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028-88 Ordinance Amended RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._2_~-:-8_8__5_~~Ilded) Passed____ ___ _n_ m____ _19__ AN ORDINANCE PROVIDING FOR A RECLASSI- FICATION OF ZONING ON 99.179 ACRES OF ANNEXED TERRITORY (RiB, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT, WASHING- TON TOWNSHIP) LOCATED APPROXIMATELY 1600 FEET SOUTH OF SHIER-RINGS ROAD, EXTENDING 1200 FEET WEST OF WILCOX ROAD, AND 1400 FEET EAST OF WILCOX ROAD, TO: PLR, PLANNED LOW DENSITY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 5 of the elected members concurring: Section 1. That the following described real estate (see attached legal description marked Exhibit "A"), situated in the City of Dublin, State of Ohio, is hereby reclassified to PLR, PLANNED LOW DENSITY RESIDENTIAL DISTRICT, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter Eleven of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That this reclassification of zoning is subject to the City Engineer's review and approval of the appropriate sewer and water connec- tions in accord with the City's inducement agreement with Ashland Oil Company and to a payback agreement being executed which is satisfactory to the applicant and to the Director of Law. Section 3. That this reclassification of zoning is subject to certain conditional use restrictions being formally placed on the adjacent parcels as are specifically described in Exhibit "D" with the Director of Law to be responsible to review and approve the means to implement said restrictions. Section 4. That this reclassification of zoning is subject to the applican being bound to a financial commitment of $60,000.00 for certain roadway improvements as are specifically described in Exhibit "D" with the Director of Law to be responsible to secure a suitable letter of credit or other appropriate security to guarantee performance of this condition. Section 5. That it is recognized that this approval constitutes an overridE of the recommendation of the Planning and Zoning Commission, and is based on the new information which has been presented in Exhibit "D" and testimon presented at the Public Hearing and the various readings of this legisla- tion. Section 6. That application, Exhibit "B", including the list of contiguous property owners, and the recommendation of the Planning and Zoning Commis- sion, Exhibit "C", a letter from Mr. Ryan dated September 23, 1988, Exhibit "D", are all incorporated in to and made an official part of this Ordinance I and said real estate shall be developed and used in accordance therewith. Section 7. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 3rd day of October , 1988. ~e,~d Attest: J~~.~ Clerk of Council Exh i bit "A" WILCOX ROAD ASSOCIATES DEVELOPMENT PLAN ZON I NG PLAN TEXT The following text and the attached map constitute the Development Plan for rezon i ng of 99.179 acres of land to the Planned Low Densi ty Res i den t i a I classification (Dublin Code 1181.02) . Description of the Appl ication Wilcox Road Associates presently owns 141.374 acres of land front i ng on Wi !cox Road in Dubl in Ohio. The land is I oca ted about midway between Rings and Shier Rings Road and occupies both sides of Wilcox Road. 99.179 acres of this land IS presently in Dubl in and is the subject of this zon i ng action. 17.468 acres IS presently in the process of annexation to Dubl in and al though not yet i nvol ved in this rezon i ng, will be discussed herein as this additional land is part of the comprehens i ve deve I opmen t . Wilcox Road Associates is an Ohio general partnership composed of estab I i shed central Ohio residential developers. DBS Development Company, Inc. , is a Dubl in based deve I oper that is developing about 94 acres of land in i ndustri a I uses to the north of the land subject to this appl ication. Part of this i ndustri a I development is on about 25 acres of land owned by Wilcox Road Assoc i a tes that is deemed more suitable for i ndustri a I development. The above relationships can be summari zed by stating that aoout 210.7 acres of land is being developed, or will be developed when annexation IS complete, in vari ed resi denti a I and i ndustri a I uses involving three separate zon i ng appl ications. Each of these appl ications is In fact being fi led concurrently and are shown on one map. The purpose of the concurrent and incorporated fi ling IS to imp I ement a unified rezon i ng plan In which a large amount of land will be placed in appropri ate zon i ng classifications that interrelate and interface. This ensures that the land i nvol ved is planned as a block, thus ensurl ng compatibility of uses and minimizing conflicts between those uses. Wilcox Road Associates Development Plan Text; Page 2 The Nature of the Planning Cha II enge Unl ike most developing areas of Dubl in which have i nvol ved development in large expanses of open ground or else development fit ted into previousl y planned areas, the planning area bounded by State Route 33/161 on the North, Interstate 270 on the East, Rings Road on the South and Avery Road on the West presents unique challenges. In this area, establ ished and inconsistent uses a I ready exist, and the poten t i a I of the land ranges from i ndustri al to residential. I t was thus necessary to prepare a land use plan that would integrate into this existing situation, and one that i nvol ved multiple land use types. I t is for that reason that Wilcox Road Associates and DBS Development Company, Inc. are work i ng together to jointly develop both i ndustri al and resi dent i al land so that the two classifications could be sucessfu II y integrated. I t must be stated at the outset that these app I i cants, though developing land only in the Ci ty of Dubl in, and subject only to the zon i ng requirements and procedures of that City, have assumed an equal responsi b Ii ty to be responsive to the needs and des ires of landowners In Wash i ngton Township, which has large amounts of land to the south and west. For that reason, appl icants in thei r planning have given equal weight to planning factors existing in each governmenta I jurisdiction. The area descr i bed above encompasses nearl y 1000 acres. The land to the north, along SR 33/161 and Shier Rings Road, is undeniably i ndustri a I in character, though sca t tered res i dences remai n. Part of this land is zoned in the townsh i p, and part in the municipality. To the east, some development has taken place along the frontage of 1-270, but large expanses of "freeway