090-90 Ordinance Amended
RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
~_u 4_~dinance No.9Q~90n(_nded) Passed nn n_nnn nnnnnn nnn_19 !
L~c=
I
I AN ORDINANCE PROVIDING FOR A
I CHANGE OF ZONING ON A 24.847
I ACRE TRACT LOCATED AT THE
I SOUTHEAST CORNER OF RINGS
I ROAD AND WILCOX ROAD. TO
BE REZONED FROM: R-1B,
LIMITED SUBURBAN RESIDENTIAL
! DISTRICT (Township Zoning);
TO: PLR, PLANNED LOW DENSITY
RESIDENTIAL DISTRICT
I,
I
I
!
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 6 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 rezoned 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 application, Exhibit "B", including the list of
contiguous property owners, the recommendation of the Planning and
Zoning Commission, Exhibit "C", and the vote and recommendations
of the Dublin City Council, Exhibit "D", are all incorporated in to
and made an official part of this Ordinance and said real estate shall
be developed and used in accordance therewith.
Section 3. That this Ordinance shall take effect and be in force from
and after the earliest period allowed by law.
Passed this 18th day of March , 1991-
Attest:
~II~ ~. ~
-- lerk of Co ncil
t horeby certify th(lf ro"''1~ ,...' ."'. n.-"_~_", h , .' "I wero posted in ';
6ty of Dublin in acw;~'l ,.. .,.~ ~:.:J Revised CoJ:
'J~~~~
'Oerk of Council, Dublin. Ohio
CITY OF DUBLIN PLANNING AND ZONING COMMISSION
AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only
OF THE CITY OF DUBLIN ZONING Application No:
DISTRICT MAP ZM Z?O -a:::n
(Reclassification of Land) Date Filed: ~€\J \set -z./9T
Fee Receipt No. }J .A.
Received by: M. . tt'\ ~ x.e-U
Please type or print information - Use additional sheets as necessary
TO THE HONORABLE PLANNING AND ZONING COMMISSION:
The App licant DAVIDSON PHILLIPS, INC. *
(Have property in contract)
being the owner(s),/lessee(s) of property located within the area proposed for
development , requests that the following
described land to be placed in the Planned Low Density REsidential (Chap 1181.02 of
Dublin Code) District .
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a. Lot(s)/Reserve(s) of
,
a recorded plat, with an area of .
b. Beginning at a point along
(street or other)
and being feet in a N SEW
direction from the (specify) of
(Street or other), and thence having a dimensiol
of from the (specify) of
(street or other), and having an area of
.
c. The tract of land containing 24.847 Acres and bounded by:
Rings Road (specify) on the N SEW (Circle)
Wilcox Road (specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
d. Attached legal description: YES X NO
~'
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* Present property owners:
Robert Barney
Steve Martin
Ruth Long
Page 1 of 3
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~ 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 attached list of property owners.
kTr k+WVle PT-L..-
B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND
1. Proposed Use or Development of the Land: single family residential
subdivision. .
PLANNED DEVELOPMENT 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 X
Plot Plan ~; Building Plan _____; Development Plan text ; Sketch ;
-----
Photographs ----- ; Other (specify)
2. State briefly how the proposed zoning and development relates to the existing
and probably future land use character of the vicinity.
See required item in development plan text for land use iustifications.
Page 2 of 3 pages
3. Has an application for rezoning of the property been denied by the City
Council within the last two (2) years?
YES
NO X
If Yes, state the basis of reconsideration
C. AFFIDAVIT
Before completing this application and executing the following affidavit, it is
recommended that this application be discussed with the Building Inspector to
insure completeness and accuracy. Present owner of property:
APPLICANTS'S AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN,
I ( we) David Ruma
being duly sworn, depose and say that I am/we are the -
. Buyer of 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 contained and attached,
and information or attached exhibits thoroughly to the best of my/our ability present
the arguments in behalf of the application herewith submitted and ,that the statements
and attached exhibits above referred to are in all respects true and correct to the
best of my/our knowledge and belief.
f)~~~-
(signature)
David Ruma
1152 Goodale Boulevard
Columbus, Ohio 43212
(Mailing address)
(614) 297-0404
(Phone)
Subscribed and sworn to before me this 6th day of February 19f11
,
.DW Ie CMI' ~~PU~
..,1':::1.":"......
.......1. _
Person to be contacted for details, if other than above signatory:
(Name (Address) (Telephone)
- - - - - - - - - - - - - - - (Do not wrIte below thIs-lIne)- - - - - - - - - - - - - -
D. RECORD OF ACTION
1. Withdrawn Held to
(Date) (Date)
2. P&Z C: Date of Hearing
Approved Disapproved Modified
3. City Council: Date of Hearing
. --.- , n_! ___.__~_~..y.........1 ...f......,.1 ~ c.:........-1
ROOElVED JAN 07 1991 ,t(,
Davidson Phillips, Inc. 1152 Goodale Blvd.. Columbus, Ohio 43212 Phone (614)297~
. ~
December 11, 1990
Mr. Steve Martin
5685 Rings Road
Dublin, Ohio 43017
Dear Steve:
This letter confirms your discussions with my son, David, regarding
the purchase of 20 feet at the rear of your property line. It is
understood that Davidson Phillips, Inc. will be paying $25,000.00 per acre
to both yourself and Ruth Long. We are estimating that the total acreage
for both parcels would be approximately 0.15 acres which would be
approximately $3,750 or $1,875 to each of you.
In addition, we are commiting' to move any existing fencing to the
relocated property lines at our, expense. The purchase of this property
will be contingent upon our successful completion of the purchase of Bob
Barney's parcel.
I very much appreciate your cooperation in this matter. I would
also appreciate it if you and Ruth would sign where indicated below
acknowledging and agreeing to. the above.
Acknowledged and agreed to:
By ~'r~
f Steve Martin
By ~~h ~7r
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Bird+Bull
consulting
engineers+
surveyors
February I, 1991
ZONING DESCRIPTION
FOR A 24.847 ACRE TRACT OF LAND
SOUTHS IDE OF RINGS ROAD
EAST SIDE OF WILCOX ROAD
DUBLIN, OHIO
Situated in the State of Ohio, County of Franklin, City of Dublin
CF Bird + RJ Bulllnc and being part of Virginia Military Survey No. 3011 and containing
24.847 acres of land more or less being part of that original
2875 West Dublin-Granville Rd 25.693 tract of land as described in a deed to Robert L.
Worthington, Ohio 43235 acre
6t476t.166t fax 614,761.1328 Barney of record in Official Record 5271, Page E 06 (all
references used in this description refer to the records of the
Recorder1s Office, Franklin County, Ohio) and being part of a 1.00
acre tract of land conveyed in a deed to Ruth Long of record in
Official Record 7796, Page F 18 and also being part of a 1.00 acre
tract of land as conveyed in a deed to Steven S. and Angela M.
Martin of record in Official Record 7796, Page F 15, said 24.847
acres being more particularly described as follows:
Beginning at the centerline intersection of Wilcox Road with Rings
Road;
thence N 820 26' 4111 E with the centerline of Rings Road a
distance of 1043.33 feet to a point, a northwesterly corner of
said Ruth Long tract;
thence S 60 21' 2211 E with the westerly line of said Ruth Long
tract a distance of 252.31 feet to a point;
thence N 820 46' 4111 E with a new division line across said Ruth
Long tract and said Martin tract a distance of 320.00 feet to a
point in the easterly line of said Martin tract, a westerly line
of a 7..218 acre tract as conveyed in a deed to Melville E. and
Shirley Ann Swanson of record in Deed Book 1827, Page 179;
thence S 60 21' 2211 E with a portion of the easterly line of said
Martin tract, the westerly line of said 7.218 acre tract a
distance of 594.99 feet to a point in a northerly line of a 12.000
acre tract of land as described in a deed to Rita J. Porter and
Ursula V.R. Maddox of record in Official Record 10195, Page D 20;
Page 1 of 2
Charles F 8ird PE PS
ChdlfmdO Emf!'''fU~
Richard) Bull PE PS I I'" '
PrpSldt'nt .:-/)i
Jerry l Turner PE
V,ct' P'f'Sldf.>nt
Charle. J Coghlan PE
S('(~. "PolS
David M Bray PE
February 1, 1991
thence S 830 34' 0311 W with a northerly line of said 12.000 acre
tract a distance of 1360.87 feet to a point in the centerline of
said Wilcox Road;
thence N 60 301 1111 W with the centerline of said Wilcox Road a
distance of 840.60 feet to the true point of beginning and
containing 24.847 acres of land more or less.
The above description was prepared by C.F. Bird & R.J. Bull, Inc.,
Consulting Engineers & Surveyors, Worthington, Ohio, from
information obtained from all available records and not from an
field survey.
~~~
Robert E. Blackburn
Surveyor 116305
Page 2 of 2
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Property Owners List
Davidson Phillips, Ine
SE Corner Rings and Wilcox
Harold E. DeRhodes
Helen J. De Rho des Gary Hamre
5565 Wilcox Road Karen Hamre
Dublin, Ohio 43017 5857 Rings Road
Dublin, Ohio 43017
Melville E. Swanson
Shirley Ann Swanson Remarks and Oak Lakes Farms
5671 Rings Road Profit Sharing Plan
Du blin, Ohio 43017 6728 Hyland Croy Road
Dublin, Ohio 43017
Wilbert Martin Bell
Christine S. Bell Rita T. Porter
5585 Wilcox Road 8621 Kirkhill Road
Dublin, Ohio 4301 7 Du blin, Ohio 43017
Donald J. Muir Ursula Maddox
Margaret A. Schubbe 8208 Bellefonte Lane
5611 Wilcox Road Clinton, MD 20735
Dublin, Ohio 43017
William J. Yoder
Judith C, Yoder
5661 Wilcox Road
Dublin, Ohio 43017
Chris J. Zigo
5671 Wilcox Road
Dublin, Ohio 43017
Steven S. Martin
Angela tl!. Martin
5685 Rings Road
Dublin, Ohio 43017
Ruth Long
5695 Rings Road
Dublin, Ohio 4301 7
Keith and Ginger Haney
5627 Wilcox Road
Du blin, Ohio 43017
The applicant/owner hereby acknowledges that approval of (his) (her) (its)
request for rezoning by the Dublin Planning and
Zoning Commission and/or Dublin City Council does not constitute a guarantee
or binding commitment that the City of Dublin will be able to provide essential
services such as water and sewer facilities when needed by said applicant.
The City of Dublin will make every effort to have these services available
as needed. However, the rapid growth of the City of Dublin and Northwest
Franklin County has stretched the City's capacity to provide these services
to the limit. As such, the City of Dublin may be unable to make all or part
of said facilities available to the applicant until some future date.
