 5500 New Albany Road Columbus, Ohio 43215 Columbus, OH 43228 Columbus, OH 43215 Columbus, OH 43212 Columbus, OH 43054 Phone_ (614) 777 -9325 Phone_ (614) 221 -4255 Phone_ (614) 486 -3343 Phone_ (614) 775 -4710 Phone: (614) 744 -2008 Contact Charles Ruma Contact Jack Reynolds Contact Greg Chillog Contact Linda Menery Contact: Justin Bird Approved. Dublin Planning and Zoning Commission, January 5, 1011 5ubmittak Dublin City Council, March 5, 2072 WELLINGTON RESERVE SECTION I — Development Overview I. LOCATION AND SIZE II. EXISTING CONDITIONS AND CHARACTER III. EXISTING AND PROPOSED LAND USES IV. PARKS AND OPEN SPACE V. PROVISION OF UTILITIES VI. ACCESS AND CIRCULATION Table of Contents SECTION II — Development Standards SECTION III — Exhibits DO -1 I. DEVELOPMENT STANDARDS DS -1 PDP -1 REGIONAL CONTEXT MAP DO -1 II. PERMITTED USES DS -1 PDP -2 VICINITY MAP DO -1 III. DENSITY DS -1 PDP -3 AERIAL PHOTOGRAPH DO -1 IV. LOT STANDARDS DS -1 PDP -4 BOUNDARY MAP /SURVEY DO -1 V. STREET ACCESS AND /OR DS -1 PDP -5 EXISTING CONDITIONS MAP DO -2 IMPROVEMENTS PDP -6 TREE SURVEY LIST VI. STREET STANDARDS DS -1 PDP -7 TREE SURVEY LIST & ANALYSIS VII. UTILITIES DS -1 1/3 TITLE SHEET & INDIX MAP VIII. STORM WATER MANAGEMENT DS -1 2/3 PRELIMINARY PLAT IX. TREE PRESERVATION, REMOVAL DS -2 3/3 UTILITY /GRADING PLAN AND REPLACEMENT X. PARKS AND OPEN SPACE DS -2 XI. ARCHITECTURE DS -2 XII. LANDSCAPING DS -3 XIII. HOMEOWNERS ASSOCIATION DS -3 SECTION I- Development Overview WELLINGTON RESERVE Location and Size • The site is located completely within the City of Dublin and Franklin County. • The 18.584± acre site is located on the north side of Brand Road, approximately 730' east of the intersection of Coffman Road and Brand Road, immediately west of the Wellington Woods subdivision. The property is one of several remaining parcels along Brand Road that are undeveloped between the Wellington Woods subdivision and the Brandon subdivision. • There is approximately 950' of frontage along Brand Road. • The site measures approximately 1,500' at its deepest point. II. Existing Conditions and Character • The site is L- shaped with a large portion of the site in woods, the balance being grassed and meadows. Tree rows and brush line the perimeter of the property. Substantial portions of the trees on this site are overgrown with vines or are vine damaged. • 921 trees exist on the site, 71 of those are landmark trees. Of the 921 trees, 241 (26 %) are in poor condition, 28 (12 %) of those are landmark trees in poor condition. • The site is located in the North Fork Indian Run Watershed. The site generally drains from west to east. The site is located entirely out of the 100 year floodplain. • The site is generally flat; there are no steep slopes on the site. • No buildings exist on the site. III. Existing and Proposed Land Uses • The Dublin Community Plan - Existing Land Use Map designates the site as "undeveloped." • Surrounding land uses include: single - family detached residential (Wellington Place, Brandon, Coventry Woods, Asherton of Dublin) private institutional (Berean Bible Church, Dublin Baptist Church), public institutional (Bailey Elemetary School), parks (Wellington Park, Brandon Park), and residential and institutional uses in surrounding unincorporated areas. • Proposed uses are residential, open space and parks. • The proposal is to develop the tract with 28 single - family lots for a gross density of 1.50 units per acre. IV. Parks and Open Space • A total of 3.5± acres ( ±18.8 %) will remain free of development and will include the required Brand Road setback and the stormwater management facilities. • The open space areas will be owned by the City of Dublin and maintained by a private home owners association. V. Provision of Utilities General • All utilities, including sanitary sewer, water, telephone, electric, and gas, are available at this site. • All utilities will be designed and constructed to meet the standards established by the City of Dublin Engineer. • A comprehensive storm water management system will meet City of Dublin design criteria. • All utilities shall be placed in appropriate locations on the lots that will best preserve the existing trees in good or fair condition. Sanitary Sewer • Sanitary sewer service to Wellington Reserve will be provided from two locations. The northern portion of the proposed development will be service from an existing 8 -inch line that is located between 2lots on Kilbrittan Lane in the Wellington Place Development Section 2, backing to proposed lot 11. Although a second line is stubbed to the proposed development from Section 2 at the western end of Ballybridge Drive, the depth of this sewer is not adequate to serve the remaining southern portion of the proposed development. Therefore, a manhole will be cast in place on the existing 10 -inch sanitary sewer located at the northwest corner of the intersection of Coventry Woods Drive and Brand Road and an 8- inch line will be extended 500 -feet to the Wellington Reserve site. This sewer extension will occur through property owned by the City of Dublin and appropriate easements will be placed on the easement as required by the City of Columbus. • Sanitary lines will be sized and located to accommodate future development of the undeveloped property to the west. Development Overview Water • An existing 16 -inch water main along the south side of Brand Road should be adequate to provide service to this site. • Public water mains will be constructed along the proposed roadways within the development. • An 8 -inch water main stubbed at the end of Ballybridge Drive will be tied into the new public system which will aid in service to this site. • Water lines will be sized and located to accommodate future development of the undeveloped property to the west. Storm Water - Existing • The site drains from west to east to existing storm sewer inlets that were installed with the Wellington Place Development. • 4 acres of offsite area drains from the west across the site to the storm sewer inlets mentioned above. • The predominant soil type is Blount, a Type C soil, corresponding to a pre - developed runoff curve number of 70. Storm Water -Post Developed • In the post - development condition the site drainage will be handled by two separate stormwater management systems. One system will be considered the "clean water system" and will accept drainage from pervious areas such as rear yards, side yards and the offsite 4 acres mentioned above. The other system will be the "developed area system." It will accept drainage from impervious areas such as roadways, driveways, roofs, and sidewalks and some back yard drainage. In regards to the "clean water system" the offsite 4 acres tributary to proposed lots 21 and 22 along with vegetated back yard and side yard areas are being collected and discharged to an existing 24 -inch storm sewer located between 2 existing lots along Kilbrittan Lane in the Wellington Place Development (backing to proposed lots 9 and 10.) The storm sewer system is considered a "clean water system" in light of the fact that only wooded or open space areas are being collected by the storm sewer system; therefore detention and water quality are not being provided for these vegetated areas. The "developed area system" will be directed to a dry basin with a wet micro -pool on the east side of the entry drive. The total developed tributary area to the basin is approximately 13.2 acres with a composite runoff curve number of 83. The 1 -year pre - developed runoff volume is 0.339 ac-ft for the pre - developed 13.2 acres of drainage area and the 1 -year post - developed runoff volume increases to 0.895 ac-ft, an increase of 164% resulting in a 25 -year critical storm. The allowable release rate based on the City of Dublin stormwater master plan for the 1 -year event is 0.1 cfs /acre; therefore the allowable release for the 25 -year event is 1.32 cfs. The 100 -year DO -1 WELLINGTON RESERVE event allowable release is 0.5 cfs /acre for a total allowable of 6.60 cfs. The outlet of the basin drains to a 21 -inch storm sewer which ties into the existing 21 -inch storm sewer in Wellington Place. The proposed 21 -inch has available capacity for the 100 -year event. Please note, the site is located in the North Fork Indian Run Watershed. Water quality is provided by the use of a dry basin per Ohio EPA and City of Dublin requirements. The outlet for the basin will be a three -stage outlet, with the first stage providing the required 48 hour water quality drawdown. The second stage controls the 25- yearevent, and the third stage the 100 -year event. The required storage to meet all of these requirements is 2.9 ac-ft. VI. Access and Circulation • Vehicular access to the site will be from a single access point on Brand Road and from the existing Ballybridge Drive. • Wellington Reserve Drive will extend from Brand Road to the northern end of the site. • Ballybridge Drive will be extended from the stub at the eastern property line to Wellington Reserve Drive. • A street stub will be provided to the property west of the site. Development Overview SECTION II- Development Standards WELLINGTON RESERVE I. DEVELOPMENT STANDARDS Basic development standards are addressed in this text regarding proposed density, general site issues, traffic, circulation, landscaping, and architecture. These component standards ensure consistency and quality throughout the development. Unless otherwise specified in the submitted drawings or in this written text, the development standards of Chapter 152 and 153 of the City of Dublin Code shall apply. II. PERMITTED USES Permitted uses shall include the following: A. Single- family detachedhomes. B. Open spaces and related park features. III. DENSITY A maximum of 28 residential homes shall be permitted in this PUD. IV. LOT STANDARDS Single - family homes in this development will be constructed on traditional lots with fee simple ownership. Specific lot standards shall apply to each of these development types: A. Fee simple lots 1. Lot Size a. Lot Area: 12,600 square feet minimum b. Lot Width at the building line: 90 feet minimum c. Lot Depth: 140 feet minimum 2. Lot Setbacks a. Front yard: There shall be a Build -Zone of 10 feet starting at 20 feet from the right-of-way line or as shown on the approved preliminary plat. Homes must be located within the Build -Zone, which will allow flexibility in staggering of the homes along the street frontage. The requirements of the Subdivision Regulations Chapter 152.019(C)(6) shall not be applicable to this development. b. Rear yard: There shall be a minimum rear yard setback of 30 or 40 feet as indicated on the preliminary plat. c. Side yard: There shall be a minimum side yard of 6 feet for buildings, provided, however, that there shall be a minimum of 14' total side yard per lot. d. Brand Road: There shall be a minimum scenic setback of 100 feet from Brand Road, as measured from the proposed right -of- way. Detention, landscaping, multi -use path, open space, park amenities and an entry feature may be located within this setback to enhance the rural character of the Brand Road corridor. 3. Lot Coverage The maximum lot coverage shall be 45 %. V. STREET ACCESS AND /OR IMPROVEMENTS A. Access 1. Brand Road: a. A new intersection shall be provided. 2. Adjacent properties: a. Ballybridge Drive shall be extended to the west. b. A street stub shall be provided to the property west of the site. VI. STREET STANDARDS A. Public Streets 1. Right -of -Way Width: 50 feet minimum 2. Pavement Width: 28 feet minimum for the Ballybridge Drive extension and for all other public streets, as measured back -of -curb to back -of -curb 3. Drive Lanes: Two (2) 4. Parking Lanes: Parking shall be permitted on one side of public streets internal to the PUD opposite the waterline and hydrants. 5. Tree Lawn: May vary based on existing vegetation, but shall in no case be less than 7 feet in width. Development Standards 6. Sidewalk: 4 feet wide minimum; sidewalks shall be concrete. No sidewalk is required where it does not front a single family lot. 7. Multi -use path: 8 feet wide minimum; multi-use paths shall be constructed of concrete when located in front of lots and of asphalt when located elsewhere. B. Private Sidewalks 1. A minimum 3 -foot wide sidewalk shall be required for every residence. This private side walk shall extend from the front door to the driveway, where applicable, as the driveway may abut the front door. VII. UTILITIES A. Design and Construction 1. All utilities shall be designed and constructed to meet the standards established by the City of Dublin Engineer. B. Location 1. All utilities shall be placed in appropriate locations on the individual home lots that will best preserve the existing frees in good or fair condition. VIII. STORM WATER MANAGEMENT A. Design and Construction 1. A. comprehensive storm water management system shall be developed, following the City of Dublin storm water management policies. 2. Stormwater management in the post development condition is anticipated to be handled by two separate systems: a "clean water system" to accept drainage from pervious rear and side yard and a "developed area system" to accept impervious areas such as roadways, sidewalks, driveways, roofs and some back yard drainage. a. The "clean water system" will accept a portion of the offsite drainage from the west and on site drainage collected in side and rear yards which will then be discharged to a rear yard catch basin. Because these areas are wooded and/or open space and will remain so, detention and water quality will not be provided for these areas. DS -1 WELLINGTON RESERVE b. The "developed area system" shall be generally located along Brand Road to include both dry basins and a wet micro -pool. IX. TREE PRESERVATION, REMOVALAND REPLACEMENT A. Tree Preservation 1. It is the intent of the developer to preserve as many good and fair condition trees as possible on site. A good faith effort will be made to preserve existing trees in good and fair condition where appropriate. Any trees 6 inches of caliper or greater in good or fair condition removed during development of the site or home lots shall be accounted for on the Tree Replacement Plan. B. Tree Replacement Plan 1. If approved by City Council, tree replacement shall be as outlined below. a. Existing trees removed that measure 6 inches to 12 inches in caliper shall be replaced tree for tree, one replacement tree for every tree removed in good or fair condition. b. Replacement trees shall have a minimum caliper size of 2 /z inches and may include evergreen species. c. Existing trees removed that measure 12 inches and greater in caliper shall be replaced "inch per inch ", one replacement inch for every inch removed in good or fair condition. d. The master developer shall be responsible for the replacement of all subject trees affected due to the development of the site. e. All site required tree replacement must be completed prior to the issuance of the first building permit or within 6 months, due to unfavorable weather conditions. I. All individual lot tree replacement must be completed prior to issuance of an occupancy permit or within 6 months, due to unfavorable weather conditions. C. Tree Enhancement Zone 1. A tree enhancement zone is an area identified on the subdivision plat for reforestation or naturalization with deciduous or evergreen replacement trees, where appropriate, in order to augment, re- establish or create a tree row buffer between adjoining lots. 2. In addition to replacement trees, supplemental plantings including, but not limited to, ornamental trees, deciduous and evergreen shrubs, ornamental grasses, groundcovers and fine or rough turf are permitted to be planted in tree enhancement zones. These supplemental plantings shall not be utilized to meet tree replacement requirements. 3. Trees or other vegetation may be removed in any tree enhancement zone in order to install or maintain utilities and drainage facilities. 4. Dead, diseased, decayed or noxious trees or other vegetation may be removed from tree enhancement zones as required for conservation or aesthetic purposes or in keeping with good forest management practices. 5. Trees measuring 6 inches and greater in caliper are subject to the tree replacement plan as approved in the development text. 6. A 30' or 40' wide Tree Enhancement Zone shall be located at the rear of all lots and shall be indicated on the preliminary and final plat. 7. An area designated as a tree enhancement zone is not precluded from any use or activity that would otherwise be permitted in a rear yard setback. X. PARKS AND OPEN SPACE The open space will meet that required under Code. The code required open space shall be dedicated to the City. These open space areas may contain a mixture of evergreen and deciduous trees and shrubs to enhance the rural character of the area. All open space areas shall be maintained by a forced and funded homeowners association. XI. ARCHITECTURE A. General Character 1. The character of the development shall be 1 and 2 story single - family homes with a variety of 2 or 3 car garages that will mimic the quality of the surrounding homes in adjacent neighborhoods and will adhere to the City of Dublin Residential Appearance Standards Code. B. Permitted Building Height 1. Maximum of 35', as measured per the Dublin Code. C. Permitted Exterior Materials 1. Cladding Materials. a. The exterior cladding of all structures shall be finished using all natural materials, including brick, stone, manufactured stone, wood, stucco, fiber -cement siding products or any combination thereof. Development Standards 2. Trim Materials. a. Wood, vinyl, aluminum, EIFS, copper or fiber -cement products. Shutters shall be considered as trim for the purpose of meeting the Residential Appearance Code requirements 3. Roofing Materials. a. Dimensional asphalt shingles, wood, slate, concrete, tile or metal. D. Permitted Exterior Colors 1. Cladding Colors. a. Natural earth tones and/or warm neutral colors, including white. b. High - chroma colors are not permitted. 2. Trim Colors. a. Natural earth tones and/or warm neutral colors, including white. b. Complementary or contrasting to siding color. 3. Roofing Colors. a. Roofing colors shall be from the color range of natural materials: such as, but not limited to wood shakes and black. b. High - chroma colors are not permitted. E. Architectural Elements 1. Four -sided Architecture a. Similar architectural design elements and details shall be consistent throughout all elevations of the structure. b. Dublin Residential Appearance Code will be adhered to throughout the entire subdivision unless otherwise stated herein. 2. Chimneys a. "Cantilevered" or "through- the -wall" chimneys are not permitted. b. All chimneys shall be built on an integral foundation. c. All exterior portions of chimney shall be finished masonry, consisting of brick, stone, and/or manufactured stone. DS -2 WELLINGTON RESERVE Development Standards 3. Garages 19 14, 15, 16, 17, 18, 20, 21 2. Plantings shall create a natural woodland effect and may consist of 20 13, 14, 15, 18, 19, 21, 22 deciduous trees and shrubs, ornamental trees, perennials or any a. All single - family dwellings shall have an attached or detached 21 12, 13, 14, 19, 20, 22, 23 combination thereof. This effect shall be installed across the Brand garage of sufficient size to accommodate a minimum 2 standard 22 11, 12, 13, 20, 21, 23, 24 Road frontage in both retention and non - retention areas, to create a sized automobiles, side by side. 23 10 11 12 20 21 24 25 consistent appearance and disguise the presence of a stormwater 24 9 10 11 22 23 25 26 management area. b. Side loaded garages are encouraged. 25 8 9 10 23 24 26 27 26 7 8 9 24 25 27 28 3. Dry portions of the stormwater basins located within the Brand Road c. In those instances where a garage is utilized and an auto 27 6 7 8 25 26 28 setback shall be landscaped as a rain garden to create a natural courtyard is created in the front of the house; a minimum 30" 28 6 7 8 26 27 woodland character. Water tolerant meadow grasses, perennials, high wall or hedge shall be installed to provide a partial visual shrubs and trees shall be planted in a natural manner as to continue buffer along the entire length of the court pavement. the woodland character occurring within the Brand Road setback and to diminish the appearance of a basin. d. In those instances where a side loaded garage is utilized, a H. Plan Approval minimum 36" height, 75% opacity hedge shall be installed along 4. Any trees, 2 1 /2" in caliper and larger, planted in this treatment, shall the entire length of driveway pavement so as to prevent headlight 1. The Master Developer shall retain the right of individual plan count toward the required number of replacement trees. pollution into the rear of neighboring properties. approval for all single family homes within the subdivision. 5. Earth mounding may be used provided it does not disrupt the master F. Architectural Diversity drainage plan or the critical root zone of trees to be preserved. 1. The same or similar front elevations shall not be repeated within: X11. LANDSCAPING 6. Pedestrian pathways, multi-use paths, water features and pond access will be provided in this treatment. a. Two lots on either side of subject lot. A. Entry Features E. Perimeter Landscape Buffer b. Three lots directly across the street from subject lot. 1. Entry features shall include integrated project signage, landscaping, and irrigation. 1. A landscape buffer shall be installed by the developer and maintained c. Any lot on a cul- de-sac bulb. per plan by the individual homeowners in the tree enhancement zone, 2. Final location, design, and standards for entry features and related on all lots. Design and details of the proposed buffer plantings shall 2. Comer lots apply to both streets on which the home is situated. landscaping and signage details shall be presented and approved be reviewed and approved at the final development plan stage. during the Final Development Plan phase. 2. The buffer may consist of existing vegetation, deciduous or evergreen G. Lot Diversity Matrix 3. All entry features will be owned and maintained by the homeowners trees and/or deciduous or evergreen shrubs. The design of the buffer Subject Influenced association. shall incorporate and preserve existing trees and vegetation where possible, while striving to achieve a 75 percent opacity after two Lot # Lot # growing seasons. Areas of preserved trees and vegetation shall be B. Street Trees deemed to meet opacity requirements, but may be supplemented with 1 2 3 other plantings that do not require the removal of vegetation to install. 2 1 5 3 5 4 1. Street trees will be installed in accordance with the City of Dublin 3 1 5 2 5 4 5 5 Code. Final location shall be determined by the City Forester. 3. Deciduous and evergreen trees installed in this buffer planting shall 4 2 5 3 5 5 5 6 qualify as replacement trees, if they are 2 1 /2" caliper minimum. 5 3,4,6,7 C. Fencing 6 4 5 5 5 7 5 8 5 27 5 28 7 5 5 6 5 8 5 9 5 26 5 27 5 28 1. No fencing shall be permitted unless it is decorative in nature and 8 6 5 7 5 9 5 10 5 24 5 25 5 26 5 27 5 28 does not enclose an area. XII I. HOMEOWNERS ASSOCIATION 9 7 8 10 11 23 24 25 26 27 10 8 9 11 12 22 23 24 25 2. Fencing around pools shall be permitted that conforms to the All residential property owners located within the Wellington Reserve PUD 11 9 10 12 13 21 22 23 requirements in the governing building code. shall be required to join and maintain membership in a forced and funded 12 10 11 13 14 20 21 22 homeowners association, which will be formed prior to any lots being sold. 13 14 11 12 14 15 19 20 21 12 13 15 16 19 20 21 D. Brand Road Landscape Treatment Homeowners association responsibilities shall be detailed within Declarations of Covenants and Restrictions as approved by the City of Dublin before being 15 16 13 14 16 17 18 19 20 14 15 17 18 19 20 1. A roadway landscape treatment shall be installed in the setback along duly recorded in the office of the Franklin County Recorder. These 17 14 15 16 18 19 20 Brand Road. Declarations of Covenants and Restrictions shall run with the land and shall include, without limitation, the requirements imposed upon the homeowners 18 14 15 16 17 19 20 association in this text. DS -3 SECTION III- Exhibits ,�a •.. '�} �F <s , t�.�.�rr• 1�� I .. �M1r_ .. g � 7f a . � Kd Y 9 . � ` ' Ir '1r1�� �.• D In ,. nd.. v'„�".: i�i ! w� V 1 4 , r - 1IDID�bbb I fff `` ♦ . ,( Ilc „I ldlL'dr ,' r- ilk ACK A ll A is rA ' MNN4v •a. r. � 1� 7{'�����i:� '.� � r_>i I' _' 4 ” y'r$y' .:i, � � � ;�•r a '... 75� S•. 1� cilr [ �� �J. • - •. •� �1 ` V� r L 1. PL QU .`` � .fit �4 � ' ��Y d,,♦ .' f � � __ _ y �' �a,. ���.n.e.- ..in..1"ret'�' ��i� _ I ". o -v � �i ;�� ��� �� {. �' 1y��� � 7`,'' , � i ��� �� � '�� T ✓� 111111 r "a ZONING OIdWO P110N 18.584AW85 Situated In the Sbte of Ohio, County m Franklin, Cry m Dublin, lomkd In Mlglns Military Survey No. 2543, and being all ofthe 12.584aoetractmme ea CF Band LLC by dead of record In Instrument Num11er200202140017366, andtle 6 acre Vad conveyed b CF Brand LLC by dead Of record! in Instrument Number 200201090009109, (all generates .rend the recortls of the Recorder's Office, Fanklin County, Ohio) and being more p bularly descrbed as folkas: Beginning .trite northwesterly comer of Wellington Place Section 1', as daliravmd In Plat Book 79, Page 67, being In the southely line of "Bandon SeNOn 3', as delineated in Plat Book 6% PI 0, Thence South W 10' 50' West a distance of 1153Mman, to part, Thence NoTh 89° all 36' East, a distance of 579.8 feet ma point; Thence South W Sal 42'West,a distance of 367.11 feet To a local Thence South 89° 12' 50' West, a distance of 577.18feak W poun Thence North 00° 10' Sl East a distance of 7.75 feet nd a Nunn in be ceMedlre of Brand Base; Thence North 77° 02' 10 West, a distance Of 209.01 feat gal carmalre,to B Thence Thence North W 49' 21' West, a distance Of 189.95 feat gal carmalre,b B Thence Thence North 01° 30' 21 West, a distance of 1392.0 fcet, to point; Thence North 85° 04' 39' East, a distance Of 184Mfed, ba point; Thence North 85° 12' 58' East a distance of 247.51 feet tithe Foiaaf Beginning. Containing 18.584 acres of land, more arias. This desription Is for tuning puracres only, and Is not to be used fordeadginger. EVANS, MECHWAer, NAMBLETON STILTON, INC. I � � 2 / � I r 5 � I T I I I 1 I I I I I i ti i L —J I I L_ I - � I � I I � i I I r __J I L_J I ` - I I IL fJ I I I I I IIIIII�� 7 I I l J r� J FIL __J 1 I I I - -� r J r — � _ —y L, Y I I I I I I - -� r i L � y1 4�4 H 7392.67 W21'W 4 ez o/ 1w 00 7.75'_ --" I u I rj I i I 0' 30' MY 120• NOM : 02 ?O m� 00 O It Z 52 W C W W Z 0 z Z J J I a W 0 Z IA O M a� Wore 1 DT 101 I PDP I EX KATESEIRIDGE COURT � \� EX KIL13kiWAN LAKE L Z _ J 1 l I I I L I I I I I �- I I - 1 , I L_ L - r J -/ I I I I �l I ` I 1 i� I I T T T L_ L L____ ___ i00° O'50'W I 1753.85' I i}ll H ILZr �I LEGEND r -_� - -� __ I �6�§nA 0.45 I E, ° 8 I MIC L16 JCESPH J.B +m EXISTING TREE - 6 TO 24' CALIPER SIZE JAA G. susnn E. L R q _ HAND nw EXISTING TREE - +24' CALIPER SIZE - -- OVERLAND ROW I – J -- -____. RIDGE/DRAINAGE DMDE L I L L__J cm: W 02 Ir – h e f - -, w Illl Jp 1 O �� Z I o - -�s > L KAT 6BRIDGE WuRT I I A Qq) T IEX. LBRITTM E� I f -T � I B ,wrnss � %B. r j _ L ` JJ� r i_ s -- I crmHw a. ��Z � ���"– �` — z r F Z I � r – Zr �- -, _ �� -- �-- -- Q ,� I �_f L _ L_ � IJIL�_�JI �0.5 b �� 1 i t i / �� L J 3' I _ a� di r __J L� -- L___J ___ 1 � y x CIA ti _J Z_ I � jig I I d O Ex 18• Ev TC X T ANRICNY W.B MICHAEL B.B JA8 ANRB b� r ` ! Y Z -TJ I Sbn. Ez hr-854M FREGERICKJ.B KA8 MPAKEB HAMSA CATHERINE E. JENNIPERA CILIA C. VI AL ® L ® Q 1 i an L_ J SCMII =TTJ. 1 KATARINAM SUSAN 8. N8. PERRVMNJ EMBMINGER WGUEZ CH W — �d - - 1 J O O JEF BERNELEE P. P TTA a m A J WIN— J 1 J J 1 J 0 � e b a X� 1 R +R H .50% 0 0 w D 'I C E 1-7% // a s 0 oA Os� S G" oa la 9 ! (y J 7.7s% i O 1 a of 1 0 1 -1 " ° \ o � – - - -- V § o I OE ° O / / so I I EG A o i Ate! o� / a a i A \ _ wi 1G _ F y m 0 GI OA O 00 Q A ® 100 O O g$ i -- 0 ® of A o Go 0 o i I: s 1 a y ° - a A !�'A GO 1 e \ o f W ag o! 10 1 0 60 A i A o O ! 1 a O: o " 2 I 9T I , I G ER AF 44 a O �O 6 E i 90 a 1 1 ! o 0 a 1 A o � M I N MT I Gi A a A o GO a s 1'o! § !® 333 H Io gCDg ® ON _ 8 ® 1 ® § €W3 D I i Is 9 1 q ' - �-- -� -e a oloA' o ® o Eo11ga A i bo of J I I I u4G E 10 z@ -o O o OA G a i I A A I i .