view" land remain undeveloped. Access i b i lit Y , or more accurately, a perception of isolation, account for the nondevelopment of this land. Nonethel ess, there is lit tie quest i on that along 1-270 the land is suitable only for nonresi dent i a I development and tha t the time for development will eventually come. I t is anticipated that so u t h of Rings Road the same si tuation will continue, though an i ndustri a I /commerci al /mu It i fami I y incursion runn i ng to the West will ensue if an interchange is placed at 1-270 and Tuttle Road. However, much of the southern port i on of the area along Rings Road Wilcox Road Assoc i a tes Development Plan Text; Page 3 presently borders established and desirable large lot res i den t i a I areas, and in the planning area i tsel f, resi dent i a I development stretches northward from Rings Road on both sides of Wilcox Road. To the West, sca t tered i ndustri a I loffi ce development exists along both sides of Avery Road, though residences, and at least one subdivision, are also present. As the area develops, Avery Road, as a major artery, can be expected to have a heavy traffi c load, and the non resi dent i a I deve I opmen t potential of the road will increase. To summar; ze then, the area is characteri zed by i ndustri al on the north and east, resi dent i al on the south except for a "freewa y view" bel t along Rings Road West from 1-270, and commerci a Iii ndustri al loffi ce on the west, though resi dent i a I uses may well continue to coe xis t wi th those other uses. The planning challenge was thus to design a plan that will eventually fi II up the presently vacant center of the quadrant with land uses that would be consistent and compa t i b I e wi th the existing and anticipated potential of the exterior bel t of the quadrant. Basicall y, there are only two planning approaches that were possi b Ie. One was to fi II the en tire quadrant with i ndustri a I development. The secon d was to develop part of the quadrant as industrial and part as residential. The i ndustri a I op t i on obviousl y crea tes confl i cts with the existing res i den t i a I uses. Further, the large amount of i ndustri a I land that would be made avai lable, nearl y 1,000 acres, would resu It in an oversupp I y of i ndustri a I land. To market that much land industrially, i t was ant i c i p a ted t hat a massive i ndustri a I park cen tered in this quadrant would be necessary, and it would necessari I y i nvol ve offensive general i ndustri al uses such as truck term i na I s and heavy j ndustry. The second opt ion, a sp lit resi dent i a I Ii ndustri a I opt ion, would st ill provide a substant i a I amount of i ndustri al development to the area but could be absorbed wi th existing local types of i ndustri a I demand which are typically high quality, reasonab I y attract i ve and j noffens i ve to the commun i ty. Further, a concurrent development of i ndustri a I and res; dent i al land would allow the transition from i ndustri a I to res i den t i a I Wi Icox Road Associates Development Plan Text; Page 4 to be made as part of the development so that new i ndustri a I deve I opmen t would not coil ide wi th estab I i shed residential development. Normall y, i t would be desirable to divide such diverse land uses as i ndustri a I and resi dent i al by physical features such as large roads, w a tercou rses, rai I roads, etc. No such features exist in this area however. This zon i ng appl ication and the two concurrent i ndustri a I appl ications discussed above contemplate that by developing the cont i guous resi dent i a I and i ndustri a I land at the same time the transition between the uses can be successfu II y completed through planning devices. On the residential side these devices will include larger rear yards and the maximum use of parkland, bicycle paths and roadways to separa te the uses. A greenbel t is anticipated, including both I andscap i ng and mounding at the transition line. The i ndustri a I development text will contain I imitations allowing the adjoi n i ng i ndustri a I development to harmon i ze with the resi dent i a I development. Perhaps most importantly, purchasers of land in each development will take tit I e wi th the fu II know I edge of the sort of uses that will be borderi ng their property. The rezon i ng appl icants herein, in order to preserve thei r econom i c prospects, have the obv i ous incentive of ensuri ng that the value of both the i ndustri a I and residential property is not diminished by allowing confl icts bet ween or incompatibi I ity of the two uses. The rezon i ng appl ications here concerned do not, of course, "fi II up" this en tire quadrant. However, they are the first step in a unified plan tha t can, if carri ed through on future development, resu It in development of this quadrant in a manner consistent and compa t i b I e wi th the development that is both presently existing and contemplated. FACTORS INFLUENCING THE POINT OF DIVISION BETWEEN THE INDUSTRIAL AND RESIDENTIAL USES A major new road system. The fi rst major planning factor con temp I a ted was the f u t u re highway system for the area. Two needs were present. The i mmed i ate one was to provide for a road system serv i ng the Wi Icox Road Associates Development Plan Text; Page 5 quadrant, if future deve I opmen t on adjoi n i ng requ ired, and by so doing, remove the perception of isolation presently existing in this area. The second need, a future need, was to provide the potential for eventual access to future freeway interchanges expected to the south. There IS present I y discussion of an interchange at Tuttle Road, but there has been long term planning for an interchange at Hayden Run Road. Neither of these interchanges are near in time and indeed each at this poi nt must be viewed as no more than poss i b i lit i es. The Tuttle Road interchange st ill lacks crucial federa I approva I whi Ie the Hayden Run Road interchange was not forecast before the year 2000 prior to attention being focused on Tuttle Road. Desp i te the fact that these interchanges are not dominant planning factors, they must be considered for Dubl in will, in the years ahead, need as much freeway access as possible. Appl icants thus envisioned a roadway parallel ing 1-270 and eventual I y stretch i ng south to Hill i ard I s road system. This roadway is alligned wi th the planned traffi c network i ncl uded in the Tuttle Road interchange plans, but i t would also work for a Hayden Run Road interchange. By using Shier Rings Road as the connection