The undersigned hereby acknowledges and understands the foregoing.
;)-fo ~9 ( rflS) t2L~4-
Date Signature of Applicant or authorized
representative thereof.
On behalf of:
DAVIDSON PHILLIPS, INC.
Applicant
r~8V\~~t
Q,cJ .gO-'10
DAVIDSON PHILLIPS, INC. RQ,Z~,~A-rf\\';jz\ ~ T,
SE CORNER OF RINGS AND WILCOX ROADS
DEVELOPMENT PLAN TEXT
A. Proposed location and size of residential units.
The at-cached site layout plan graphically shows the location and
layout of the lots on the 23.423 acre subject site. There are seventy-sL-<
single family lots. In terms of front footages, all but two lots are at
least 701 in ~.Jidth and virtually all lots along Wilcox Road are 100' in
width. Single family is the only category permitted. Under the nonstandard
density formula used for this zoning category, density is 4.66 units per
acre. Using the gross site area to number of lots procedure more familiar to
the community yields a density of about 3.24 units per acre.
Homes built in this subject development will be single family homes
in a variety or styles to suit the local market. Typical deed restrictions
will be attached to the lots, which include the requirement that the
construction 0:1: any dwelling must have an enclosed garage for at least two
automobiles.
In addition to these restrictions, the applicant has agreed to uphold
the following s-candards in this development:
1) Each home must have a chimney constructed of masonry materials.
2) There will be no split level or bi-level homes constructed in
this development.
3) A :ninimum of 85% of the lots in this development will contain
two-story homes.
4) On single story homes, there is a minimum requirement of 1, 450
square feet or living space. On two-story homes, there is a minimum
requirement or 1,750 square feet of living space.
5) All homes will have a minimum roof pitch of 6/12.
6) All homes will have a post lamp in the front yard.
7) No lot shall contain a home with the same exterior elevation or
color combination as an adjacent lot on the same street.
8) Front Elevation Treatment:
a. All lots along Wilcox Road will have stone, brick, stucco,
or wood treatment on the front elevation. Any other material
will have a natural look.
b. 80% of lots 1 thru 10, 18 thru 27, 36 thru 39, and 47 thru
57, will have stone, brick, stucco, or wood treatment on the
front elevation. Any other material will have a natural
look.
..~-.., ". '.~... "~'.:.- . ....--...,.....:.. c. 50% of all remaining lots will have stone, brick stucco, or
. ...r:', ;... wood treatment on the front elevation. Any other material
'. ".
; ~; J ,[?
. , . .: ~ will have a natural look.
; ~ 1-, ' 9) Sidewalks and street trees will be installed to meet city standards.
MAR it "
, - I -
,_. . -
B. Homeowners' Association.
The Applicant TNill set up a Homeowners Association TNhich TNill be
responsible for continually maintaining the entry features and the fence along
the southern boundary of the site. An annual assessment that is adequate to
maintain these features TNill be collected and made mandatory by the inclusion
of the association in the development's deed restrictions.
C. Proposed size, location and use of non residential portions of the site.
There is only one nonresidential portion of the site, a 2.4 acre park
located at the center of the. northern end of the site. This portion of the
site will be deeded to the City of Dublin in accord TNith the parkland
ordinances. The park is unique in Dublin residential subdivisions in that it
will be fully developed by the applicant as part of the project, and TNill be
completed before a permit for the 10th (tenth) foundation is issued in Phase
1. Applicant has planned and negoitiated the park TNith the City's Parks
Department. The park represents a combination of land and cash contribution.
Using the formula as instructed by City Code, this combination includes 2.4
acres of land to be dedicated and $65,279.00 to be contributed tOTNards
development of this park.
The fully developed park TNill serve as a focal point for the
development, enhancing interest and quality. It TNill also provide an
innnediate parkland amenity, a significant aspect when it is considered that
the general area is at this point largely undeveloped~
In terms of concept, the park represents a european approach. It
combines a water feature TNith garden type landscaping elements. There are
changes in ele'lation to provide interest and also to provide seating. A
gazebo type structure is located in the center of the shalloTN pool and is
reachable by steps. There are several areas delineated TNith pavers and formal
landscaping that are open, but which suggest isolation, and invite small
groups or families to gather. It is envisioned that the park will serve as a
peaceful place TNhere people TNill gather to visit or relax TNhen their schedules
permit it.
In addition to the developed elements and formal landscaping, there
are also turf areas provided on the eastern and TNestern portions of the park.
These are large, enough to support children's play but it is envisioned that
organized sporting events TNill occur in the larger park to the south on Wilcox
Road and to the north in previously approved residential developments.
The park faces onto Rings Road as well as a major interior road TNithin
the site. As such, it invites use not only by this development, but the area
as a whole. It also serves as a visible open space amenity to the municipal
traffic using Rings Road. By providing a pleasing aspect, it is also hoped
that the park TNill enhance quality and desirability of the lots TNithin the
subdivision.
Tr '. .. '-~'. ..... __ . ~ ....'.' .
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MAR _ 4 _ 2-
D. The proposed provision of water, sanitary sewer and surface drainage.
Water ~.Jill be provided from planned water mains to be constructed to
the south. It is anticipated that the City Engineer will desire the applicant
to further incorporate linkages to other planned water mains accessing the
site from the north and the east in accord with municipal master plans.
Coordination with the Washington Township Fire Department and engineering
consultants has determined that fire flows exceed minimum requirements.
Extension of water lines within the subdivision will bring hydrants into an
area that is presently unserved.
This site falls in the tributary area which will be serviced by the
extension of the Cramer Ditch Sewer. However, due to the timing differences
between the construction or the subdivision and the sewer, the applicant is
requesting a permanent diversion through the multifamily site to the south
while still allocating funds towards the completion of the Cramer Ditch Sewer.
The decision on the sanitary sewer diversion issue will be made based on the
satisfaction or the City Engineer in conjunction with the platting process
and will not be related to or have any bearing on the rezoning of this
property.
Surface drainage will be provided by relocation of the existing ditch
as shown on the attached site plan. Other drainage requirements will be in
full compliance with the provisions of Chapter 1313. All flood hazard areas
will be designaced on all plans, plats, and documents arter submission or more
complete flood documentation to the satisraction or the City Engineer,
including plan ~odification if necessary.
Eo Proposed t=affic circulation patterns.
The city is presently contemplating relocation or restructuring of
the road network for the area. This may include a cuI de sac on Wilcox Road
and relocation or Wilcox Road to flow along the southern boundary of the site.
In preparation for this possibility, the landowner to the south has provided
for one half or the right of way for this relocation.
Applicant cannot dictate the direction the City will take. What the
applicant has done is to provide a plan that will allow the city to pursue
the option of either leaving the present roadway system in place or installing
the new system. Applicant will dedicate a 30' strip of land along the
southern boundary of the site, the northern half of the right of way which
will permit this roadway to be relocated to this location. If the roadway is
not relocated, the 30' strip may be attached to the southern boundary of the
lots along the south side of the site, exclusive of the bike path or similar
easement.
Applicant wishes to emphasize that it is not attempting to advance
or support any of the possible alignments, but rather to simply facilitate
whatever direction is chosen. This development can proceed without the
ultimate decision as to roadways being made.
~ ., ..._^;O....-''"''-...,.-<L:.,..~..,.........,..""'.,.'''...-.".~...-.---..>-.__,,._~'~
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In ter:ns ~.:: roadway access to the planned lots, all lots except those
,-,J-
on Wilcox Road solely access internal streets. There are no roadway curb
cuts other than one street on to Rings Road, and one on to the new proposed
Wilcox Road, and most lots access the interior streets. The remaining lots
on Wilcox Road are meant to mirror the existing single family homes located
on the west side of Wilcox Road, and these have drives accessing Wilcox Road.
Generally, access to the site area will be excellent with two nearby
interchanges. Avery Road and the new Corfman Road will provide ready access
to municipal facilities to the north of Route 33. Shopping will be available
either to the north, south, or east, and access in all of those directions
appears to be excellent. A bike path will be constructed along the east side
of Wilcox Road in conformance with City standards upon completion of fifty per-
cent (50%) of the houses along Wilcox Road.
F. Prouosed schedule of site development.
,
The site will be developed in two phases. Development will proceed
after zoning and engineering requirements can be met. It is anticipated that
construction or Phase I will begin in 1991 and Phase 2 in 1992.
G. Relationshin of site to existing and planned land use.
The site is the transitional area betT.-7een presently zoned multifamily
land uses to the south and planned single family land uses to the north.
This rerlects the diminishing intensity or use that results from the movement
westward from ~-270, where non residential uses are appropriate. It is also
reflective 01: the transition rrom the more intense uses associated with
Tuttle Crossing Boulevard to the south, which is expected to be a major road.
This latter t~ansition is effectively made with the relatively low density
condominium development immediately to the south.
It is anticipated that land uses to the north of this site will be
single family, ultimately connecting with the Heather Glen development
rarther north on 1;-J'ilcox Road. It is further contemplated that land uses to
the west will remain single family, and that some degree of single family
will be developed north and west or Rings and Wilcox Roads.
Basically, it is expected that this site will form the southeast
section of a substantial single family neighborhood having multifamily non
residential uses for boundaries, and having close urban access to shopping
and trarric arteries. The closest parallel of this neighborhood in terms of
existing development in Dublin would be Waterrord Village. The gross area or
this single family residential area would appear to be roughly 300 acres
versus about :00 for Waterrord Village.
The development of this tract is crucial to fulfillment or the above
concept, as its development in a single family category will virtually assure
single family viability in the area between this site and the Heather Glen
development. Conversely, non single family development on this site would
make single family uses on the other three corners of the Wilcox and Rings
Roads intersection non sustainable.
~- .-....~-....,.---~,
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MAR .4 ',~ -4-
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H. Control of Site.
Applicant is in contract to purchase the subject site, and has the
appropriate control over ultimate development.
I. Additional points not addressed in text above, and listed as factors
under Dublin Code 1181.02 (b)(3) e through r.
Building height shall be the same as R-1 of Dublin Code.
Side yards shall be a minimum of 131 total, with minimum side yard of 6'.
Front yard setbacks shall be 25' and rear yard setbacks shall be 30'.
Interior road right of ways to be 50' with 26' pavement, curbed and guttered.
Off street parking and loading to be to Dublin Code.
Charles J. Ruma, President
Davidson Phillips, Inc.