� a I V� L'– b 02 aaj a O oa0 o G ! ,( DL I o l �• r_ _ cp (J O 9 a G O O G`O V I ao o . a 0 0: IO o ! ! I � � rJ 1 0 of l0 10 I Oi O / A - ON No - 01 p I _ E O A E EWN .s p 102'o QoR OA 1' i0 a OA 0 O I� O R I q OA 10 – -- I AO Ao A O l0 1 g 0 �II 0 AO 480E i0 FDJ Q'b R �CWYn u IRRRR4 N 'RSr_ ( n r AO O w 1n,,WTa ,INP 1 HA M. rc AGIVBJM R I DRAINAGE JERRY G.B PEPHS.III pGHN.FME n n � IRM PDP a, Brc SBA IZB• NORTH 5 TREE 5URVEY L15T # COMMON NAME OBH "Na . # COMMON NAME aBH CON,. # COMMON NAME Vi CON,. # COMMON NAME OBH OONa. # COMMON NAME OBH OONO. # COMMON NAME OBH GONO. g2Z Honeylocusk 20.0 Good 119 Sugar Maple 24.0 Fair 256 Cherry 10.0 Fair 352 Hackberry 12.0 Good Abe Hackberry 60 Goad 5B5 Walnut 9.0 Poor " u 2 Haneylocust 120 Good 120 Haneylocust 200 Poor 25 Silver Maple 25.0 Fair 555 Bouelder 14.0 Fall 469 Beech 10.0 Good 51 Hackberry 240 Fair 3 Haneylowsk 10.0 Good 121 Sugar Maple 200 Good 238 Hackberry 1.0 Fair 354 Hackberry 10.0 Good 410 Cherry 60 Fao- Bar Epoch 6.0 boo. 4 Honeylawsk 120 Good 122 Haneylocust 6O Poor 239 Walnut 180 Poor 355 Cherry 80 Poor 411 Pm oak 161 Poor Sea Hackberry 80 Poor 5 Elm 80 Pall 123 Haneylocust 100 Poor 240 Yialnut ISO Fair 556 Elm Ica Poor 412 Hackberry 10.0 Good 5H9 Beach 5.0 Good 6 Honeylocuat 180 Good 124 Cherry 130 Poor 241 511ver Maple 300 Poor 551 Cherry 15.0 Poor 415 Elm 60 Goad Spa Beach 6.0 Good 1 Green Ash 120 Poor 125 Sugar Maple 1.0 Good 242 511ver Maple 24.0 Poor 35B Beech 100 Good 414 Sugar Maples 50 Good 591 Hackbcrry 18.0 Good B Honeyloaost 10.0 Fair 126 51 Maple 25.0 Fair 243 5Weetbay Magnolia 13.0 Poor 551 Gherry 60 Poor 415 Hackberry 12.0 Gaad 592 Hackberry SO Good 9 Haneylowsk 10.0 Fair 121 Haneylocust 200 Poor 244 Silver Maple 360 Poor 360 cherry 12.0 Poor 41b 5u9ar Maple 240 dead 593 Hackberry BO Per 10 Hackberry 10.0 Gootl 1EB 5u9ar Maple 80 Good 245 Silver Maple 24.0 Poor 361 Cherry 15.0 Falr 411 Hackberry 80 Good 544 Walnut lea Good Haneylocust 100 Poor 129 Hackberry 220 Good 246 Osage Orange 100 Poor 362 Cherry 150 Poor 415 BeecM1 60 Good 515 Beach 100 Fair 12 Haneylocust 100 Poor 130 Honeylooust lea Poor 241 Walnut 180 Fair 363 Beach 1.0 Good 419 Beech 60 Good 596 5ugar Maple 0.0 Fair 13 Elm 6.0 Fair 131 Haneylocust 19.0 Fair 245 511ver Maple 10.0 Poor 364 Beech 60 Good 480 Beech 300 Poor 591 Basch BO Pair 14 Hackberry 5.0 Fair 152 Hackberry 100 Good 249 511ver Maple 250 Good 365 cherry 60 Poor 481 Hackberry 8a Good 595 Green Ash 6.0 Poor 15 Honeylawsk 10.0 Poor 133 Elm 50 Good 250 5Waekgum 12.0 Poor 366 Beech 1.0 Fall 482 Beech 60 Good 599 Cherry 18.0 Poor 16 Haneylowsk 10 Poor 134 Haneylocust 60 Fair 251 Si 12.0 Poor 361 Bbadh 150 Gaad 453 Green Ash ISO Poor 600 BeecM1 10 bond 11 Haneylowsk 10 Fair 135 Elm 11.0 Good 252 Cherry 130 Poor 365 Beech 90 Good 464 5oech 360 Poor 601 Beach 0.0 Fair 16 Haneylocust 100 matr 136 Cherry 90 Poor 253 cherry 21.0 Poor 369 Cherry 10 Fair 485 Hackberry 80 Poor 602 Beach 100 Good P Honeylocuat 12a For 131 Haneylocust 9.e Good 254 Green Ash 9.0 Poor 510 Beech 60 Good 456 Beech 60 Good 603 BeecM1 15.0 Fair 20 Honeylocusk 5.0 Poor 15B sugar Maple 55.0 Poor 255 Cherry 80 Poor 311 S.Igar Maplo 21.0 Good 461 Beech 60 Poor 614 Beech BO Good 21 Hackberry 10 Good 139 Gherry 100 Poor 256 cherry GO Poor 312 Hocklwrry BO Good 485 Beech 211 Good 605 Beach 120 Good 22 5ugar Maple 10 Good 140 Elm 60 Good 251 Cherry 12.0 Poor 515 Gherry 211 Good 459 cherry 1.0 Good 606 Boxeldar 100 Poor W 23 24 Haneylowsk Elm 5.0 6.0 Fair Pear 141 142 cherry Elm 80 1.0 Poor Fair 255 259 Elm Elm 60 10 Poor Poor 514 Cherry 200 Fall 490 Boxalder 60 Fair 601 @each 130 Good ZZ > 25 Haneylocus t 120 Poor 145 Haneylocust 1 0 Poor 260 cherry 10 Poor 515 316 Elm Cherry 60 ISO Fear Poor 491 4q2 W.olnuk Ybinuk 10.0 1.0 Fair Good 605 Walnut 609 Elm 120 10 Good 6aad III S W 26 5ugar Maple 60 Good 144 Haneylocust 1.0 Fair 261 Cherry 60 Fair 511 Cherry 120 Poor A5 Beech 6a Good 610 Cherry 10 Fair F CCCC 21 Honeylocusk 6.0 Poor 145 Sugar Maple 100 Good 262 Cherry 10.0 Poor 519 Cherry 210 Poor 494 Beech 60 Good 611 Hackborry 0.0 Good =O W 29 Haneylocust 120 Poor 146 Is 150 Good 263 Gherry 120 Poor 319 Cherry 100 Poor 495 Hackborry 12.0 Good 612 Hackbcrry B.O Good W 29 Cherry 15.0 Poor 141 Honeylooust 80 Poor 264 Cherry 14.0 Fair Sea Apple 150 Poor 446 Beech 60 Good 613 Hackberry 60 Pair Z� Z 30 Haneylocust 80 Fair 145 Haneylocust 10.0 Good 265 Cherr y 10.0 Fall, 381 551 Beech 15.0 Good 491 Beech 60 Good 614 Hackberry lea Good 0 O 31 Ch y Ie.O Poor 149 5u Maple gar p 12.0 Good 266 Gherry 120 Fair 382 Chair, Poor 490 Beech 10.0 Good 615 Beech 100 Good 00 r O DU 2 O 32 Honeylocusk 10.0 Poor ISO sugar Maple IOC Good 261 cherry ISO Poor Sea Cherry 390 Poor 4q9 cherry 60 Good be Hackberry 100 Good LL)- 55 Haneylocust 10.0 Poor 151 5ugar Maple 1.0 Good 265 Cherry 21.0 Poor 384 Gharry 1.0 Good 5a0 Beech 120 Goad 611 Hackborry 100 Fair O z 34 Honeylawsk 10.0 Fair 152 Haneylocust 100 Poor 269 Cherry 120 Poor 555 Beech 50.0 Good 501 Ylalnuk 60 Good 615 Elm 240 Poor r Z 35 Honeylawsk 10.0 Poor 153 5ugar Maple 210 Good 210 Gherr y 14.e Fall, See Beech 60 Good 502 Hackberr 9 10.0 Poor 619 Beech 180 bond C - 36 Hone locust Y 60 Pao- 154 Hackberr Y 80 Fair 2 11 Cherry 12.0 Fair 561 Birch 160 Good 503 Beech 10.0 Good 620 Hackberry 6.0 Good U J 91 5ugar Maple 60 Good 155 Haneylocust Good 212 Cherr, Y 100 Poor 9BB Birch BO Pool, °A4 Beech 111 Good 621 Hackberr y 6.0 Fea J 38 Honc locust y 8.0 Poor I56 Hackb erry 0 IB.O 15. Good 213 Hackberry ISO Good 3B9 Birch 60 Poor 505 Beech 15.0 Gaad 622 Hackborry 6.0 Goad 6 39 5ugar Maple 6.0 Good 151 Hackberry 60 Good 214 cherry 10.0 Poor 390 Birch 150 Poor 506 5ugar Maple 60 Fair 623 5ugar Maple 20.0 Good 90 Haneylocust 90 Poor ISB 5ugar Maple 100 Good 215 Hackborry 12.0 Fair 391 Birch Be Good 501 Hackborry 10.0 Fair 624 Hackbcrry 6.0 Poor 41 5ugar Maples 6.0 Good 159 Hackberry 12.0 Good 216 Cherry 12.0 Poor 5q2 Hackberry 60 Good °A6 Beech 200 Good 625 5ugar Maple 180 Per 42 Elm 90 Poor 160 Hackberry 160 Good 211 CheY rr GO Poor 393 Hackborry 0 Fall, SOP 5u Maple gar p 160 Good 626 Edison 32.0 Good 43 5u Maple Bar P 100 Good 161 Hone locust Y 140 Goad 219 Green Ash 10.0 Poor 394 Hocklwrry 1 Good 510 cherry 60 Fall, a 621 Bach 100 Good 44 5ugar Maple 0 1 Good 162 Hackberry Goad 219 Hack Y berr 11.0 Fall, 395 ac Hkb y err 80 BO Poo- 511 Hack y berr 15.0 Good 625 Hackbcrr y 6.0 Good 45 Honeylocusk 120 Fair 165 Sherry do 20 Poor Cherr, Y 100 Poor 396 Bosch AV Poor 512 Hackberr 0 Good 629 Beech BO Good 46 gar Made Su le 6.0 Good 164 5u gar Map p 200 Fall, Eel 261 51 Maple 200 Good 5q1 0 Fall 513 R amat 6 0 Good 63e Beach Good 41 sugar Maple Good 165 Hackberry 0 G ood 2B2 Cherry 6 .0 Poor 3q3 Hackberr y ocd 6 Good 514 1 1 00 Good 631 Beach 5.0 B.O Good 40 Honeylask w 10. Fall, 166 €m 6 l G ood ood 295 Sugar Maple 24.8 Good 399 Hi 50 O B m Fall, 515 Cherr cherr y 10.0 Poor 632 Hackbcrr 9 B. 0 Good 49 Elm . Do Poor 161 Ell I 100 Fair 254 204 Gherry q.0 Fall, 40 55-1 300 Poll, 516 Sliver Maple 110 Fair 633 Elm Good 50 5ugar Maple 10 Good 168 auger Maple 200 Fair 205 c 100 Good 401 1 Beach IOC Good 511 10 Fall, 654 Walnut Ic a Good 51 Honeylocuat 60 Poor Ibq Bouelder 60 Good 206 cherrherry y 201 Fall, 402 Beach 21.0 Good 515 S., Sugar Maple 5 0 Good 655 Cherry 6.0 Fall, 52 cherry 90 Poor 110 Boxalder 60 Good 251 Elml 50 Good 403 ac y Hkberr ILO Good 519 ack Hberry 6 6C Good 636 Cherry 240 Poor 53 Cherry B. Poor 111 Cherry Poor 20B chair, 13.0 Good 404 Hackberry 60 Good 521 H ackberr Y 6a Poor 631 Hackberr y 60 Fao- r 54 55 Haneylow sk Maple 1 0 60 Poor 112 cherry 1Fair 12 0 Fa 261 Cherry 140 Good 405 Ch err y IOC Fall, 521 Hackberry ba Fair 630 Beach 6.0 Good (n 56 5ugar 5ugar Maple 100 Good Good 115 Cherry BO Fall, 290 cherry 0 Good 406 Cherry Good 522 6a Good 639 cucumber Magnolia 150 Good 114 Hackberry 50 Good 291 Cherry 21 0 Goad 401 BeecM1 45 Fall, 523 Beach Beech 60 Good 640 el, 6.0 Fair J 51 5ugar Mae pl 6.0 Good 115 Hackber ry 60 G ood 2q2 Red Maple 6aad 406 Nut 6 0 60 Poor 524 Hackberry Good Y$dIn t 641 Walnu Fair W 59 sugar MCI 6. 116 Hackberry 240 G Good 2q3 Gchoir, choir, 22 22 0 Good 419 NL al, 6a Poor 525 5ugar Maple Ica 100 Good 642 Hackbcrr , y .r DO W > Sq Honeylocusk 55.0 Fair Fall, 111 Hackberry A0 Good 2q4 Cherry y 550 Poor 410 Beech 50.0 Poo 526 Hai 6a Fair 643 Hackberry 120 Per P Pair W 60 Haneylow sk B.O Poor 115 H ackberry 26.0 Good 2q5 cherry 340 Poor 411 Bee 100 r Paor 521 Hackberr 9 ba Fall, 644 Hackberr y 12a Good 61 62 y Hone lMpl Maple 120 100 Fall, 119 Hackberr y 80 Good 296 Gherr Y ICO Poor 412 Beec h 6a Good 529 Hackberry mold -stem 10.0 Goad 645 Hackberry Ica Good r 63 5ugar a e 5ugar Maple 60 Good Good IBC IBI Mulberry Haneylocust 59.0 12.0 GaaQ Good 2q Cherry CO 1 Fall, 413 Cherry Good 52q Hackberr Y 10.0 Good 646 Hackberr 9 120 Good li 64 Su Ma I Good Hackberr, 29B 5 Cherry 12.0 Good 414 Elm ea Poor 530 Hborry ack 9.0 Good 641 Hackberry 6.0 Good 65 gal, p e sugar Maple 6. 9 &.0 Good 163 183 Hackberry 0 6 0 6 Go G ood 299 Hackerr y b 0 Good Gd 415 Cherr y le 180 Fall, 531 Hackberry 60 Good 640 Elm 6.0 Good N 66 Elm 0 Fall, I54 Cherry Poor Maple 0 80 Good 416 rr Maple 0 Good 532 Hackberr, Y 60 Good 649 Hackbcrr, 9 100 6aad Su Mope 6. 6.0 Good IBS Hackberr Ic 100 Goad 5 0 501 1 Apple Apple 80 Poor 411 Cherry 9.0 Fall, 553 Hackberry 120 Fair 650 Hackberry 100 Per 69 be Hackbcrry 60 Fall, IB6 Srabae 100 Fail- 302 Su gar Maple 120 Fall, 410 Ghar , ry 11 Poor 554 Cherry 1.0 Fair 651 Hackberry Ica Fair 69 Maple 8Maples ppl 503 Chery r mulkl -skem 300 Fool, 419 Walnuk .0 130 Good 535 Cher y 10.0 Fall, 652 Elm 6.0 Poor 10 5ugar 5ugar Maple 0 60 Good Good 166 185 Ma Gross, Green Ash 30.0 200 Fall, Poor 304 0 Fall, 421 Green Ash lea Poor 536 Cherry Poor 653 Hackberry 5.0 Fall, 11 gal P Su Ma Ie Good Hone locust Y 2aa Fair 305 chat Cherry 1 120 Poor 4 Cherry Fall, 531 Hackberr y ba 80 bond 654 Green Ash B.O Poor d ea 530 Hackberr 120 Good 655 Red Oak 240 6aad 12 sugar Maple 10.0 Good I91 Haneylocust 0 Fall, 306 Birch 9.0 Fall, 42E 2 HI 60 Good y 10. MC 656 Maple 120 13 Hackborry 120 Good 111 Su Ma le Maple 50 Good O Birch 0.0 Fool, 423 Elm O Poor 539 12.0 poor 5u g P 651 Walnut Good Poor w� 14 15 Hackbcrry Su Ma le 60 ba Food Fall, or q.0 9.0 Good BOB 3rch 309 5 B cherry 80 60 Fa ir Fair 424 425 Elm Hkb arry oo GO 1 Poor Good 540 B 41 Cherry Elm 10 15 Poor Poor 65B Eager Maple I a Ica Poor o. 16 Hackberry y Good 193 ME poor Pear 130 Poor 310 Birch 10.0 Fall, 426 Hackberr a GO Good 542 Hackb y 12.0 Good 659 sugar Maple 15.0 Good T 5ugar Maple 650 15 Good 194 195 cherry Hackberr y 15.0 Poor Fall, 311 Birch 120 Pa ir 421 Y Cherry I 100 Poor 543 Hackberr 12.0 Goad 660 5u of Ma p le 1 20 Poor 19 Elm 6.0 Fall, 116 EIm 40 0 40 Poor 312 Birch 10.0 Poor 420 Hackborry Good 544 Hackberry 60 Good e 661 Cherry Fall, UJ 19 5u MCI Ma 0 Good Pear Poor 515 10.0 Poor 429 Hackberry 5 0 BO Good 545 Cherry 12.0 Fair 662 cherry aI BO Poor BO 5ugar Maples 10 10 .0 Good 190 ME Crabapple lea 10.0 Poor 314 cher Cherry Fair 430 Hackberry 60 Good 5461m B41 Elm 100 1 Pao- Poor 663 Hackberry 664 BeecM1 6.0 100 Good Good 5 01 Mulberry I00 Good 5 80 Good 315 Birch Il 100 Fair 431 Beech 8a Good 548 Hackberry 9.0 665 Blkkernut dwry Hl 10.0 6aad � 62 Su ar Media 60 6aad 20 20 a O Good 516 Cherry 0 Fall, 452 Beech Good 541 Hackberry mulCl -stem 21.0 Good Good 666 Beech 120 Good s J Q� � 63 5ugar Maple Good gel 1 Find Pne 100 IG Fair 0 5 .0 Poor 433 Beech ea O Good 661 5.0 94 5ugar Maple IV 100 Good 202 Mubarry 60 Pool, SO 319 Gherry Cher Ch 80 Poor 434 Beech 8a Good 550 551 Elml Cherry 5.0 60 Pool, Poor Beech bed Hackberry la Good Good p hill!� i BS 5ugar Maple 6.e Good 205 Hackberry 60 Good SIP Birch 5.0 Poor 435 Hal IOC Good 552 Hackberry 100 Fair b69 Beech 100 Good 56 sugar Maple 6.0 Good 204 Pear 12.0 Poor 320 51rch 10.0 Poor 436 Hackberry 100 Falr 51 Hackborry 0.0 Good 205 Spruce 12.0 Poor 321 Cherry 100 Poor 431 Green Ash 15.0 Poor 553 Hackberry Ica ..ad 610 Hackberry 60 Good Be 51 Maple B.O Good 2065 ppru a 200 Poor 322 51rch 10.0 Fair 436 5oech 60 Good 554 Hackberry multi -stem 250 Good 611 Hackberry 61 Good 69 Cherry 120 Fair 201 Ybinut 160 Poor 325 Cherry 10.0 poor 439 Basch 360 Poor 555 Hackberry 50 Good 612 Cherry 100 Good 90 Sugar Maple 10.0 Good 2005ppru a 25.0 Poor 324 cherry 120 Poor 440 Beech 60 Good 556 Hackberry 80 Good 613 Walnut 15.0 Good 91 Hackberry 10.0 Good 289 Sherry 290 PBaf 325 cherry 0.0 Fall, 441 Beech 60 Good 551 Hackberry multl-skem 12.0 Good 614 Hackbcrry 100 6aad 92 Hackberr y 6.0 Good 210 Hackborry 9.0 Good 326 Cherry 0.0 Fair 442 Hackberry 6a Good 559 Elm 80 Good 615 El Hickory 300 Good 95 Hackborry 6.0 Good 211 Sugar Maple 30.0 Good 321 cherry 80 Poor 443 Hackberry 150 Good SEA cherry 60 Poor 616 Em 60 Poor 94 Hackbcrry 6.0 Good 212 5ugar Maple 240 Poor 329 Gharry 0.0 Poor 444 Cherry 60 Poor 560 Hackberry 12.0 Good 611 Eecch 6.0 Good 95 Hackberry 50 Good 213 Aalnutl 80 Fair 52q Cherry 60 Fair 445 BeecM1 60 Good Bel Beach 11.0 Good 619 Elml 5.0 Fear 96 Hackberry 60 Good 214 AdInuk 15.0 Fair 330 Cherr y 80 Fair 446 Spear 2C Good 5£2 Gherr, y 80 Poor 619 Beach 6BO Bml 100 60 6aad Per 91 Hackbemy 6.e G ood 215 IB.O Fair Fo 331 Cherry 8 0 Poor 441 Beech 100 Pool, 565 Hai 10 ..ad Hackberry 6.0 Good 216 YlaI nut 50.0 Goof 552 Cherry y 0 Poor 440 Beer 200 Fair 564 Hackberr 24.0 Good bel Walnut BO Good 100 10 Hackberr y 6.0 Good 211 Hackberry 12.0 Good 333 Cherry I 1 50 Good 449 BeeaM1 36 a Fair erry Hackby 60 Fair 652 Beech 6.0 Good 101 Hackborry 6.0 Good 21Si S Maple Good 334 cherry 12 0 Gaod 450 Elm 61 Good 566 See 561 Hackberry Elm 60 10.0 Fall- poor 6B3 Green Ash 6B4 100 1 50 Poor Poo- 102 Hackberry 6.0 Good 219 q cherry lea 180 Poor 3355 agar Maple 12 0 Good 451 Hackberry 60 Good Sea 5oech 210 Good Cherry 6B5 Su Maple Ica Good 103 H ackberry 60 Good 221 Hackborr y 1 20 Good 336 Elm 0 Poor 452 Hak y 6O Gee Hai gal, pe Q 104 Hackberr y 60 Good 221 Hackberry 150 GaaQ 331 Cherry 10 olsarc 10.0 Poor 453 Elm BO Poor 569 511 Ha Hackberr & a ba ..ad Fall, 686 Elm 6.1 Good � 115 Hackberry 6.0 band 222 Gradappla 12.0 Poor 330 Su Ma Icl gar p 40 Fall, 454 Elm 60 Poor ST y Cher, 10.0 Fall, 6B1 Hackberr y 600 Walnuk 6.0 10.0 Good Good 106 Hackbe rr y 6.0 Good 223 Crabapple 12.0 Poor 339 Elm 80 Poor 455 Elm 60 Good rc 101 Hackberry 6.0 Good 224 Cherry 160 Poor 341 cherry I5.1 Pool, 456 ckberry Ha 110 Good 512 513 Cherr, y Hai 60 60 Poor Fair 6B9 Elm b90 6.0 6aad ° 100 Hackborry 6.0 Good 225 Silver Maple 36a ..ad 341 Poor 451 Green Psh 6C Paor 514 Hackbcrr Beech 691 240 6.0 Good 1ckbcrry 09 Ha 11.0 Fail- 226 Gherry 12.0 Poor 342 Elm Elm 60 ba Goof 450 Elm 60 Fall, y Food Beech Good 110 Hackberry 150 Fair 221 chair, 100 Poor 343 Hackberr y 80 Good 459 Elm 60 Good 515 Hackberry 80 GO Fall, 612 Hackberry 6.0 Good a III Hone 9 locust GO Good 229 Padbud 21 O Pao- 344 cherry 0.0 Poor 460 Hackberry 60 Good 516 ST Hackberry Hackberr, 60 60 Fall, Good 613 Hackberry 614 6.0 Good 12 1 Hackberry 140 Fair 22q Mulberr Y 210 Poor 545 Cherry 51.0 Fair 461 Hackberr, Y 60 Good 510 y Hackberr, Good Basch 695 240 15.0 Good 13 5ugar Maple Ile Good 231 Cherry y 100 Poor 346 Cherry 0.0 Fair 462 Bozelder 6a Far 519 y Hackberry 60 60 Good Beech 696 Beach 10.0 Good Good 114 Hackberr 9 110 Good 251 Sherry Poor 341 cherry 6a Fair 465 Elm ba Good 560 Beech ba Good 691 Hackbcrr 6.0 115 5u9ar Ma 140 Fair 232 Cherr Y 24 Poor 34g Su al, Maple 9 P IB.1 Poor 464 Hackberry 60 Poor 591 Hackberry 6a Fair y 696 Hackberry 100 6aad Good ppp IIb Hone lowsk 9 34.0 Poor 233 esoge orange 10 Fair Sha bark Hlckor 9 9 10.0 Goad 465 Hackberry Good 582 Hackberry 60 Fall- 699 Hackberry 60 Good 111 Hackberr y 120 Good 254 Cherry 46 46.0 Poor 350 Hackberr, y IBC Good 466 Hackbcrry 24 0 240 Good 5B3 Beech 60 Good 111 115 Hone locust 9 360 Fair 235 chair, 230 Fall, 351 Hai 60 Good 461 Elm 60 Good 5g4 Elm 60 Fao- Beech 101 Beach 241 20.0 Poor Good C y TREE SURVEY L15T TREE COUNT 5e 5-Ell COMMON NAME GBH GONE. b COMMON NAME GBH GONG. Apple i Beech 1 z Beech I5.0 Good 5 19 Shagbark Hickory 240 aod B irch 21 21 v 1 0 105 rry 60 Good 2 der F Fair BR c iernut Hkory 2 104 4 Beach h 60 bond D B21 1 Elm Elm 60 ba Pear er 12 '105 Basch I5.0 Good 822 Elm 10 Poor Cherry e ChCrab. 106 Beach 15.0 Good 823 Boxalder 100 Poor Crab app le 4 4 705 Beech 150 Poor 824 Hackberry 100 Good Oummber Magnolia 1 OP Basc 120 025 Green Ash 400 Poor dogwood 2 T Beach h 6.0 See Good B26 Hackbarry 100 Goad Elm 14 710 110 Beech 0 Good 525 Hackberry 120 Goad Green Ash 29 511 B r 6 Goad 828 Geen AS r Ie0 Poor Hackbarry 260 512 B each I 0 10 ch Good 529 Green 15.0 Poor Hancylacusi 6B 11 Be Beach 240 Good E Aah Ash 1.0 Pa Mulberry 5 514 4 Beech Goad Sal 851 Ellm m IBC Far ir Fears Orange 2 515 Basch &.0 Good 852 Graen AsM1 100 Paor Pear 3 T 20. 6 Beach 20.0 Falr 5 Elm 100 Fair Pln Oak 1 515 Beech 80 hood 5 534 4 Graen Ash 100 Poor I 715 Beech l ac Poor 855 Green Ash 100 P aor Red Rod Maple 1 519 Sugar Maple 5 50 Good 556 Crean AsM1 200 Paor Red Oak 1 Sugar Maple BO B55 Hal Fair 2 1 2 521 1 Beach 6.0 Food See BEE Grecn Ash 100 Poor 5rageo Shagbark Hickory 3 2 Beach Fair 839 Elm 90 Good 5 Maple 10 725 B 12 840 ao Hkberry 80 Goad 5 p"c pruca 6 W 524 4 Beach each Do BO See Food 041 Hackberry Good Sugar Maple tbay Magnolia I ZZq 525 728 Beach Hackberry 60 6.0 F- Goad 542 043 Cherry Hackbarry Do BO 10 Peer Good Brao 5weetgum 1 S III C W l25 arF Poor B44 Hancylacusi 5. Fair Nbinut 32 Q N l2B Ch Cherry Do BO Food 845 Honaylocust bO Fair 0 W 129 Beech Ica band 846 Haneylacuat 80 Fair TOTAL 921 a W 750 Green Ash 15.0 Fear 845 Honeylocusi 80 Fair m Z 151 Sugar Maples 160 Good 54B 849 01rch Birch 60 130 Good 2 Q 132 Beach 50 Poor Good 783 Elm 60 Pair 550 Birch 1.0 Good IC H 154 Sugar Maple 120 Goad 851 Honeylocusi 12.0 Good O z w 155 5ugar Maple 6.0 Good 552 Honeylocusi BO Goad Z 156 Boach 6.0 Good 059 Honaylocust 60 Good U 755 Hackberry 6.0 Feed 854 Honaylocust loo Food TREE COUNT 5Y 51ZE AND CONDITION J J LED Beech IHO hood 855 Honaylocust 100 Good W 759 Cherry 240 Fear 856 Haneylacuat 100 baad d 140 Beech 40.0 Food 551 Hackberry 9.0 Good TOTAL 6000 FAIR POOR 141 Beech 60 Pair 855 5oxelder 11.0 Good 142 Beach 6.0 Falr 559 Elm BO Fair I TO 12" Fa 525 154 141 145 Boach 120 Good B60 cherry 1.0 Good 12" TO IB" 165 55 56 49 144 Beach 120 bead 561 Elm 60 Pair 18" 10 24" 84 4C 21 25 145 Beach 100 Falr 862 Cherry mult1 -atam 25.0 Poor 24'Y 71 29 14 25 146 Boach 6.0 Good 565 Ohorry 19.0 Poor 745 Hackei 1O Ter 564 Honaylocust 15.0 Fair TOTAL TREE5 921 475 205 241 748 Beech 120 baad 565 Cherry 10 Poor 149 Hackbarry 100 Good 566 Green Aar 11.0 Poor 750 Bcachl BO Fall 567 Hackborry 220 Goad 151 Beech BOO Food 56B Hackborry 60 Good 152 Beech 15o Poor B69 Hackbarry 60 Good 755 Beech 100 Fall 510 Hackbarry 60 Good 154 Shagbark Hickory 120 Food 811 Hackberry 60 Fair JN 155 Hackbarr y 100 bead 512 Elm 50 Good N 156 Beach 50.0 Fair 815 Elm 60 Good 151 Walnut 120 5ood 514 Beach 25.0 Fair W` 755 Walnut 100 Fear 515 Birch 10 0 Good J 159 Walnut 15.0 Good alb Elm 6a Poor / 160 Beach 300 bead 817 Dogrvood 60 Good c Q 761 Beach 6.0 Good 515 Cherry 60 Fair = �l L 162 Boach 50.0 Falr ale Sugar Maple 60 Good 165 Hackei 6.0 Food 550 Elm 60 Food LA Q 164 Hackbarry 60 bead 561 Elm 60 Good W 165 Hackberry 120 aimed 582 Elm 6a Gaad c a LU 166 Beach 6.0 5ood 555 B54 cherry eharry 12.0 1.0 Poor Poor 767 Hackberry 120 Good `y 16B Elm 210 Poor 565 Elm 60 Good l69 Hackei 130 Tel, 556 Cherry 100 Poor 110 Hackbarry 120 Dead 58l Cherry 12.0 Fair TI Beach 50 Good BBB cherry 1.0 Poor a 112 5oxeldar 120 Fall 589 Hackbarry 60 Good 775 Hack'cerry 6.0 Fall 590 Cherry 1.0 Fair 114 115 Hackbarry Hackberry 6.0 6.0 Falr Food 591 B92 Cherry Mulberry 110 15.0 Poor Poor Q. 116 Hackbarry 90 Dead 893 cherry 90 Fair W1 ,A 717 Beach 240 Falr 094 Hackbarry ba Good a 118 Groan Ash 100 Poor 595 Hackbarry 9.0 Fair �; E 119 Hackberry 6.0 Good 596 Malnut 50 Fair E 150 Ell 60 Fa1r 591 B96 Hackborry Hackbarry 60 60 Fair Fair r^ 5 181 Hackbarry 10 Pair 9 4 182 Hackberry 10 Fair 099 9OO Walnut Cherry 60 6a Good Good Q� ��a 753 Hackberry 1O Poor 901 Cherry 8O Poor 754 Hackberry 100 Good 902 Sugar Maple 12.0 Good 10i 3 $9 185 156 Ell Hackberry 2.0 50 Poor Good 905 Elm 80 Good 6 757 Hackberry 60 Fa1r 1045ugor Maple 60 Good 788 Hackbarry 50 Dead 905 5ugar Maple 6a baad 189 Hackberry 60 baad 9O6 Cherry 7.0 Fair 79O 5ugar Maple 19.0 Good 901 cherry 150 Good 791 Hackberry BO Good 908 Chair, 6a Fair 192 Hackbarry 6.0 Good 909 Hancylacusi 12.0 Good 793 Beach 60 Fair 910 Sugar Maple 60 Good 794 Hackloorry 80 Good 911 Hackberry BO Goad 195 Hackberry ea Good 912 Hackborry 9.0 Good l96 Hackberry 8a Good 915 Elm 1.0 Poor 797 Hackberry BO Good 914 Walnut 60 Pair 195 Hackbarry 6.0 Good 915 Hackberry 6a Gaad l99 Hackberry BO Food 916 Hackbarry 6a Good 800 Hai 50 Dead 911 Hackberry 80 Good 801 Hackberry 80 baad 915 Hackbarry BO Good 502 Hackberry Ica Goad 919 Hackbarry 100 Good 505 Hackberry 15.0 Good 920 Hackbarry 80 Good 504 Hack'cerry 20.0 Good 921 Hackberry 10 Good 505 Hackbarry 6.0 Falr rc DOD Hackberry 6.0 Food 801 Hackbarry 120 Dead p 808 Hackberry 100 Good Doi Hackbarry 120 Good 2 510 Hackberry 8a Good 511 Hackaiirry 9.0 Good 512 Hackbarry 15.0 Good 515 Hackberry 6.0 Food 514 Cherry 60 Poor 515 Ell 6.0 Fall PDP 816 Hackberry BO Good 517 Haokberry 10.0 bead 515 Hackbarry 50.0 Good 7 R CITY OF DUBLIN, OHIO H CITY OF DUBLIN E PRELIMINARY DEVELOPMENT PLAN FOR WELLINGTON RESERVE 2012 LOCATION MAP Not to 511/e LTNIid'a P ®. 561NfC6 1- !D]4Zb1 iAJa¢x.Yeua REGIONAL REGIONAL CON�XTMAPMAP 00 00 800 Sco /e: 1" — 400' SCALE M FEET 'rl Qw a � °- w o w VI EXISTING: R & R -I PROPOSED: PUD � W a Z ?o X mw owo RIGHT OF WAY: +2.61 ACRES NUMBER OF LOTS: 28 O 0 a DENSITY: or H TABLE OF CONTENTS Q C7 Gros ±1 50 DU /ACRES > Z TITLE SHEET &INDEX MAP l PRELIMINARY PLAT 2 w J UTILITY /GRADING PLAN 3 m a OPEN SPACE /RECREATION FACILITIES: REGIONAL REGIONAL CON�XTMAPMAP 00 00 800 Sco /e: 1" — 400' SCALE M FEET 'rl Qw DEVELOPMENT DATA W ZONING EXISTING: R & R -I PROPOSED: PUD w W a Z GROSS AREA 118.584 ACRES H H F RIGHT OF WAY: +2.61 ACRES NUMBER OF LOTS: 28 DENSITY: Gros ±1 50 DU /ACRES Net ±1 J5 DU/ACRES OPEN SPACE /RECREATION FACILITIES: Required: ±121 ACRES eta 0.02 X 18.584 - 0.37 ACRES (OPEN SPACES 0.3 X 28 - 0.84 ACRES (OPEN SPACE) Planning Commi4ion Approval Date: Date `0 Council Approval Dote: D Date Director, Land Use and Long Range Planning Date Cceto, Property Owner Date SHEET REGIONAL REGIONAL CON�XTMAPMAP 00 00 800 Sco /e: 1" — 400' SCALE M FEET i n R c1 e � I a= 132 43 McCARMV L -23243 90' T 146.84' -_ �� - 89'35'43" 30' 55' R= 155.00 L =242 38' T- 153.91' -� a 1 df 5B J MG f PE J. REEVES Sp _ 17 I 60 2 83 123 W _ 1 _ 1 tl SCALE M FEET o a / �–{ L t �1 V — L A /� / EX KATESBRIDGE COURT � 1 1 IX. 1(ILBRI TiAN LANE JMIES M.B 7-L 1 ,- l O THVI B. V� \ SNIDER —Z r__ L _ L 1RU81EE5 l Z -I `1 Z r —T s . -� i l r r -s r -- _– – i J ra / FRFOERK:K J.B III MGHANATII ( MICHAEL 8.a Lt - -_1 / WILLIAMB MARK E.B PAWNISWAMV BRNII 8. JENNFERA JAA JAGANRa JEFFREYS.BERNEIEE P. Al KA AGIIIA , SUSAN B. BHAHDN B. E.E.M. O' LANIDIB EMSMINGER CE MC. VIJAYA L. PAGNATiA McpONALp GOOD WU I,,piI JURAS VEGP RODRMIJI CNITTIPROLU 3S0'W ,I THa __ 1753.85' T I GREGORY] I aL4 E. gNDREWG -J Z m I l l W RIETIM A, � � I HANDLER McCARMV m r GRE TH E GO AES P a 90' i0 GEORGETT 30' 55' + I _1 � a 1 df 5B J MG f PE J. REEVES Sp I 02 17 _ W 'C m W: 4e.o0' 0' G° 6,58 21.00 Ladder Truck feet Width 8.20 Track 8.00 Lack to Lack Tim, 8.0 Steering Angle 33.3 15 g 1 14 F 13 12 R � 11 a � 10 ?' \ W-30 BUILD ZONE, NM WE MK:HAEL18 JOESPH JANETD. J. SUSAN E. HANDLER McCARMV r - 1 90' i0 t 7 ` TWGy 30' 55' � a 1 df 5B L� myn�LEyNr f ev VnL EeMr Z O l� Z I 02 L a � >O o 18 19 I 20 F 1 tl w w- o a J 4 aY 26 3 �� �i z F r' I e w a 30'R YARDS KI p D r. avurL EEMr _ I a I W vum ESMr y r FJ F 3 8 ea w - - - aymDpnllp w 1.9 Ac. W M Ii L__J L'+ D!� I- nz K a 2z _1 Z 1_ WI0 9 S j5 o 6 R� {B 81' 108' 18' _RES ERVE C OURT 01096' FApFO6Ep YB0M:lW% RESERVI t1.0Ac. + - -I - I 7' 1 9MTl MLLTJNSE TAFFRILI M BURN SIpEVIALN �q � W 9B BV 6 90' 88' BB 30' 55' O Z U] OR a 1 df 5B L� myn�LEyNr f ev VnL EeMr Z O l� Z 2C 'BUILD ZONE a � >O o 18 19 I 20 F 21 w w- o a 2 26 3 �� �i z 30'R YARDS KI p D r. avurL EEMr w NE vum ESMr J s 3 8 ea R ERVE'9' - - - aymDpnllp w 1.9 Ac. i 148' N _1 q R s a e ✓' U I 143 5 j W A'VIILEEM! _ a GO °1450 °E AMR m iH / C tl o ng!E MLLTJNSE TAFFRILI M BURN SIpEVIALN �q � 13 T2' 9B BV 90' 90' 90' 88' BB 30' 55' a 1 df 5B L� myn�LEyNr f ev VnL EeMr 2C 'BUILD ZONE 18 19 I 20 F 21 22 23 24 25 26 (III( I 27 ^ w wLESMr 28 30'R YARDS KI avurL EEMr TREE NHANCEMENTZ NE vum ESMr ITS- By aymDpnllp w - JUM "W Wmnlnebn iowneNP CoryoreNnuna _ 1 MOHAMMAO 1 4.0 AD. OFF- gGRBFMEHRIZI I FSITE DRAINAGE JERRY B.a MARSHA M. GPEARG, III I EDWARD J.A EWSE. -� THOMAS � m – – 13PUT – /1 C Y 1 / 7 0 I s Y f f 3 NOTE. Grading shown Is based en Auditor's Topography and is subject to change upon completion of final engineering plans. o bcNMrMan Bwln� �S a r > r Plfi� 50 OF OF SITE SAN ITARY SE WE EXTENSION u5 999 T .9Yt0 9F CRV GF @uN yN F \ SAN 8'9M1 E _MUL4 EX. BRAN ROAD _ Ex M.E a HW Foci •W.M. R,RW \ f Ea10•S9n. 60 a 60 120 SCALE IN FEET - - - -� / s v ,tip �. v > l - - - -� el LT I L -- I o' \ \ KA7ESBRIDGE COURT \ \ - / a% EJG LBRRTAN E y (` \ IF \ \\ - /� -- Y Z y_L l __ SNIDER, �- � L - L i a �Y �� 1RU81EE8 L 1 - -\ \ I � wta I I aea.5 I � � J I j I __ _' I I d s I \ wo.o 2 4 - E ., 2 988.0 rR� B@B.0 r 989.0 X0.51 Z_f L -J L_ I:9I IT xd Fxi @' aTC BBB 96 _J I L - - -J II 1 j0 y 91m. -� I Et irm8N.fi2 FNEDERKM J.d KAS �/Itty Mg_ MARKE6 PALWI AMY I S. J AB JA9 SCARIETEJ. KATARINA M. SUSAN B. - I- HM18A �� JEFFREYS.BERNELEE P. GOOD A ppGNAITA GN B. LN9DI3 EMSMINDER 5I ECIW -I _ WU J VENUGOPAL U DRIC .- . 00 Ex. @•BWb la; E9.9 /• TC B � g� 12•@TM O to .50N O '.Inv881 KEN TH C ' OH RI TM I - -_ a3 a3 2' bTM IXe9n 3 � IX ' � 6 1' IX avwxWNr � 40'TREE REA NMI- aau,�9anN� . BACK REC#IW.B ° II 16/ THE SA FGE 14 � 13 _ $ 12 0 FOR o / "1 -.0 � 'FGE �E p �;��� °} oo _ _ 1 o 895.9 i 885.0 884 5 F 8 GE o FGED _ - 0I (p V 0 .0® 0 2�0' BI�ID' E 0 sE O uP@r9r 1 00 0 0 8 94.5 .1O 8 �y 0 0 8 n Q -+ W hI I h� -II I I I J, I ,' �I L - MIC LIA JOESPHJ.d &I ®F TC 680 G0 TD. SUSAry E. r, Ex. inv�M.45 I � I � °L - MCCwRmv 'v , W N] �/ J 99 � PiR'P I� 1 _ - }- �II 9I H 0 I s T , L r j 7L Ji o KT o r - -�S g gas n I a w L II _ n E J Ll w F � w y I 94s O b l G� >O J 5 a4 S 1 eF N Mal, L -vO W W N $ O cI Row 97� ~� L F Ex. 9• IkBeeE �-� -� A 5� $ O p flF1 O w (r�p'/ N D O 6 / i i g o PIi11Pog04 - � ® o 7 z 0 e i 9 w _ O �1 $ _ �6 z a RO914E4 ° ANO q v {j X 51' 0 05 SP ynl �- o FGE FG � 8968 0 0 0 It 0 0898.00 8 ; 66 0 / I� a 0 o 0 0 20 o 0 GL . 9 E ARD .A ERIN TH o O 0 0 O / c4� a2 O o^ 1 9 0 00 0 ® O 0 0 / 10 -+ W hI I h� -II I I I J, I ,' �I L - MIC LIA JOESPHJ.d &I ®F TC 680 G0 TD. SUSAry E. r, Ex. inv�M.45 I � I � °L - MCCwRmv 'v , W N] �/ J 99 � PiR'P I� 1 _ - }- �II 9I H 0 I s T , L r j 7L Ji o KT o r - -�S g gas n I a w L II _ n E J Ll w F � w y I 94s O b l G� >O J 5 a4 S 1 eF N Mal, L -vO W W N $ O cI Row 97� ~� L F Ex. 9• IkBeeE �-� -� A 5� $ O N D O 6 .Z6] i g o Z r% ® o 7 z 0 e i 9 w _ O a _ �6 z a RO914E4 � L" J ^ _ 8968 FGE v a J GL . 895.0 y n r9a e= � I � z 9AN � O - F O i J F 9 0 0 R COUR P94Paff4 ewaK / os4x F E U U 2V- 90'BUILD ZONES FGE 1s ' 91r B .2 885.8 FGE 995 FGE FGE 895.7 �2 o � 23' k X24 g 26 / / 1 25 27 0 O ARD SET KI /^ 0 <, 0 i4calr REE N NCEMEMZ NE aum esNr 0 12• fYBTM TM q 1Y 8TM 1Y O 1 P 8o O � 4f OUb9n 39 e O lfi O � O 0 E%901.6 EK 901. pL IXBW FX 983.4 R. T IXA10.0 IX9WL IX •� c- - um u M ¢� OHPMMAO \ 4.G ADS AGN @FME DRAINAGE JERRY o.ar.