64-93 Ordinance AMENDED
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'.nn.64.~9.3u AMENDED Passed _________.___n..mmu___'nU uooo.___.19u___.
AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF 96.358
ACRES OF LAND, LOCATED ON THE SOUTH SIDE OF BRAND ROAD
BETWEEN AVERY ROAD AND MUIRFIELD DRIVE, FROM: R-l,
RESTRICTED SUBURBAN RESIDENTIAL DISTRICT, TO: R-3,
SUBURBAN RESIDENTIAL DISTRICT (HAWK'S NEST).
NOW, THEREFORE, BE IT ORDAIN~bY the Council of the City
of Dublin, state of Ohio, of the elected members
concurring:
Section 1. That the following described real estate (see
attached map marked Exhibit "A") situated in the City of
Dublin, State of Ohio, is hereby rezoned 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 and affected property owners, the
recommendations of the Planning and Zoning Commission,
Exhibit "C", are all incorporated into and made an
official part of this Ordinance and made an official part
of this Ordinance and said real estate shall be developed
and used in accordance therewith, and Exhibit "D", the
conditions agreed to by the applicant.
section 3. That this Ordinance shall take effect and be
in force from and after the earliest period allowed by
law.
Passed this ;? O-rJ.-.. day of r ,199'j.
~.
M r - Pr sldlng Offlcer
Attest:
~a~
Clerk of Council
Sponsor: Planning Division
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p~e\iminarY Plat
?CO Dub\inshire VI
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RECORD OF ACTION
.. ,,: ;. i ~ i': ~ ; , DUBLIN PLAA1]\'1NG A1\1) Z01\'1NG COMl\llSSION
JULY 8, 1993
The Planning and Zoning Commission took the following action in the application below at
its regular meeting:
CASE 2: Preliminary Plat - Dublinshire Section 6
APPLICANT: Holding Corporation of Ohio, c/o Timothy M. Kelley, 250 East Broad
Street, Columbus, OH 43215.
REQUEST: To approve the Preliminary Plat for 9.99 acres located on the northeast and
southeast corners of Dublinshire Drive and Muirfield Drive.
:MOTION: To approve this rezoning application with the following 19 conditions.
1) That any portion of the Bear Run floodplain on the site be clearly indicated on
the preliminary and final plats;
2) That the developer design and construct a bikepath along the north side of
Dublinshire Drive and provide any necessary easement for same;
3) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided
consistent with the area subject to Staff approval;
4) That the Dublinshire 6 name be used throughout the development process;
5) That Dublinshire Drive not provide vehicular access to the abutting lots;
6) That the layout be designed to meet the City Engineer's requirements as to
spacing between intersections, angles of intersection, cul-de-sac design,
easements, etc.;
7) That storm water detention be provided to meet the Dublin guidelines and meet
the approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the
City Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, if necessary,
to provide for the addition of left turn lane(s) at Muirfield Drive, as
determined by the City Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by
the developer for the future extension of Richens Drive to the north.
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REZONING APPLICATION Z93 -009
ORDINANC& NO. 64-93
HAWKt S NEST
The undersigned applicant hereby adds the following condit.ions
to Ordinance NO. 64-93 providing for the change of zoning of 96.358
a.cres of land located on the south side of Brand Road between ~very
Road and Muirfield Drive from R-l, Restricted Suburban Residential
District to R-3, Lindted Suburban Residential District (Hawk's
Nest) :
1. There shall be a minimum building setback of 200' from
Brand Road measured form the centerline of Brand Road along thQ
entire Brand Road frontage, except :Cor the lots located on the
entrance road into the subdivision from Brand Road, the building
setback for which shall be ~20' measured from the centerline of
Brand Road. Any other deviation from the 200' setback shall be
dependent upon an appropriate preliminary plat demonstrating
justification for such deviation as approved by the City.
2. The right-of-way wi.dths: for the interior streets and cul-
de-sac streets within Hawk's Nest ~hall be consistent with right-
ot-way widths for similar streets in surrounding Subdivisions. To
this end, the City snall apply consistent standards with respect to
approval of reductions in the minimum 60' right-of-way width for
subdivision streets pr the subdivision code so that the width of
interior streets and cul-de-sao streets for Bawk's N~st will be
consistent with surrounding developments. Sidewalks and street
trees shall be required along all streets per the Dublin Zoning
Code.
3. Applicant shall proYide a landscape plan ~cceptable to
the City or Dublin Planning Department which shall provide for
landscaping along Muirfield Ori ve in accordance with the best
landscaping standard established for ~roperties located south of
Hawk's Nest along Muix-field Drive; landscaping along Brand Road
with epecial emphasis on the corner of Muir!1eld Drive and Brand
Roa.d; and landscaping along Avery Road. Said landscape plans shall
be submitted with the preliminary plat and noted thereon.
4. The preliminary plat and/or construction plans for Hawk's
Nest will show left turn stacking laneSl for the subdivision
entrances from Avery and Brand Roads. If a median cut is required
by the City Engineer in MUir!ield Drive, left turn lanes will be
provided in connection with such median cut, if required.
5. All landmark oaks near Brand Road will be located in
parkland. Applicant agrees to conduct a tree survey dcsign~ting
the location of all trees 6" or greater in caliper a.nd to
SJS/BJG!J.;r.0202
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incorporace such !indings in connection with the subdivision design
and platting process.