Date
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DAVIDSON PHILLIPS, INC. R2,Zrn,~A-pf\\,,)Z\ ~ ~
SE CORNER OF RINGS AND WILCOX ROADS
DEVELOPMENT PLAN TEXT
A. Proposed location and size of residential units.
The at~ached site layout plan graphically shows the location and
layout of the lots on the 23.423 acre subject site. There are seventy-six
single family lots. In terms of front footages, all but two lots are at
least 70' in ~Nidth and virtually all lots along Wilcox Road are 100' in
width. Single family is the only category permitted. Under the nonstandard
density formula used for this zoning category, density is 4.66 units per
acre. Using the gross site area to number of lots procedure more familiar to
the community yields a density of about 3.24 units per acre.
Homes built in this subject development will be single family homes
in a variety of styles to suit the local market. Typical deed restrictions
will be attached to the lots, which include the requirement that the
construction or any dwelling must have an enclosed garage for at least t~..o
automobiles.
In addition to these restrictions, the applicant has agreed to uphold
the following s~andards in this development:
1) Each home must have a chimney constructed of masonry materials.
2) T~ere will be no split level or bi-level homes constructed in
this development.
3) A :ninimum of 85% of the lots in this development will contain
two-story homes.
4) On single story homes, there is a minimum requirement of 1,450
square feet or living space. On two-story homes, there is a minimum
requirement of 1,750 square feet of living space.
5) All homes will have a minimum roof pitch of 6/12.
6) All homes will have a post lamp in the front yard.
7) No lot shall contain a home with the same exterior elevation or
color combination as an adjacent lot on the same street.
8) Front Elevation Treatment:
a. All lots along Wilcox Road will have stone, brick, stucco,
or wood treatment on the front elevation. Any other material
will have a natural look.
b. 80% of lots 1 thru 10, 18 thru 27, 36 thru 39, and 47 thru
57, will have stone, brick, stucco, or wood treatment on the
front elevation. Any other material will have a natural
look.
....,.. :--,,' c. 50% of all remaining lots will have stone, brick stucco, or
. )-'-r_-.~ wood treatment on the front elevation. Any other material
. . i :~
} i"; ~ will have a natural look.
: '! (- 9) Sidewalks and street trees will be installed to meet city standards.
MAR it "
.-. -
B. Homeowners' Association.
The Applicant will set UP a Homeowners Association which will be
responsible f~~ continually maintaining the entry features and the fence along
the southern boundary of the site. An annual assessment that is adequate to
maintain these features will be collected and made mandatory by the inclusion
of the association in the development's deed restrictions.
C. Proposed size, location and use of non residential portions of the site.
There is only one nonresidential portion of the site, a 2.4 acre park
located at the center of the _ northern end of the site. This portion of the
site will be deeded to the City of Dublin in accord with the parkland
ordinances. The park is unique in Dublin residential subdivisions in that it
will be fully developed by the applicant as part of the project, and will be
completed before a permit for the 10th (tenth) foundation is issued in Phase
1. Applicant has planned and negoitiated the park with the City's Parks
Department. The park represents a combination of land and cash contribution.
Using the formula as instructed by City Code, this combination includes 2.4
acres of land to be dedicated and $65,279.00 to be contributed towards
development of this park.
The fully developed park will serve as a focal point for the
development, enhancing interest and quality. It will also provide an
immediate parkland amenity, a significant aspect when it is considered that
the general area is at this point largely undeveloped.
In terms of concept, the park represents a european approach. It
combines a water feature with garden type landscaping elements. There are
changes in elevation to provide interest and also to provide seating. A
gazebo type structure is located in the center of the shallow pool and is
reachable by steps. There are several areas delineated with pavers and formal
landscaping that are open, but which suggest isolation, and invite small
groups or families to gather. It is envisioned that the park will serve as a
peaceful place where people will gather to visit or relax when their schedules
permit it.
In addition to the developed elements and formal landscaping, there
are also turf areas provided on the eastern and western portions of the park.
These are large. enough to support children's play but it is envisioned that
organized sporting events will occur in the larger park to the south on Wilcox
Road and to the north in previously approved residential developments.
The park faces onto Rings Road as well as a major interior road within
the site. As such, it invites use not only by this development, but the area
as a whole. It also serves as a visible open space amenity to the municipal
traffic using Rings Road. By providing a pleasing aspect, it is also hoped
that the park will enhance quality and desirability of the lots within the
subdivision.
MAR 4
- -2-
D. The proposed provision of water, sanitary sewer and surface drainage.
Water ....ill be provided from planned water mains to be constructed to
the south. It is anticipated that the City Engineer will desire the applicant
to further incorporate linkages to other planned water mains accessing the
site from the north and the east in accord with municipal master plans.
Coordination with the Washington Township Fire Department and engineering
consultants has determined that fire flows exceed minimum requirements.
Extension of water lines within the subdivision will bring hydrants into an
area that is presently unserved.
This site falls in the tributary area which will be serviced by the
extension of the Cramer Ditch Sewer. However, due to the timing differences
between the construction of the subdivision and the sewer, the applicant is
requesting a permanent diversion through the multifamily site to the south
while still allocating funds towards the completion of the Cramer Ditch Sewer.
The decision on the sanitary sewer diversion issue will be made based on the
satisfaction of the City Engineer in conjunction with the platting process
and will not be related to or have any bearing on the rezoning of this
property.
Surface drainage will be provided by relocation of the existing ditch
as shown on the attached site plan. Other drainage requirements will be in
full compliance '.Ji t h the provisions of Chapter 1313. All flood hazard areas
will be designaced on all plans, plats, and documents arter submission of more
complete flood documentation to the satisfaction of the City Engineer,
including plan ~odification if necessary.
Eo Proposed traffic circulation patterns.
The city is presently contemplating relocation or restructuring of
the road network for the area. This may include a cuI de sac on ~olilcox Road
and relocation of Wilcox Road to flow along the southern boundary of the site.
In preparation for this possibility, the landowner to the south has provided
for one half or the right of way for this relocation.
Applicant cannot dictate the direction the City will take. What the
applicant has done is to provide a plan that will allow the city to pursue
the option of either leaving the present roadway system in place or installing
the new system. Applicant will dedicate a 30' strip of land along the
southern boundary or the site, the northern half of the right of way which
will permit this roadway to be relocated to this location. If the roadway is
not relocated, the 30' strip may be attached to the southern boundary of the
lots along the south side of the site, exclusive of the bike path or similar
easement.
Applicant wishes to emphasize that it is not attempting to advance
or support any of the possible alignments, but rather to simply facilitate
whatever direction is chosen. This development can proceed without the
ultimate decision as to roadways being made.
"''''0 ___".........c,.,..;.....,__.'C". "'_.......__..~ _.__...._~_."'!
i ;: (~:
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MAR - A :~p -3-
0."__-' f
In ter::ns ~ - roadway access to the planned lots, all lots except those
,-'-'-
on Wilcox Road solely access internal streets. There are no roadway curb
cuts other than one street on to Rings Road, and one on to the new proposed
Wilcox Road, and most lots access the interior streets. The remaining lots
on Wilcox Road are meant to mirror the existing single family homes located
on the west side of Wilcox Road, and these have drives accessing Wilcox Road.
Generally, access to the site area will be excellent with two nearby
interchanges. Avery Road and the new Coffman Road will provide ready access
to municipal facilities to the north of Route 33. Shopping will be available
either to the north, south, or east, and access in all of those directions
appears to be excellent. A bike path will be constructed along the east side
of Wilcox Road in conformance with City standards upon completion of fifty per-
cent (50%) of the houses along Wilcox Road.
F. Prooosed schedule of site develooment.
"
The site will be developed in two phases. Development will proceed
after zoning and engineering requirements can be met. It is anticipated that
construction of Phase I will begin in 1991 and Phase 2 in 1992.
G. Relationship of site to existing and planned land use.
The site is the transitional area between presently zoned multifamily
land uses to the south and planned single family land uses to the north.
This reflects :he diminishing intensity of use that results from the movement
westward from ~-270, where non residential uses are appropriate. It is also
reflective OI the transition from the more intense uses associated with
Tuttle Crossing Boulevard to the south, which is expected to be a major road.
This latter t~ansition is effectively made with the relatively low density
condominium development immediately to the south.
It is a.nticipated that land uses to the north of this site will be
single family, ultimately connecting with the Heather Glen development
farther north on \.J'ilcox Road. It is further contemplated that land uses to
the west will remain single family, and that some degree of single family
will be developed north and west of Rings and Wilcox Roads.
Basically, it is expected that this site will form the southeast
section of a substantial single family neighborhood having multifamily non
residential uses for boundaries, and having close urban access to shopping
and traffic arteries. The closest parallel of this neighborhood in terms of
existing development in Dublin would be Waterford Village. The gross area of
this single family residential area would appear to be roughly 300 acres
versus about :00 for Waterford Village.
The development of this tract is crucial to fulfillment of the above
concept, as its development in a single family category will virtually assure
single family viability in the area betT.Jeen this site and the Heather Glen
development. Conversely, non single family development on this site would
make single family uses on the other three corners of the Wilcox and Rings
Roads intersection non sustainable.
.~ ..,.,
\ ;.'
MAR .4 !' -4-
-
H. Control of Site.
Applicant is in contract to purchase the subject site, and has the
appropriate control over ultimate development.
I. Additional points not addressed in text above, and listed as factors
under Dublin Code 1181. 02 (b) (3) e through r.
Building height shall be the same as R-l of Dublin Code.
Side yards shall be a minimum of 13' total, with minimum side yard of 6' .
Front yard setbacks shall be 25' and rear yard setbacks shall be 30' .
Interi~r road right of ways to be 50' with 26' pavement, curbed and guttered.
Off street parking and loading to be to Dublin Code.
Charles J. Ruma, President
Davidson Phillips, Inc.
Date
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REOOVED JAN 0 7 1991
Davidson Phillips, Inc. 1152 GOOdale Blvd., Columbus. Ohio 43212 Phone(614)297~
December II, 1990
Mr. Steve Martin
5685 Rings Road
Dub lin, Ohio 43017
, Dear Steve:
I
I
This letter confirms your discussions with my son, David, regarding
the purchase of 20 feet at the rear of your property line. It is
understood that Davidson Phillips, Inc. will be paying $25,000.00 per acre
to both yourself and Ruth Long. We are estimating that the total acreage
for both parcels would be approximately 0.15 acres which would be
approximately $3,750 or $1,875 to each of you.
In addition, we are commiting to move any existing fencing to the
I relocated property lines at our expense.__ The purchase of this property
I will be contingent upon our successful completion of the purchase of Bob
I Barney's parcel.
I very much appreciate your cooperation in this matter. I would
also appreciate it if you and Ruth would sign where indicated below
acknowledging and agreeing to the above.
Acknowledged and agreed to:
By cL't~
I' Steve Martin
By 1f~ ~pf
Ruth Long
_.,.~..~~"..,....
.1 . ,'-
" ,
. ' - ~- ..." :
r:--' A '-:.
r.- ,'_ v
-~
DAVIDSON PHILLIPS, INC.