�wsHn M. sPEnns, 111 FGE 895.0 0 � \ O $ W 2fi . p O IXW4.1 / lip z IJ - -, W 3M'7Q[Y1I i mug a .Z6] O 5 Z r% ® �� ZO o z 0 9ex4 i 9 w _ O a _ �6 z a RO914E4 � L" J ^ _ 3 a J U y e= � I � z � O - F O i J F � E 1. I / EE _ Z > 9HEEr _ 3 r c o ityclif Dublin Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 phone 614.410.4600 fax 614.410.4747 www.dublinohlousa.gov PLANNING AND ZONING COMMISSION RECORD OF ACTION JANUARY 5, 2012 The Planning and Zoning Commission took the following action at this meeting: 1. Wellington Reserve 5144 and 5056 Brand Road 08- 038Z /PDP /PP Rezoning with Preliminary Development Plan Preliminary Plat Proposal: A subdivision of three vacant parcels with 28 single - family lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District, located on the north side of Brand, approximately 700 feet west of Coventry Woods Drive. Request: Review and approval of a rezoning with preliminary development plan under the Planned District provisions of Zoning Code Section 153.050, and a preliminary plat under the provisions of Sections 152.015 through 152.022. Applicant: CASTO; represented by Ben W. Hale, Jr., Smith and Hale LLC. Planning Contact: Claudia D. Husak, AICP, Planner II. Contact Information: (614) 410 -4675, chusak @dublin.oh.us MOTION #1: To recommend approval to City Council of this rezoning with preliminary development plan, because the proposal meets the Community Plan designation for this site and the applicable review criteria for a Planned Development, with ten conditions: 1) That the developer be required to notify the future property owners in the northern part of this site regarding the possible future road extension; 2) That the development text be modified to clarify the proposed landscape buffer planted within the tree enhancement zone of Lots 1 through 18 will be installed by the developer and maintained by the individual homeowners; 3) That, if deemed appropriate by the City Engineer, in lieu of constructing the multi -use path along Brand Road, the applicant contribute financially to the City's Brand Road Multi -use path installation; 4) That the applicant install an off -site left turn lane from Brand Road to Wellington Reserve Drive as recommended by the traffic study, to the satisfaction of the City Engineer; 5) That the development text be revised to duplicate the fence restrictions of the surrounding neighborhoods; 6) That the development text and plans be updated to indicate multi -use paths instead of bikepaths; 7) That the tree replacement language in the development text be revised to require inch- for -inch replacement for trees 12 inches and greater; 8) That the text clarify that any supplemental plantings within the Tree Enhancement Zone shall not be counted toward required replacement trees; 9) That the details of plantings within the proposed Landscape Buffer be reviewed and approved at the final development plan stage to ensure existing trees are preserved where possible and incorporated into the buffer; and 10) That the developer work with the residents to the south of the proposed access point to provide a landscape screen, subject to approval by Planning. Ben W. Hale, Jr., representing CASTO, agreed to the conditions. Page 1 of 2 PLANNING AND ZONING COMMISSION RECORD OF ACTION JANUARY 5, 2012 1. Wellington Reserve 5144 and 5056 Brand Road 08- 038Z /PDP /PP Rezoning with Preliminary Development Plan Preliminary Plat VOTE: 7-0. RESULT: Approval of this rezoning with preliminary development plan was recommended to City Council. RECORDED VOTES: Chris Amorose Groomes Yes Richard Taylor Yes Todd Zimmerman Yes Warren Fishman Yes Amy Kramb Yes John Hardt Yes Joseph Budde Yes MOTION #2: To approve this preliminary plat because it meets the requirements of the Subdivision Regulations with two conditions: 1) That the applicant ensure that any minor technical adjustments to the plat should be made prior to City Council submittal; and 2) That the plat be revised to include utility easements, a minimum of 20 feet in width, centered on all proposed public sewer, accessible to the public right of way and a drainage easement over the areas of the stormwater basins defined by the anticipated 100 year storm water surface profile. * Ben W. Hale, Jr., representing the applicant, agreed to the conditions. VOTE: 7-0. RESULT: This preliminary plat was recommended for approval to City Council. RECORDED VOTES. Chris Amorose Groomes Yes Richard Taylor Yes Todd Zimmerman Yes Warren Fishman Yes Amy Kramb Yes John Hardt Yes Joseph Budde Yes STAFF CERTIFICCATION 0 1aud .0t -Aa ,k,rJ ~ ia D. Husak, AICP Planner II Page 2 of 2 Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 1 of 13 1. Wellington Reserve 5144 and 5056 Brand Road 08- O38Z /PDP /PP Rezoning with Preliminary Development Plan Chair Chris Amorose Groomes stated that the following application involves the subdivision of three vacant parcels with 28 single - family lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District, located on the north side of Brand Road, approximately 700 feet west of Coventry Woods Drive. She said the Commission will make a recommendation to City Council on the preliminary development plan and rezoning as well as the preliminary plat. Claudia Husak said the Commission reviewed this case in October 2011 and there were a lot of concerns by the Commission and adjacent residents with the setback from Brand Road and the existing drainage issues, and tree preservation. She said the Commission also wanted additional information regarding the Brand Road access point and the potential for having the subdivision be accessed from the existing Wellington Place neighborhood. She said the Commission agreed with the conditions that Planning at that time had proposed for clarifying the requirements and development standards that were being proposed in the development text. Ms. Husak said that Aaron Stanford with Engineering will also present information regarding this application as many of the previous questions and concerns centered around engineering issues. She said the site plan proposes 28 lots on a new road to be accessed off Brand Road with a unit density of 1.5 units per acre which is comparable to what is surrounding the area. She said the lots are proposed at a 12,000- square -foot minimum with a 90 -foot minimum width and a 140 -foot minimum depth. Ms. Husak explained that there is a 20- to 30 -foot front building zone required and there are six -foot side yards with a 14 -foot total side yard which is comparable to the surrounding neighborhoods. She said the applicant has proposed a 100 -foot setback from Brand Road which due to the required curvature of the road has not changed the locations of the lots on the north side of Brand Road. She said the applicant has increased the rear yard setback for Lots 1 -7 which are the ones on the north side of Wellington Reserve Drive and there is a 40 -foot rear yard setback proposed for lots on the north side of the extension of Ballybridge Drive going all the way north and then to the west, the lots on the west side of Wellington Reserve Drive are proposed with a 30 -foot rear yard setback which has increased by 5 feet compared to what was proposed in October. Ms. Husak said the applicant is proposing at the rear of each of the lots on the east and west side of Wellington Reserve Drive to require a Tree Enhancement Zone. She explained the intention of the Tree Enhancement Zone is to prioritize an area for tree replacement to take place. She said that there will be a lot of grading activity that needs to take place to alleviate existing stormwater issues that the neighbors in Wellington Place have and also deal with stormwater management for this proposal. She mentioned that lots adjacent to lots in Wellington Place and on the north also include a landscape buffer which the developer will plant and the homeowner will be required to maintain at 75% opacity. She said the a hedge or wall treatment is required for court loaded garages to eliminate the views into those driveways and the applicant is proposing a hedge treatment that will be for side loaded garages that would be at the rear of the driveway to help with shielding head lights. Ms. Husak said the applicant continues to propose a naturalized landscape treatment for Brand Road with a dry detention pond as suggested in the Community Plan and there will be a new road from Brand Road serving the subdivision with an extension to the western portion of the unincorporated land within Washington Township. She said a new intersection is proposed with Brand Road to access the site with a turn lane and there were a lot of questions at the October meeting from the residents and the Commission regarding the necessity of a separate access point for this site and whether or not it could be served through the extension planned through Ballybridge Drive. Ms. Husak said she was informed by the Washington Township Fire Department that the existing the subdivisions surrounding this site are not meeting the Fire Code for access, so this proposal could not be served by existing roads and is helping Wellington Place with their existing Fire Code access issues. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 2 of 13 Aaron Stanford said with this application a traffic study was performed by the applicant and it modeled the traffic that would be generated by this development and identified any offsite improvements that would be required to be performed by the applicant and with this application it identified a left turn lane will be constructed at the time of their subdivision on Brand Road. Mr. Stanford said the other element was to analyze site distances for the proposed intersection which helps to identify safe access point locations and shows that there are adequate site distances at the proposed location. He said they have found that the spacing from Coffman Road is approximately 1,500 feet and the spacing from the next adjacent intersection to the east at Coventry Woods Drive is approximately 730 feet. He said the desirable point of location is determined by pushing the intersection point away from the heavier volume of the intersection at Coffman and Brand Roads and improves the spacing from Coffman and Brand which has additional traffic and there is adequate spacing from Coventry Woods with the anticipated traffic. He said there is an intersection improvement planned for the intersection of Coffman Road and Brand Road with the installation of a roundabout and in the 5 -year Capital Improvement Plan they have provided for funding for preliminary engineering which will be performed this year, but the funding for final engineering or construction has not been determined. Mr. Stanford said site grading was previously identified that some of the house pad locations along the eastern boundary of the site were raised to an extent where it may create some excessive grading with the adjacent lots and the Wellington Place Subdivision, since then the grading plan has been improved reducing the change in grade of the site which helps the natural transition of the grading of the site and from the western edge to the eastern edge of this site there is approximately 12 to 14 feet of grade change and they have managed it fairly well and reduced the grading at the rear of the lots. Mr. Stanford said currently within the CIP there is a Brand Road Bikepath project that will be within the area of this project because of the timing of the bikepath along Brand Road it is likely that the City would be constructing this portion of the path and would like to request reimbursement from the applicant for the bikepath that will be constructed this year. Ms. Husak said the applicant has provided a rendering of the site of what it might look like at the development stage and confirmed a lot of the discrepancies they had between the text and the plans at the last meeting were resolved with this submittal and the applicant has eliminated the one -foot driveway allowance that was proposed last time and there is open space dedication that has been resolved and accurately reflected and the maintenance of the open spaces have also been accurately revised. Ms. Husak said Planning has reviewed the proposal thoroughly and analyzed its compliance with the review criteria and is recommending approval of the rezoning with preliminary development plan with four conditions as outlined in the report and approval of the preliminary plat with two conditions. Ben Hale Jr., 37 West Broad Street, Columbus, Ohio, representing the applicant, said Bill Ryatt with Casto and Charlie Ruma who is the developer is present if there are any questions. He said they wanted to talk about Mr. Ruma's intent with this subdivision. His development company is Davidson Phillips and they will be developing this subdivision, his son is Charles Ruma who owns Virginia Homes. Mr. Ruma is doing this development on his own and also developed other subdivisions, the most similar is Wedgewood which is also in Dublin. There are a number of builders there that are having a difficult time finding lots and what Mr. Ruma does is to meet with the builders to select lots and make deposits and at the time he believes all these lots will be spoken for. He said Mr. Ruma will have the builders in place and the minimum will be $125,000 per lot which will render a house at $450,000 to $550,000 range. He said there was a concern of where Mr. Ruma was going to get the loan for this project and he is using his own money there will not be a loan to develop this site. Mr. Hale said they have seen an improvement in the market and he knows that these builders want places to build and they will be developing a subdivision that is a terrific development. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 3 of 13 Mr. Hale said they were asked if they could make the curve coming in the front of the subdivision more severe and reduce the setback and increase the lots on the north side of the road and they were not able to do that because the curve as proposed has to meet safety requirements. They tried to provide for the neighbors along the western and northern property lines with setbacks that were increased to 40 feet. Mr. Hale said part of the Tree Enhancement Zone and the tree replacement is to emphasize trees and provide 75% opacity along that border which means they will plant a fair amount of pines trees. He explained if there is a side loaded garage they will provide plantings to block the lights of those driveways. Mr. Hale said the 40 -foot Tree Enhancement Zone cannot be invaded with a porch, pool, deck, or a patio and there are other substantial areas between the houses and the 40 -foot setback that will be planted heavily and additional open area will be provided by setting the houses closer to the road. He said their experience is that they need the ability to have decks and patios, they could have made the area deeper but then they would have a very small back yard that would prevent patios or decks. Greg Chillog, Edge Group, said the frontage treatment is an area for them to reforest and create a natural element with the replacement trees that will be located along the Brand Road frontage to create a community amenity. He said this area will also have a living retention basin or rain garden and will be a wooded naturalized area with a basin with soft grading and plantings with deciduous trees, evergreens, shrubs and natural grasses it will appear as a wide expansive land and there will not be a definite boundary or an edge to a dry basin or a pond. He said the frontage will be very natural and free flowing and blend in with the community character. Mr. Chillog explained that they are trying to bring a nice front door onto Brand Road and create a community amenity. Mr. Hale said any trees that have to be replaced as a result of putting in the streets, Mr. Ruma will replace them within the frontage and along the edges of the subdivision and their experience is not to remove trees from the lots until they know which house will be there because a wooded lot is more valuable any tree removed off the lot will be replaced back on the same lot and he said that Mr. Ruma is responsible for making sure this happens. Bill Ryatt, Casto, said this is about the fourth attempt at the zoning since they have come by the land and when Mr. Ruma came along they knew they needed something nicer, with much larger lots, less density and really high standards. He said they have 5 home sites along the section of Brand Road and the neighboring properties have 11 homes in that same area and the same situation happens along every boundary line and comparable to all the neighborhoods surrounding this property they feel really good about their project. Ms. Amorose Groomes announced that there are people that have signed up to speak, she will call their names and anyone who did not sign up will have an opportunity to speak. Roger Reeves, 5149 Reddington Court, said he is in the Brandon Subdivision and backs up to Lot 17. He said he has lived in his home for 22 years and probably longer than any of the other adjacent property owners. He said this is the fifth attempt to try and develop this site and in 2005, the Edwards Land Company made an attempt to develop this and in terms of commenting to what Mr. Ryatt said he sees very few if any changes or modifications to the current plan from what the Edwards Land Company was trying to do. He said at that time a number of the adjacent homeowners went around the neighborhood and the Wellington neighborhood and solicited comments from property owners both adjacent and affected properties. He said that they approached 156 homeowners in both subdivisions and asked what they wanted to see done with this site and they got 150 responses that they did not want to see this property developed. He said when he moved in he had no expectation that this would not be developed, but they felt they wanted to see something done responsible and that is similar to what already exists. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 4 of 13 Mr. Reeves said this particular site is probably one of the last heavily wooded sites in the City of Dublin that has not been developed and he suggested a much larger no -build zone along the northern border of the property. He requested a 200 -foot no- disturb zone off the northern property line and the applicant agreed to increase that to a 40 -foot Tree Enhancement Zone. Mr. Reeves believes this is inadequate and he was not supportive of the 75% opacity requirement in the replanting area. He was concerned that this requirement would necessitate taking existing trees out as they would not be adequate to meet the new requirement. He proposed an alternative that involves moving the road that stubs to the west and eliminating Lot 19 to make the northern three lots deeper by about 141 feet. He suggested that this way a large almost 188 -foot no disturb zone could be created. Mr. Reeves said both Wellington and Brandon have restrictions against any type of fencing and in the proposed plan there is no such restriction and they requested that a fence prohibition be added to the request for this subdivision as well and finally he wanted to say that his fellow homeowners in Wellington both along the eastern boundary and along Ballybridge on the southern end, they have all met and they are unanimous in their concerns as well as requests for modifications of this plan. Hamid Mehrizi, 5173 Reddington Court, said he is two houses down from Mr. Reeves and is in 100 percent agreement with Mr. Reeves. Gregory Andrews, 5157 Reddington Court, said he expresses his full support in what Mr. Reeves has presented. Dave Jenkins, 5071 Brand Road, said he is opposed to the whole project and thought it is way too many houses on this kind of a lot. He said the proposal is not keeping in line with what Brand Road is all about with five to seven houses along there and he does not know what kind of trees they are planting along Brand Road, but it makes a big difference of how big they are and what kind they are and he thinks there is way too many houses. He said he knows this is awful late but he was not here for the first meeting because he was out of town and he lives right across the street from it and if there were less houses there would not be a need for a curb cut coming out to Brand Road and that is his feeling. He does not know why they didn't have the other project had ponds out front in Brand and now they are proposing a dry retention pond. Ms. Husak said the Community Plan does suggest dry detention and a more naturalized treatment as opposed to a more manicured ponds. Mr. Jenkins said the big problem that he sees with it and it looks good and if they put all that landscaping in and screen it off, but he still thinks there is way too many houses along Brand Road and that is not the way Brand Road is and if they take one or two maybe three houses out of there and he would suggest building a bigger nicer house on a bigger lot and that would satisfy everybody. He said they are talking about getting other builders in there and he knows Virginia Homes and they should know who they really think they are going to line up and what kind of house they are building and what is the starting price and he sees homes being built all over Dublin start at 7 or 800,000 Dollars and they are talking about a 450,000 Dollar house and he would like to see a bigger house on a bigger lot. Collette Feldman, 5053 Ballybridge Drive, thanked everyone for the opportunity to come and express their opinions, she and her husband have lived in Dublin for 23 years, and they do not utilize the school system they live in Dublin solely because of the amenities such as trees and bike paths and the green spaces and parks. She said they chose their current home location 11 years ago and will back up to the homes that front Brand Road and when they chose that home location they were confident that because they are in Dublin no future development would be allowed that detract from their home value and they remain confident that Dublin will respond to voices of all the residences that are here and were here back in October to express their opposition to this development and they presented a letter in October that Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 5 of 13 was signed by every resident that backed up to this area on Ballybridge Drive and they had three main concerns, visual barrier and they felt that the 75% opacity requirement has addressed that concern. Ms. Feldmann said the second concern was regarding drainage and because that concern is shared by the residents of Kilbrittain she is going to wait and let Mike address that, the third concern was the setbacks and they are still here primarily opposed because of the setbacks. She said the development of Brand Road was never intended to provide a roadway that accessed a new neighborhood, if they look at the summary that was provided, quote "the Community Plan identifies Brand Road between Dublin and Muirfield as River Character with modest setbacks ranging from 60 to 100 feet" and it says "there is the assertion that this development will safe guard the value of property within and adjacent to the area" and finally it says "the proposal strives to maintain the existing development patterns ". She said when they purchased lots that backed up to farm property they were not naive, they knew that the farm would someday sell and there would be the possibility of development, but what they anticipated was development like is seen on the rest of Brand Road. Ms. Feldmann said from the Dublin Road roundabout all the way to Muirfield Road the only thing that has been built was a one beautiful home and that is the type of home that was expected would be developed in their back yards. She said they put together an image that shows that if this development basically mimicked what is already there. She said the renderings that have been presented do look really beautiful and if it were developed to that extent she thought it would be gorgeous, but she does not think anybody could look at that rendering and say it represents 75% opacity and it looks like you cannot see their homes at all and at best case scenario is 75% opacity within two years and the rendering does not accurately reflects the development plan. Mike Ensminger, 7502 Kilbrittain Lane, said he was speaking on behalf of the Wellington Place homeowners, particularly those situated on the lots to the eastern boundary of the proposed development along Kilbrittain and Katesbridge Court. He said over the past three months they have been anxious to see the revisions, they welcome the concessions that have been made by the applicant regarding the rear yard setbacks and maximum lot coverage and the hedge requirements for the side loaded garages, they collectively agreed that the bigger picture and the more detailed issues still remain unaddressed and unresolved. He said they cannot support the development of Wellington Reserve as proposed. He said they believe that the development is not sound long range planning and detrimental to the City and its residents, both the City and the developer admitted that this "L" shaped parcel presents challenges in its development. He said, contrary to what the developer is saying, this is the worst new build housing economy in American history and it is difficult for them to understand why the City would consider sacrificing the esthetics and rural character that has been laid out in exchange for one developer to make a profit to what he has referred to the last remaining piece of developable property in the Dublin Coffman School District. He said creating another curb cut along a narrow and well traveled Brand Road presents visibility and traffic issues that are already a concern to residents in surrounding neighborhoods especially with two existing high volume intersections at Brand and Coffman and Brand and Coventry Woods. He said when coupled with large tracts of land immediately to the west and he knows those are in Washington Township but he is sure people have their eyes on them, and the installation of the proposed roundabout at Coffman and Brand Roads, he thought the additional curb cut and development on such a busy thoroughfare does not conform with comprehensive roadway traffic and safety studies typically found in municipalities' long range planning goals. Mr. Ensminger said it is important to note that each of the nearly 25 homeowners on Ballybridge, Katesbridge, Kilbrittain and Reddington that back up to this proposed Wellington Reserve have unique issues that they would like to see satisfactorily addressed by staff, the applicant and the Commission. He said drainage is the major issue for many of the residents with serious flooding of back yards occurring as water runs from the current land and with additional development and the grade change they know that Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 6 of 13 additional run is a distinct possibility and asked that a reasonable escrow be established by the developer and the City and that they work with the City Engineer to address these issues. He said earlier in the day Mr. Stanford had visited their property and viewed pictures that show the flooding issues. He said the rear yard setbacks have been increased from 20 to 40 feet and they originally asked for 75 given the lot depth and realized that is on the high end especially along Kilbrittain and Katesbridge, but given the significant depth of the proposed lots, they request a 50 -foot rear yard setback to be adopted by the Commission. He said the plans indicate a 20- to 30 -foot build to zone and the developer has presented approximately a house print of 60 feet, then the 50 -foot rear yard setback is reasonable and a good compromise. He said they are pleased with the applicants willingness to provide 75% opacity along Katesbridge and Kilbrittain, they would prefer to have the tree replacement with deciduous and evergreen mix. He said the conditions indicated that the trees would be installed by the developer and maintained by the homeowner and they realize that the developer's responsibility cannot last forever, but asked that a performance bond and escrow be established to provide assurance to the tree enhancement zone viability. Julie Hubler, 5025 Brand Road, said they have lived at this house over 13 years and when they bought the house they asked why there was a split driveway. She said the previous owners were Engineers and at that time they were not using the Dublin School District. She said they indicated that the house is well built and to trust that Dublin has the best Planning and Zoning Commission in the world and they will do what is responsible and they did not give an extra driveway because Brand Road is considered a scenic road and it is one of the small prices you have to pay in order to live in Dublin. She said they expect to live here for 30 or 40 years and really care about property values they are only concerned with safety. She said they are going to have their ritual with about seven to eight cars in their ditch on Brand Road which is a weekly event throughout the winter. She asked that the Commission look at the road and the safety issues. She is concerned that the end of her driveway is going to be an entrance to the new subdivision and cares about being able to pull out of her driveway safely. She said they have not been contacted by the developer since the October meeting and she does not know what went on with the revisions. She said the developer gets their own driveway and she was not able. She said she urged the Planning and Zoning Commission to please delicately balance the developers right and the greatest benefit for the greatest number of people and if they decide that is the price she has to pay then she will do that, but when it comes to a safety issue, she invited them to come to her drive way around 6 am with a little snow there will be someone in the ditch. She asked that the Engineers look at the practicality and not just works on paper and she will buy them a cup of coffee and they can look at the traffic going by her house. Carol Hunter, 5183 Reddington Drive, said they have lived here for 19 years and she wanted to say they support what Mr. Reeves and Mike Ensminger said and with the way it was said. She is disappointed that the applicant said the proposal contained fewer lots than 5 years ago, because that is not the case. She said the discussion 5 years ago is the same as today: fewer lots should be allowed here. She thanked the Commission for their time and asked them to please be as meticulous about this case as they were about the black and white striped awnings discussed earlier. Cindy Snider, 7483 Katesbridge Court, said they have loved their home and lived there for 16 years and she wanted to speak about the wild life. She said they are at the very end of Katesbridge Court adjacent to this property and between Wellington Park. She said they have 10 to 15 deer go through a day and all kinds of wild life. She said what concerns her the most, is taking down all the trees and hurting the rural aspect of that property. Bruce McLaughlin, 5131 Brand Road, said he and his wife have lived there for 31 years and his home is directly across from the western portion of this property. He said he is stunned that no one has done anything about the curve in Brand Road that is so dangerous, and with all the work being done to create a left turn lane, that no one in Planning has insisted that they somehow get rid of the curve for safety reasons. He said he is against the curb cut and he has read the analysis from the fire department so he Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 7 of 13 gave in. He requested that if the project is approved and a curb cut is installed along Brand Road, more money should be spend to straighten out Brand Road so that it is not unsafe. He suggested that this may also help Ms. Hubler's problem. He took exception to the gentlemen from Casto that said this is a great looking subdivision. He said he counts six houses along Brand Road and thought that they cannot show him any place along Brand Road where there is that many houses on a length of property. He felt that this proposal included too many houses along Brand Road and it was not in keeping with the roadway character. He said the impact of the property on the wild life that runs along this property down along the Indian Run Creek will have dramatic impact on them and he knows they cannot consider that when they review development, but it would be nice if they would cut down the number of lots, create a more treed area and made an opportunity for the wild life to continue to thrive in this area. Richard Weirich, 7466 Katesbridge Court, said he has comments pertaining to the multi -use path that runs along Brand Road and said the plan uses the term bikepath and he asked that they change to the term multi -use path to not get confused with bike lanes. He said there were a lot of hours spent and he wanted to clean that language up. Ed Thomas, 5165 Reddington Court, said he wanted to support the plan that Roger had put forward earlier and said it is important that they do not tear down the large trees in their back yards because wild life is running through there, including a large owl. He thanked the Commission for their time. Mark Juras, 7453 Katesbridge Court, said they are in the middle of the eastern boundary, and by looking at the plan, the Wellington Place and Sheffield Place subdivisions a very large well planned expanses of land and what they are dealing with now is a very narrow, odd "L" shaped piece and that is why there is so much difficulty getting this done. He said there is a big pod of land to the west that they need a comprehensive plan for that will determine how that entire plat will eventually be developed. He said trying to do a piece meal solution is very difficult. He said his concern is that there will be several catch basins that will be put along the eastern portion and sounds like there will be a lot of heavy equipment tearing up ground and trees and doing a lot of damage and does not reconcile with preservation trees, but there is a big drainage issue on this property. He said if they go farther down to the Brandonway entrance there is a well developed and nicely landscaped area where they preserved the river character of Brand Road that is something consistent with that feel and they will need more land to do it. He said they need to be patient and let Dublin evolve gracefully as the property becomes available. Frank Pagnatta, 7465 Katesbridge Court, said he is a Trustee of the Wellington Place Homeowners Association and over the years he has talked to a lot of their residents about the five different proposals and that Mike and Collette have done a nice job summarizing the concerns of the homeowners and he would like to say as a homeowners association, consisting of 130 homes overwhelmingly support not just what they have heard, but what they have heard from the Brandon Subdivision and Brand Road residents affected by this development. Joseph McCarthy, 7489 McCarthy Court, said on one of the slides shows a retention pond that comes in behind his house and he has concerns about that and currently the water drains to their property from that field and he is concerned that somehow that retention pond will be hooked up to the Wellington storm sewers and he is not sure what the process is. He said the past proposals said that would not be the case but their experience with the home is that the developers and the developer that developed Wellington has had drainage problems just like everyone else and they did not take care of their responsibilities and he is concerned that as this gets developed, the City of Dublin takes its responsibilities seriously because they worked with the City for a while and ended up having to pay to get the drainage problem fixed. He said with the five proposals nothing has worked and nothing has changed and from what they have seen and developers and still trying to get it through. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 8 of 13 Jeff Blasinski, 7511 Bardston Drive, said this is his first meeting that he has attended and it has been fascinating and they moved into a home in Dublin just over 10 years ago and it was supposed to be a temporary move and had dreams of building his own home and has been eager to watch new developments go in with great interest and participated with developers and discussed the ideas of the developments. He said what has been striking to him has been how dense the lots have been and even if he had the money to build these homes, he would not want to buy the types of homes that have been going in with extremely small yards and in some cases no yards as in Tartan Ridge, but if the City could look at a comprehensive design and look at more modern sustainable design or something that would preserve the wild life and the natural aspects of what makes this part of the country beautiful and try and build a home that has a degree of green space that is not across the street and maybe have a garden in your own yard, but a completely revolutionary kind of design that would be more modern or something different that is not a traditional grid type design, something that would inspire people to want to live there rather than large square footage. Kimberly Shepherd, 7412 Charmonte Court, said she is on the other side of Coventry Woods in Wellington Place and has no vested interest in terms of property values or one of the homes that back up to this. She said she has concerns with how the property is currently being maintained and used and she was at the last meeting and they got her curiosity peaked and she went for a hike on this property and found illegal dumping and a military style home gym buried in the woods, so she just wanted to raise the concerns about the property maintenance. Ms. Amorose Groomes asked if there was anyone else that wanted to speak to this application. [There was none.] Ms. Amorose Groomes indicated she assumed everyone had the opportunity to read the correspondence that was given out at the meeting. She said there are two items requested the rezoning with the preliminary development plan and the preliminary plat. She said they will start with the rezoning with the preliminary development plan. Mr. Budde said he likes what the developer has presented and he noted that the size of the lots compared to the lots that this development backs up to are larger and he said he thought he was hearing that people do not want this in their back yard and at some point this is going to be developed and he likes what he sees and has no objections, but he is concerned about the water drainage. Mr. Fishman said he admires the passion of Dublin residents and he has been here a long time and was here for all the zonings around this development. When Brandon came in the room and the lobby was packed with residents that felt just as passionate about the other subdivisions going in and they were concerned the wild life would be eliminated. He feels the developer has come a long way. He heard the concern about Brand Road and the density. He also discussed density when the other subdivisions came in and he was against the density of those subdivisions that exist today. Mr. Fishman said Lot 1 is a concern and he could not support this with Lot 1 remaining. He said Lot 1 is a headlight lot and when he visited the site it ruins the entrance. He felt that Lot 1 would need to be eliminated to Dublinize the entrance. He said he noticed that on this proposal the lots and setbacks are bigger than the surrounding neighborhoods. Mr. Zimmerman said he understands Mr. Fishman's concern for Lot 1 and agrees that the setbacks are larger than that of the neighboring subdivisions and he thanked the applicant for making that change and making it work better. He said at the entrance of the subdivision across the street are two homeowners that have been there for a number of years that share a joint driveway and when this entrance is being used they will experience head light trespass into their homes and would like to see the developer work with the homeowners to install landscaping on their individual properties to eliminate the trespass issues. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 9 of 13 Ms. Kramb said she agrees with the comment to work with the homeowners on the south side of Brand Road with landscaping and agrees with the comment regarding Lot 1. She said at the last meeting her biggest concern was the curb cut and after reading the traffic report her concerns have been addressed. She said agrees that the intersection should not be any closer to Coffman Road because of the curve. She agrees with straightening the curve as suggested by Mr. McLaughlin but thought that was a City issue and not related to this application. Ms. Kramb agrees that there is a lot of homes on the site plan and that ideally they should look at the larger parcel, but unfortunately it is in Washington Township and not under their review and they cannot require a property owner to acquire more land to make it bigger and it comes back to this is going to be developed and this proposal has made a lot of accommodations and the lots will not decrease the value of adjacent properties because the lots are bigger and the setbacks are bigger. Ms. Kramb said the drainage comments have been addressed and will be improved greatly and the neighboring residents will be quite satisfied. Ms. Kramb said she is heartbroken over all the trees that will be lost with this development, but glad to see the Tree Enhancement Zone where the replacement trees will be planted but would like the wording in the text corrected. She has heartburn over allowing as many evergreen trees and trying to create a 75% opacity because they will be tearing down a lot of trees to create that opacity. She said the tree replacement plan to have a tree for tree replacement for 6 to 24 inches in caliper and would like that reduced to 6 to 12 and anything over 12 should be replaced at caliper for caliper. She said the provisions for the tree replacements only apply to Lots 1 — 18 as far the landscape buffer of 75 %. She said the Code reads for the western boundary that they can cut everything down and replace it with ornamental grasses, ground covers, fine or rough turf and it does not specify that they need to put trees in there and she was concerned that if the developer grades the whole site, the homeowner comes in and decides to cut down the 2 -inch trees he never has to replace them according to the way it is written and that means the western boundary could have nothing on it and wanted to extend the buffer to include the entire property. Ms. Amorose Groomes said they will have an opportunity to address the treatment of the boundary at the final development plan. Ms. Husak said that if there are replacement trees installed they would be protected and would not be able to be removed based on the text and the Zoning Code and would be preserved or replaced. Mr. Hardt said he wondered if this is the right parcel for this proposal and the developer has come back with a proposal that is considerably better. He agrees with the statements that have been made and at this point they have a proposal for single - family homes which is the most desirable option for the land and the standards that the development has been laid out with meet or exceed the standards of the neighboring subdivisions. Mr. Hardt said his issues were setbacks and how they were reflected in the text and those have been cleaned up and have been resolved by having larger setbacks. Mr. Hardt said the other issue was the curb cut on Brand Road and asked for a traffic study and it answered the questions and was surprised by the small number of trips that will be generated with this subdivision, but it works out at a car every two or three minutes at the peak hour and the clarification of the Fire Code has resolved the concerns. Mr. Hardt said the stormwater was an issue and was not surprising that there is drainage issue on these properties now, but as the development installs 16 new catch basins, that are not there today, will address the drainage issue. He does want to make sure that they do take more trees than necessary. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 10 of 13 He said on the plans the catch basins fall within the tree enhancement zones and asked if an option was considered to move those out of the setback. Ms. Husak said why they called it a Tree Enhancement Zone is because of the catch basins and the tree survey indicated trees along the eastern property line are not in good or fair condition or the size that would require replacement. There are more trees along the western property line. Mr. Hardt said he wondered if the catch basins could be moved or tweaked to preserve trees. Aaron Stanford said there is always room for the catch basins to be moved in a minor way. He said they run into the grading situation that the basins create and if they would push too close to a home it would create a grading situation which they try not to have, but there can be fine tuning to the drainage structures. Ms. Amorose Groomes said she did not think they were suggesting the basins come closer to the homes, could they be moved on the western side of the road to the western property line. Mr. Stanford said they would like to see them within 10 feet of the property line due to maintenance needs. Mr. Hardt said he did not want to re- engineer this tonight, but if they could look at it and improve for the final review of the plans. Mr. Stanford agreed. Ms. Kramb said there are prohibitions against fences in the neighboring subdivisions and she would like this development to be consistent. Mr. Hardt agreed. Mr. Taylor said he appreciates the passion of the neighbors and appreciated Mr. Fishman's historic knowledge and perspective because he has been here a long time. He said at the last meeting they asked the applicant to reduce the size of the lot coverage to 45 percent and they have made the lots bigger and the homes smaller reducing the coverage. He said this is at least as nice as the neighbors and if they added land it would not change this it would just add another street just like the one proposed. Mr. Taylor said one of the residents had a number of questions about details, but there is another stage after this that they will be looking at the very specific details should this pass the preliminary plan. Mr. Taylor said he is happy with the build zone on the front of the property will increase the size of the backyards. He said for these size lots and houses there is a maximum practical depth of the lot. He said they have achieved a good balance between the developers and homeowners. Mr. Taylor said he is convinced that the location of the curb cut is the only place it could be based on the traffic study that balances the safety of that between Coffman Road, Coventry Woods Drive and the curve and would like to see the curve straightened but that is an issue for the City and not this applicant. Mr. Taylor said that the six lots that face Brand Road are set back farther than the lots that back up to Brand Road along Balfour and he would much rather see the fronts of homes rather than the backs of them that is the case along Balfour. Mr. Taylor said the text indicates on item DS3 that the developer retains the right to have final review of the individual homes or at what point will it be turned over to the HOA. He asked the applicant to elaborate. Charlie Ruma, 4020 Venture Court, Columbus, Ohio 43228, said they developed Wedgewood Hills and the Conine property in Wedgewood Glen and Riverside Woods which is similar and in all cases they retained the whole process of plan approval to make sure that they fulfilled the obligation that they presented in the matrix so that they did not get homes that are identical to each other or across the street from each Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 11 of 13 other and they made sure the color patterns and the use of materials were complimentary to the whole subdivision and if necessary they hire an architect and the builder paid the architect to make comments and look at colors and roof and materials and they reviewed the overall look and appearance of the subdivision and by doing that they ended up creating more value for the unsold lots than they would have if they just let builder go about their way. Mr. Ruma said he is a builder, but he is also a developer and they would retain the right for plan approval and the time of being complete they would turn it over to the Home Owners Association. Mr. Hale said they had talked to Wellington Place because this is a 28 lot subdivision they had indicated at some point this should be within the Wellington Place Association and that happens at 80 or 90 percent of the lots being built out. He said the current trustees have indicated they will allow it. Mr. Taylor said at the final he would like to see the stub at the end of Wellington Reserve Drive at the northwest be treated as if it was something other than the end of the pavement, no orange bollards or a mound of dirt, something nicely landscaped treatment since it is likely to be there for some time. Mr. Fishman said, in his experience, there should a sign similar to the one in Donegal or Amberleigh that identifies that the street will be extended in the future. Ms. Amorose Groomes said she does believe that this proposal is being held at the same standard as the surrounding developments and with the 40 foot tree enhancement zone and the lots are significantly deeper than the existing lots and appreciative that was accomplished. Ms. Amorose Groomes said they need to talk more about Lot 1. Ms. Amorose Groomes said she is in favor of the prohibition of the fencing in this area for the reasonable expectation of the neighbors. Ms. Amorose Groomes said the drainage has been addressed and the issues will be significantly relieved by having this new drainage in place and the prevention of the migration of water from west to east across this property. Ms. Amorose Groomes agrees with the under 12 inches tree replacement that it can be tree for tree replacement and over 12 inches it is caliper inch for caliper inch replacement. She said there is room for a lot of trees on this property with the Tree Enhancement Zones and there are a lot of places to put them and they want to get as many trees on this property as they can. Ms. Amorose Groomes said she agrees with the gentleman who asked for the multi -use path to be cleaned up in the text and would like to make the change City wide that they only refer to them as multi- use paths. Ms. Amorose Groomes said she is concerned with the dry basin and wanted them to understand it is very important for them to look at how they dry out that basin and that it does dry out for a long period of time to avoid becoming a maintenance issue or a haven for an insect problem down the road. She said the one by the Bailey Elementary School is done very well and there are some done poorly by Jerome High School. Ms. Amorose Groomes agrees that the Tree Enhancement Zone needs cleaned up in the language of the text that there should be deciduous trees and evergreen trees where appropriate. She said there has to be some leeway to the 75% opacity and at some point a field judgment will need to be made as to what is in the best interest of the landscape as a whole and they will need to explore that and come up with some solutions and she wanted them to condition it to be cleaned up at the final development stage. Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 12 of 13 Ms. Amorose Groomes asked if everyone was okay with Lot 1. Mr. Hardt said he was okay with it remaining because he would rather see the headlights being blocked by the house and not be hitting the backs of the homes on Ballybridge. Ms. Kramb said she was leaning toward Mr. Fishman's recommendation to eliminate Lot 1. Mr. Budde said he was okay with leaving it. Mr. Zimmerman said he agrees with both opinions. Ms. Amorose Groomes said she agrees with Mr. Hardt and nothing blocks a head light like a house. She said she did not see pursuing this further and suggested that Lot 1 remains. Ms. Amorose Groomes said that the language needs to be cleaned up with the Tree Enhancement Zones within the text and to not allow any other plant material to be counted toward a replacement tree. Mr. Chillog said they just did not want to preclude anyone from planting other materials there, but would not be counted towards a replacement tree. Ms. Amorose Groomes said that the Home Owners Association union is not something this Commission can address and is not something that cannot happen unless they agree to it. Ms. Amorose Groomes said that the first motion is with respect to the Rezoning with the Preliminary Development Plan and there are four conditions in the staff report and now there are nine. The first four remain unchanged. She the additional conditions: 5. That the development text be revised to duplicate the fence restrictions of the surrounding neighborhoods. 6. That the development text and plans be updated to indicate multiuse paths, instead of bike paths. 7. That the tree replacement language in the development text be revised to require inch for inch replacement for trees 12 inches or greater. 8. That the text clarify that any supplemental planting within the tree enhancement zone shall not be counted toward required replacement trees. 9. That the details of plantings within the proposed landscape buffer be reviewed and approved at the final development plan stage to ensure existing trees are preserved where possible and incorporated into the buffer. Mr. Zimmerman asked if there needs to be a condition for the homes across the street with landscaping to be installed by the applicant to help with the light trespass. Mr. Ryatt said they are willing to work with the neighbors and plant trees. Ms. Amorose Groomes said there will be a 10"' condition that they will work with staff and coordinate with the homeowners to plant landscape screening. Mr. Hale agreed to the conditions. Mr. Reeves said the Brandon residents would much rather have them keep the existing trees then try to obtain 75% opacity. Ms. Amorose Groomes said it was something that they will be working through at the final development stage and a notice will be sent so that they are aware of the application and they will have the ability to come and provide comment to incorporate those into the final landscape plan. Ms. Amorose Groomes said there are 10 conditions on the screen, Number 10 reading: That they will work with the neighbors across the street for screening issues. Ms. Amorose Groomes asked if the applicant agreed to the 10 conditions. Mr. Hale agreed Motion and Vote Dublin Planning and Zoning Commission January 5, 2012 — Meeting Minutes Page 13 of 13 Mr. Taylor made a motion to approve the rezoning with preliminary development plan with 10 conditions. Mr. Zimmerman seconded the motion. The vote was as follows: Ms. Kramb, yes; Mr. Fishman, yes; Ms. Amorose Groomes, yes; Mr. Budde, yes; Mr. Hardt, yes; Mr. Zimmerman, yes; and Mr. Taylor, yes. (Approved 7 — 0.) Motion and Vote Mr. Taylor made a motion to approve the preliminary plat with two conditions. Ms. Amorose Groomes asked if the applicant agreed to those conditions. Mr. Hale agreed. Mr. Zimmerman seconded the motion. The vote was as follows: Ms. Amorose Groomes, yes; Mr. Budde, yes; Mr. Fishman, yes; Mr. Hardt, yes; Ms. Kramb, yes; Mr. Zimmerman, yes; and Mr. Taylor, yes. (Approved 7 — 0.) Ms. Amorose Groomes thanked everyone for their comments. City of Dublin Planning and Zoning Commission �>TroFD�f�- Planning Report Thursday, January 5, 2012 SBA SYic- RingiR .6 DWNIn Obb 4"m1 b196 ! °°= Fw V41 Wellington Reserve Web SNe: w..&W.0 0 ob us Case Summary Agenda Item 1 Case Number 08- 0382 /PDP /PP Site Location 5144 and 5056 Brand Road Located on the north side of Brand, approximately 700 feet west of Coventry Woods Drive. Proposal A subdivision of three vacant parcels with 28 single - family lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District. Developer CASTO, represented by Ben W. Hale, Jr., Smith and Hale LLC. Case Manager Claudia D. Husak, AICP, Planner 11 (614) 410 -4675 1 chusak @dublin.oh.us Requests Review and recommendation to City Council of a rezoning with preliminary development plan under the Planned District provisions of Zoning Code Section 153.050. Review and recommendation to City Council of a preliminary plat under the provisions of Sections 152.015 — 152.022 of the Subdivision Regulations. Planning Recommendation Approval of the retuning with preliminary development plan with 4 conditions; and Approval of the preliminary plat with 2 conditions Based on Planning's analysis, the proposal meets the Community Plan designation for this site and the applicable review criteria for a Planned Development. Conditions Rezoning with Preliminary Development Plan 1) That the developer be required to notify the future property owners in the northern part of this site regarding the possible future road extension; 2) That the development text be modified to clarify the proposed landscape buffer planted within the tree enhancement zone of lots 1 -18 will be installed by the developer and maintained by the individual homeowners. 3) That if deemed appropriate by the City Engineer, in lieu of constructing the bikepath along Brand Road, the applicant contribute financially to the City's Brand Road Bikepath installation; and, 4) That the applicant install an off -site left turn lane from Brand Road to Wellington Reserve Place Drive recommended by the traffic study, to the satisfaction of the City Engineer. Preliminary Plat 1) That the applicant ensure that any minor technical adjustments to the plat should be made prior to City Council submittal; and, 2) That the plat be revised to include utility easements, a minimum of 20 feet in width, centered on all proposed public sewer, accessible to the public right of way and a drainage easement over the areas of the stormwater basins defined by the anticipated 100 year stonn water surface profile. City of Dublin I Planning and Zoning Commission Case 08- 038Z /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 2 of 17 City of Dublin 08-083ZfPDP n Land Use and Rezoning/ Preliminary Development Plan A Wallington Reserve �p� Long Range Planning 5144 and 5056 Brand Road g 2D0 400 City of Dublin I Planning and Zoning Commission Case 08 -038Z /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 3 of 17 Facts Site A 18.584 acres, in three parcels. Eastern two parcels: R -1, Restricted Suburban Residential District Zoning Western parcel: R, Rural District. Surrounding Zoning East: PLR, Planned Low Density Residential District, Wellington Place subdivision and Uses North PUD, Brandon subdivision West: Unincorporated land in Washington Township South: Unincorporated land in Washington Township, large lot residential uses zoned R -1 and a small portion of the Coventry Woods subdivision zoned PLR Site Features General: Undeveloped, L- shaped parcel. • Frontage: Brand Road - 950 feet. • Vegetation: Mature trees particularly in the northern portion of the site and in fence rows along the east boundary. • Elevation: 900 feet at a high point in the northern portion of the site to 884 feet in the southeast. Case Background Several development applications (history attached) have been submitted since 2003. None have been acted upon by the Commission or City Council, primarily because of development challenges created by the shape and character of the site and opposition by adjacent residents. The application currently under review was first filed in 2008 as a 30 unit condominium development. The case was withdrawn by the applicant from a scheduled Work Session with the Planning and Zoning Commission on June 19, 2008. Subsequent to that application, the applicant has Contacted the City regarding any interest in purchasing the property for parkland, however, City Council has not elected to pursue this option. Neighborhood Various meetings between the applicant's representative and the adjacent Contact neighborhoods have occurred for previous proposals. The applicant has had contact with the Board of Trustees of the Wellington Place subdivision prior to the October 6, 2011 meeting and has indicted that they will be contact with the neighborhoods prior to the next Planning and Zoning Commission meeting. Additional correspondence from adjacent residents is attached. Community Plan Future Land Use: The Future Land Use Map identifies this site as Rue/ MLred Residential, a classification intended to encourage cluster design that integrates multiple types of residential units, provides significant provision of open space and preserves natural features and open vistas. Planning is aware of the challenges to meeting these intents given the size and shape of the site and prescribed density. Ideally, development of a larger site with the property to the west would have made this easier. But the property is not in the city and a coordinated development is not feasible at this time. Developing the site with traditional single - family lots rather than mixing housing types better fits within the surrounding neighborhood context. Density: The Future Land Use Plan calls for a density of 1.5 dwelling units per acre. The 28 lots on 18.54 acres equal the maximum density as prescribed by the Plan. Roadway Character: The Community Plan identifies Brand Road between Dublin Road and Muirfeld Drive as River Character, defined in the Plan by the visual City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve 7bursday, January 5, 2012 1 Page 4 of 17 Facts Community Plan experience created by physical elements adjacent to the roadway. Among other I' design elements, River Character is described by modest setbacks ranging from 