to Avery Road, an existing major intersection is uti I ized. Further, the road all ignment also leaves open the poss i b i lit y of a Coffman Road extention reach i ng over State Rou te 33/161, a frequent I y d i scu ssed Dubl in highway improvement which could give needed access out of the Hemmingway and Earl i ngton area. More importantly for existing considerations, this roadway once comp I eted to Rings Road would provide easy access and visibility to the freewayview land at the east side of this quadrant, thus stimulating development that is highly desirable for Dublin's econom i c and tax base. I t would also provide an a I terna te route to Indian Run and Muirfield, allowing northbound motori sts using Frantz Road to efficiently bypass the Frantz Road/SR 161 bot t I eneck. I t must be emphasized at this poi nt that the appl icants herein, and other landowners in this area, do not contemplate the Tuttle Road Wilcox Road Assoc i a tes Development Plan Text; Page 6 interchange as affect i ng i ntensi ty of development. These landowners are confi dent that this quadrant will successfu II y develop regard less of the fate of the Tuttle Road plan. In ei ther case, con temp I a ted development along this new road is forecasted to be appropri ate i ndustri a I classifications. I ntensi ty will be determ i ned by zon i ng code development standards. The higher traffic rates which could accompany a freeway in terchan ge would upgrade the quality, but not the intensity, of these uses. In a nutshell, this new road is expected to be much on the same order as Frantz Road. Existing Development The southern I imi t of presently zoned i ndustri a I land to the west of Wi !cox Road In this quadrant was an obvious general limitation on the northward reach of resi dent i a! deve I opmen t . To the east of Wilcox Road, the proposed residential development reaches slightly farther north in order to uti I ize the smaller east/west roadway as a buffer and transition. The transition to the east was determ i ned I argel y by the fact that non res i den t i a I land uses were contemplated along the major north/south road. Further, the large Dubl in Investment Company (Ruscilli) tract IS strong I y con temp I a ted by its ow ners as being nonresidential, possibly a high tech park. The use of the tree mass as a park buffer along this line and the eastward extent of existing resi dent i a I lots to the south of the appl icants res i den t i a I land was an additioral factor. The transition to the south was dictated by existing residential uses. To the west, the Church should provide a strong res i den t i a I bulwark, preserving res i den t i a I uses along Rings Road. The eastern side of the southern boundary IS not presently dictated by existing factors, and f u t u re planning will be necessary to effectuate a transition here. The transition to the west is presently conceptua I. I t is anticipated tha t non res i den t i a I uses along Avery Road will be single depth of about 500 feet. Commerc i a I use, particularly at intersections, is a poss i b i lit Y . Residential development may well also access onto Avery. I t can most safely be sta ted that nonresidential development will occur along Avery Road from Rings to Shier Rings. App I i cants con temp I ate that res i den t i a I Wi Icox Road Assoc i a tes Development Plan Text; Page 7 will exi st beh in d this frontage, using the same bufferi ng techn i ques as on the east side. In fact it is likely that purchasers of tracts accessi ng Avery Road will des ire concurrent development of both the Avery Road non res i den t i a I interior res i den t i a I areas. The resu It of the above discussion IS a "core" of residential use located wi thin the surround i ng nonresidential development. This concept is i ncl uded In the draft of the Dubl in Community Plan and successfu II y inte grates and enhances existing res i dences in the area. The core will begin wi th a substantial development, under this appl ication, of nearl y 400 houses. Bui Id out poten t i a I of this core could approach 1,000 homes, though more likely about 800. Appl icants subm it that this size area is full y large enough to be self sustaining, and liken i t to the Waterford Vi Ilage area in the respect that it is a residential area substantially bordered by non resi dent i a I uses. SPECIFIC DEVELOPMENT PLAN CONTENTS AS DISCUSSED IN Dubl in Code 11 81 .02 ( b ) ( 2 ) A. The proposed location and size of areas of residential use, in d i ca tin g dwell ing un it densities, dwell ing un it types, the total number of dwelling un i t types, the total number of dwelling uni ts for each density area and the total number of dwell ing un i ts proposed in the development plan. The map attached to this app Ii ca t i on shows the extent of each area of res i den t i a I use and the densi ties, cal cu I a ted in accord wi th the PLDR formula. Gross densities are also i ndi ca ted for reference to other developments. All dwell ing un i ts are single fami Iy residential, and lot size ranges from 50 to 65 foot frontage. A discussion of the factors influencing lot Wi Icox Road Associates Development Plan Text; Page 8 size is in order. Appl icants fel t that the core of the planning area was undeniably residential. However, appl icants also fel t that there were def in i te econom i c limitations to the price of homes to be sold in the area. Put simply, the area south of State Rou te 33/161 is not genera II y perceived as being as res i den t i a II y expensive as areas in North Dubl in. The necessi ty of transition from the i ndustri a I areas was also a factor limiting eventual sales price. On the other hand, it was dec i ded that as the res i den t i a I area moved west and south, a potential for higher pri ces existed, with the expectation that homes could eventual I y sell along the southern boundary of the quadrant (outside of the area of this appl ication) in the $175,000 and up range. Homes along Wilcox north from Rings and along Rings Road have already sold in this range. Appl icant accordingly de term i ned that it could market its Beasley Homes line in the resi dent i al land on the east side of Wilcox, and could market its Domi n ion Homes line on the West side of Wilcox. The anticipated range of the Beasley Homes would be $80,000 to $125,000 and the Dominion Homes from $110,000 to $150,000, though the upper I imi t on the Dominion line could be higher if market demands. All lots on the west side of Wilcox were thus determ i ned to be at least 65 feet in frontage, in order