SE CORNER OF RINGS AND WILCOX ROADS
DEVELOPMENT PLAN TEXT ' '~.'~~
A. Proposed location and size of residential units.
The attached site layout plan graphically shows the location and
layout of the lots on the 23.423 acre subject site. There are seventy-six
single family lots. In terms of front footages, all but two lots are at
least 70' in width and virtually all lots along Wilcox Road are 100' in
width. Single family is the only category permitted. Under the nonstandard
density formula used for this zoning category, density is 4.66 units per
acre. Using the gross site area to number of lots procedure more familiar to
the community yields a density of about 3.24 units per acre.
Homes buil t in this subject development will be single family homes
in a variety of styles to suit the local market. Typical deed restrictions
will be attached to the lots, which include the requirement that the
construction of any dwelling must have an enclosed garage for at least two
automobiles.
In addition ~o these restrictions, the applicant has agreed to uphold
the following standards in this development:
1) Each home must have a chimney constructed of masonry materials.
2) There will be no split level or bi-level homes constructed in
this development.
3) A minimum of 85% of the lots in this development will contain
two-story homes.
4) On single story homes, there is a minimum requirement of 1,450
square feet of living space. On two-story homes, there is a minimum
requirement of 1,750 square feet of living space.
5) All homes will have a minimum roof pitch of 6/12.
6) All homes will have a post lamp in the front yard.
7) No lot shall contain a home with the same exterior elevation or
color combination as an adjacent lot on the same street.
8) Front Elevation Treatment:
a. All lots along Wilcox Road will have stone, brick, stucco,
or wood treatment on the front elevation. Any other material
will have a natural look.
b. 80% of lots 1 thru 10, 18 thru 27, 36 thru 39, and 47 thru
57, will have stone, brick, stucco, or wood treatment on the
front elevation. Any other material will have a natural
look.
c. 50% of all remaining lots will have stone, brick stucco, or
wood treatment on the front elevation. Any other material
will have a natural look.
B. Homeowners Association.
i The Applicant will set up a Homeowners Association which will be
I responsible for continually maintaining the entry features and the fence
along the southern boundary of the site.
i
C. Proposed size, location and use of non residential portions of the site.
There is only one nonresidential portion of the site, a 2.4 acre park
located at the center of the northern end of the site. This portion of the
site will be deeded to the City of Dub Un in accord with the parkland
ordinances. The park is unique in Dublin residential subdivisions in that it
will be fully developed by the applicant as part of the project. Applicant
has planned and negotiated the park with the city's parks department. The
park represents a combination of land and cash contribution. Using the
formula as instructed by City Code, this combination includes 2.4 acres of
land to be dedicated and $65,279.00 to be contributed towards the development
of this park.
The fully developed park will serve as a focal point for the
development, enhancing interest and quality. It will also provide an
immediate parkland amenity, a significant aspect when it is considered that
the general area is at this point largely undeveloped.
In terms of concept, the park represents a European approach. It
combines a water feature with garden type landscaping elements. There are
changes in elevation to provide interest and also to provide seating. A
gazebo type structure is located in the center of the shallow pool and is
reachable by steps. There are several areas delineated with pavers and
formal landscaping that are open, but which suggest isolation, and invite
small groups or families to gather. It is envisioned that the park will
serve as a peaceful place where people will gather to visit or relax when
their schedules permit it.
In addition to the developed elements and formal landscaping, there are
also turf areas provided on the eastern and western portions of the park.
These are large enough to support children's play but it is envisioned that
organized sporting events will occur in the larger park to the south on
Wilcox Road and to the north in previously approved residential developments.
-2-
The park faces onto Rings Road as well as a major interior road within
the site. As such, it invites use not only by this development, but the area
as a whole. It also serves as a visible open space amenity to the municipal
traffic using Rings Road. By providing a pleasing aspect, it is also hoped
that the park will enhance quality and desirability of the lots within the
subdivision.
D. The proposed provision of water, sanitary sewer and surface drainage.
Water will be provided from planned water mains to be constructed to
the south. It is anticipated that the City engineer will desire the
applicant to further incorporate linkages to other planned water mains
accessing the site from the north and the east in accord with municipal
master plans. Coordination with the Washingtion Township Fire Department and
engineering consultants has determined that fire flows exceed minimum
requirements. Extension of water lines within the subdivision will bring
hydrants into an area that is presently unserved.
This site falls in the tributary area which will be serviced by the
extension of the Cramer Ditch Sewer. However, due to the timing differences
between the construction of the subdivision and the sewer, the applicant is
requesting a permanent diversion through the multifamily site to the south
while still allocating funds towards the completion of the Cramer Ditch
Sewer.
Surface drainage will be provided by relocation of the existing ditch
as shown on the attached site plan. Other drainage requirements will meet
municipal standards.
E. Proposed traffic circulation patterns.
The city is presently contemplating relocation or restructuring of
the road network for the area. This may include a cuI de sac on Wilcox Road
and relocation of Wilcox Road to flow along the southern boundary of the
site. In preparation for this possibility, the landowner to the south has
provided for one half of the right of way for this relocation.
Applicant cannot dictate the direction the City will take. What the
applicant has done is to provide a plan that will allow the city to pursue
the option of either leaving the present roadway system in place or
installing the new system. Applicant will dedicate a 30' strip of land along
the southern boundary of the site, the northern half of the right of way
which will permit this roadway to be relocated to this location. If the
roadway is not relocated, the 30' strip may be attached to the southern
boundary of the lots along the south side of the site, exclusive of the bike
path or similar easment.
Applicant wishes to emphasize that it is not attempting to advance
or support any of the possible alignments, but rather to simply facilitate
whatever direction is chosen. This development can proceed without the
ultimate decision as to roadways being made.
-3-
-
.
In terms of roadway access to the planned lots, all lots except those
on Wilcox Road solely access internal streets. There are no roadway curb
cuts other than one street on to Rings Road, and one on to the new proposed
Wilcox Road, and most lots access the interior streets. The remaining lots
on Wilcox Road are meant to mirror the existing single family homes located
on the west side of Wilcox Road, and these have drives accessing Wilcox Road.
Generally, access to the site area will be excellent with two nearby
interchanges. Avery Road and the new Coffman Road will provide ready access
to municipal facilities to the north of Route 33. Shopping will be available
either to the north, south, or east, and access in all of those directions
appears to be excellent. A bike path will be constructed along the east side
of Wilcox Road in conformance with City standards.
F. Proposed schedule of site development.
The site will be developed in two phases. Development will proceed
after zoning and engineering requirements can be met. It is anticipated that
construction of Phase I will begin in 1991 and Phase 2 in 1992.
G. Relationship of site to existing and planned land use.
The site is the transitional area between presently zoned multifamily
land uses to the south and planned single family land uses to the north.
This reflects the diminishing intensity of use that results from the movement
westward from 1-270, where non residential uses are appropriate. It is also
reflective of the transition from the more intense uses associated with
Tuttle Crossing Boulevard to the south, which is expected to be a major road.
This latter transition is effectively made with the relatively low density
condominium development immediately to the south.
It is anticipated that land uses to the north of this site will be
single family, ultimately connecting with the Heather Glen development
farther north on Wilcox Road. It is further contemplated that land uses to
the west will remain single family, and that some degree of single family
will be developed north and west of Rings and Wilcox Roads.
Basically, it is expected that this site will form the southeast
section of a substantial single family neighborhood having multifamily non
residential uses for boundaries, and having close urban access to shopping
and traffic arteries. The closest parallel of this neighborhood in terms of
existing development in Dublin would be Waterford Village. The gross area of
this single family residential area would appear to be roughly 300 acres
versus about 200 for Waterford Village.
The development of this tract is crucial to fulfillment of the above
concept, as its development in a single family category will virtually assure
single family viability in the area between this site and the Heather Glen
development. Conversely, non single family development on this site would
make single family uses on the other three corners of the Wilcox and Rings
Roads intersection non sustainable.
-4-
H. Control of Site.
Applicant is in contract to purchase the subject site, and has the
appropriate control over ultimate development.
I. Additional points not addressed in text above, and listed as factors
under Dublin Code 1181.02 (b) (3) e through r.
Building height shall be the same as R-1 of Dublin Code.
Side yards shall be a minimum 0 f 13' total, with minimum side yard of 6' .
Front yard setbacks shall be 25 ' and rear yard setbacks shall be 30' .
Interior road right of ways to be 50' with 26' pavement, curbed and guttered.
Off street parking and loading to be to Dublin Code.
Charles J. Ruma, President
Davidson Phillips, Inc.
Date
-5-
MEETING MINUTES
DUBLIN PLANNING AND ZONING COMMISSION
FEBRUARY 7,1991
Page 1
3. Rezoning Application Z90-007 - Davidson Phillips, Inc.
Mr. Geese asked for a motion to take this Rezoning Application off the table.
Mr. Fishman motioned to take this application off the table. Mr. Manus
seconded the motion and the vote was as follows: Ms. Stillwell , yes; Mr.
Manus, yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Kranstuber, yes; Mr.
Leffler, yes; Mr. Campbell, yes. (7-0)
Ms. Clarke stated the site is located on the southeast corner of Rings Road
and Wilcox Road. The land still carries R-1B, Limited Suburban Residential
District Zoning, which is a Washington Township zoning classification. The
proposal is to rezone the site from R-1B to PLR, Planned Low Density
Residential District. The layout shows 76 single-family lots, most of which
are 70-feet by 120-feet throughout the interior of the project. The lots
along Wilcox Road are 100 feet in width. The site has been expanded slightly
from 23.4 acres to 23.8 acres and now includes a 20-foot wide strip off the
south side of the Martin and Long houses which face on Rings Road.
Ms. Clarke said the biggest issue for the Staff has been that of the
floodwater which passes through this site. The area is very flat. This is an
area for which there has not been a FEMA (Federal Emergency Management Agency)
study done. There are no floodway and flood insurance rate maps prepared, but
the Cramer Creek does flood on a periodic basis. Staff was extremely
concerned about approving a plan at a set density with a set layout pattern
that may need to be altered when additional flood data is submitted. After
extensive meetings between the Planning and Engineering staff, it was felt
that Chapter 1313 required that the City identify and delineate floodways,
floodway fringe areas and flood hazard areas to the best of its ability.
Based on that Ordinance, the applicant must comply and clearly delineate all
of the flood data on all plans and documents.
This is a Rezoning Application and final flood data has not been submitted.