60 to 100 feet, the use of woodland plantings, incorporation of landforms to create topographic change and change views, and the use of informal water features and landscaping to blend with the character of the river corridor. The proposal meets the setback requirements as stipulated in the Plan and the development teat requires a natural woodland effect in the setback area, the details of which will be reviewed with t final de velopment plan. Update December 1, 2011 11 The application was postponed by the applicant prior to the meeting, no discussion PZC Meeting or action took place and adjacent residents were notified. Since that time the applicant has met with the neighbors and made changes to the proposal to address their concerns. The tree enhancement zone located along the rear of lots 8 -18 has been increased from 30 feet to 40 feet to provide more buffering between the existing and new homes. The increase in the tree enhancement zone has resulted in a 10 -foot increased lot depth for lots 16 -18 and required the internal street to shift to accommodate the modifications. Additionally, the applicant has agreed to provide 75% opacity with the plant material within two years of installation within the tree enhancement zones for lots 1 -18. October 6, 2011 At this meeting, the several residents voiced their concerns regarding the proposal, PZC Meeting including the location of the Brand Road access point and the proposed setback along Brand Road, rear and side yard setbacks, the landscape design intent of the open space, tree preservation, and drainage. The Commission agreed the proposed setback off Brand Road should be less than 130 feet, the rear setbacks for lots should be increased, and that tree preservation was important. Commissioners wanted additional information regarding the proposed Brand Road intersection and the potential for having the main subdivision entry through the Wellington Place neighborhood to the east. Commissioners also requested information regarding the intersection of Brand Road with Coffman Road. The adopted 2012 -2016 Capital Improvements Program (CIP) identifies improvements for this intersection. The proposed improvement is a roundabout and preliminary engineering design is programmed for 2012. The Commission agreed with Planning about the requested development text and plan clarifications and modifications, and tabled the application, as requested by the applicant. Revisions Summary Ine applicant has Worxea with Planning to aacress the concerns ralsea Dy the residents and the Commission at the October 6, 2011 meeting, as well as the conditions from the Planning Report. Revisions to the development text and the preliminary development plan and plat do not affect the layout of the proposal as submitted by the applicant. Below is a summary of the revisions: City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 5 of 17 Preliminary Development Plan /Plat • Clarified that the open space will be dedicated to the City • Allows a mix of evergreen and deciduous trees and shrubs in open spaces • Permits park amenities within the Brand Road setback • Eliminated the separate tree replacement responsibilities • Deleted the previously proposed language for one -foot driveway setback for side - loaded garages and rear - loaded garages • Requires a 30 -inch high wall or hedge in the front of homes for all court - loaded garages • Revised the lot diversity matrix to accurately reflect all affected lots • Requires a 36 -inch, 75% opaque hedge along the rear of a driveway for side - loaded garages to reduce headlight trespass • Proposes a Tree Enhancement Zone along the rear of all lots to coincide with the setback requirement as an emphasis area for tree replacement • Required 75% opacity within the Tree Enhancement Zones for lots 1 -18 _ • Increased all rear yard setbacks to 30 feet • Revised the required Build Zone for Lot 1 • Shows all setback requirements accurately • Includes accurate lot depth and open space dedication • Increased Tree Enhancement Zone for lots 8-18 • Increased lot depth for lots 16 -18 • Accurately shows the Brand Road bikepath • Includes revised site grading to reduce the difference in elevations Details. Rezoning with Preliminary Development Plan Process Rezoning to a Planned Unit Development requires approval of a development text to serve as the zoning regulation; the Zoning Code covers all requirements not addressed in the development text. This development text establishes a new Planned Unit Development District (Wellington Reserve) with a development text that applies to these 18.545 acres. Plan Overview The rezoning with preliminary development plan includes: Rezoning the 18.545 -acre site from R and R -1 to a Planned Unit Development. • Establishing a new development text with requirements for a 28 lot single- familyd etached residential development and 3.6 acres of open space. City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 6 of 17 Det&l Rezoning with Preliminary Development Plan Layout The proposed plan shows a new intersection and turn lane off Brand Road at the eastern portion of the site. A new public road, Wellington Reserve Drive, will extend west off Brand Road and provide access to all proposed lots. At the northwest corner of the site the road is proposed to stub to the west to allow for future connectivity. Planning recommends the developer ensure that future property owners near the stub street are notified at the time of purchase regarding this future road extension. Existing Ballybridge Drive, which parallels Brand Road, in the Wellington Place subdivision, will be extended west to connect with the proposed Wellington Reserve Drive. The proposal includes 3.6 acres of open space along the Brand Road frontage, which will accommodate a portion of the site's stormwater management. Six lots are on the north side of the open space, with Wellington Reserve Drive as a single - loaded street until it extends toward the north. Access to three lots in the northeast corner of the site is from an eyebrow street, and the plans include AutoTURN data that demonstrate the ability for a fire truck to navigate the turn. Development The proposed preliminary development plan includes specific requirements that Text address the zoning and development details for this PUD. Permitted The development text permits single- family detached homes, open spaces and 1 Uses r elated park features. Density and Lot Sizes The applicant has indicated this development is intended to mirror the development pattern of the surrounding neighborhoods. At the October 6, 2011 meeting, the Commission was interested in the development pattern of the adjacent neighborhoods. Lots to the east in Wellington Place are on average 10,000 square feet with an average lot size of 80 feet by 130 feet. Lots to the north in the Brandon subdivision are similarly sized. The minimum 12,000 square foot lots are slightly larger than those adjacent to the proposal. Required lot width at the building line is 90 feet and required minimum lot dept is 140 feet. Setbacks The Community Plan requires setbacks ranging from 60 to 100 feet and the development text has been revised to require a 100 -foot setback from Brand Road, which meets the Plan. The change in the required setback does not affect the layout of the proposal. The lot setbacks stipulate a 10 -foot wide Build -Zone starting 20 feet from the right - of -way. A portion of the home is required to be within the 10 -foot wide Build -Zone. Adjacent lots require a 30 -foot front building setback. Neighborhoods such as Oak Park and Tartan Ridge have similar requirements, which allow a more natural pattern of home siting. The rear yard setbacks coincide with the Tree Enhancement Zone for the proposed lots and are indicated at 30 and 40 feet. Lots 1 -7, and 20 -28 are shown at 30 feet, and lots 8 -18 are shown at 40 feet to provide additional buffering for the existing development. Required rear yard setbacks for adjacent developments to the east are 20% of the lot depth with a minimum of 25 feet. The Brandon subdivision to the City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page ] of 17 Details Rezoning with Preliminary Development Plan north requires a 30 -foot rear yard setback. Required side yard setbacks for buildings am six feet with a total of 14 feet. A previously proposed one -foot driveway setback for side - loaded garages has been eliminated. Traffic and Access There was a lot of discussion regarding the traffic impacts of the proposal, including the proposed site access, the extension of Ballybridge Drive and the proposed street stub to the northwest site boundary. Access is provided by a new public road intersecting Brand Road and by the extension of Ballybridge Drive in Wellington Place. Both have 50 -foot rights -of -way and pavement widths of 28 feet. Residents and the Commission questioned whether a separate access point is warranted or if the proposed development can be served solely by the Ballybridge Drive extension. The Fire Code requires a separate access point to this proposed development. The existing Wellington Place and Coventry Woods subdivisions were approved prior to current Code requirements and exceed the number of homes permitted to be accessed by a single point. Accessing the proposed 28 lots from the existing Coventry Woods Boulevard /Brand Road intersection would violate the Fire Code. The Brand Road access point and the extension of Ballybridge Drive will meet Fire Code requirements for the proposed Wellington Reserve neighborhood and improve access for the existing homes. Traffic and Access Proper intersection spacing is an important consideration in access planning. The location of the Brand Road intersection was carefully selected to optimize the safety and functionality of the proposed roadway and Brand Road. The proposed access point is located between the intersections of Brand Road with Coffman Road and Coventry Woods Drive. The Brand Road and Coffman Road intersection experiences a much higher traffic volume and is slated for an intersection improvement in the current CIP, requiring the proposed intersection as far away from the Brand Road and Coffman intersection as possible to reduce its influence on the operation and safety of the new intersection. The proposed intersection spacing is 730 feet from Coventry Woods Drive and 1,500 feet from Coffman Road. 9J PKe�mvJY l�5 The location of the proposed intersection is also influenced by the existing geometry of Brand Road. As seen in the above exhibit, Brand Road curves north to the west of this proposed intersection. As demonstrated in the Traffic Impact Study (from which the above figure was takeni the proposed intersection has proper sight City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 8 of 17 Details Rezoning with Preliminary Development Plan Traffic and Access distance. In addition, according to the Ohio Department of Transportation, Location and Design Manual, sight distance at Brand Road will be adequate as proposed. The applicant will be required to install a left turn lane from Brand Road to the proposed Wellington Reserve Boulevard. The auxiliary turn lane will limit the speed differential between a turning vehicle and through traffic. The location of the intersection allows the left turn lane to be located outside the area of the curve on Brand Road. Locating the intersection any farther to the west would require drivers to maneuver from the through lane to the left turn lane in the middle of a curve, which should be avoided. Engineering has determined that providing this access point onto Brand Road will not have a detrimental impact to the safety and operation of the public roadway system. In addition to providing better access for emergency response, this intersection allows the traffic generated by the new development to be more appropriately distributed and not be routed through the Wellington Place subdivision and directed to an even busier intersection at Coventry Woods Boulevard. Doing so would likely produce undesirable traffic volumes on local neighborhood streets and increase delay at the Coventry Woods Drive and Brand Road intersection. The proposed street stub to the west in the northern portion of the development has been carefully considered by Planning and Engineering. Providing connectivity to potential future development is important to control the access along Brand Road and provide residents with better connected neighborhoods through the street network. Providing this potential connecting using Ballybridge Drive is undesirable as it would interfere with an existing residence on the adjacent parcel and increase J the potential of Ballybridge Drive to become an alternative route to brand Road for too many vehicles. A farther westward extension of Ballybridge Drive would also force an intersection with Brand Road that would not be in a desirable location. Traffic Study A traffic study has been submitted analyzing the proposed development traffic impact on the existing transportation network. The study recommends the eastbound left turn lane from Brand Road to Wellington Reserve Drive be installed as described above. The development is expected to generate 31 total vehicle trips in the a.m. peak hour and 36 total vehicle trips in the p.m. peak hour. Existing traffic counts on July 6, 2011 showed 112 and 179 vehicles respectively in the morning and afternoon peak hours at the southbound Coventry Woods Drive intersection with Brand Road. The traffic study anticipates approximately 15 vehicle trips from the Wellington Place subdivision will use the Ballybridge Drive connection to this development to reach the new Wellington Reserve Drive intersection with Brand Road. City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 9 of 17 Details Rezoning with Preliminary Development Plan Sidewalks and A four-foot, sidewalk is proposed along all street frontages, except as waived Bikepaths in the proposed development text where homes do not front the street. The proposed text also requires a three -foot private sidewalk from the front door to the driveway for every residence. The plans show that the sidewalk meets a portion of bikepath that extends south toward Brand Road to connect to the public system adjacent to the open space next to Lot 28. The City has programmed a capital improvement project to install a bikepath along Brand Road in this area in 2013. The applicant has indicated that their anticipated construction time frame is 2012. Should the construction of this neighborhood be delayed, the City will request a financial contribution in lieu of the construction of the bikepath along Brand Road for this project's frontage. Parking O n -street parking will be allowed on one side o the street. Architecture The development text describes the general character of the development as one - and two -story homes with a variety of two- and three -car garages that will reflect the quality of surrounding homes. The text requires adherence to the Residential Appearance Code unless otherwise stated. The text allows shutters to be considered trim, which the Appearance Code does not permit. Permitted materials include brick, stone, wood, stucco and fiber cement siding. Trim materials permitted are wood, vinyl, EIFS, copper or fiber cement products. Colors are required to be natural and /or warm neutral colors. High -chroma colors are not permitted. The text requires similar architectural design elements and details to be consistent on all elevations and stipulates that chimneys have to be finished with masonry. The text encourages side- or rear - loaded garages. A previous reference to rear - loaded garages has been eliminated. The text has also been revised to require a 30- inch high wall or hedge in the front of homes where a courtyard is created by any size court-loaded garage. A 36 -inch hedge is also required along the entire length of the driveway adjacent to the rear of another lot for side - loaded garage to cut down on headlight trespassing. The applicant has provided a lot diversity matrix and addressed any inconsistencies. City of Dublin I Planning and Zoning Commission Case 08 -038ZIPDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 10 of 17 Details Rezoning with Preliminary Development Plan Tree Preservation Theme goal to preserve as many trees in good and fair condition as possible. A tree replacement plan will be required with the final development plan. The Zoning Code requires that protected trees (trees six inches in diameter and in good or fair condition) be replaced on an inch -for -inch basis with deciduous trees. The applicant is proposing a tree waiver in the development text, which is usually waived by City Council. Specifically, the applicant is requesting that tree replacement be permitted on a tree- for -tree basis for trees between six and 24 inches. Trees larger than 24 inches would be replaced inch- for -inch per Code. The applicant is also proposing to allow evergreens as replacement trees. Planning supports this proposal as evergreens will add to the tree replacement variety and can provide a more opaque buffer than deciduous trees. The applicant has worked with Planning to address tree preservation and buffering from adjacent neighborhoods. As indicated on the preliminary tree survey, the rear yards of the majority of homes along the eastern property line have very few protected trees. Since substantial grading within this area will be required for the proposed stormwater management the applicant is proposing a 30 -foot Tree Enhancement Zone along the rear property line of these lots. The intent of this zone is to provide an area for reforestation with deciduous and evergreen replacement trees to reestablish or recreate a tree row buffer that will be affected by the stormwater improvements. The proposed Tree Enhancement Zone allows for the planting of landscape materials and the removal of material for the maintenance of utilities. Removal of undesirable landscape material is also permitted. The development text states that I a landscape buffer will be installed in the tree enhancement zone of lots 1 -18 that will reach 75 percent opacity within two years of installation. Planning recommends this text requirement be further clarified to state the landscape buffer will be installed by the developer and maintained by the individual homeowners. At the October 6, 2011 meeting, some Commissioners were concerned that the proposal creates open space areas where there is a lack of natural features and suggested that the applicant eliminate a lot to save a tree stand similar to the design of the Riverside Woods subdivision. This proposal is challenged by a difficult to develop parcel configuration and is lacking sizable wooded areas. Eliminating a lot to create a similar style of tree preservation as was done in Riverside Woods is not practicable here. The applicant has indicated great efforts as seen in the illustrative, conceptual master plan to create a unique entry feature and open space areas as natural features for this development. Open Space and The plan includes 3.6 acres of open space and the development text states that this Landscaping open space will be owned by the City. The applicant will be responsible for the landscaping of the open space areas and the homeowners association will be responsible for the maintenance. The text includes details regarding the natural, passive landscaping intent of the proposed open space including language regarding the Brand Road landscape treatment and the required natural woodland effect with deciduous trees and shrubs, ornamental trees and perennials or a combination thereof. The text requires that the dry portions of the stormwater basin be landscaped with water tolerant meadow grasses, perennials, shrubs and trees planted in a natural manner to continue the woodland effect and meet the roadway i. character landscape reouirements in the Community Plan. The aoDlicant has also City of Dublin I Planning and Zoning Commission Case 08 -038ZIPDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 11 of 17 Details Rezoning with Preliminary Development Plan adopted Plans prepared an illustrative, conceptual master plan that shows generally the landscape 3. Advancement of intent of the proposal. general welfare and The City typically requires amenities be provided in open spaces that are largely orderly development within required setbacks. The development text states that pedestrian /bikepaths, 4. Effects on water features and pond access will be provided. Planning recommends that other adjacent uses amenities deemed appropriate by the Parks and Open Space Director be required. The proposed development text allows these amenities within the Brand Road setback. Details regarding the open space landscaping will be required at the final development p lan st age. Stonnwater and The site will connect to the public sanitary sewer intended to serve this area by Utilities constructing new sewer mains to existing sanitary sewers in Wellington Place. New public water mains and fire hydrants will be constructed to connect to existing water mains located along the north side of Ballybridge Drive and the south side of Brand Road. To accommodate anticipated stormwater drainage, and to meet the requirements of the Stormwater Code, the applicant will install a public stone sewer system that will connect to the proposed dry detention basin. Several catch basins will be installed along the eastern property boundary to intercept existing overland drainage. The applicant has revised the grading plan to lower the finished grade elevations of some of the proposed lots to reduce the grade difference between existing homes to the east and the proposed lots. Planning and Engineering have verified the finished floor elevations of adjacent homes within Wellington Place, Section 2 on the approved grading plan. Based on this information, the elevation change between existing homes and the proposed finish grade elevation is between 2.5 to 4.5 feet over a span of approximately 200 feet. Considering the existing difference in _I Ltopogrzap applicant has brought the grades as close as practicable. Analysis Rezoning with Preliminary Development Plan Process Section 153.050 of the Zoning Code identifies criteria for the review and approval for a rezoning /preliminary development plan (full text of criteria attached). Following is an analysis by Planning based on those criteria. 1. Consistency with Criterion met: This proposal is consistent with the Zoning Code, except as Dublin Zoning Code approp alte in t p de te 2. Conformance with Criterion met: The uses and density proposed for this site are consistent with the adopted Plans F utu r e l Use design a nd meet th in te n ded r oad w ay c 3. Advancement of Criterion met: This proposal conforms to the Community Plan and is compatible general welfare and with the surrounding residential development. orderly development 4. Effects on Criterion met with Condition: The proposal is appropriately located in the city adjacent uses and will safeguard the value of property within and adjacent to the area. The road City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 12 of 17 Analysis Rezoning with Preliminary Development Plan 10. Development layout and intensity 11. Stormwater management J 12. Community benefit 13. Design and appearance I I L 14. Development phasing Criterion met: The proposed plans contribute to the orderly development of this site, including proposed uses, setbacks, and density. Criterion met: Adequate provision is made for stormwater management and will help resolve existing problems in adjacent development. Criterion met: The development text outlines all applicable development requirements for this project. Criterion met: The proposal outlines high - quality building materials and l architectural design standards within the proposed development text. criterion met: I ne plans indicate two phases for this project wrtn a phasing line indicated between Lots 8 and 9 on the east side of Wellington Reserve Drive and extension into the adjacent neighborhood has been planned since the approval of Condition I that subdivision, and the road was constructed clearly indicating a stub street, rather than a cul -de -sac. The proposed plans also indicate a future connection in the northwestern portion of the site. Planning recommends the developer provide assurance that any existing and future property owners will be notified regarding _ t hi s p ot e n t i a l fu road extension. 5. Adequacy of open Criterion met: The open space is adequate for residential development and the space for residential maintenance responsibility of the open space is appmpriately that of the development Homeowners Association. The development text contains requirements for the land scape design of a naturalized area within the open sp ace. 6. Protection of Criterion met: The applicant has worked with Planning and Engineering to find an natural features and appropriate solution for the desire to have adequate stonmwater management while resources providing a tree buffer area along the rear of lots. The applicant has met with the neighbors and agreed to install a landscape buffer in the tree enhancement zone of lots 1 -18 that will reach 75 percent opacity within two years of installation. Condition2 Planning recommends this requirement be further clarified within the development text to state the landscape buffer will be installed by the developer and maintained by the individual homeowners. 7. Adequate Criterion met: With the proposed improvements installed, the site will have infrastructure access to adequate utilities. 8. Traffic and Criterion met with Conditions: The applicant has provided a traffic analysis, pedestrian safety which accounts for the proposed future development. The applicant will be required Conditions 3and 4 to install an off -site left turn lane from Brand Road to Wellington Reserve Place Drive as recommended by the traffic study. Depending on the timing of construction of the Citys project and this development, the City may request a financial contribution in lieu of the construction of the bikepath along Brand Road to install the section along this project's frontage. 9. Coordination & Criterion met: The proposal maintains the existing development patterns of integration of surrounding developments. While the proposed lots are slightly larger than lots in building & site the adjacent subdivisions, setbacks are similar and the Build Zone requirement will relationships pull buildings closer to the road and farther from the rear lot line, which will minimize the effect on adjacent residents. 10. Development layout and intensity 11. Stormwater management J 12. Community benefit 13. Design and appearance I I L 14. Development phasing Criterion met: The proposed plans contribute to the orderly development of this site, including proposed uses, setbacks, and density. Criterion met: Adequate provision is made for stormwater management and will help resolve existing problems in adjacent development. Criterion met: The development text outlines all applicable development requirements for this project. Criterion met: The proposal outlines high - quality building materials and l architectural design standards within the proposed development text. criterion met: I ne plans indicate two phases for this project wrtn a phasing line indicated between Lots 8 and 9 on the east side of Wellington Reserve Drive and City of Dublin I Planning and Zoning Commission Case 08 -038ZIPDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 13 of 17 Analysis 11 Rezoning with Preliminary Development Plan between Lots 25 and 26 on the west side. 15. Adequacy of Criterion met: There are adequate services for the proposed development. public services 16. Infrastructure Criterion met: As noted, the applicant may be required to make a financial contributions contribution in lieu of constructing the bikepath located along Brand Road, depending on the timing of construction of the site and the City's Brand Road Bikepath project. Recommendation Rezoning with Preliminary Development Plan Approval In Planning's analysis, this proposal complies with the rezoning /preliminary development plan criteria and the existing development standards within the area. Approval with four Conditions is recommended. Conditions 1) That the developer be required to notify the future property owners within the northern part of this site regarding the possible future road extension; 2) That the development text be modified to clarify the proposed landscape buffer planted within the tree enhancement zone of lots 1 -18 will be installed by the developer and maintained by the individual homeowners. 