to provide appropriate lot frontage for the anticipated larger and more expensive homes. The lot size east of Wilcox was de term i ned to be 19% 50 foot frontage and 81% 60 foot frontage. The reason for this determ i na t i on is that appl icant' s discussions wi th community leaders, including pol i tical, business and resident showed there was a stong need in the commun i ty for more affordab I e housing. The existing resi dent i a I developments In Dubl in draw a high lower I imi t on the price of admission to the ci ty. That price serves as a bar to many peop I e who dai Iy work here and serve the ci ty, but have no right to live here and vote regarding the town 's future. By utilizing smaller lots, a lower cost range of hous i ng could be offered. Housing In this pri ce range is very sensitive to the componen t of the purchase price assoc i a ted with land cost. Appl icants commi t to the set percentage of 50 foot lots to ensure that Wilcox Road Associates Deve I opmen t Plan Text; Page 9 a certain port i on of the homes in this area will be of the I owes t possible cost; market trends in Dubl in otherw i se would indicate purchasers will opt for predominantly higher priced homes. Appl icants fully intend to preserve the highest quality possible on both si des of Wilcox Road. Strong deed restrictions will be implemented, requiring fu II two car garages and dri veways on all homes, prohibiting fences, satellite dishes, antennas, outside clothesl ines, park i ng of recrea t i ona I vehicles, etc. Addditionally, arch i tectura I control will be utilized, limiting building types to accepted designs and limiting the cho ice of exterior colors. Deed restrictions will be recorded prior to the fi ling of the pi at. Staggered building setbacks will be used where appropri ate. Total minimum sideyard depth ( both sides comb i ned ) will be 10 feet for 50 foot lots and 12 feet for 60 foot and higher lots. B. The proposed size, location and use of nonresi dent i a I portions of the tract, including usab I e open areas, parks, playgrounds, school si tes and other areas and spaces wi th the suggested ownersh i p of such areas and spaces. The location and size of the park I and is shown on the attached map, as are the bikeways. Ownersh i p of all bikeways and park I and will vest in the City of Dubl in upon the fi ling of the plat. C. The proposed provision of water, san i tary sewer and surface dra i nage facilities, including engineering feasibility studies or other evidence of reasonab I eness. Waterlines are presently accessible on Shier Rings Road along the northern Wilcox Road Associates Development ?Ian Text; Page 10 part of the i ndustri a I development. However, additional access to the high pressure water line running along Post Road may be necessary. This can be done by extending a line under State Rou te 33/161 along the right of way of Wi Icox Road. I t may also be preferab I e to join wi th other deve I opers presently planning to obtain access to the Post Road wa ter line along the Avery Road right of way. This later op t ion would be more economi ca II y desirable for appl icants, as well as other landowners in the area, as costs could be shared. San i tary sewer access will be obtained by access in g the Cosgray Di tch 21" sewer trunk presentl y I oca ted just to the east of applicant's property. Appl icant has obtained the appropri ate easements. The bulk of appl icants proposed resi dent i a I development is presen t I y I oca ted in the Cramer Ditch tri butary. The municipality has previously studied applicants' des ire to access this trunk (Cosgray Ditch) and has issued perm i ss i on to serve all residential land i ncl uded in this appl ication. A copy of the letter from the municipal eng i neer is attached as Exh i bit "0" . The approved access is at this point temporary access, al though the municipality will dec ide at the time of sewer design if the tri butary area for the Cosgray Di tch sewer should be permanently changed to i ncl ude applicant's land as well as other land encompass i ng about 350 acres. If the permanent change of the tri butary area is not dec i ded on, the municipal ity will dec ide at the time the Cramer Ditch sewer trunk is extended westward whether appl icant 's san i tary sewer outflow should stay In the Cosgray Ditch trunk or be transferred to the Cramer Di tch trunk. That op t i on gives the municpal ity the choice of diverting the flow to whichever trunk it desi res. Appl icant will construct the sewer outflow point In such a way that the flow from the 68 acres concerned can be diverted into e it her trunk line. The area shown on the enclosed map as "Woodi n" compri si ng about 17.4 acres has not presently been approved for temporary or permanent inclusion into the Cosgray Di tch sewer. Appl icants propose to include this land in the Cosgray Di tch sewer along wi th the balance of the 68 acres on the rationale that the treed area, using no sewer serv ices, IS being Wi !cox Road Associates Development Plan Text; Page 11 ded i ca ted as park I and. The treed area is desirable for the use of the commun i ty. If appl icant does not have the option of san i tary service to the Wood in tract then that land will have to be ded i ca ted as park I and. Surface dra i nage will be provided in accordance wi th Dubl in Code requirements and approved by the municipal engineer. Surface dra i nage occurs through both the Cosgray Ditch on the North and Cramer Di tch on the South. D. The proposed traffi c ci rcu I at ion pa tterns, including publ ic and private streets, park i ng areas, walks and other accessways, indicating their re I at ins hip to topography, existing streets or show i ng other evidence of reasonab I eness. Planned streets and traffic circulation are shown on the attached map. It IS anticipated that Wilcox Road will be the prime means of access to the resi dent i al development, though access will eventual I y occur off of the new north/south Road parallel ing Interstate 270 and, possibly, in the future Avery Road. As there is presently virtually no development in the area, Wilcox Road is mininally uti I i zed. Wi !cox Road will be improved with curbs and gutters wi thi n applicants' res i den t i a I development area, and has been interrupted to enhance its res i den t i a I character and discourage through traffi c. As the terrain is re I at i vel y fl at, topography is not a f ac tor. c The proposed schedu I e of si te '- . development, construct i on of structures and associated faci I ities, including sketches and other