The applicant's consulting engineer has a proposal for dealing with
floodwater, and the preliminary analysis shows this is reasonable. One
variation in this application is the full requirement of parks is not being
dedicated. The applicant wishes to dedicate approximately half of the
required parkland and to fully develop it. This proposal has been accepted by
the Parks Director and Committee. Staff is recommending approval of this
subject to the conditions listed below:
1. Resolution of the sanitary sewer diversion issue to the satisfaction of
the City Engineer in conjunction with the platting process, not the
rezoning process;
2. Full compliance with the provisions of Chapter 1313; designation of all
flood hazard areas in all plans, plats, and documents after submission of
more complete flood documentation to the satisfaction of the City
Engineer, including plan modification if necessary (if more conclusive
flood data that one or more lots need to be deleted, this will need to be
done;
Minutes of Meeting
Dublin Planning and Zoning Commission
February 7, 1991
Page 2
3. Installation of the bikepath on the east side of Wilcox Road and
provision of adequate easement area along the south property line for a
bikepath (the 60-foot right-of-way width is not quite wide enough for the
road which needs to be constructed and a bikepath).
4. Installation of sidewalks and street trees throughout the subdivision to
meet the Code requirement;
s. Resolution of treatment and maintenance along the new right-of-way (the
applicant proposes to build a wood fence with stone pillars along the
entire south boundary but has not submitted the elevation to the
Commission in their packets. Staff would like to investigate different
treatments along that property line. Mounding and landscaping only
improve with age and fencing deteriorates. The text creates a
homeowner's association which will maintain both that fence and the entry
features that are to be constructed);
6. Right-of-way dedication along the perimeter roads to comply with the
Community Plan (both Wilcox and Rings Road are shown on the Community
Plan so the right-of-way must be consistent with that plan);
7. Revisions of the plan and text to clarify, correct information and remove
contradictions. The text references incorrect lot numbers compared to
this final plan. There are several inconsistencies where the plan and
the text do not match and these need to be straightened up before it is
presented to Council.
Mr. Manus asked about the other contradictions. Ms. Clarke said the plan and
the text reference a different pavement width for the street and the method of
measurement is not stated. The plan does not show sidewalks and Staff wants
to ensure they are included. There is nothing in the text which indicates
that the easement along the southern line will be provided.
Mr. Charlie Ruma, applicant, addressed the seven items listed in the Staff
Report. He said he is not asking for a full diversion of the sanitary sewer.
He said 6-8 acres of the site goes south and the tributary line is on his
property. Some of the stormwater will go south. He is asking for a diversion
to allow him to utilize the gravity sewer that is under construction just to
the south. That sewer is deep enough to utilize on a gravity basis. He
agrees to pay his fair share for the extension of the sewer line running along
Rings Road in addition to making any connection to the south. Mr. Geese asked
Mr. Willis if there were any engineering problems with this. Mr. Willis
agrees that this decision is better delayed until the Final Development Plan
comes in. Mr. Ruma said the flood hazard area on all plans will be completed.
The bikepath will be built along Wilcox Road from Rings Road to the new Wilcox
Road area. He said he is in full accord with the easement on the south for
the future bikepath. He said he will move his fence back an appropriate
number of feet so it doesn't interfere with the bikepath. This is being
worked out with the City Parks Department. He said it is his intention to
have sidewalks and street trees in accordance with the typical subdivision
regulations of Dublin. Mr. Ruma said he had his landscape architect do a
small plan of the fence. The stone pillars are set approximately 200' apart.
The fence is 6' high and it will have some ground cover growing in front with
landscaping along the outside depending upon how much space left after the
Minutes of Meeting
Dublin Planning and Zoning Commission
February 7, 1991
Page 3
bikepath is installed. The major concern about this fence was maintenance. A
homeowner's association will be collecting money to maintain the fence and the
entryway along Rings Road. This fence would allow for screening of headlights
and traffic along New Wilcox Road. One major change in this plan is the
elimination of one of the entrances along New Wilcox Road. The park will be
developed by Mr. Ruma in Phase 1.
Ms. Clarke said she is satisfied with Mr. Ruma's plan. She said Mr. Ruma
stated that he is willing to pay his fair share and his text says a share.
She asked that the paperwork cleared up to reflect the oral commitment. She
said any diversion request is not typically granted as part of a Rezoning
Application. It should be determined at the time of development, at the time
the sanitary sewer plan would be approved normally, at the Final Plat.
Mr. Willis said, several months ago, the City agreed to allow for a temporary
diversion for part of this property. The purpose was to continue development
during the EPA connection ban because the diversion line does not go to the
City's main lift station. Since the end of the connection ban in
mid-September, Staff has been less willing to entertain the idea of a
diversion of the sanitary sewer, temporary or permanent.
Mr. Fishman asked if Mr. Ruma was willing to pay whatever money is needed to
complete the sewer? Mr. Willis said Mr. Ruma is asking for a permanent
diversion of his sewage flow to the south outside the appropriate tributary
area. Mr. Willis said Mr. Ruma stated he is willing to work with neighbors in
the area to construct the sewer. Mr. Fishman asked if that happened. Mr.
Ruma said he has two different costs to build the sewer: $600,000 and
$800,000 depending upon how much rock is encountered under I-270. The first
$300,000 is a Capital Improvement contribution on behalf of the City which has
not yet been approved. He asked if the City wants it through the lift station
where there are problems, or it could run the other way which is also the
City's sewer but does not use that lift station.
Mr. Bowman said there are three reasons why the City, at the beginning,
insisted the property be serviced within the proper tributary:
1. That is the way the sewer system is designed to include all the land
in the tributary and not overload another line;
2. Developers contribute to the construction of the proper sewer lines
as they come up;
3. Keeps development orderly as long as the infrastructure is built to
accompany new development.
Mr. Foegler said it has been a matter of policy not to divert to other
tributaries. He said those collection lines within those tributaries are
designed to handle anticipated flows. Mr. Foegler said his site is
serviceable by sewer and approval of the project is recommended. Several
options exist and Staff wants to keep the flexibility to pursue those options.
If the joint option for the Cramer sewage line extension can be made with Mr.
Ruma and adjacent property owners, Staff would cooperate fully. Mr. Foegler
suggested that the Commission not specify the preferred option as part of the
Rezoning because several sewer options exist. If it does go to the south and
Minutes of Meeting
Dublin Planning and Zoning Commission
February 7, 1991
Page 4
goes through columbus' system, it might require special approval from Columbus
and Dublin. Mr. Ruma said he had no problem with Mr. Foegler's suggestion.
Mr. Bowman referred to the Policy statement dated January 31, 1991, and said
this is a special planning area with special planning concerns and Staff will
continue to do what they can to achieve the goals and objectives.
Ms. Chris Bell, a Wilcox Road resident, referred to item #4 of the Policy
statement which states if there are to be changes to the comprehensive plan
for the land uses, there is a procedure to be followed. She asked that this
procedure be followed in the future.
Mr. Bill Yoder, Wilcox Road resident, said in view of the Policy Statement
worked out with Staff regarding roadway and planning issues and in view of the
written development commitments worked out with Mr. Ruma, the majority of the
area residents withdraw their objections to the proposed development.
Mr. Foegler said due to the residents' uncertainty about the level of
commitments were that were made, and the Commission and Council were
struggling with that also. Staff tried to clarify what those policy
commitments were in terms of land use, procedure and comprehensive planning
for the future. He asked that the Commission endorse the Policy Statement
dated January 31, 1991, if it reflects their understanding of the policy
commitments and the planning commitments for that area.
Mr. Fishman asked if Staff is satisfied with the sewer issue? Mr. Bowman said
yes. Mr. Fishman also asked about the timing of the park and the bikepaths.
He asked if the bikepath is going in before the first houses are built? Mr.
Ruma said the park will, and when the area is developed along Wilcox, the
bikepath will. Mr. Fishman asked Mr. Ruma to agree to a condition that the
park is built before the basements are dug. Mr. Ruma countered that the park
can be developed before the 10th basement is dug in Phase 1. Mr. Ruma said
before any lots are sold along Wilcox Road the bikepath will be developed and
will include a bridge structure for Phase 2. Mr. Fishman said he is against
the fence. He suggested a forced association, which means it is written in
the deed that every homeowner will forever pay a fee to maintain entryways and
fence.
Ms. Jordan asked for a clarification of the bikepath along Wilcox Road. She
suggested that the bikepath be installed after 50% of the houses are built
along Wilcox Road due to damage of bikepaths during construction.
Mr. Campbell referred to the Policy Statement and that an understanding among
the residents, the city and developers as to what may happen in the future if
there would be a change in the Southwest Quadrant Plan. He said this Plan is
subject to some review. He it would take a hearing at the Planning and Zoning
Commission and then at Council to change the Plan. The Plan would then be
changed by Council after a recommendation by the Planning and Zoning
Commission. Mr. Campbell said he supports this application.
Mr. Manus said he also supports this application.
Minutes of Meeting
Dublin Planning and Zoning Commission
February 7, 1991
Page 5
Mr. Leffler asked Mr. Ruma if he intends to use a photo cellon the post
lamps. Mr. Ruma said no it is controlled by a switch in the house. Mr.
Leffler also mentioned the placement of the bike path along the east side of
Wilcox Road. He said there is a ditch there now and asked Mr. Ruma how he
envisioned the relationship of this bikepath and the ditch. Mr. Ruma said if
there is a ditch to be maintained for drainage along Wilcox Road, he will make
sure it is maintained and will build a bikepath farther in. Mr. Leffler asked
about the park and the reflecting pond within it. He feels a reflecting pond
would be useless. Mr. Ruma said the reflecting pool is eight inches deep,
will have a fountain feature, a wall to enclose the water and will have a
series of steps. He said the pond was designed by Keith Myers and the Parks
Director endorses the park plan. Ms. Jordan said the concept plan was
reviewed favorably by the Parks and Recreation Committee. She said the City
will close on some 7.5 acres of property in the area which will be wide open
space (7.5 acres) with tennis and basketball courts.
MOTION #1: Mr. Fishman motioned to accept this Rezoning Application with the
conditions listed below:
1. Resolution of the sanitary sewer diversion issue to the satisfaction of
the City Engineer in conjunction with the platting process;
2. Full compliance with the provisions of Chapter 1313; designation of all
flood hazard areas in all plans, plats, and documents after submission of
more complete flood documentation to the satisfaction of the City
Engineer, including plan modification if necessary;
3. Installation of the bikepath as requested and provision of adequate
easement area along the south property line for same;
4. Installation of sidewalks and street trees to meet Code;
5. Resolution of treatment and maintenance along the new right-of-way;
6. Right-of-way dedication on perimeter to comply with Community Plan;
7. Revisions to the plan and text to clarify, correct information and remove
contradictions;
8. The park be completed before a permit for the 10th foundation is issued
in Phase 1;
9. The bikepath along Wilcox Road be installed upon completion of 50% of the
houses along Wilcox Road in Phase 2; and
10. That a forced association be formed and a yearly assessment that is
adequate to maintain the common properties, including the fence be made
part of the deed restrictions for the subdivision.