3) That, if deemed appropriate by the City Engineer, in lieu of constructing the bikepath along Brand Road, the applicant contribute financially to the City's Brand Road Bikepath installation; and, 4) That the applicant install an off -site left turn lane from Brand Road to Wellington Reserve Place Drive as recommended by the traffic study, to the sati sfaction of the City En gi n eer. Details Plat Overview The proposed preliminary plat subdivides 18.545 of land into 28 single - family lots and 3.6 acres of open space. The plat also provides rights -of -way for Wellington Reserve Drive and Brand Road. The preliminary plat correctly shows all setback requirements. The preliminary plat should show lot depths between Lots 8 and 9. All other information required by the Subdivision Regulations is provided in the proposed preliminary plat. City of Dublin I Planning and Zoning Commission Case 08 -038Z /PDP /PP I Wellington Reserve Thursday, 3anuary 5, 2012 1 Page 14 of 17 liminary PA _ The Zoning Code requires the dedication of 1.9 acres of open space and the proposal contains 3.6 acres of open space. • Reserve "A" is 1 acre located to the east of the entry, with a small stormwater pond. • Reserve "B" is 1.9 acres and incorporates the largest portion of the Brand Road setback. The plans show a dry detention basin within this open space. • Reserve "C" is 0.7 acres in the western portion of the site. The reserve includes the bikepath connection from Wellington Reserve Drive to the Brand Road path. The plat indicates that the open space areas will be owned by the City of Dublin and maintained by a forced and funded homeowners association. ,lf1;$15` Preliminary Plat Process The Subdivision Regulations identify criteria for the review and approval for a plat. Following is an analysis by Planning based on those criteria. 1) Plat Information Criterion met with Condition: This proposal is consistent with the and Construction requirements of the Zoning Code and all required information is included on the Requirements plat. The applicant should ensure that any minor technical adjustments to the plat Condition 1 are made prior to City Council submittal. 2) Street, Criterion met: Street widths, grades, curvatures, and intersection signs comply Sidewalk, and with the appropriate Code sections and engineering requirements. Sidewalks or Bike path bikepaths are required on both sides of all public streets in compliance with City Standards construction standards, except as specifically waived in the development text. 3) Utilities Criterion met with Condition: The applicant should update the plat to include Condition 1 utility easements over all proposed sewers. The easement should be a minimum of 20 feet in width, and should be accessible from the public right of way. In addition, a drainage easement should be placed over the areas of the stormwater basins defined by the anticipated 100 year stonn water surface profile. 5) Open Space Cr/terionmed The plat meets the open space requirement. Requirements City of Dublin I Planning and Zoning Commission Case 08 -0382 /PDP /PP I Wellington Reserve Thursday, January 5, 2012 1 Page 15 of 17 , Recommendatio: Preliminary Plae Approval This proposal complies with the preliminary plat criteria and a recommendation to City Council for approval of this request is recommended with two conditions. Conditions 1) That the applicant ensure that any minor technical adjustments to the plat should be made prior to City Council submittal; and, 2) That the plat be revised to include utility easements, a minimum of 20 feet in width, centered on all proposed public sewer, accessible to the public right of way and a drainage easement over the areas of the stormwater basins defined b y the anticipated 100 y ear storm water surface profile. City of Dublin I Planning and Zoning Commission Case 08- 038Z/PDP /PP I wellington Reserve Thursday, January 5, 2012 1 Page 16 of 17 REZONING/ PRELIMINARY DEVELOPMENT PLAN The purpose of the PUD process is to encourage imaginative architectural design and proper site planning in a coordinated and comprehensive manner, consistent with accepted land planning, landscape architecture, and engineering principles. The PUD process can consist of up to three basic stages: 1) Concept Plan (Staff, Commission, and /or City Council review and comment); 2) Zoning Amendment Request (Preliminary Development Plan; Commission recommends and City Council approves /denies); and 3) Final Development Plan (Commission approves /denies). The general intent of the preliminary development plan (rezoning) stage is to determine the general layout and specific zoning standards that will guide development. The Planning and Zoning Commission must review and make a recommendation on this preliminary development plan (rezoning) request. The application will then be forwarded to City Council for a first reading /introduction and a second reading /public hearing for a final vote. A two- thirds vote of City Council is required to override a negative recommendation by the Commission. If approved, the rezoning will become effective 30 days following the Council vote. Additionally, all portions of the development will require final development plan approval by the Commission prior to construction. In the case of a combined rezoning /preliminary development plan and final development plan, the final development plan is not valid unless the rezoning /preliminary development plan is approved by Council. Review Criteria Section 153.050 of the Zoning Code identifies criteria for the review and approval for a Rezoning /Preliminary Development Plan. In accordance with Section 153.055(A) Plan Approval Ciitena, Code sets out the following criteria of approval for a preliminary development plan (rezoning): 1) The proposed development is consistent with the purpose, intent and applicable standards of the Dublin Zoning Code; 2) The proposed development is in conformity with the Community Plan, Thoroughfare Plan, Bikeway Plan and other adopted plans or portions thereof as they may apply and will not unreasonably burden the existing street network; 3) The proposed development advances the general welfare of the City and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas; 4) The proposed uses are appropriately located in the City so that the use and value of property within and adjacent to the area will be safeguarded; 5) Proposed residential development will have sufficient open space areas that meet the objectives of the Community Plan; 6) The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site; 7) Adequate utilities, access roads, drainage, retention and /or necessary facilities have been or are being provided; 8) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non - conflicting circulation system for motorists, bicyclists and pedestrians; 9) The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PD and the larger community and maintains the image of Dublin as a quality community; 10) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic City of Dublin I Planning and Zoning Commission Case 08- 038Z/PDP /PP I wellington Reserve Thursday, January 5, 2012 1 Page 17 of 17 accessibility and other elements having a bearing on the overall acceptability of the development plan's contribution to the orderly development of land within the City; 11) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas; 12) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard development regulations included in the Dublin Zoning Code or Subdivision Regulation, and that any such deviations are consistent with the intent of the Planned Development District regulations; 13) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the City; 14) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development; 15) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area; and 16) The applicant's contributions to the public infrastructure are consistent with the Thoroughfare Plan and are sufficient to service the new development. PRELIMINARY P If approved, the preliminary plat will be reviewed at a later date by City Council. If the Commission disapproves the preliminary plat, it must state its reasons for doing so. Approval of the preliminary plat is effective for 24 months and authorizes the developer to proceed with construction after meeting all Engineering requirements. The Commission and City Council will later review the final plat for each phase, generally after infrastructure is complete, to ensure that it conforms to the preliminary plat. Review Criteria: In accordance with Chapter 152, the Code sets out the following requirements as part of the platting requirements for the subdivision of land: 1) The proposed plat provides the minimum plat contents required by Sections 152.018(B) and 152.018(C); 2) The proposed plat will comply with all applicable subdivision improvement procedures as defined by Sections 152.035 through 152.053; 3) The proposed plat will provide required improvements as specified by Sections 152.065 through 152.072. City of Dublin 06- 038ZIPPIPDP N Land Use end Rezoning/ Preliminary Plat/Preliminary Development Plan A Long Range Planning Wellington Reserve Feet 5144 and 5056 Brand Road 0 200 400 Existing Site 1 N a . � v it �r� i iR ' : - y ��� T. Rilbrittain Ln ir � • =fir >< t - �, f ■a ARM �h 0 :if i , p ie 4r . Brand Rd 08- 038Z/PP /POP Rezoning /Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Proposed Preliminary Plat f N 08- 038Z /PP /PDP Rezoning /Preliminary Plat/Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Proposed Grading Plan t 08- 0382 /PP /PDP Rezoning /Preliminary Plat/Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Please refer to the packet attachments for the proposed development text. 08- 038Z /PP /PDP Rezoning /Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road The Planning and Zoning Commission took the following action at this meeting: 3. Wellington Reserve 5144 and 5056 Brand Road 08- 038Z /PDP /PP Rezoning with Preliminary Development Plan Preliminary Plat Proposal: A subdivision of three vacant parcels with 28 single - family lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District, located on the north side of Brand, apprmdmately 700 feet west of Coventry Woods Drive. Request: Review and approval of a rezoning with preliminary development plan under the Planned District provisions of Zoning Code Section 153.050, and a preliminary plat under the provisions of Sections 152.015 through 152.022. Applicant: CASTO; represented by Ben W. Hate, Jr., Smith and Hale LLC. Planning Contact: Claudia D. Husak, AICP, Planner H. Contact Information: (614) 410 -4675, chusak@dublin.oh.us MOTION: To table the Rezoning with Preliminary Development Plan and Preliminary Plat. VOTE: 7-0. RESULT: The Rezoning with Preliminary Development Plan and Preliminary Plat was tabled. STAFF CERTIFICATION (OA d-^ AjaG Claudia D. Husak, AICP Planner II 08 -038Z /PP /PDP Rezoning /Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road PLANNING AND ZONING COMMISSION RECORD OF ACTION CITY OF DUBLIN_ OCTOBER 6, 2011 raaa.me xoova.+ mx�a owM1arom,o-izx mw./ mo: ei,a,o�mo rmc sunona waea.:.w«.mm.m.0 uwar>,P.cemr The Planning and Zoning Commission took the following action at this meeting: 3. Wellington Reserve 5144 and 5056 Brand Road 08- 038Z /PDP /PP Rezoning with Preliminary Development Plan Preliminary Plat Proposal: A subdivision of three vacant parcels with 28 single - family lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District, located on the north side of Brand, apprmdmately 700 feet west of Coventry Woods Drive. Request: Review and approval of a rezoning with preliminary development plan under the Planned District provisions of Zoning Code Section 153.050, and a preliminary plat under the provisions of Sections 152.015 through 152.022. Applicant: CASTO; represented by Ben W. Hate, Jr., Smith and Hale LLC. Planning Contact: Claudia D. Husak, AICP, Planner H. Contact Information: (614) 410 -4675, chusak@dublin.oh.us MOTION: To table the Rezoning with Preliminary Development Plan and Preliminary Plat. VOTE: 7-0. RESULT: The Rezoning with Preliminary Development Plan and Preliminary Plat was tabled. STAFF CERTIFICATION (OA d-^ AjaG Claudia D. Husak, AICP Planner II 08 -038Z /PP /PDP Rezoning /Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road 3. Wellington Reserve 5144 and 5056 Brand Road 08 -0362 /PDP /PP Rezoning with Preliminary Development Plan Preliminary Plat Chris Amorose Groomes Introduced this application which involves the subdivision of three vacant parcels with 28 single -family lots for land currently zoned R, Rural Dlstrict, and R -1, Restricted Suburban Residential District, located on the north side of Brand Road, approximately 700 feet west of Coventry Woods Drive. She explained that the Commission would be making a recommendation to City Council on the preliminary development plan and rezoning. Claudia Husak saki that since 2003, Planning has worked with several different property owners in an attempt to develop this parcel. She said last time R was submitted with new information was 2008, and R was scheduled for a Commission work session for a condominium project, and the applicant chose not to move forward with that proposal. She saki the applicant has worked since the summer with Planning on this proposal. Ms. Husak said that the site Is comprised of three parcels, totaling 18.5 acres, just west of the Wellington Place subdivision and south of the Brandon subdivision. She said to the west is unincorporated land in Washington Township. Preliminary Development Plan Ms. Husak said the applicant Is proposing a preliminary development plan, and a preliminary plat for 28 single -family lots. She said the Community Plan calls for a mix of housing units on this parcel at a density of a maximum of 1.5 units per acre, so with 28 lots, they are meeting the maximum permitted density. She said the traffic study submitted and approved by Engineering calls for a new Intersection with Brand Road as well as a turn lane off Brand Road. She said the plat Includes the new street, Wellington Reserve Drive, which accesses all of the lots In the development and provides a stub to the west in the northern portion of the development. Ms. Husak said recommended Condition 1 deals with notification of potential homebuyers In that area to the north, and advising them that the street Is slated to be extended 9 development would occur to the west. Ms. Husak said Baliybddge Drive that currently stubs Into Wellington Piece will be extended to Intersect with Wellington Reserve Drive. Ms. Husak said proposed is minimum lot width of 90 feet and depth of 145 feet She said Lot 1 does not meet the lot width and therefore a condition is recommended. She said the applicant proposes to include a 10 -foot wide build zone a" the front of each lot Instead of a front building line. She said that zone is between 20 and 30 feet. Ms. Husak said the rear yard proposed Is 25 feet. She pointed out that there is some discrepancy between the zoning text which requires the 25 -foot rear yard and the plans submitted which show a 20 -foot rear yard, so that should be corrected on the plan. She said a &foot side yard is required, 14 feet total, typical of what is seen in the City. Ms. Husak said that Planning had concerns about the proposed setbacks In the development text that would allow driveways to be within one foot of the side lot line in case there are side- loaded garages. She said Code allows driveways within three feet of the adjacent lot line, and Planning would want the applicant to adhere to that requirement. She said that the text also proposes rear loaded garages, something not seen In adjacent neighborhoods. Ms. Husak said a 130 -foot setback is required from Brand Road In this development. She said the Community Plan classifies Brand Road in this area as having River Character, which is showcased by requiring natural landscaping, earth forms, more informal plantings, and setbacks in the Plan are stipulated between 60 and 100 feet. She said the applicant is proposing a 100 -foot pavement setback and a 130 -foot building setback. Ms. Husak presented what the 60 -foot and 100 -foot setbacks would look like and the 130 -foot building setback proposed. She said that neighbors on the south side or Ballybridge Drive that would back up to these lots have raised concerns regarding this part of the development text. Ms. Husak highlighted that there was approximately a 100 - frot setback to most of the existing buildings along Brand Road. 08- 038Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road "n Planning and Zoning Commission October 6, 2011 - Mints Page 2 of 12 Ms. Husak presented the surrounding development patterns of this plat and that of Wellington Place Section 2 for a comparison of lot sizes and widths. She said that the applicant stated that they were trying to make the lot development similar to those in the surrounding neighborhoods. She said that the other lots are slightly larger and a little deeper, but have a similar development pattern. Ms. Husak said the proposed grading plan Included 3.6 acres of open space in the setback along Brand Road and a detention basin. She reiterated that the development text requires the informal natural landscaping that would meet the Community Plan. She said that the applicant has been asked to clarify that the open space Is to be deeded to the City and that there will be amenities included in the open space. She said that the applicant also proposes a bikepath connection to Brand Road and the City Is currently working on the Brand Road Bikepath project to be undertaken in the near future. Ms. Husak said that it has been requested that the applicant work with Planning at the final development plan stage to Identify areas for tree preservation zones. She said the applicant has also been requested to not differemdate for tree replacement responsibilitles between the developer and the homebulider because that is a very difficult requirement to enforce. She said the trees have to be replaced, and there should not be a differentiation between who is responsible for replacing them. Ms. Husak said that the proposed development text includes a tree waiver that would be required to be approved by City Council. She said R was typical for what Planning has seen in developments such as this. She said the applicant Is also allowing a portion of the tree replacements to be evergreen trees, and Planning wants to make sure that there can be a mix of evergreen trees and deciduous trees in the open space area. Ms. Husak said that Planning has worked with Engineering and looked in more detail to the grading and there are some significant differences between the finished floor elevations of the proposed lots and to what Is In Wellington Place currently existing. She said that Planning wants the applicant to work with them to laver the grading so that these houses are not 10 feet higher. Amy Kramb asked if the height difference was due to the topography. Ms. Husak said there seemed to be some artificial raising of the grade, due to where the road and home pads are located. She said that Engineering did not think It had to be that way. Ms. Kramb asked if the existing topography of that is equivalent to the adjacent property. Ms. Husak said It was similar errough but they may not get It down to the same grade. Ms. Husak said that Planning's review of this application was based on the 16 review criteria for a preliminary plan, included in the Planning Report. She said Planning recommends to City Council approval of this rezoning with preliminary development plan with nine conditions: 1) That the developer be required to notify the future property owners located to the north of this site regarding the future road extension; 2) That the development text be modified with the following provisions: a) Clearly state that the open space will be dedicated to the City and that a mix of evergreen and deciduous trees and shrubs are permitted In these areas; b) Additional amenities be required as deemed appropriate by the Parks and Open Space Director and to allow these amenities within the Brand Road setback; c) The differing tree replacement responsibilities be eliminated; d) That the one -foot driveway setback for side -loaded garages and the rear -loaded garage language be eliminated; and e) A 30 -inch high wall or hedge be required in the front of homes where a courtyard Is created by a two -car court- loaded garage; and that all lots are accurately reflected in the lot diversity matrix, as approved by Planning. 08- 030Z /PP /PDP Rezoning /Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Placing and Zefing Caanisdw October 6, 2011- Minutes Page 3 of 12 3) That the applicant identify lots where a tree protection zones are appropriate, as approved by Planning, and include those on the final plat; 4) That the plans be revised to Indicate a blkepath along Brand Road instead of a "leisure trail ;" 5) That, if deemed appropriate by the City Engineer, in lieu of constructing the bikepath along Brand Road, the applicant contribute financially to the City's Brand Road Bikepath installation; 6) That the applicant install an off -site left turn lane from Brand Road to Wellington Reserve Place Drive as recommended by the traffic study, to the satisfaction of the City Engineer; 7) That the Build Zone for Lot 1 be straightened to allow sufficient room for home placement and to meet lot width requirements; 8) That the applicant revise the site grading to reduce the difference In elevations of the proposed homes in relation to the existing homes in Wellington Place to the extent possible, to the satisfaction of the City Engineer; and 9) That the plans be revised to correctly indicate the 25 -foot rear yard setback. Ms. Husak said that Planning recommends approval the preliminary plat with the following two conditions: 1) That the applicant ensure that any mirror technical adjustments to the plat should be made prior to City Council submittal, including accurate lot depth and setback requirements, Build Zone locations and open space dedication; and, 2) That the plat be revised to include utility easements, a minimum of 20 feet in width, centered on ail proposed public sewer, accessible to the public right of way and a drainage easement over the areas of the stomowater basins defined by the anticipated 100 year storm water surface profile. Ben Hale, Jr., 37 West Broad Street, the attorney representing the applicant, said this property Is now in contract with Davidson Phillips, which is the same group that developed WedgewDod and Riverside Woods. He said this is not going to be built by Virginia Homes, but a group of approximately ten builders that Charlie Ruma has done business. He said the tots will cost around $125,000 to $150,000 yielding custom -built houses with minimum paces of $450,000 up to $700,000. Mr. Hale said that they agreed with all the Planning recommended conditions except the one for the side yard for the drive. He said that they want to do a one -foot side yard with the other site, a full setback because it Is believed by Mr. Ruma in this price point, that the homeowners want side loaded garages, and three car garages. He said the experience Mr. Ruma has had is that there are certain houses that these builders build that are wider, and the 90 -foot lot makes the house deeper and some of those models are a little more difficult to get on the lot. Mr. Hale said Mr. Ruma said that two -feet makes a big difference, so he wants the proposed side yard setback. Mr. Hale said that they were asked why they did not have another neighborhood meeting. He said they had worked since summer on many issues with staff and the plan details had changed. He said they met with the two civic associations and received feedback. He said for instance on the lots to the north, they were asked to increase the rear yard setback, and the rear yard setbacks on the two western lots have been increased. He said the Wellington neighbors requested that they use every effort to retain the tree line along the common border and they would be happy to do so. He said when the street Is constructed, any lost trees and the diseased or dying trees in the tree line will be supplemented and replaced; as well as those that die because of development. Mr. Hale referred to resident's correspondence requesting that the road move farther toward the street so that the lots that abut the houses on Ballybridge Drive can be a little deeper to provide a little additional setback in the rear. He said that these lots are deep and bigger than theirs are, but they understand that they would like to have as much there as possible. He said that they met Code and making it 120 feet Instead of 130 feet, was the City's call. 08- 030Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning arid Zoning Cornmisslon comber 6, 2911— Minutes Page 4 of 12 Mr. Hale said that although the developer is responsible for trees taken out as part of the development, putting in streets and utilities, there will also be some tree loss as the lots develop. He said they have agreed to the extent possible, working with the City Forester, to have all the tree replacements on the lot so if a tree comes off a lot, they will put it back. Mr. Hale said they will also reforest or fill in on lots that abut them, and maybe after working with the Forester, they may find the best thing Is to use either deciduous or pine trees. Mr. Hale said another concern was expressed about drainage problems in Wellington backyards. He said their engineer believes that the neighbor's drainage issues will be addressed. Ms. Amorose Groomes Invited public comments. Julie Hubler, 5425 Brand Road, said that their driveway will be directly across from this development entrance. She said they were not concerned about property values, but concerned about safety. She Invited everyone to try to drive out of her shared driveway onto Brand Road. She said that they were not allowed a separate curb cut because the road was designated by the City as Scenic She said It shocked her to know that they could have a subdivision entrance just to accommodate 28 vehicles on Brand Road. She said there have been many accidents near or in her driveway. She distributed to the Commissioners written comments and offered to speak to the developers after the meeting. Bruce McLaughlin, 5131 Brand Road, said they lived directly across from the westernmost portion of the development in Washington Township. He said it was not a good idea to have another curb M on Brand Road with the amount of traffic. He said it was not far from the Coventry Woods entrance and past Commissions and developers have already made it so that you can access this from Ballybridge Drive. He questioned why a second access was needed for fire trucks. He said safety here should be paramount In the Commission's considerations. Mr. McLoughlin said in conjunction, there is a nasty curb after the entryway proposed on Brand Road, and he implored the Commission to make sure that If the developers go forward, they somehow straighten out that curve for safety. He said that on Brand Road there are times of the day you cannot get out of your driveway when the students leave Coffman High School. He said in his opinion, If another curb cut is allowed, there will be more accidents. Mr. McLoughlin asked the Commission to ask the City Engineer if he can engineer the sewer system in such a way that all of the residents on the south side of the street might have access in the future to tap Into the sewer system. He said he was talking about running a lateral somewhere in the area from Lot #28 or #6. He suggested it might be the enticement that Dublin needs to get the balance of the residents in Washington Township to annex. He said currently, there is rro reasonable way that he knew fix them to get into the sewer system; therefore, there Is no reason to annex. He said the water is in the street, so they have easy access to water, but if it is no too much of a problem, if the Inverts are correct, it would certainty be a very small addition to the cost of the serer improvements to make ready for the annexation of these lots in the future If that becomes something mutually desirable. Kimberly Shepherd, 7412 Channonte Court, said although not Immediately Impacted by the development, she had three young children who walk to Bailey Elementary School and she was concerned about their safety when drivers cut through this new road to go to Ballybridge Drive, and cut over to find an alternative route to get to Dublin Road. She asked if there was anything that could be done to mitigate cut throughs should that occur. Collette Feldmann, 5053 Ballybridge Drive, outlined three concerns; the setback, drainage issues, and the trees. She said Mr. Hale had addressed their concerns about the trees. She said regarding the setback, she understood the Community Plan requires a setback between 60 and 100 feet, and this developer has chosen to go 130 feet. She said as homeowners and property taxpayers in the City of Dublin, they believed that the Historic designation and the River Road designation from Brand Road was going to help make it more scenic, not push potential homes, literally Into their backyards. She referred to item 4 in 0 "38Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 1144 and Lngg nrand Rnad Dublin Manning and Zming Commttlon Mabel 6, 2011— Minutes Page 5 of 12 the Planning Report analysis: The proposal is located in the City and will safeguard the value of property within and adjacent to the area and said she did not that was true, especially considering that they are proposing required side bad garages. She said those homes are dose to their backyards which meant that at all hours; they will have headlights In their back yards. She said the tree line, when the vines are removed will not screen the headlights. Ms. Feldmann said they are all concerned about the drainage that will go down the street from these new homes. She said the previous developer, when their homes were built, had to come back and add French drains in order to alleviate the problem. She said additional homes will only make the