materials indicating des i gn principles and concepts to be followed In si te development, construct ion, landscaping, and other Wi Icox Road Associates Development Plan Text; Page 12 features. Such schedu Ie shall i ncl ude the proposed use or reuse of existing fea tures such as topography, structures, streets and easemen ts. Appl icants propose to begin development of the resi dent i a I areas on both sides of Wilcox Road s i m u I tan eo us I y . Housing designs shall be conventional single fami Iy homes of various sizes ranging from 1040 square feet to about 2250 square feet. All homes will have at least three bedrooms. Landscap i ng will be in accord wi th Dubl in Codes. Bufferi ng details between adjoi n i ng i ndustri a I land will be i ncl uded on the plat, and will agreed upon as part of this rezon i ng. The terrain is re I at i vel y fl at and featureless, so no particular design concepts are appropri ate except as indicated by the layouts on the attached map. Appl icants do propose to retain as park I and the existing wooded area in its en t i ret y . Once acquiring tit I e as parkland, the municipality can then decide on park development. No other features are to be reused. F. The relationship of the proposed development to existing and f u t u re land use in the surround area, the street system, comun i ty facilities, services and other publ ic improvements. The relationship of this, and the contiguous i ndustri al land being rezoned, to surroundi ng land uses and streets, was di scussed above. The land concerned in this appl ication is bascially in its rural state and holds rural/residential zon i ng from the townsh i p. Zon i ng classifications of adjoi n i ng land are shown on the attached map. The fi re station is I oca ted about 1/4 mile from this development on Shier Rings Road. Pol ice service is current I y avai lable as much of the adjoi n i ng land IS In the municipality. Access to shopp i ng and Wilcox Road Assoc i a tes Development Plan Text; Page 13 recrea t i ona I ac t i vi ties in the ba lance of the municipality is quickly available along either Rings Road or via State Rou te 33/161. The convenient access of this area to the rest of Dubl in IS demonstrated by the I oca t ion of the tow n I s sole fire station in this area. G. Evidence that the appl icant has sufficient control over the land to effectuate the proposed development plan. Evidence of control i ncl udes property ri ghts and the engineering feasibi I ity data which may be necessary. Appl icants own all of the land proposed for resi dent i a I zon i ng outri ght, wi th the exception of the small ( less than 1 acre) parcel I oca ted at the extreme northern port ion of the resi dent i a I area, on the east side of Wilcox Road. This land IS controlled by DBS Development Inc. and is owned by Harol d Stauch, who has signed the rezon I ng appl ication here concerned. Assuming access to the Cosgray Ditch 21" sewer trunk, the fl at terrain poses no unusua I prob I ems of access. Waterline access over ei ther of the two options previously discussed is also routine, but will requ i re municipal perm i ss i on to lay water lines in the right of way. RECEIVED VILLAGE OF DUBLIN PLANNING AND ZONING EEi1M~_ .a.'_~_'_______ _ --- .---.-.------..------------.... ---.--- ! Fo r ~nY UEQUWJNnl y AN APPLICATION FOR AMENDMENT I I OF THE VILLAGE OF DUBLIN I Application No. : ZONING DISTIUCT MAP IZM (Reclas sification of Land) Date Filed: Fee Receipt No. Received by: ----- Please type or prir.t information - Use additional sheets as necessary ----- TO THE HONORABLE PLANNING AND ZONING COMMISSION: The ft,pplicant, Wi Icox Road Associates and Harold Stauch , - Being the owner (s), /lessee (s) of property located within the area proposed for reclas sification of landl special use 0 r deve lopment, requests that the following described land to be placed in the - Planned Low Densi ty Residential D i s t r i c t (Dub I i n code Section 1181.02). Special District (s). A. DESCRlPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the following: ) a. Lot{s)1 Reserve (s) of , a recorded plat, with an area of Ac re s I Square feet. b. Beginning at a point along (street or other) and being feet in a N SEW (circle - direction from the (specify) of (street or other), and thence having a dimension of from the (specify) of (street or other), and having an area of c. The tract of land containing 99.179 Acres and bounded by: see attached map and I ega I (specify) on the N SEW (circle) des c rip t I on s . Land IS f 0 ca t ed on both sides of Wi I cox Road (specify) on the N SEW (circle) bctwe:.cl. Ri119::> dl,J Sf lie r R i n 9 s Roads. (specify) on the N SEW (circle) (specify) on the N W E W (circle) d. Attached legal description: YES x NO Ex h i bit 'e" Page 1 of 3 . Page 2 of ZM Map of proposed Zoning District boundaries: Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of not less than 8- 1/2 x 11 inches and not more than 16 x 20 inches). The map shall be identified and submitted in addition to the General Description of Land. The map shall include all land in the proposed change and all land within five hundred (500) feet beyond the limits of the proposed change. To be shown on the map - all property lines, street right of way, easements and other information related to the location of the proposed boundaries and shall be fully dimensioned. The map shall show the existing and proposed Zoning District or Special District Boundaries. List all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS see at t ached exh i bit "B" B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND. 1. Proposed Use or Development of the Land: P I ann ed res i den t i a I area. PLANNED DEV ELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of three (3) copies of a Development Plan and other documents and two (2) copies shall be retained as a permanent public record if approved. For other Zoning Districts, such plans or other exhibits would be helpful to the review of this application. Plans and Exhibits submitted: Plot Plan..2S-; Building Plan_; Development Plan2-; Sketch_; Photographs_ ; Otl:1er text (specify) 2. State briefly how the proposed zoning and development relates to the existing and probable future land use character of the vicinity. see at tached t ex t "A" Page 2 of 3 page s . Page 3 of ZM 3. Has an application for rezoning of the property been denied by the Village Council within the last two (2) years? YES NO. x If Yes, state the basis of reconsideration. C. AFFIDAV IT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building