Mr. Kranstuber seconded the motion and the vote was as follows: Mr. Campbell,
yes; Mr. Manus, yes; Ms. Stillwell, yes; Mr. Leffler, yes; Mr. Geese, yes; Mr.
Fishman, yes; and Mr. Kranstuber, yes. (Rezoning Application Approved 7-0)
MOTION #2: Mr. Campbell motioned to endorse the Policy Statement regarding
the Southwest Quadrant Planning Efforts dated January 31, 1991, and
prepared by the Development Department Staff.
Minutes of Meeting
Dublin Planning and Zoning Commission
February 7, 1991
Page 6
Ms. Stillwell seconded the motion and the vote was as follows: Mr. Manus,
yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Kranstuber, yes; Mr. Leffler,
abstain; Ms. Stillwell, yes; and Mr. Campbell, yes. (Policy statement
Approved 6-0-1)
Respectfully Submitted,
Emily Renk t, secretary
Planning and Zoning Commission
.
STAFF REPORT ADDENDUM
3" Rezoning Application Z90-007 - Davidson phillips, Inc.
The applicant has submitted revised copies of his proposed deed
restrictions, development text, and rezoning application, and the Staff
has the opportunity to meet with the consulting architect since the
packets were delivered last Friday. The restrictions and the text better
outline the character of the proposed development, and these documents
incorporate many of the requests made by the current neighbors in the
area relating to the style, size, materials and standards of the proposed
housing. The rezoning application itself was revised to include a 20-
foot wide strip of land from the south end of the Martin and Long
properties which front on Rings Road. This increases the acreage under
consideration from 23.4 to 23.8 acres. However, the most important
consideration was the presentation of additional data by the consulting
engineer with regard to the potential for flooding.
On the basis of field observations during heavy rain and the input from
the residents of the area, Staff has reason to believe that flood hazard
is an issue at the subject site, even though there is no federal
documentation available currently. The Cramer Creek or Cramer Ditch
flows through the northern section of the site and would be rechannelled
under this proposal for development. The consulting enginer has
performed the preliminary flood study, has made a presentation to the
Staff and will do so for the Commission as well. The City will not
require an actual, formal flood study prior to action by the Planning and
Zoning Commission, but the applicant will be required to fully comply
with Chapter 1313 of the Codified Ordinances (flood management
regulation). On the basis of the preliminary information provided, the
development proposal seems reasonable.
Chapter 1313 requires tha~:the City identify and delineate floodways,
fringe and flood hazard areas to the best of its ability. Based upon
that ordinance, the applicant must comply and clearly delineate all flood
data on all plans and.documents. Any resulting no build zones will need
to be noted and respected through and after the development process. The
City Engineer cannot support any application unless the applicant agrees
to provide the information necessary and to restrict development or
construction on the basis of that information, as required by Chapter
1313 . The floodway (the actual channel that carries the flood waters)
must be properly sized, constructed and unrestricted, and Flood Zone A
(the level of the 100 year flood) must be completely identified on all
plans and documents with construction within it restricted accordingly.
Thus, only tentative approval of the layout can be given at this time due
to the flood issue. Only when the complete flood hazard documentation
has been received and accepted by the City can final approval actually be
given to this particular street pattern and lot layout. It is possible
that in order to successfully deal with the storm water, that one or
more lots may need to be eliminated. However, on the basis of the
preliminary information, this proposal may emerge intact.
,.
.
Staff Report Addendum
February 7, 1991
Page 2
With regard to the issue which was discussed at great length at the last
meeting of the Planning and Zoning Commission, the road network, ~e
Staff is hopeful that the attached Policy statement will be of some
assistance. While no commitment can prudently be made until public
hearings are held after the arterial system is in place, the statement
does reaffirm the preservation of the single family neighborhood as an
objective.
The proposal from the developer for the de~eication of a smaller park
site and his development of it has been openly presented in the text.
There are a couple of items which have not been made completely clear in
the latest documentation. Along the new proposed Wilcon Road, along the
entire southern exposure of the site, the applicant proposes to build a
fence to provide a consistent treatment as well as security for the new
residents. While the fence as proposed (board fence with stone columns)
is quite attractive, Staff would like to investigate a different solution
for the treatment of this area, one which relies more upon mounding and
vegetation and will improve with age. A homeowners' association is
proposed to take care of the long term maintenance of both the entry
features and the southern fence.
~
The Parks Director has met with the applicant and recommends that a
bikepath be installed with this development along the east side of
existing Wilcdx Road. Another btkepath is proposed along the new
roadway, but this is expect~d to be installed as part of the road
construction project. However, there will be the need for an additional
easement to assure that a regulation width bikepath and the full roadway
can be installed. Sidewalks will be installed on all oof the remaining
street frontages. Although the street trees on the plan are shown as
exclusively internal to the development, street treet will be required on
the perimeter as well.
Staff is recommending approval of this Planned Low Density Residential
rezoning request subject to:
1. Resolution of the sanitary sewer diversion issue to the satisfaction
of the City Engineer in conjunction with the platting process~
2. Full compliance with the provisions of Chapter 1313; designation of
all flood hazard areas in all plans, plats, and documents after
submission of more complete flood documentation to the satisfaction of
the City Engineer, including plan modification if necessary~
3. Installation of the bikepath as requested and provision of adequate
easement,area along the south property line for same~
4. Installation of sidewalks and street trees to meet Code~
5. Resolution of treatment and maintenance along the new right-of-way;
1 6. Right-of-Way dedication on perimeter to comply with Community Plan;
7. Revisions to the plan and text to clarify, correct information and
remove contradictions.
..
Staff Report
Dublin Planning and Zoning Commission
February 7, 1991
Page 3
3. Rezoning Application Z90-007 - Davidson Phillips, Inc.
A. This application was tabled at the January 10, 1991 meeting of the
Planning and Zoning Commission, after a very lengthy discussion which
centered around the roadway network in the Southwest Area.
The site is located on the southeast corner of Rings Road and Wilcox
Road. The site and all of the land around it were included in the
SOD-plus acre annexation of last July. The land still carries R-1B,
Limited Suburban Residential District Zoning, which is a Washington
Township zoning classification that is quite similar to Dublin's R-1,
Restricted Suburban Residential District. The site has been expanded
slightly from 23.4 acres to 23.6 acres since last month's hearing. There
is a drainage ditch which runs eastward through the northern portion of
the site. Immediately to the west across Wilcox Road are several homes
on lots of an acre or more and to the north across Rings Road is a large
undeveloped parcel. The site wraps behind two single-family residencies
which front on Rings Road at the eastern side of the site. A 20-foot
wide strip from the rear of each is now included in the application. To
the south is the "Porter Tract" which was recently rezoned to the R-12,
Urban Residential District for multi-family development. The proposed
Wilcox-Rings Connector roadway is shown along the south and east property
lines of this site on the Proposed Southwest Area Plan, and the current
expectation is that this road will continue westward to intersect with
Coffman Road Extended, and not curve to the north toward Rings Road, as
shown.
B. The proposal is to rezone the site from R-1B to PLR, Planned Low Density
Residential District. The layout shows 76 single-family lots with 2.27
acres set aside for park purposes. There is one entrance from Rings Road
and one from the Wilcox/Rings Connector into the subdivision. The
average lot is 70-feet by 120-feet throughout the interior. Wilcox
Road is shown as lots of 100 feet in width which will front on the
existing road. The gross density of the development is 3.2S dwelling
units per acre and the calculated density required under the PLR
provisions is 4.3 dwellings per acre.
C. There are a number of development issues surrounding this application.
This report will explain the circumstances of each issue. Staff's
recommendation with respect to each issue will be summarized at the end of
the report.
DEVELOPMENT ISSUES
Stormwater
The drainage ditch which runs through the site is being rerouted in the
3D-foot drainage easement shown on the plan. The ditch will essentially
be relocated to parallel Rings Road. Residents in the area assert
that the existing ditch carries a lot of fast moving water after a storm
and has spilled over the intersection of Rings and Wilcox Roads, their
yards and the subject site. Although requested, no FEMA (Federal
Emergency Management Agency) study has been undertaken to determine the
Staff Report
Dublin Planning and Zoning Commission
February 7, 1991
Page 4
extent of the floodway, flood fringe and applicable flood elevation,
along the Cramer Creek drainageway. Dublin requested, last year, that the
federal agency conduct the necessary study which is a several-year
process for them. The request has not yet been approved, and the extent
of the flooding problem is not yet known. This has health, safety, and
welfare implications of the highest order, not for just this site
certainly, but for the land all along the creekbed. The project engineer
will be meeting with City Staff to outline the work done by his firm to
address this concern, and a more thorough report on stormwater will be
delivered at the meeting. The detention is being provided within
easements paralleling Rings Road. The detention design will meet the
MORPC Stormwater Manual requirements, but the impact of the water which
is simply flowing through the site is not known.
Road Network
The primary objective of the Southwest Area Plan was to attract single-
family development to the Rings Road and Wilcox Road area. The roadway
network shown on the plan indicated the extent that Dublin may go in
attracting single-family development to that area. The road network is
to be re-evaluated with specific development proposals. The most potent
issue to the neighbors is whether Wilcox Road will remain a through
street or become a cul-de-sac. Staff feels strongly that this decision
cannot be made until the arterial system is completed in the area. Staff
will make the commitment to pursue the land uses of the Southwest Area
Plan and to preserve the residential character insofar as that is
possible as the various development decisions are made over time.
Again, the most important measure of reducing traffic on residential streets is
to build the arterial streets. The extension of Tuttle Crossing Boulevard to Aver
Road is the most important link. Coffman Road must also be extended to
Shier-Rings Road.
Park
The applicant, with the consent of the Parks Director, is exploring the
desirability of satisfying the parks requirement by donating a developed
park. The required park donation, in this case, is 4.65 acres. The
developer is proposing to donate 2.27 acres and making some formal
improvements to the land. The park plan is being prepared with input
from the Parks Director. A small formal park setting is to be developed.
The plan and the whole idea of the trade-off has been reviewed favorably
by the Parks and Recreation Committee. At this point, Staff supports
this proposal.
Sanitary Sewer
Sanitary sewer lines are not readily available to this site. The applicant
has proposed to install a ~ r--~\('+:j system which will divert the sewage
permanently to a line in the Tuttle Road area. The City, since the
lifting of the sanitary sewer connection ban, is less inclined to grant
the diversion. This Cramer sanitary sewer has only been extended as far
as Ashland Chemical on the east side of I-270. The developer has offered
to pay a share of the cost of extending the Cramer line, but Staff feels
it is premature for the City to accept this part of the proposal. First,
Staff Report
Dublin Planning and Zoning Commission
February 7, 1991
Page 5
it must be determined that the diversion will not have an adverse impact.