problem worse. Ms. Feldmann said regarding the proposed setbacks, she suggested that If the Wellington Place homes and the homes on Ballybridge Drive were looked at in relation to Brand Road, compared to the homes on Balfour Circle, and these homes in this neighborhood were in alignment with the homes on Balfour Circe, they would not be concerned with the setback. She said that they would feel that was a reasonable distance, but it was not, they are literally push all the way back Into their entire backyard. Igor Sirotin, 5215 Reddington Drive, said he was concerned about the value of their homes and what was going to be developed to the west of this development. He was also concerned that displaced deer and wildlife in this area might cause car accidents. Brett Ingram, 5035 Baltybridge Drive, said that currently, he had drainage issues in his backyard. He said from his patio, there Is a guiley, which is where his drainage goes, and then there are trees. He asked for the drainage from the property behind them, it could be specifically written to be self -contained within that backyard. He said from his patio, it is a two-foot drop and he would not want to have additional water moving from time new properties into theirs. He said he and his neighbors paid for a French drain, but it did not fully address the problem. Mr. Ingram said if there was not an access directly to Brand Road, and there was a thought of having a single Ballybrdge Drive access for this new neighborhood without any direct access to Brand Road, it raises a counter safety Issue of many children on Bailybridge Drive. He said an extra house could be built If you did not even cut over on BriarwoDd Drive and maybe extra profit in the overall effort. Mike Ensminger, 7502 Kilbrittlan Lane, spoke on behalf of the homeowners living on his street and Katesbridge Court whose backyards are adjacent to the aforementioned eastern edge of the proposed development. He pointed out that a week ago, the Federal govemment reported that new home safes fell for the fourth straight month In August, even though summer is traditionally the peak time for homebuyer. He saki that has left many in their subdivision wondering If this Is the right time to propose new homes build on heavily wooded land in the heart of Dublin. He said the Planning Report indicated that these three parcels have been described both by staff and by the past developers as difficult to profitably develop due to its unique nature character, the Lshape, as well as the heavily wooded lots. He said as a new resklent It was his fear that some of these lots will become'McMansions', no land and big houses, which is why they moved from Washington, D.C. He said their strong preference is that this land remains wooded as they chose Dublin for Its commitment to keeping green and open spaces and the beautiful that largely surrounds every development. Mr. Ensminger said one of the most critical comments he had tonight was the need for an Increased rear yard setback on the entire north, south, and east skies of the Wellington Reserve development. He said a 25 -foot rear yard setback was not acceptable to them. He said It was a gorgeous parcel of land with wildlife. He said they would request a 50 -foot minimum setback. He said the plat posted on the Commission website actually showed up to 200 -foot long property lines and he was not sure where the 145 -foot goes. He said he liked the build -to -zone because it would assure that the houses stay closer to the front of the street and will give the residents a nice separation between the houses. Mr. Ensminger 08- 038Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 1144 and 5056 Brand Bnad Dublin Planning and zoning commission October 6,2011 - Mlnutes Page 6 of 12 suggested that if the trees considered to be in poor condition are removed, that it be committed In writing to replace those trees with some deciduous or coniferous odes, maybe staggered to create a privacy berm between the existing and proposed developments, it would go a long way m benefiting both the existing and future buyers of this land. Mr. Ensminger said that the inn -foot grade difference proposed Is unacceptable. He said in March, he had ducks living in his backyard in the water running off this property. He said a ten -foot grade difference will only make that worse. He said he would like more details on the pipe Mr. Hale mentioned that would be in the backyards. Mr. Ensminger said he would like to see the grade reduced to something comparable to what exists up to a three -foot difference. He said the proposed conditions are very ambiguous and he asked that they be tightened. Mr. Ensminger said that Ballybridge Drive was too narrow for a school bus to pass a parked car. He said parked cars on the street would prevent emergency access. Mr. Ensminger said that Ms. Husak and Aaron Stanford had been fantastic in addressing their concerns and they were appreciative of the time taken to listen to them. Christine Gawronskl, representing the Brandon Homeowners Association, said most of their concerns had been mentioned by Mr. Ensminger. She said overall, they were pleased that so many of their concerns from the last few attempts were addressed in this proposal. She said R was nice to see that the greenspace and density was met She reported that Mr. Ruma and Mr. Hale had met with them and agreed to the 30 and 40 -foot setbacks on the homes and they were appreciative of that. She said they wanted to emphasize a 'No Disturb Zone; keeping as a wildlife preserve, the setbacks between the houses. Ms. Gawronski said they were happy to hear that there will be a mix of deciduous and coniferous trees so that the winter screen will remain. She said they would like a copy of the traffic study for the drive. She said they understood that it looked like the only place it could go and would probably address the safety Issues. Ms. Gawronski said both neighborhoods want the integrity of Brand Road and Dublin's commitment to its rural character to be maintained. She pointed out that other neighborhoods in Dubin have greenspace, ponds, and beautiful homes, however they are very manicured and sparse. She said there are those areas in Tartan and on Brand Road by Avery that do not fit with the rest of Dublin. Ms. Gawronski said they were requesting, as they had already mentioned to Mr. Hale and Mr. Ruma, at least 150, 2 1 /2- inches to 3 -inch caliper trees around the front detention pond to preserve the rural character and integrity of the look of Brand Road so that it does not look manicured, but natural. She said they agreed that there should be restrictive covenants that the trees cannot be taken down by the homeowners on the 40- or 30 -foot setback that they have. Marty Cirlam, 4915 Brand Road, said they had lived in their historical home for 19 years and any change to Brand Road affects their property value. She said they liked the rural look of Brand Road and did not like everything manicured. She said she did not think it was necessary to develop 28 more houses when Mere are many areas that are empty. She said she did want to see the trees removed and a bunch of signs to sell lots from her home. She said she was against this proposal. Dana Mack 7417 Charmonte Court, a trustee of the Wellington Place Homeowners Association, said he wanted to know what was going to be the overall mission or zoning with these three parcels; the overall plan. He asked also if the intersection of Coffman and Brand Roads was proposed for a roundabout. Mr. Hale said that Reserve C was to be a passive recreation area with places for people to sit or throw hisbees. He said it would not be playfields. He said that they cannot force this on the Wellington Place homeowners. He said they have looked at the grade, and the grades will be much closer to the neighbors than they are on the preliminary development plan and they will be set at the final 08- 03SVPP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dubin naming and Zobng Ckanmiss on Dchker 6, 2011- Knix s Page 7 of 12 development plan stage. He said they will try to get the grades as close to what exists as they can, taking into consideration that this site is higher. He said they would not unnaturally buildup the grade in any way. Mr. Hale said they also Intend to have a dry basin and plant trees in that area and reforest It with the City's approval, with trees in the detention area to forest the set back area and make it a very natural area. Mr. Hale said regarding the lots that back up to Wellington Place, they made the lots on the east side of the Wellington reserve about 190 feet, and on the other side they are about 165 feet so that the depth was as deep as they could. He said he did not think there was a problem with Increasing that setback to 40 feet which will ghre them more room to plant. He said this subdivision will not drain towards the neighbors. He said the houses, streets, and driveways all come Into the street. He said then there are the areas behind and t he lawns which will be picked up with the drainage. Steve Schehl, EMH &T, referred to the grading plan and said lowering the development to better match the existing property was not a problem. He said when he reviewed this site hie found there were about 13 acres that fall from the west to the east with one catch basin which was a problem. He said they propose a storm sewer along the property fine, beginning between Lots 9 and 10 with 5 to 7 inlets that will pick up all of that flow. He said that actually outlets through the 21 -inch storm sewer between the Goodwin and Rodriguez property. He said R will not get all the flow that Is accepted because they are cutting off drainage coming from the west four acres through this property into the rear of those lots. He said It would be designed as a system that picks up all of the Impervious area and takes R to the basin, deans per Code, and then the dean water will go through the pipe into the 21 -inch storm sewer and eventually to the river. He said that Lots 1, 2, 3, 4, and 5 will also have inlets added to spring drainage through the basins. Tracy Ingram, 5035 Ballybddge Drive, said they had been present In 2001, 2003, and 2008, during the Commission hearings for this site, and they appreciated the developer trying to accommodate some of their concerns, however she did not hear addressed the drainage In the back yards of these proposed homes backing up along Beltybridge Drive being accommodated so that It does not come Into the existing property. Ms. Amorose Groomes dosed the meeting for the Commission discussion. Amy Kramb said she thought the proposal was failing Criteria 4, 5, and 6 which address the adjacent uses, the open space, and the natural features. She said she thought they were dose, but riot all the way yet, because Mr. Hale mentioned Riverside Woods where a wonderful job of preserving trees was done. She said there Is a very nice central tree preservation area In which about 90 percent of the trees were preserved. She said she did not see a similar area on this development, which she found disappointing because they were using the setback as an excuse to not develop the southem end of the property. She said that was the most unattractive part of the entire property, and they were saving it for the open space. Ms. Kramb said no one is ever going to enjoy that area, and there is great lard on this parcel that can be enjoyed. She said she would like to see a stand of trees preserved which unfortunately might mean one less lot. She said personally, she would give the lower setback in front, taking it down to 90 feet on Brand Road to give an extra lot up front, if in the back northwest corner they could preserve the good trees on Lots 17, 18, ad 19. She said they could preserve those trees by making a small cul -de -sac at the end of the road instead of just a stub, and should they figure out what happens to the development on the west, maybe the road could be extended and there would be a finished road Instead of a dead - end one at the sake of some nice trees. She said using Riverside Woods as a good example, where there is a nice tree buffer along Hard Road, Riverside Drive, the homes backing up to Hanna Hills where they did a wonderful job preserving all the trees. She said along Riverside Drive, some, but not all of the rooftops can be seen. She noted that someone tonight had mentioned 30 -foot setbacks, and nowhere on the plan submitted did she see them noted. Ms. Kramb said they needed to consider marking the tree 08- 03gz /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning commission October 6, 2011— Minutes Page 8 of 12 preservation areas off. She said she was not happy with the dry retention basin solution. Ms. Kramb asked If the traffic study Indicated that the intersection should be signalized or signed. Aaron Stanford said the traffic study said what was needed to mitigate the traffic would be a left turn lane or widening of Brand Road, but did not show in the 10 -year horizon that was studied, a need for an Intersection improvement being a roundabout or a traffic signal. He said the new roadway would be stop controlled. Ms. Kramb said she did not know for 28 houses that they needed to create a new curb cut on Brand Road, but she had not read the traffic study. She said her first thought was that traffic be routed down the existing street. She said the new homeowners will have children also, so especially if they become members of the same homeowners association, they are not going to speed down the neighborhood streets and will be courteous to those walking down the street as well. Ms. Amorose Groomes requested that Mr. Stanford speak with Mr. Mack regarding his question about a roundabout after the meeting. John Hardt referred to the neighbors' Concerns about stormwater and explained that the City has regulations In place that apply to every site in the City stipulating that stonnwater from one site cannot run across the property line onto another. He said the stonnwater plan submitted showed seven stormwater catch basins along the western edge of this site, which from an engineering perspective, are designed to catch the water from the undeveloped Washington Township land that is currently flowing in their direction. He said another eight catch basins are shown along the eastern side of the site, and all are connected by underground stone pipes that range from 12 inches in diameter, flowing down into the pond. Mr. Hardt said he was comfortable that the problem has been solved and that the City Engineer will scrutinize everything to make sure that the way R is being designed by the developer is consistent with the City regulations, and R will function as it is intended. Mr. Hardt said that he was comfortable that it will make things better than R is now and he was not terribly worried about it at this time. Mr. Hardt saki regarding the access, it was not focused that the Engineering Department is requiring a left turn lathe on Brand Road, which tells him that any cars needing to turn into this development will have a place to go to get out of traffic. He said he was not sure that two ways into this development where needed. He said right now, there is a proposal for a curb cut on Brand Road and a tie-in at Balybridge Drive, and he did not have an opinion yet on which Is the better option. He saki he would like to see the traffic study to know how many vehicles and trips these 28 homes will produce before he forms his opinion. Mr. Hardt said the setback on Brand Road is confusing to him because the Community Plan calls for 60 to 100 feet, the neighborhood to the east has 100 feet, and this proposal Is for 130 feet, and he was not Gear from what he heard tonight, who is asking for the 130 -foot, why, where is it written, and what is the requirement. Ms. Husak explained that in the 2007 Community Plan the River Character streets are stipulated to have a minimum setback of 60 to 100 feet. She explained that they were meeting Code by being more than 100 feet, at the developer's discretion. Mr. Hardt said the Commission has heard tonight that supposedly promises were made about larger setbacks at the rear yards, and 30 feet and 40 feet where the numbers mention, but the documents In front of the Commission indicate they are 20 feet which does not sound like the right number. He said whatever it is, it should be a tree preservation zone, not simply a setback. Mr. Hardt said he belkved that single family homes on this site are consistent with the Community Plan, and it is probably the right thing to do. He said it was certainly better than the proposals seen in the 08- 038Z /PP /PDP Rezoning/Preliminary Plat/Preliminary Development Plan Wellington Reserve 5166 and Smg Rmnd Rnod Dublin Manning and Zoning Commission October 6, 2011 — Minutes Page 9 of 12 past. He said there were many discrepancies regarding the rear setbacks, the one -foot Issue on the side yards for skle- loaded garages, the confusion about tree replacemeit, and the diversity matrix had an error. He said at a minimum, he would like to see everything cleaned and polished before he would vote on this proposal. Richard Taylor agreed with the other Commissioners regarding the stormwater and tree preservation Issues. He said one concern he had was with the location of the drive. He said just looking at the character of Brand Road from Dublin Road to Jerome High School, there are very few access points. He said there is nothing from Brand Road until you get to Coventry Woods and nothing from Coventry Woods to Coffman, nothing from Coffman until Brandonway, and on and on. He said he had concerns about adding small bits of road here and there on an existing road that has a rural character. Mr. Taylor said the L -shape sliver of land with a lot of available undeveloped land adjacent to it was his biggest concern, but that was beyond the control of the Commission. He said according to this plan, there had been some consideration that some day that land might become available and can be connected, and if this current road plan were accepted, and additional land to the west was acquired as part of this, there is going to be another curb cut onto Brand Road connecting this. He said in a perfect world, he would be much happier seeing all of that land as one neighbodtood with one access onto Brand Road, but he saw this as adding another potential road in the future because he could not imagine It would continue to a large cul-de-sac or large loop that never exits onto Brand Road again. Mr. Taylor said he agreed with the existing residents of the area about the currant danger on Brand Road because it is narrow and additional traffic was potentially a problem. Mr. Taylor said he agreed that along Brand Road the character needs to be park -like and not just a manicured grove of trees. He noted that there was nothing included about the Intent of the landscaping of the development Itself In the future which comes with the final development plan, but he would like to know its intent. He wanted to know if there was any Intent to do any kind of neighborhood -wide landscaping at the street. Mr. Taylor referred to the 100 -foot setback for the Ballybridge Drive lots and said his concern was that he appreciated the residents' concerns with the lot size, but the existing lots he saw on the south side were actually shorter than the new lots being proposed. Mr. Taylor said he could see about a 10 -foot difference between the grade running north to south that backs up to Kilbrittain Lane and Katesbridge Court. He pointed out that In a different kind of development and layout, that grade could be used to the advantage of this development and the streets could be shaped to complement that to make that work with It. He said if this proposal goes ahead, they are just painting the whole thing with lots, and If that was the case, he could not see any reason that cannot be graded relatively Bat and remove the bump so those properties are down closer to the elevation of the existing homes behind them. Mr. Taylor saki regarding the side yards, he was concerned about the driveways being too close, not bo each other, but to the property line In the sense they would have one foot, unless they create a condition where two side - loaded garages cannot face each other, there could be two driveways two feet apart. He pointed out that It was not only an aesthetic problem, but a big drainage problem because the properties in any subdivision like this have to drain between them and then off the property. He said he was not close to accepting having driveways two feet apart, especially for houses this big. Ms. Husak explained that the development text currently requires the hedge treatment for courtyard garages that are three garages deep, and Planning would like to include the hedge treatment for courtyard garages that are two garages deep. 08- 0382 /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Manning and Zoning Commisson October 6, 2011— Minutes Page 10 of 12 ' Mr. Taylor referred to a notation from staff that 9 the developer does not want to build the bikepath they can contribute money in lieu. He said at some later meeting, he would like to be updated on the status of the Brand Road bikepath. He said If there is to be a bikepath; it needs to be constructed when this development is built. Mr. Taylor asked if there was any specificity as to what the 30 -inch wall at the courtyards could be. Ms. Husak explained that it would be a final development detail required to be submitted. Mr. Taylor noted that these single - family lots are significantly larger than the existing lots in the area, and that had to do with not only the front, back, and side setbacks, but that the lot coverage was 50 percent. He pointed out in the rest of the City, the residential lot coverage was 45 percent. Mr. Taylor made some calculations that illustrated what the difference In the 5 percent more lot coverage entailed. Mr. Taylor said he was not yet prepared to vote. Joe Budde said he agreed with Ms. Kramb about the tree preservation zone, and he liked the concept. He said he too, was not ready to make a decision about the curb cut to Brand Road. He said he thought having the entrance on Ballybridge Drive would be a viable option, but he would like to know more. Warren Fishman said he thought that the one -foot setback was completely out of the question. He said regarding lot coverage, he disagreed because he did not pre how big the houses were, but he did not think there should be more than a 40 percent lot coverage which most of the Dublin developments have, not 45 percent which Is a huge difference. He said that a 40 percent lot coverage would eliminate many of the other problems discussed. Mr. Fishman said that they had to be very careful with a No Build Zone because about five years ago City Council allowed swing sets to be placed In them. He said It was amazing that the swing sets seem to have killed the trees. Mr. Fishman referred to the dry pond being proposed instead of a wet pond. He said he only knew of a few Dublin dry ponds that were as attractive as wet ponds. He said he was definitely against a dry pond and recommended a beautiful, heavily landscaped wet pond instead because this was on Brand Road. Mr. Fishman said he and Mr. Zimmerman thought Ballybridge should run across this and it should be cut through in the first phase. He said he was undecided about the curb cut on Brand Road bemuse It might not be needed If this is developed that on the west, there is Ballybridge and the rear street to get through the development. He said more curb cuts were certainly not needed on Brand Road. Mr. Fishman said that the bikepath was needed instead of the money. Todd Zimmerman said he definitely was set on the 130 -foot setback from Brand Road. He said he would like entrances on Brand Road and Baltybridge Drive. He said that Ballybridge Drive was designed to be a street to connect, not an entrance to a development. He said when an entrance is proposed on Brand Road across from residential, such as was at the Conine property on Summitview Road, the entrance was lined up to a house across the street for safety. He said he believed Mr. Hale represented the developer on that project and they landscaped across the street for light transparency across the street He suggested that should be done for the Hublers and the other residence, but It was between them and this developer. Mr. Zimmerman said that for the side - loaded garages he wanted the setback to meet Code. He said he hoped that Ballybridge Drive will be phased In with Phase 1 of the development. He pointed out that wet pond maintenance would be a lower cost for the 28 homeowners in the association. Mr. Zimmerman confirmed that the standard lot coverage in Dublin was 45 percent. Mr. Zimmerman said he understood Mr. Taylor's concern and one way to eliminate some of the problem Is to eliminate a couple of lots and make the lots 95 -feet wide. 08 -o38Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Marring and Zoning Commission Ochiber 6, 2011 - Minutes Page 11 of 12 Mr, Fishman recalled that Tartan West had a 50 percent lot coverage, but there was a huge area around it that had common properties and that was why that coverage was allowed. Mr. Fishman said regarding the setback on Brand Road, the 100 -foot setback had been that way for 30 years. He said it was not put in writing, but R was ItadItion that there was to be a 100 -foot setback minimum on Brand Road. He recalled recently that a variance was granted for a Coventry Wands house addition that was proposed to be a few feet into the Brand Road setback and it was very controversial. Ms. Amorose Groomes said she would like Mr. Hale to meet with Mr. McLoughlin later to discuss the sewer Issues which are not part of the Commission's discussion tonight. Ms. Amorose Groomes said she had concerns with the connectivity to the west and the uncertainty of that parcel of land is not this landowner's problem, but it is the responsibility of the Commission to consider. She said she, too would be aggrieved to see more curb cuts along Brand Road. She said she would like to see the capability of those existing roads, particularly Bellybridge Drive of handling EMS traffic. She said she would like to hear from emergency services what it would take to make it safe. She said she would be more willing to have a curb cut If there was no other way to provide that safety. Ms. Amorose Groomes said she liked the courtyard garages, but she would be opposed of setting a minimum of a one -foot side yard. She said she appreciated the thought of the courtyard garages if they wanted to maintain a side bad kind of appearance without having to mitigate the side load areas. Ms. Amorose Groomes said she believed a lot coverage of 45 percent would resolve some of the probtems. She said she would like to know the setbacks for all of the existing homes so that the Commission can make sure that they require at least that of the new homes, and hopefully more. Ms. Husak said that the side yard setbacks are the same and the front yard setbacks have a 30 -foot build line so there Is a little more by ten feet. She said the tames backing up to this property have a 25 -foot No Build Zone required and the setback requirement in this neighborhood is 20 percent of the lot depth, so It Is different, depending upon the lot depth. She said usually, they have the 25 -foot No Build Zone and on tap of that they have a rear yard setback that could vary a little. Ms. Amorose Groomes requested that the greatest be calculated and they would use the highest watermark. Mr. Zimmerman asked what the depth of the lots was. Ms. Husak said the adjacent lots are 125 feet deep and the average was about 135 feet deep. Ms. Amorose Groomes would like to see the Information so that these residents can be assured that the requirements of their incoming neighbors are at least what they have, if not greater. Ms. Amorose Groomes said she was in favor of a No Disturb Zone versus a setback In the rear so that even if there were no trees because they died, they still could not have a play set in that location. Ms. Husak said that Planning's preference was currently a tree protection zone because a in a No Disturb Zone there Is no clearing of evasive species allowed, and in Deer Run they have proposed tree preservation zones with language that was in the development text. Ms. Amorose Groomes pointed out that dry detention basins are very difficult to maintain. She suggested It be handled in another way; maybe with a rain garden or something of that nature. She said a wet basin would be nice if there is enough room on the site for a living environment that is sustainable. 08- 03SVPP /PDP Rezoning/Preliminary Plat/Prellminary Development Man Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning Commkslon October 6, 2011 — Minutes Page 12 of 12 Ms. Amorose Groomes said her rough calculation resulted In around 190 caliper inches of Ash trees. She requested that when an application for the final development plan is submitted, those trees need to be calculated into the tree requirements for the balance. She said did not see any evidence of them being treated, so they will likely perish in the next 18 months. Mr. Hale said they had received sufficient guidance and requested a tabling so that they could meet with staff to work through the issues and meet with both homeowners associations again afterwards to make sure the concerns are addressed to the extent they can. Ms. Amorose Groomes thanked everyone and said that this is going to be a better project by their participation. Motion and Vote Mr. Hardt made a motion to table this rezoning with preliminary development plan and preliminary plat. Mr. Zimmerman seconded. The vote was as follows: Mr. Fishman, yes; Mr. Taylor, yes; Ms. Amorose Groomes, yes; Mr. Buckle, yes; Ms. Kramb, yes; Mr. Zimmerman, yes; and Mr. Hardt, yes. (Tabled 7 - 0.) 