Inspector to insure completene s s and accuracy. APPLICANT'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I (WE) Wi I cox Road Associates and Harold Stauch and Jeanette Stauch being duly sworn, depose and say that I am/we are the owner (s)/lessee (s) of land included in the application and that the foregoing statement herein con- tained and attached, and information or attached exhibits thoroughly to the best of my/our ability present the arguments in behalf of the application here- with submitted and that the statements and attached exhibits above referred to are in all respects true and correct to the best or my/our knowledge and belief. L ~ Wi I cox Road Assoc i at es, an Oh i 0 -::f' (- .,J General Partnership by. the Borror ?,~,~ ~ .". <f~ Corpo atlon, Its managing partner/ (' t ) Slgna ure by ~ c/o Chri stopher T. CI ine At torney at Law J.T Wesa 01 i~c Street, Dubl in, (malwg a dress Ohio 4301~ Phone: 614-766-0425 Subscribed and sworn to before me , 19~. Person to be contacted for details, if other than Christopher T. Cline, Attorney 37 West Bridge St, Dublin OH 43017 (name) (address) (telephone) 614-766-0425 -----------------------_________DO NOT WRlTE BELOW THIS LINE-------------- D. RECORD OF ACTION 1. Withdrawn Held to (date) (date) 2. P & ZC: Date of Hearing Approved ; Disapproved Modified 3. Village Council: !late of Hearing Approved ; Disapproved Modifie d Page 3 of 3 pages . , . The applicant/owner hereby acknowledges that approval of (his) (her) (its) request for PLDR by the Dublin Planning and Zoning Commission and/or Dublin Village Council does not constitute a guarantee or binding commitment that the Village of Dublin will be able to provide essential services such as water and sewer facilities whe~ ~eeded by said applicant. The Village of Dublin will make every effort to have these services available as needed. However, the rapid growth of the Village of Dublin a~d Northwest ?ranklin County has stretched the Village's capacity to provide these services to the limit. As such, the Village of Dublin may be unable to make all or part of said facilities ava:.lable to the applican-:: u!1t:il some future date. The undersigned hereby acknowledges and understands the foregoing. ;-J3-ffr- r r:-. </i <-_.I DATE Si nature of Applicant or authorized i)~ A~ representative thereof. Douglas G. Borror, ? res i denOn behalf of: of the Borror Corporation as r.la n a ~J i ;! ~J P 3. r' t n '? :~ of '.':i I cox Road Associates, an Oil i 0 Cenera I Partnershi~PLICANT . Exhibit "B" Wilcox Road Associates List of Property owners adjoining H. E. & Jeanette. Stauch Roger V. & Joyce D. Cramer 6182 Wilcox Road Dublin, Ohio 43017 5700 Wilcox Road Dublin, Ohio 43017 Dubl in I nvestment Company c/o Rusci II i I nvestment Company Lawrence & Louise Mock 2041 Arl ingate lane 5722 Wi Icox Road Col umbus, Ohio 43228 Dublin, Ohio 43017 Donald S. & Betty M. Dearth l. J. & M. A. Mock 4290 Ingham Avenue 5732 Wilcox Road Col umbus, Ohio 43214 Dublin, Ohio 43017 D & D Investments Wm. L. Delay 4290 I ngham Avenue 5738 Wi I cox Road Col umbus, Ohio 43214 Dublin, Oh io 43017 Alvin W. Rings Victor E. & Rose Delay 6600 Shier Rings Road 5744 Wi Icox Road Amlin, Ohio 43002 Dublin, Ohio 43017 Joseph and Venus Bee James E. & T. A. Sheets 5784 Avery Road 5750 Wilcox Road Amlin, Ohio 43002 Dubl in, Ohio 43017 R.E. & l.M. Hi ggans 5867 Wilcox Road Dublin, Ohio 43017 Frank G. & Ruth E. Woodin 5781 Wi I cox Road Dubl in, Ohio 43017 Mid States Development Corp 104 Brown i ng Court Dublin, Ohio 43017 Avery Road Limi ted 5720 Avery Road Amlin, Ohio 43002 Schol z, Inc. 88 Corbins Mi II Dublin, Ohio 43017 Exh i bit 'e" DESCRIPTION OF 99.180 ACRES SINGLE FAMILY ZONING Situate in the State of Ohio, County of Franklin, City of Dublin, being in Virginia Military Survey Numbers 3004 and 3011, and being all of the 40.46 acre tract (FIRST TRACT), the 9 acre tract (SECOND TRACT) and the 28.139 acre tract (THIRD TRACT) of record in O.R. 7892C06 and part of the 28 acre tract (Track No. 1) of record in Deed Book 3583, page 454 and part of the 63.297 acre tract (Tax Map) of record in Deed Book 2242, page 480, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at a point in the centerline of Wilcox Road at a common corner to the said 28.139 acre tract (THIRD TRACT) and the 1.428 acre tract conveyed to R. E. and L. M. Higgins by deed of record in Deed Book 1985, page 498; Thence S 840 05' 17" W, a distance of 1155.26 along the southerly line of the said 28.139 acre tract (THIRD TRACT) to a point at the southwesterly corner of said (THIRD TRACT); Thence N 50 10' 23" W, a distance of 1068.76 feet, along the westerly line of said (THIRD TRACT) to a point at the northwesterly corner of said (THIRD TRACT); Thence N 840 49' 16" E, a distance of 1154.55 feet, along the northerly line of the said (THIRD TRACT) to a point in the centerline of Wilcox Road at the northeasterly corner of said (THIRD TRACT), said point also being in the westerly line of the said 28 acre tract of record in Deed Book 3583, page 454; , Thence N 50 55' 23" W, a distance of 550.00 feet, along the centerline of Wilcox Road and the westerly line of said 28 acre tract to a point; Thence the following five (5) courses and distances across the said 28 acre tract and 63.297 acre tract (Tax Map): (1) Thence N 8{+ 0 04' 37" E, a distance of 437.08 feet, to a point of curvature; (2) Thence along a curve to the left having a radius of 1400.00 feet, a central angle of 250 54' 42" the chord to which bears N 7P 07' IS" E, a chord distance of 627.76 feet, to a point of curvature; (3 ) Thence S 310 50/ 06" E a distanCE of 23.29 feet, to a point; , (4) Thence S 400 40' 43" E, a distance of 524.31 feet, to a point; (5) Thence S 50 46' 34" E, a distance of 470.00 feet, to a point in the southerly line of the said 28 acre tract said point also being at the northeasterly corner of the said 9 acre tract ( SECOND TRACT) ; Thence S 50 46 ' 34" E, a distance of 1584.73 feet, along the easterly line of the said 9 acre tract (SECOND TRACT) to a point at the southeasterly corner of the said 9 acre tract (SECOND TRACT); Thence N 870 55' 28" W, a distance of 1381.87 feet, along the southerly line of said 9 acre tract ( SECOND TRACT) and 40.46 acre tract (FIRST TRACT) to a point in the centerline of Wilcox Road at the southwesterly corner of said 40.46 acre tract (FIRST TRACT); Thence N 50 39/ 54" P a distance or 569.52 feet, along the centerline . , of Wilcox Road and the \\'2sterly line of the said 40.46 acre tract (FIRST . TRACT) the point of beginning containing 99.180 or less, and to acres, more being s~)ject to all easements and restrictions of record. R. D. ZANDE & ASSOCIATES, LIMITED I..,WP;clb ? D Z T" ..L - ~ 3 ~ .' ?eb=uary ~ 6 . 