Then, if it has been so demonstrated, the developer must pay a share at
least equal to the cost of his section of the sanitary sewer, and provide
easements etc. where necessary.
At the rezoning stage, Staff supports the engineering and construction
of the proper sanitary line in conformance with the overall approved
plan for services. It would only be appropriate to entertain an
alternative after the above assessment has been completed, most likely
at the final plat.
Development Standards
The applicant has submitted example deed restrictions and a development
text for the subdivision. The deed restrictions were formulated with at
least some input from the neighbors and carry many of the standard
residential restrictions. The development standards include a 25-foot
front yard, a 30-foot rear yard, a 6-foot minimum side yard and a
combined side yard of 13 feet. The subdivision streets are indicated as
24 feet on the plan and 26 feet in the text and will need approval of the
City Engineer. Sidewalks will be required on both sides of all streets,
as will street trees. The perimeter streets will need these improvements
also.
Staff supports the land use and feels the developer has made a
significant effort to mold his plan to the desires of the City and the
neighbors. Staff believes the stormwater issue is the most critical.
The Staff recommendation, along with the applicant's latest materials,
will be delivered to you next week.
STAFF REPORT ADDENDUM
3. Rezoning Application Z90-007 - Davidson Phillips, Inc.
The applicant has submitted revised copies of his proposed deed
restrictions, development text, and rezoning application, and the Staff
has the opportunity to meet with the consulting architect since the
packets were delivered last Friday. The restrictions and the text better
outline the character of the proposed development, and these documents
incorporate many of the requests made by the current neighbors in the
area relating to the style, size, materials and standards of the proposed
housing. The rezoning application itself was revised to include a 20-
foot wide strip of land from the south end of the Martin and Long
properties which front on Rings Road. This increases the acreage under
consideration from 23.4 to 23.8 acres. However, the most important
consideration was the presentation of additional data by the consulting
engineer with regard to the potential for flooding.
On the basis of field observations during heavy rain and the input from
the residents of the area, Staff has reason to believe that flood hazard
is an issue at the subject site, even though there is no federal
documentation available currently. The Cramer Creek or Cramer Ditch
flows through the northern section of the site and would be rechannelled
under this proposal for development. The consulting enginer has
performed the preliminary flood study, has made a presentation to the
Staff and will do so for the Commission as well. The City will not
require an actual, formal flood study prior to action by the Planning and
Zoning Commission, but the applicant will be required to fully comply
with Chapter 1313 of the Codified Ordinances (flood management
regulation) . On the basis of the preliminary information provided, the
development proposal seems reasonable.
Chapter 1313 requires that the City identify and delineate floodways,
fringe and flood hazard areas to the best of its ability. Based upon
that ordinance, the applicant must comply and clearly delineate all flood
data on all plans and documents. Any resulting no build zones will need
to be noted and respected through and after the development process. The
City Engineer cannot support any application unless the applicant agrees
to provide the information necessary and to restrict development or
construction on the basis of that information, as required by Chapter
1313 . The floodway (the actual channel that carries the flood waters)
must be properly sized, constructed and unrestricted, and Flood Zone A
(the level of the 100 year flood) must be completely identified on all
plans and documents with construction within it restricted accordingly.
Thus, only tentative approval of the layout can be given at this time due
to the flood issue. Only when the complete flood hazard documentation
has been received and accepted by the City can final approval actually be
given to this particular street pattern and lot layout. It is possible
that in order to successfully deal with the storm water, that one or
more lots may need to be eliminated. However, on the basis of the
preliminary information, this proposal may emerge intact.
Staff Report Addendum
February 7, 1991
Page 2
With regard to the issue which was discussed at great length at the last
meeting of the Planning and Zoning Commission, the road network, the
Staff is hopeful that the attached Policy Statement will be of some
assistance. While no commitment can prudently be made until public
hearings are held after the arterial system is in place, the statement
does reaffirm the preservation of the single family neighborhood as an
objective.
The proposal from the developer for the dedeication of a smaller park
site and his development of it has been openly presented in the text.
There are a couple of items which have not been made completely clear in
the latest documentation. Along the new proposed Wilcon Road, along the
entire southern exposure of the site, the applicant proposes to build a
fence to provide a consistent treatment as well as security for the new
residents. While the fence as proposed (board fence with stone columns)
is quite attractive, Staff would like to investigate a different solution
for the treatment of this area, one which relies more upon mounding and
vegetation and will improve with age. A homeowners' association is
proposed to take care of the long term maintenance of both the entry
features and the southern fence.
The Parks Director has met with the applicant and recommends that a
bikepath be installed with this development along the east side of
existing Wilcox Road. Another bikepath is proposed along the new
roadway, but this is expected to be installed as part of the road
construction project. However, there will be the need for an additional
easement to assure that a regulation width bikepath and the full roadway
can be installed. Sidewalks will be installed on all oof the remaining
street frontages. Although the street trees on the plan are shown as
exclusively internal to the development, street treet will be required on
the perimeter as well.
Staff is recommending approval of this Planned Low Density Residential
rezoning request subject to:
1. Resolution of the sanitary sewer diversion issue to the satisfaction
of the City Engineer in conjunction with the platting process;
2. Full compliance with the provisions of Chapter 1313; designation of
all flood hazard areas in all plans, plats, and documents after
submission of more complete flood documentation to the satisfaction of
the City Engineer, including plan modification if necessary;
3. Installation of the bikepath as requested and provision of adequate
easement area along the south property line for same;
4. Installation of sidewalks and street trees to meet Code;
5. Resolution of treatment and maintenance along the new right-of-way;
6. Right-of-Way dedication on perimeter to comply with Community Plan;
7. Revisions to the plan and text to clarify, correct information and
remove contradictions.
R reo
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ME1\10RANDUM
TO: Planning Commission
City Council
FROM: Development Department Staff
SUBJECT: Policy Statement Regarding Southwest Quadrant Planning
Efforts
DATE: January 31, 1991
It has become increasingly clear as Planning Commission and Council have addressed a number
of the rezonings and development issues facing the southwest quadrant that the City needs to
clearly articulate its policy regarding long-term planning for this area. In that regard, we
recommend that the City affIrm as follows:
1. The Southwest Area Master Plan, as adopted by the Dublin City Council dated 1/26/90
and revised 1/29/90, 2/5/90 and 2/8/90, currently reflects and embodies the City's
comprehensive plan for this area. Minor modifIcations to the plan have been reviewed
and approved as a result of rezonings within this area. However, the plan and the
policies contained therein have formed the primary basis for public and private decision
making in the southwest quadrant.
2. It is recognized that the Plan has not incorporated all of the critical analyses and
background studies needed to substantiate the recommendations contained therein, but
rather the Plan embodies the best efforts of the City, the developer, and the residents of
the neighborhood to provide a reasonable plan of how the area should and could develop.
3. The City of Dublin has established as a goal for 1991 the update of its comprehensive
plan. One major objective of that effort will be to perform all of the comprehensive
studies needed, particularly for the newly annexed areas, in order to update Dublin's
Community Plan. As it does for all areas of the City, the comprehensive plan provides
the guideline, framework and policies which guide both public capital improvement
programming decisions as well as private land use development decisions.
4. It is specifIcally not the policy of the City of Dublin that its comprehensive plans be
viewed as rigid, confIning documents which restrict the City's ability to respond to
changing conditions, new information, or unique development opportunities. It is also
understood, however, that major changes to proposed land uses, development objectives,
or public facilities within the plan need to be looked at in the context of their overall
impact on the surrounding community. As such, the City of Dublin affIrms that when
.
. it takes action to review or further amend its comprehensive plan it will do so only after
i it has fully considered all of the appropriate information provided by staff, residents, and
the affected property owners.
5. With specific regard to policy objectives in the southwest quadrant, the City reaffirms that
it has as one of its major policy objectives within the City's community plan the
preservation and enhancement of the character of the single family neighborhood which
currently exists in the area of Wilcox and Rings Roads. The City will continue, as part
of that policy objective, to look for ways to secure a means to discourage the funneling
of large volumes of thru-traffic into single family residential areas as this is inconsistent
with the Plan's objectives.
6. It is further recognized that a system of arterials is proposed in the Community Plan to
handle the thru-traffic needs of the southwest area. No actions can be taken to discourage
or reroute traffic from Wilcox and Rings Roads areas, however, until such time as
additional capital improvements are installed which implement the planned arterial
network to serve this area. Most specifically, these deal with realigning Wilcox Road,
extending Tuttle Crossing Boulevard to A very Road and providing for the extension of
Coffman Road on the north to Tuttle Crossing Boulevard on the south. The timing for
these improvements will be determined by a variety of factors, including their relative
need as determined by the City's long-term Capital Improvement Program, as well as the
development of key properties in this area which would provide for the private
implementation of certain of these improvements.
EXHIBIT "D"
Excerpt from Minutes of Dublin City Council Meeting on March 18, 1991
regarding Ordinance No. 90-90.
Ms. Maurer moved to approve the Ordinance as presented with the addition of
the easement which has been offered to permit access in and out of the
residential development; that the proposed fence be changed to a hedge;
that fences be permitted to be built pursuant to the requirements in the
plan for the protection of children; that the hedge be broken up by brick
pillars.
Mr. Sutphen seconded the motion.
Ms. Maurer and Mr. Sutphen agreed to add to the motion that the homeowners'
association will be responsible for continuing to maintain the entry
feature and the hedge along the southern boundary of the site, and that
that homeowners' association be properly funded.
Mrs. King moved to amend the motion by adding that the deeds be restricted
to allow only the types of fencing allowed in Indian Run.
Mr. Strip seconded the motion.
Mr. Ruma agreed to all of the above conditions.
Vote on Mrs. King's amendment - Mr. Amorose, yes; Mr. Sutphen, yes; Ms.
Maurer, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mayor
Rozanski, yes.
Vote on Ms. Maurer's motion. Mr. Campbell , yes; Mayor Rozanski, yes; Mrs.
King, no; Mr. Strip, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Amorose, yes.
Vote on the Ordinance. Mr. Sutphen, yes; Mr. Strip, yes; Mr. Campbell , yes;
Mr. Amorose, yes; Ms. Maurer, yes; Mrs. King, no; Mayor Rozanski, yes.
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DECLARATION OF LiL! I FES 4 1991\ L<
l I
SUBIHVISlON RESTRiCTiVE COVENANTS )":":~'q'~)'i;::'"R" !,'o';.,';; r.~
_J~.ul"H,~::._l~~~ :!)J ::." : ~J..~L_..,
The undersigned, (the "Declarant") being the owner of the following described
property (the "Property"):
does hereby make, declare, impose and adopt the following covenants, restrictions
and limitations upon the uses of the Property in furtherance of the following
purposes:
(a) The compliance with all zoning and similar govern-
mental regulations.