08- 0382 /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and sns6 Brand Rnnrl CM OF DUBM rra.r aaw�a�e�iun eby9axelwgelp rw,eae rseuero-oa �s aawlaP •taaecr PLANNING AND ZONING COM USSION RECORD OF ACTION NNE 19, 2008 The Plamling and Zomag Commission took no action on the following case, at this mo&jrj : 6. WeiDagton Reserve 5144 Bn®d Read 08A;8CP/Z Concept Plan proPosial: A Subdivision with 30 residn" duster lots for land currently zoned R, Rural District and R -1, Restricted Suburban Residential District, located on the north side of Brand Road, approximately 700 fact west of COVeotry Woods Drive. Request: Review Of a concept plan under the Planned District provisions of Code Section 153.050. Applicant: Kolby Tumack, Casm: represented by Smith and Hale LI.C. Planing Correct: Claudia D. Husak, AICP, Plainer 11. Contact Information: (614) 410-0675, chusekedubtiaohus RESULT: This case was postponed prior to the meetiog. There was on discussion of vote taken STAFF CERTIFICATION p..sfx<D �cl dsudia D. Hosak, AICP Planner 11 C 08- 038Z/PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road PLANNING AND ZONING COMMISSION Cl RECORD OF ACTION SEPTEMBER 2, 2004 C[TY OF DUBLIN. enals a,w aeaabanml u lrhl� elY exlFlrlr tlsa6I4A1040 rrc tIH1aVV tyt }a:w6Wim The Planning and Zoning Commission took the following action at this meeting: 3. Concept plau/Rezoning 03.153CP/Z — Brand Road Development (a." We0129101 Reserve) Location: 18.584 acres located on the north side of Brand Road, approximately 700 feet east of Coffman Road. C Existing Zoning: R, Rural and R -1, Restricted Suburban Residential Districts. Request: Review and approval of a rezoning to PUD, Planned Unit Development District under the provisions of Section 153.050. Proposed Use: A single - family residential development of 27 lots and 1.8 -acres of paridand. Applicant: CF Brand LLC, 5056 Brand Road, Dublin, Ohio 43017; represented by Ben Hale, Jr., Smith and Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215. Staff Contact: Anne Wanner, Senior Planner. MOTION: To table this Concept Plan/Rezoning application as requested by the applicant's representative, Aaron Underhill, Smith and Hale. VOTE: 6.0. RESULT: This case was tabled as requested by the applicant's representative, Aaron Underhill, Smith and Hale. STAFF CERTIFICATION � 1 % Daniel p Bid FAlCP Planning Director C 08- 038z/Pp /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning sad Zoning Commis blueness — September 2, 2004 Page Z C M< Gesber was vary w;th thin area H awed probl as being a had would pay for the am 25 He said anfotdmate dtd not know' was any to ever fm it 'd be • th the Other 'SSlanfd5 that o -wiv a R em was e was percav whb this oa He aid wi hasOA air. there was y ample for another He thought area cotmneme duxets diet an bank was Howaver, he thought this would nm He suggested properties to the of north of ft th site would better. However mtght the arehiteetme ' If wa a "home ry4" Mr. iditwajamin wrong plane. Mr Ile thanked the ' 'on and sai a appreciated the' Gerhes said budding was nice. He said ly, the ion's discasi center more a the building dc. and the is not much of data. He said site wa n t, there is no to go forward it Mr. be again said eppredated the mmission's o ns. He eated the on, saying had an exce phanser wlao this ' hearing He comp' ila Commiamc0 the info®al ' g berm ne gee . they go through entha process a tat of eaght etc and the of dollars y to be told no. . W. aid that wa wit ere sues an inf application He said all tarmers wen , but Mr. Nola f amete to with Ms. C Nolte again d he appreci Commission' time and input He thanked the Commission fo positive is shout tla 2. orridor Develo t District 04 DD — Ken Met — 6611 S Road o cation or vote taken m this 'des Wes at the request of spit cant 3. Congest Plan/Rezoning 03.153CP/Z — Brand Road Development (a.k.a. Weihugtnn Reserve) Aaron Underhill, Smith and Flak, a0nmey representing the applicant, said based on the staff report and the wort needed, especially in respect to getting this development up to speed with the conservation design tier staff has recommended. Day would like to table this application. Mr. Gerber said at this cans' initial aw staff had recommended diapprovd. He said there were many outstanding issues remaining. He assumed that the applicant would be Working with staff and the residents as requested. Mr. Underhill said they were aware of some of the neighbors' issues and would like to work with them. C 08- 0382 /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road C E41 C Dublin Planning and Zoning Commission Mimam — September 2, 2004 Pap Mr. Craber said it was always very important to hew ftem residents. The Camnission wants to know what they are [hinting. However, this cox could eome back lodcmg very diFfi than it does now. He aid to take bestimnny tonight would be promotion at this point He apologized to those in the audumee who wished to speak. He said no mechanism was in Vim to bear comments when there is not in effect as ease befine the Commission. He said when this application [clams, Were will be time to talk about it He suggested that speakers leave their names with the plainer, Arm: Wasa r, who will keep them up to date. He invited diem to share with her any facts to be considered in the process. Mr. Gerber made the motion to table this Concept Pleo/Rtmaing application, and Mr. Zimmerman wounded We motion. The vote was as follows: Mr. Messioeo, yes; W. Sp iga. yes: Ma Baring, yes: Ma. Reiss, yep Mr. Zimmer man, yes; and Mr. Dater, yes (fabled 6-0.) 4. Desdopmant and D . (iabc said this Was a rep" PUD, Planed UVrIbevelopumd plan nom' consideration *on, arglalkaute, etc. by Way] may pp6ed to City Counoi W Mark ZuppooZ*" presented Tart es4 Seedan 4, P 1 aZSu and approval of a developme provisions of 153.056 The f nal details of prged including e said following vnl the applicant Pte• 'fy on this cam said to this development matched the the only 'ssion was the platted with Mr. Zuppo said S as C and D ate for 50 single- roes on 54 acres dading 13 acres of This plan b 50 single-family es with two saes opensl e Tartan West' in the northwest of Dublin, at soudrean Corner 0 gland -Croy and McKitvi cads. This site is trally I 'thin the T artan devdopmem with some a on McKibi oad. He said lots bounding the te to the trorWa�ert curry a t aoniog. He a allele of the S Plan. He aid is a required 200 -foot ack from McKi ' In addition, is a 50 -foot for all IM within S C and D along Drive. Mr. Zu said Subarea D lots that were to have a minim fioubWHesmdft and um size of 13 square feet S C has 19 lob m®mum feet. Flo said along Common . a 50 -Soot aired and a to 35 -foot required except there is a bi tli The b' north/south alo the wen side of D Ito Drive req ' 30- to 35 -foot bikepat6 along the wrest side Donatello Delve, ugh the reserve d w1R connect to futma ' epaths along Rood. Mr. Zu said Wet a 25 -foot isbub, oo•buildyftr oce savation maze is Dived to the rear f all the lots a . .steel m the plat /fhe 08- 0362 /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road PLANNING AND ZONING COMMISSION O RECORD OF ACTION JUNE 10, 2004 CITY OF DUBLIN. aiNAaaeVm Rrax.%* W tli.01m4Mu,)M P6 .V441040 W 61441ae41 Mhifi l4enn The Planning and Zoning Commission took an action on the following at this meeting: 1. Informal Review 04-0 MF— Wellington Reserve —Brood Road Location: 1 5.584 aces locathd on the north side of Bond Road, approximately 700 fax east of Coffman Road. Existing Zoning: R, Rural and R -1, Restricted Suburban Residential Districts. Request: Review of three site plan options for conformance with the conservation design resolution. Proposed User The following two options for residential development are proposed: 1. Option l : A residential development consisting 29 single•family lots, and g.4 acres of open space (Conservation). 2. Option 2 : A residential development consisting of 29 single - family lots, and 3.7 acres of open space (Conventional). 3. Option 3. A residentiali development consisting of 29 single6imily lots, and 3.7 acres of open space (Combination of Conservation and Conventional). ApplicauL CF Brand, LLC, 5056 Brand Road, Dublin, Ohio 43017; represented by Ben Hale, Jr., Smith and Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215; and Linda Menerey, 2577 Andover Road, Upper Arlington, OH 43221. Staff Contact. Anne Warmer, Senior Planner. RESULT: There was no vote or action taken on this informal discussion. The Commissioners stated that the ultimate design should incorpomie conservation design and that a new site plan should be created STAFF Frank A. Ciamchi Acting Planning Director V 08- 038Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning CS mmiss Minutes —June 10, 2004 Page 3 *0 on on on conduct anothta c hearing to approve other am; C .such es 8. He said io fit eiopnow based on a prior Anye who' nda m address the 'on on any of cases maul he swum 1. Informal Review 04.082R4F —Wellington Reserve —Brand Read Rick Gerber announced that this was an infomal ease, which meant than was up to a 30- minute limit for the mere. He said this was a review of three site plans for conformance with the Conservation Design Resolution. Arm Warner said this was an informal review for a single - family lad division on Brand Road. She said staff bas been working with the applicant for some time, and the design has made a lot of progress owe the applicant began the rezoning application process. The site is located north of Brand Road, approximately 700 fact Bari of Coffman Road. She showed an aerial slide of the 18. 584 -acre site. She said it was comprised of thms parcels. Ma Warner said them is a significant number of existing even. Developed subdivisions are to the east of this rite and these are estate lots within the township, located to the west and to tle soon. The aite is currently word R, Rural and R-1, Remitted Suburban Residential Diatrids. Wellington Subdivision is zoned PLR, Moved Low Density Residential District and surrounding zoning includes PUD, Planned Unit Development District to the norlh. Adjacent township land is not incorporated into Dublin. C Ms. Wanner said them am three options being considered and all three consist of 29 dogk- family lots with varying opeospace. The layouts ere all very similar. They are laid out with a cal de me street rum noNJsouth and an extension of Valleybddge Drive to convect to an existing stub. All time plans have openspace located towards Brand Road. and there is apond in the general openspace area proposed. t0° ton' I contains 29 lots. Ms. Wanner said the applicant considers this option their Conservation Design option. It includes 8.4 acres of openspace, which is approximately 45 percent of the total ama AR lots are adjacent to the openspam There is a narrow fret preservation aura located behind the lots and they do cot mat the subdivision diversity regulations or the 200 -foot setback. Oo ioa 2 is entitled Conventional Development Ms. Wander said it has typical lot widths, which match those in the adjacent subdivision (approximately 80 fat). Ms. Warmer said it meets the Subdivision Diversity Code. A nn-dishub area could be located behind the lots to preserve the trees, which are significant. Ms. Warmer said this layout is slightly deferent than Option 1 in that it shows two lots with a shared drive access from the proposed cul- de-sac mad. She said those lots would face Brand Road and then have access from the frontage road. Most of the home pads will be located outside the 200 -1cot setback, except one. Qption L is considered Combination Development. It provides 3.7 acres of openspam located towards Brand Road and meets the Subdivision Diversity Regulations for setbacks and lot depth, 08- 030Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning Commission Names — June 10, 2004 Page 4 but not lot width. Me, Wan= said the lots ware all basically 90 feet in width, paralleling C development to the cuL She said a no-disturb tree preservation, area could be located to the tear of these lots because they mat subdivision diversity regulations for lot dep h. Two lots are ad o=at to the frontage street and would face Brand Road. Ms. Wenner said all an lots ate outside of the 200 -foot sedack W. Warner showed slides of the site. She said structures existed on the site and included a Lome. Thera a a significant tree row directly adjacent to the Wellington sabtl=nom which staff wish= to preserve and possibly put a nadhazub save within the opeoagace. To the west is another signifaat tree stand with mature trees. Ma Waxer said staff fools this area is one of the last tree stands in this general Dublin location. The stub muds at a significant tree row. Ma Warmer said staff is pleased with bow the applicant has progressed with &a process. She and the applicant u looking for criminal feedback to verify if conservation design is wamn[ed on this site, consistent with the Conservation Dew Resolution ordinance. She said each of the plans has dick own mail, but come of tie plans meet all of the Dublin ordinances and mgubm, i that are in plae at this lima. Ms. Wanner said staff recognizes that the subdivision ordaces allows for a variation of lot widths to encourage arol itoclsal diversity. She said side - loaded garages, ate better sited on a 100 -foot lot tva on an Minor lot, and saff would encourage the subdivision diversity tegdaton to stay in place, as well as, the 200 -£loot setback along Brand Road She =id the padded seems to be in line with Code, however, the two lots facing Brand Road could possibly C provide an awkward layout for those property own= in the fishim, She said staff does not believe the site knits itself to a very strict application of the Conservation Resolution and recommends that the uhimste aite plan thither incorporate all the Cod= for setbacks, subdivision diversity, and tree preservation. Ms. Boring said they should be very careful in calling Option 1 conservation, because of the minimum sin of greenspace. She bad difficulty in considering this option for conservation d=igs Mr. Gerber said typcally diving informal reviews the Commission does not permit public participation because of the brevity of the review. However, he agreed the two people who had signal the speaker sheet could provide comments. Entice Mcl. u din, 5151 Brand Road, said he has lived directly across the sheet from this site for 23 years and did not oppose Out development. He commented that rile people developing this have been (mown to do some gat things and some thaz wee not so great Mr. McLoughlin requested that die development teat give an in-depth in the kind and tier of louses built and materials used He said the most important concern he lad was the road tat came out onto Brand Road. He at first, thought it made sense that the in department may need it as an additional entryway into the subdivision. However, he said them was adequate access from the east on the extension of the road and he saw no reason why another road should be brought one C Brand Road to service 29 lots. He said there is plenty of access off Brand Road through the two 0"38Z/PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning Commission Wfmutes — drone 10, 2004 Page 5 existing subdwisiooa. He thought the toad should be made a dad de sac. He said where die C emryway was proposed, them was a very significant bond in Brand Road which might lead to safety problems with traffic. Mr. McLoughlin said the staff report aided on the second pegs that the ul6made rightaf- -way width for Brand Road was 90 feu per the thoroughfare Plan. He reed Bathes fmen the staff report: Additional right -of -way may be required along Brand Road due to the required loft turn lane along Brand Read at the entrance of the project He drought the applicant should make access through the subdivision in the beak and not allow access onto Brand Road. W. Gerber told Mr. McLoughlin if this ease would come back to the Commission for a formal review, he would, as an adjo®g property be notified of subsequent hearings. Frank Pegna ta, 7465 Katesbridge Court, Wellington Place subdivision, concturod wilt Mr. Me[mugh in in the feet that a nice job had been done with the ioital proposals. He also conned that the Commission should consider placing some heavy design restrktions and accountability standards on this development, based on past history with this developer. He commented drat he liked the fad that tree preservation has been a cunaged, especially in the no disnnb arms in Options 2 and 3. He said that was one of the biggest concerns, and obviously, Dublin bas done a great job of preserving noes through history . Mr. Paguta said for the properties in Wellington Place on the south edge, backing up to Brand Road, them was a documented problem where they collaborated with the City and the Wellington Place developer to take care of some drainage problems. He warded to make aura that was considered in this C design Mr. Pagmatta asked that the developer net with the association, possibly even the Brandon Civic Association because many people will be affected Mr. Gerber said if this case goes forward fire surrounding property owners are notified by staff of the date There will be ample opportunity for those concerned to speak at the Commission and City Council meetings. Bret Ingram, 5035 Vail ybridge Drtve, said he understood the concern of the frost commmt Mr. McLmghlin regarding the Brand Road entrance, he had the alternative concern of a Balleybridge Drive entrance in terms of the through traffic. He said his concern was regarding the enhance and the continuation of Valleyl ridge Drive into this new subdivision, Mr logreo said Ibe setback along the adjacent properties was a uran macs concern. They would be concerned about the setback and the disssnce from the property line of the other homes to the other side. Ben W. Hale said he was preset to speak in behalf of the applicant He said they agreed with staff that a lot of progress had been made. He said they still had a tittle work to do. However, he said they agreed with Ms. Boring, that one of the things that the new conservation design resolution required them to do was to do a plan that was in compliance. He said they did net think that was the plan that should occur on this site. C 0"38Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning Commission K'inutes —June 10, 2004 Page 6 Mr. Hale add they also "deed to the Township about the property to ON west in regard to park C " purposes. He said they were tom that the Township was verypedem, and they hoped to own the property to the west eventually. Mr. Hale said these had been discussion whether the stub to the west should be a abed or same tied of walkway. He thought the Towoeldp's position was that the cmtent residents do not want to seii, but sooner or Was the property will come on the market He sdd the a aM thing m do dwm is the wanm4W, as opposed to db nkiog that someone will take mother street over He said they made the walkway wide enough so it an work either way. He said with respect to the two lots facing Brand Road with a shard drives there was sufficient f on er them that both of the lots could have an individual drive because they both have 6ovtage on the toed. He said they thought they could do a joint drive agreement m they could provide joint mdividtml drives to those two Iota. Mr. Hale and they beard the residents about the design, and would address their concerns. He maid would develop houses comparable to theirs. Mr. Sprague asked for staff comments regarding the bead to Bmml Road and the access drive. He wondered if the street could be teaofigmed to save trey and give a continuing vista. Linda Meaay, Link Meoery Design, said she would not say am than two sentences because she thought Ms. Wearer had covered it do Wy and Mr. Hale had most of the other issues. She reminded everyone that there is a single cul-de-sac and the lot depth is about Igo feet, and those to the east of them save about 130 fed in depth. She said there is a lot of opportunity for C preservation on the mar of all lots. Mr. Gerber asked the Commissioners if they thought this was suitable for conservation design. Ms. Boring said she thought they had mentioned that properties under a oartem acreage did not However, she said they are still serving wry much in Dublin to have something diHaont. She thought this was not appropriate. Ms. Boring resulted the 200.400t setback along Brand Road was imperative. Secondly, she thought they needed to get rid of some houses an that they do look IOse something diBaent . Thirdly, she thought the land did not lend itself o housing at all. She thought that was probably a mute point on dart Ma Boring asked what kind of expense would there be to follow the Tree Ordinance. Ms. Wanner said a tree waiver had been discussed. Ma. Boring said she did not see a good example of conservation and did not know what one would be because she was not a phana. Me. Boring thought this was probably too small of a space for conservation design. She said the absoluaes were the 200 -font setback and reducing the number of lots. Mr. Timmerman said he would like to see what it would look like with everything at the conservation design level. He said 200 -foot setback was a given for Brand Road He said he sat at a conservation design meeting for four hours last night and he redly wanted to see it implemented here. This site is almost 19 acres and it had a lot of woods. He said if they had to 08- 038Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin planning and Zoning Commissi Minutes —.lane 10, 2004 Page 7 cut some Iota and ratomfigute a dif grant design that is what it is all about. He wormed to we a C gad effort Mr. Messinco asked if the access onto Brand Road was adevelopm request or staff requirement Barb Cox said not bavimg an access point to Brand Road had mot ben discussed. She said she definitely would want to take it up with the WashiagWa Township Fire Department. The overall layout of the other subdivision had many lots and based on the Fire Code, the mare lots that am accessed fiom a single point, the higher the probability that that there is going to be an acculc t someplace so they cannot get the EMS people in thee. Mt Cox agreed to consider that She said if this comes for rezo they need a MdEic study and part of that will be looking at the sight distances on Brand Road to make sore that is a safe access point W. Sprague said normally he was a big advocate of multiple iegreeas points for EMS, but ones in a while there may be something to counter it or eliminate it Mr. Mnseiaeo asked if it was still an option or a possibility. Ms. Cox said yes, ban Until she spoke with the fire department, looked at the numbers, and checked how many scoessed offthe entry point already to the east of this site, she would not want to go through that exercise. W. Gerber suggested that the temamder of the time be spent offering comments to the applicant. Mr. Messineo asked if Option 2 was compliant with Dublin's haditioual xoaing Code. G Ma. Wanner asked if he was hill l ng about the two side lots fronting Brand Road. Mr. Messineo said yet Ms. Wane said typically, residential lots need about a 60-fom lot width along the rigffi -of -way of a public mad. As shown, she said these lots are between 40 and 50 feet wide, so they do not corojily. Mr. Messinco said Lot 29 was totally within the setback. He said basically, none of these designs really comply, even with the traditional zoning code. Mr_ Berber said the fast question the applicant had was are they looking at a conservation design for this site, or are t hey looking more towards Options 2 or 3 which are name traditional. He said fw many reasons they may not meet the Code. He avid these applicants had been here before and they knew well what they had to do to comply. b1r. Gerber said the applicants were shopping name tonight for a concept that the Commission liked so that they could go beck, design it, and begin the process Mt Reia4 said she was a believer that you could do conservation development on any lot anywhere interesting or uninteresting. She said she believed a conservation development could be done on this site. However, she acknowledged that this was an odd - shaped toy making it difficult to get anything exciting going on it 'Mere are lots of trees. The Commission wants to preserve tors, but also it runs to the difficulty of sighting buildings and streets on the property. Ms. Reiss said she absolutely armed with the other Commissioners that they have to keep the C 20D -foot setback. A couple of lots may have to be lost is order to maintain that 200-foot setback 08-038Z /PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Dublin Planning and Zoning Commission Minutes —Jose 10, 2004 Page 8 Ms Reiss said of the three options, she liked Option 1 best. She had questions who would own C *a apempece. On any of the options, them looked like them would be significant opeospece to bier. She asked if it would be left natural or would it be a manicured situation. She also agreed with W. Zimmerman, she would like to see an option where the, is ashy 50 pin opemyrece to see what it would look Hke. lift. Hale said they were not opposed to that He said the lot Sizes were comparable in width and greeaer m depth. He said they would do some sort of single - family cluster thing where the lots are smaller, it is a differs Lome type, not neeaus rily a different value. He said before they come back to the Commission, they would go to the civic associations with mother design to let them knew the options and express which they would supper Ma Boring reminded the neighborhoods to be concerned what a between them and the other (muse. She said the small let size should net be a major concern to adjacent neighbors. Ms. R®ss also mentioned to the neighbors that a smaller lot size did net mesa that they would have mere houses, it just meant they would be smaller lots. It would be the same number, or possibly fewer boom than what is being shown onight ]silt Reiss believed as many existing trees as losable trey should be preserved. She said she would rather sue a common area owned by the city or homeowner association thin a deep lot She hated to Put nee disturb zones on people's property because then was loss control. She said C by the time you find out someone decided to clear every two on their l it is too lase —the trees those rte. If it is in a common area, there is a better chance of preserving and maim ainieg all Mr. Gelber asked if this site could accommodate conservation design. He said he looked at all dime options and thought now of them wen appealing. He looked for something more creative. He ftaokly, said he would salt over. He Otought the Commission had lames with the saw onto Band Road. Ik said Braid Road was a scenic road and he tbmi& whatever wem in them has to bland in with what is already there now- very sceno, rolling, net intrusive. He said there am very fee mighblehoods behind this He and it looked like they were "o correc Orin Proposal to those neighborhoods, which was good. However, he did not am a lot of diaansim with how it would look with brick on One from and an Brand Road. He said that was something they needed to look at again Mr. Gerber sr mmuss the discussion by staling that the ul timate design should n' conservation design sad anew site Plan should be ceased. incorporate Mr. Hate thanked the Commission for their feedback Mr. Gerber called a short recess. C DO- a38Z/PP /PDP Rezoning/Preliminary Plat /Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road Council Action — Monday, Docernber 15, 2003 Page 3 ANNUAL APPROP TlONS ORDINA E Ordlnartee 138 P diet Establbhtrlg pnatlons Based the 2004 0 e Bud of the State of Oh' , for the Fiscal Yea Ming December 2004. 139 -03 the CLU Indigent Dafepliants, and LOVED 5-0 140-03 the Ctty M tD Enter trlto ntrad far Health rvioes with the only of Health for nd Dedaring an rgency. , BIDS Accep ' g the P Low7INGWIPUBLIC est Bid for the Pro' C SECOND R H" tai 5 ance143 -03 ing Approxi ly 2.834 Acres ted on the North de of Tuller Ro ,200 Fcet East of Tut a Drive, Fro . CC, Community mmerclal Di o: PCD, Planned mmerce Di Be No. 03-14 BC (Formerly ritech) - 4270Tutier oat). ERRED TOP ING & ZONING MMISSION Ordi 144 -03 R ping Approxima 5.092 Acres L on the South S' a of Brand Road, 0 F t East of T Road, From: R , Restricted Subu n Residential D o: PUD, Plan Unit Developm istrict (Case No. 15OZ - Prelbnin Development an - Freshwater F (HumbeW P ) - 0325 Brand ad). REF RED TO PLAN G & ZONING C MISSION it Ordinance 145 -03 Rezoning Approximately 18.4 Acres Located on the North Side of Brand Road, Approximately 700 Feet East of Coffman Road, From: R, Rural and R -1, Restricted Suburban Residential Districts, To: PLR, Planned Low Density Residential District (Case No. 03.153Z - Brand Road Development). REFERRED TO PLANNING & ZONING COMMISSION 08- 0382 /PP /PDP Rezoning/Preliminary Plat/Preliminary Development Plan Wellington Reserve 5144 and 5056 Brand Road