1988 C8413S'.Z -, 9.~ ---- I~\ [)lr~~~ c/~,~ Exh i bit "0" ~7~/ . /,ft /~C // = I"~ C/11! e 6665 Cofffllcl11 Road Dublin. Ohio 4,3017 ^IHi I 16, 1987 . Richard D. Zande H . IJ . Zande & Associates, Ltd. 123 7 Du b 1 in Roa d Columbus, Ohio 43215 Dear Mr. Zande: Reference is made to your letter dated March 16, 1987 regarding the Wilcox Road sanitary service. He have reviewed your proposal to provide temporary service to 68~ acres (see attached map) thru lhe Cosgray Ditch trunk seHer. This proposal is satisfactory with the following conditions: 1. The cosgray Ditch trunk sewer shall be extended to Wilcox Road in conjunction with servicing the 68: acres. 2. Prior to your design, a determination by the Village of Dublin will be made as to whether o~ not the entire 350~ acres should be premanently added to the Cosgray Ditch - system. If so, the line servicing the 68~ acres shall be sized to adequately handle the larger area. If there are further questions, please call. Sincerely, vi: F!::~ Acting Village Engineer JFO:pah . The below des c rip t i on is for the Exh i bit "E" "Woodin" t ra c t , not at t his time DESCRIPTION 'OFP~ r t of the app I i ca t i on as i t pend i ng annexa t i on 17.468 ACRES IS WILCOX ROAD Situate in the S ta te of Ohio, County of Franklin, Township of Washington, being in Virginia Military Survey Number 3004 and being part of the 20.822 acre tract conveyed to Frank G. and Ruth E. Woodin by deed of record in Deed Volume " 2728, Page 307, records of the Recorder's Office Franklin County, Ohio and being more particularly described 2S follows; Beginning for reference at a railroad spike in the centerline of \Jilcox Road at a common corner of an 1.6.28 acre tract conveyed to Ray Edward and Leah Mae Higgins by deed of record in Deed Vo}.ume 19&5, Page 498 and the tract of land (THIRD TRt\CT) conveyed to Robert N. Burroughs ",,1d Alice B. Huffman, Trustees by deed of record in a.R. 7892C06; Thence S 50 39' 54" E a distance of 55:5.83 feet (passing a railroad spike at a distance of 188.83 feet) along the centerline of \Jilcox Road and the easterly lines of said 1. 428 and 20.82~ acre tracts to a railroad spike being the point of true beginning for the herein described tract; Thence S 50 39' 54" E a dist:ance of 544. 72 feet continuing along the center- line of wilcox Road and the easterly line of said 20.822 acres to a railroad spike at a common corner of said 20.822 acre tract and an 29 acre tract (SECOND PARCEL) conveyed to Lionel L. J. wilson by deed of record in O.R. 6682103 ; Thence S 840 48 ' 41" W a distance of 886.84 feet (passing a wooden fence post at 27.2 feet) along the common line of said 20.822 and 29 acre tracts to an axel found at a common corner of said 20.822 acre tract and an 26.384 acre tract con- veyed to Hid-States Development Company by deed of record in a.R. 8105J05; Thence N 50 36' 42" W a distance of 795.25 feet along the co~~on line of said 20.822 and 26.384 acre tracts to an iron pin at a common corner of said 26.384 acre tract and an 9.828 acre tract conveyed to Joseph A. and Venus H. Bee by deed of record in Deed Volume 3183, Page 279 ; Thence N 50 36' 42" W a distance of 292.12 feet along the common line of said 20.822 and 9.828 acre tracts to a point in a southerly line of said THIRD TR..'\CT and being a common corner of said 20.822 and 9.828 acre tracts; said corner being located 0.35 feet east an~ 0.11 feet north of a iron pin found; Thence N 840 05' 18" E a distance of 498.60 feet along the common line of said 20.8n acre tract and Sii id THIRD TRACT to an iron rin at a CO:::;:10n cornl~r of said 20.822 and 1. 428 acre treeLs; Thence S 30 47' 22" E a distance of 495.62 feet (passing an iron pin at 143.40 feet) along a COlEman line of said 20.822 and 1.428 acre tracts (and its southerly extension) to an iron piE; Thence S 8r 47 ' 22" F- a distance of L,07.29 feet across said 20.822 acre tract to the point of true beginning, C'.ontaining 17.468 acres, more or less, and being subject to all easements, re~trictions and right-of-way of record. ZANDE & ASSOCIATES, LIMITED ~\II1Jn.u...,..... 0 ~;,'>\' t.-.,;:.O r '" I.'i. October 16, 1987 ,,~ ~ '\ .......' 0 ''<. RDZ IN 1911 $' .... .... ~ ":;... , i" ~ ,," LARRY'.." 'l:. SER/klp E<-:>:' W \ 1 CJ~~ -. . 0 _ 1911-17.463 ~ : PENNltHiiON :. ~ ... ..'r . . _ Surveyor No: ~ :. -;> 6096 <::> .: "'" ~ - . ,,,,,, <<....... ';.,,_ U' ....:~ / S \ t. ~.....<<- j "', (/ ,-:............. CJ ..,......... " '. 'T V C ,{ "",., ..............",,' . EXHIBIT nt' Portion of Minutes of P1anning and Zoning Commission Meeting of Ju1y 7, 1988 Rezoning App1ication Z88-006 - Borror Corporation - Heather G1en "Mr. Grace moved to deny the rezoning application for all the reasons enunciated on the record and contained within the Staff Report." Mr. Berlin seconded the motion, and the vote was as follows: Ms. Rausch, yes; Mr. Berlin, yes; Mr. Grace, yes; Mr. Jezerinac, yes. PORTER, WRIGHT, MORRIS Be ARTHUR ATTORNEYS AT LAW 41 SOUTH HIGH STREET. COLUMBUS. OHIO 43215 TELEPHONE: (614) 227-2000 TWX: 810-482-1702 September 23, 1988 Dublin City Council 6665 Coffman Road Dublin, Ohio 43017 Re: Ordinance No. 28-88i zoning Case No. Z-88-006i Wilcox Road Associates, Applicant Dear Council Members: We are submitting this letter on behalf of the Wilcox Road Associates zoning proposal. We will respond to the concerns that you and other members of City Council have raised, and we will offer the following commitments to resolve those concerns. We believe that with these additional commitments, the zoning proposal will gain Council's approval during your October 3, 1988 meeting. We are sending copies of this letter to the Dublin City Attorney and the Dublin Planning and Zoning Staff. We welcome the opportunity to discuss these commitments, as well as our proposal as a whole, with each of you at your convenience. BACKGROUND At the outset, we must advise you of our conviction that our proposal, in its current form, is appropriate and should be approved. It establishes a necessary and appropriate residential tone to the corridor along Wilcox Road south of Shier Rings Road, and does so at a location and at a density which is consistent with the City's draft Master Plan. It provides an effective and workable transition between the existing large lot residences in the Rings Road/Wilcox Road area of Washington Township and the expected and existing