(b) The promot.Lon of heaJ.th, snfety and welfare of all
present and future owners and residents of tile Property.
(c) The preservat.l.on, benutI [lcat Lon and maintenance of
the Property mill 0..1.1 structures thereon.
(d) The preservntLon and promotion of environmental
qualities.
(e) The estab.l.:f.shment, [or development of the Property,
of requIrement!'! relating to .Iand une, nrchitecturnl
features and site plannIng.
The restrictions Ilnd covenants are hereby declared to inure to the benefit
of the Declarant, its successors and assigns, and ali future owners of any
lot and all others claiming under or through them ("Owners"). These restrictions
shall remain in force and effect until December 31, Thereafter, the
restrictions slla11 be automatically renewed for successive periods of ten years
each unless amended or terminated as provided herein. Any or all of these
restrictions may be amended in whole or .LII pnrt or termInated by a written
instrument executed by at least 75% of the then current Owners of record title
to the Property.
The determination by a court of competent Jurisdiction that any provision,
covenant, restriction or limitation of use of the Property or any lot therein
is invalid for any reason shall not nffect the validity of any other provision
hereof.
It is hereby declared that irreparable harm will result to tile Declarant
and other beneficiaries of these restrictive covenants by reason of violation
of the provisions hereof or default in the oh::Jervance thereof and therefore
each beneficiary shall be entitled to reLlef by wny of injunction, damnges
or specific performnnce to enforce the provlsions of these restrictive covenants
as well as any other relief avallnble nt law or ill equity.
The following restrictions are hereby created, declared and established:
l. I.and Use: All of the platted lots in
shall be used for single-family residentini purposes only. No building shall
be erected, altered, placed or permitted to remain on any lot that would exceed
two and one-half stories in he:lght, Hlld III 110 event shull any building be erected
to a height exceeding thirty-f:lve (35) feet from the finish grade of the building,
together with necessary accessory b1l1.l.dingB, Including garage.
,
. .
2. Lot Split: Except as a developer may find necessary, no lot shall
be split, divided or subdivided for sale, resale, gift, transfer or otherwise r
so as to create a new lot within the subdivision.
3. Trade or Commcrcinl Activ.lty nar.red: No trade or commercial activity
shall be conducted upon any lot, nor shall anything be done thereon which may
become an annoyance or nuisance to any of the owners of any lot in
provided, however, during the initial
construction sales period, the owner of any lot who is a developer or a new
home builder may conduct lot and home snles activities from a trailer, garage
or other structure. Notwithstanding the foregoing, such sales office must be
previously approved by Declarant.
'I. Plan Approval: For the purpose of maintaining specific architectural
guidelines and standards for tile development of all lots within
each owner of a lot shall be required to submit
one (1) set of complete building and site plans witll specifications for the
buildings intended to be erected thereon to the Declarant, setting forth the
general arrangements of the exterior of the structure, including the color and
texture of the building materials, the type and character of all windows, doors,
exterior light fixtures and nppurtenant elements such as decorative walls, fences,
chimneys, driveways nnd walkwnys and detn:L.l1ng the locntion of the structure on
the lot, including setbncks, driveway locations, garnge openings, orientation of
the structure to the topogrnphy and conformallce wLth the grading and drainage
plan. Each owner covenants thnt no excnvation shall be made, no building shall
be erec"ted, no fences instnlled, nnd 110 materials shalL be stored upon the
premises by said owner or his ngentB, heIrs, successors or assigns until the
Declnrant shall hnve npproved !'Intd plans and speclficntlolls in writing. If
the Declnrant fails withln thirty (10) days after receipt of said plans and
specifications, they shall be deemed to have been approved nnd the requirements
herein fulfilled. If the lJeclnrnnt disapproves said plans and specifications,
the owner may revifle nnd resuhmIt sn III p Inns and spec Ificntionfl until approval
is received. .
Each lot owner further acknowledges that the Declarant shall not
be responsible or liable to said owner or to any otller owner of lots in the
subdivision by reason of tile exercise of its judgment in npprpving or disap-
proving plnns submitted, nor sha1.J. It be '-Lable [or nny expenses entailed to
any lot owner in the preparation, submission and, if necessary, resubmission
of proposed plans and specifications.
Within the ensement arens designated on the recorded plat of
no structure, planting or other material shall
be placed or permitted to remain which may'dnnmge or interfere with the installa-
tion of utilities or the direction of the flow of the drainage channels or water
over said easement areas. The ensement aren of each lot and all surface improve-
ments thereon shall be mnlntnLned continuously hy the owner of said lot, except
for those improvements for which a pllbl:l.c nuthorHy or public utility company
is responsible.
5. Building Location: No building shall be 1.0cnted on any lot nearer
to the lot lines than the minimum bu U.di.ng front, renr nnd side lines as shown
on the recorded plat. For the purpm~es of this covenant, eaves, steps and
open porches shall not be consIdered ns n pnrt of n huUding; provlded, however,
thnt this shall not be construed to penult nny portion of the building on a
lot to encroach upon nny other lot. No portion of any lot nearer to any street
than the building setback lJ.nes shall bl? Ilsed for any purposes other than that
of a lawn, nor shall any fence or wall of any kind, for any purpose, be erected,
placed or suffered to remain on nny lot nearer to any street now existing, or
any hereafter created, than the front building lines of the building thereon,
excepting ornamental rallings, or fences not exceedJnr, three (3) feet in height
located on or adJa.cent to entrnnce plntforllls or steps.
6. Tempornry Res.ldence: No structure of n tempornry character, trnUer,
basement, tentt shack, gnrage, barn or other olltbuilding shall be used on any
lot at any time as a residence either temporarily or permanently.
7. Hlocellaneous Structur.es: No building, trailer, garage
or structure shall be placed upon any lot for storage or other purposes
without the express
written consent of lJeclarnnt, provided, however, for the purpose of a sales
office for the sale of lots and new homes, lJeclarnnt may permit a temporary
structure during the initial construction sales period.
-')-
.
8. Animals: No animals, birds, insects, livestock or poultry of any kind
shall be raised, bred or kept on any lot except dogs, cats and other household
pets which are kept for domestic purposes only, and are not kept, bred or
maintained for any commercial purpose. No kennels or other structure for
llnimals or pets shall be erected or maintained on any lot.
9. Waste Disposal: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be kept except in
sanitary containers. All equipment for the storage or disposal of such material
shall be kept in a clean and sanitary condition and removed from view from tIle
street and abutting properties.
10. Soils: No soil shall be removed for any commercial purpose.
11. Vehicles Not In Use: No automobile or motor driven vehicle shall
be left upon any lot for a period longer than thirty (30) days in a condition
wherein it is not able to be operated upon the public highway. After such 30
day period, the vehicle shall be considered a nuisance and detrimental to the
welfare of the above described real estate and shall be removed therefrom.
12. lIobb:f.eo: Hobbies or other actlvltles which tend to detract from
the aesthetic character of the subdivLs.l.on, and <lny improvements used in
connection with such hobbies or activities shall not be permitted unless carried
out or conducted within the building erected upon the lot and not viewable from
either the street or adjoining properties. This restriction refers specifically
but not exclusively to such activ:Lties as <lutolllobile, bicycle, moped, motorhoat
and sailboat repair.
13. noat, Trailer and Veh Icle l'arklng and Stornge: No truck, trailer,
boat, camper, recreational vehicle or cOl1l1uercinl vehicle shall be parked or stored
on any lot unless it is in a g<lrage or other vehIcle enclosure out of view from
the street and abutting propert tes; provl.c1ed, however, that nothing herein shnll
prohibit the occnslonnl nonrecurrlnl~ telllpnrnry pnrklng or such truck, trailer,
boa t , camper, recreatlon:ll vehIcle or comlllerc 1.:1 I vehlc.l.e on the premIse!': for a
period not to exceed seventy-two (72) hours In any period of thirty (30) days
or the use of a tempornry trailer durIng the Jnitlal construction period as
described in paragraph 3.
14. Garage: No dwelling may be coustructed on any lot unless an
enclosed garage for at least two automobiles i9 al90 constructed thereon.
15. Signo: No signs of any Hill) shall be displayed to the public view
on any lot, except one temporary sign of not more than twelve (12) square feet
advertising the property for sale or rent, or signs used by the builder to
advertise the property during the construction sales period.
16. Antennas: Television and radio antennas, whether rooftop or ground
mounted, including those of the "dish" type, shall be prohibited on the exterior
of any house or lot.
17. Clotheolineo: No clotheslines of any kind shall be permitted on
any lot_
18. Hnilboxeo: All mallhnxefl shall he of the Rome deRi gn nnd Rpecif ',cationR
llO determined by the Declarant and requested hy the at
the time of subdivision approval.
19. Grading and Drainage: No construction, grading or other improvements
shall be made to any lot if such improvement would interfere with or otherwise
alter the general grading and draining plan of the subdivision or any existing
swales, floodways.or other drainage configurations.
20. Fencing: Notwithstmuflllp, nllY other proviRion hereof, no chain link
or plastic fencing shall be permitted upon any portion of the lots or reserves
within No fence shall be erected on any lot
until the plans for such fence have been approved by Declarant pursuant to the
provisions of Article 4 herein.
21. Amendment by Declarant: Ileclarant reserves the right to amend or
modify these restrictions by a Declaration of Amendment if such amendment is
requested or required by FilA or VA to secure governmental approval for mortgage
financing purposes.
. .
22_ Violation: Violation or breach o~ any covenant or restriction herein
contained shall give to Declarant, and its successors and assigns, the right to
prosecute a proceeding at law or in equity against tIle person or persons who have
violated or are attempting to violate any of these restrictions to enjoin or
prevent them from so doing and/or to cause said violation to be remedied, or to
recover damages for said violation or violations.
23. Enforcement: Failure to enforce any covenant or restriction herein
contained shall in no event be deemed to he a waiver of tIle right to do so there-
after, nor of the right to enforce any other covennnt or restriction. Invalidation
of any of the foregoing covenants or restrictions by judgment or court order shall
in no manner affect the other covenants and restrictions contained herein, which
shall remain in full force and effect.
IN WITNESS W"EREOF, the Declarant has hereto executed and imposes these
restrictive covenants this day of ,
Signed and Acknowledged in nAV IDSON P\I1LLIPS, INC.
the Presence of:
ny
Charles J. Ruma, President
STATE OF OHIO 55:
FRANKLIN COUNTY
The foregoing instrument was acknowledged before me, a Notary Public, on
this day of ,
Notary Public
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