light industrial development along Shier Rings Road and I-270. It ensures this transition by providing a range of lot sizes which are smaller to the north and east (adjacent to the Restricted Industrial zoned ground) and larger to the south and west. Dublin City Council September 23, 1988 Page 2 In addition, we propose significant buffering between our intended residential development and the nonresidential uses to the north and east. This buffering includes plantings, mounding and fencing which meets or exceeds Dublin Code requirements, as well as enhanced linear spacing achieved through the arrangement of development features such as the road, bike path, and park. Finally, our proposal recognizes Wilcox Road as a narrow street with low traffic count serving residential uses, and it ensures the preservation of this residential character by breaking up Wilcox Road to discourage it from becoming a route for nonresidential traffic. Many of the reasons why our proposal should be approved were set forth in our September 6, 1988 submittal, and will not be discussed in detail here. We simply feel it necessary to make it very clear that in our view the proposal is sound as it now stands. At the same time, Council has advised of two additional concerns, specifically, the timing of roadway improvements and the transition between our residential uses and the adjacent nonresidential uses. We propose to deal with these two concerns through the commitments we will agree to as set forth below. ROADWAY IMPROVEMENTS The first concern is the timing of offsite roadway improvements. The nature of this concern, as we understand it, is that it is felt that the proposed north-south street to be located east of our development (see attached map) must happen within the next several years if our proposed realignment of Wilcox Road and dedication of Wilcox Road to residential traffic is to work. This road will diminish any potential for mixing residential and nonresidential traffic. For our part, we feel that the currently low traffic counts on Wilcox Road, the likelihood that significant additional industrial development will lag behind residential development, and the facts that the proposed north-south road is included in the City's thoroughfare plan, is projected as part of the Coffman Road extension, is funded in the capital improvements budget for 1990, and in any event is subject to the regulatory control of the City of Dublin, should eliminate this concern. Nevertheless, we are willing to make a financial commitment to share in the cost of relevant roadway improvements. Our proposal is to commit to contribute $60,000 to the construction of the roadway linking Shier Rings Road and Rings Road. The amount of our commitment is based on our engineer's estimate of our portion of the cost of constructing the portion of the roadway improvements located on the site included in the Dublin Building Systems (DBS) rezoning passed earlier this year. A PORTER, WRIGHT. MORRIS &. ARTHUR Dublin City Council September 23, 1988 Page 3 significant portion of this roadway is not required to be constructed at any point in time under current requirements, and accordingly, we will be committing new and additional funds not otherwise required. The committed funds would be expended at the time the roadway is constructed southward to Rings Road. TRANSITIONAL BUFFERING The second area of concern that has been mentioned is with respect to the transition between the residential use we propose and the adjacent nonresidential uses to the north and east. We have already committed to fencing, mounding and planting along all of our site boundaries that abut nonresidential or potential future nonresidential ground. We have also further separated these uses by the location of our street, bike path and park. Moreover, the manner in which the buffering has been accomplished on our site ensures that developers of adjacent nonresidential uses will be required to install buffering treatment on their sites as well, ensuring that residential and nonresidential uses will be "double buffered." However, in order to further soften the transition between our proposed residential use and nearby nonresidential uses, we are able to propose additional restrictions on the adjacent Restricted Industrial ground zoned earlier this year (the DBS site). Accordingly, we propose the following: l. On those lots on the DBS Restricted Industrial site which back up to the proposed residential site (actually which back up to the bike path already buffering the residential site), we will agree that any use to be established shall be treated as a conditional use and subject to the approval of the Board of Zoning Adjustment under Section 1129.05 of the Dublin Zoning Code. The area in which conditional use approval shall be required is identified in yellow on the attached map. 2. We will also commit to increased setbacks between the uses established on the DBS restricted industrial tract and our proposed residential site. PORTER, WRIGHT, MORRIS & ARTHUR Dublin City Council September 23, 1988 Page 4 Type of Setback Proposed Requirement Code Requirement Rear Yard Structures shall be 25 feet not less than 50 feet from rear lot line separating residential and industrial district Parking Setback 30 feet from right-of- 15 feet way of street separating residential and industrial district 45 feet from rear lot line 15 feet separating residential and industrial district Building Setback 40 feet from right-of-way 30 feet line of street separating residential and industrial district The area in which these setbacks apply is identified in blue on the attached map. We are making these extraordinary efforts to convince you of our desire to provide affordable housing to the citizens of Dublin in a well-planned, well-buffered residential development. This letter is being submitted well in advance of Council's next meeting in order to allow for full evaluation of our proposal. In PORTER, WRIGHT, MORRIS & ARTHUR . . Dublin City Council September 23, 1988 Page 5 the event there are any questions or comments, we are available to address them at your convenience. Respectfully submitted, WILCOX ROAD ASSOCIATES By: Robert A. Meyer, Jr. Hon. Michael Close~ Joseph W. Ryan, Jr. cc: David Amorose Joseph Jankowski, Esq. Barbara Maurer, Esq. Jan Rozanski A. C. Strip, Esq. Daniel Sutphen Stephen Smith, Esq. Mitchell Banchefsky, Esq. Patrick Bowman Barbara Clarke 301/1 PORTER. WRIGHT, MORRIS & ARTHUR . --.- ........~'- ,-.. -. . ' . 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