6. Density will not exceed 2.2 units per acre.
7_ The preliminary plat will show sufficient open spdce for
relocation of Avery Road so as to align Avery Road south of Brand
Road with Avery Road north of Brand Road. Provided that the need
for the road is determined by the City within two years from the
date of this zoning ordinance, Applicant agrees to construct said
relocated Avery Road as apart of the subdivision improvements for
Hawk's N<=:st and to pay 1/2 the cost thereof, with the City to
reimburse applicant for the other 1/2 of the cost of said relocated
Avery Road.
8. Private deed restrictions similar to those in place for
nearby single family subdivisions shall be provided to main t.ain
standards already established in the area and said restrictions
shall be noted on plat.
9. A street light will be installed by Applicant at the
entrance roads to Hawk's Nest from Avery Road, Brand Road and
Muirfield Drive.
10. Finally! it is the City's position that wet.lands and
natural habitat areas shall be designated on your preliminary plat
and/or any other plan submittals. Layout and design of the
subdivision should be sensitive to these areas and shall follow the
reco~~endation6 of the Army Corps of Bngineers and other overseeing
agencies.
SJS/BJG/l10202
35505.112
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2 ~O E."ST BROAD STREET - --
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GOLt"lBt:S, OElO 4321~
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(814) 225'~77~
F.'>X (814) 225.1098
March 24, 1994
VIA TELEFAX AND U.S. Y..AIL
Ms. Barbara Clarke
Planning Director
City of Dublin
5800 Shier-Rings Road
Dublin, Ohio 43017
Re: Hawk's Nest
Dear Bobbie:
I have been instructed to formally request that the rezoning
request for the tract of land known as Hawk's Nest and described in
the attached legal description be revised to R-3, Suburban
Residential District. Therefore, the PLD plan that was submitted
for this property should be disregarded. We will begin preparation
of the preliminary plat as soon as possible and will seek City
input regarding platting issues once the rezoning is approved.
As I mentioned in yesterday's meeting, The Borror Corporation will
be submitting a plan for the rezoning of the property located at
the southeast corner of Brand Road and Muirfield Drive. The
request will be for a multi-family condominium development. The
Borror parcel may show that some of the required parkland
dedication will be met on the Hawk's Nest parcel. If so, this will
be shown on the preliminary plat for Hawk's Nest.
After checking my files, I find that we have a 1.58 acre park
credit left over from prior Dub1inshire zonings. It is our
intention to allocate this credit to the Borror parcel in
connection with the rezoning of that parcel.
If you feel that it would be helpful for the Planning Commission to
review generally the proposed use for the Borror parcel, I will be
happy to make arrangements for representatives of The Borror
Corporation to attend the meeting and present the plan. At this
point, since we are requesting different use classifications for
Hawk's Nest and the Borror parcel, a formal joinder of the rezoning
applications is not necessary. since it may be helpful for the
city to see the "big picture" and since we will be requesting that
some part of the parkland dedication for the Borror parcel be met
in the Hawk's Nest parcel, we will be glad to present information
on both parcels at any stage in the process that you request.
Meanwhile, it is our intention to move the R-3 request for Hawk's
Nest along as quickly as possible.
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Page Two
I confirm that I am authorized to make the amendment to the pending
zoning request for Hawk's Nest as described in this letter.
Could you please take the appropriate steps necessary to amend the
request for the rezoning of the Hawk's Nest parcel to R-3 so that
this request can be heard at the Planning' and zoning commission
Hearing in April? Please let me know as soon as possible if you
need anything further to process this request. Thank you.
Yours truly,
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Timothy M. Kelley
cc: Terry Foegler, Development Director, city of Dublin
Jim Houk, Bird, Houk & Associates
William Riat, The Borror Corporation
Dana G. Rinehart, Esq. , General Counsel, The Scherer Companies
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I EAST OF AVERY ROAD, !ll TEE CITY OF DUBLIH,
II CO~~TY OF rR;~KL!N, ST}..'!'E OF Oll!O !
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jl Sit\:eted in the St~te of Oli!o, Cou:oty of Fn.r.klin, City or I
,'DUb1i:l, ~e,i:'l; in virqinia p.ilitl!ry SU:"Vl;Y }io. 25~.(, cO:1taining
,!60.379 ~c=es or l~nd, ~c:e or less, said 60,379 aC~l;S being all cf:
'Ithe:'t SO.3i9 ac:re trt.ct of land cesiS:"lated as ?a:rcel 1 and
:Ict:scri::.:o i:"l ~>;hibit "A" i:'1 tl-.e ceed to n:e ~ha""';.ee Hills Lan::!
l:cc~Fa;.v, ot reccrd in C!tici~l ~ecord ~0575JOi, ?eccrcer's o!:ice,
1'::a;-.::11;, cc:.:::ty, c~io, said EO,379 acres of lend being r"cre
,'-ar-lc"'a-1v ce..c-lI...ed as #c~'o....s:
r H H --. -..- . H !
i Eecin:"ling a~ en 8l:;~ir.~~ cap in cc~c=ete (:ra;.~lin County
l~o::\:=e;.; reGS 66~S) ~t thG centerline intersecticn of ~rand ~oac i
:18:-,,:3 ;...\'ery i'oad (J..Vl;ry i\cad north of 5re:-.d i\ccc), the sar.,e bei;-,:; .,;-::
,i":;c'e -o'rt 'n t"e bO\.:""Ioary ct :::dd EO,379 acre trac": al'1d t~e .
Ii -. . - r -' .... .. . . ,
ljsC".:t::ees,:e::-1y co:-:-:er of tr:ao; ~,S5 ~c:-e tract of la;;d cescr:.~.ed_~~,:
I,,:r.e cee:s ':0 Vi:::il Te:rp:'e al",O ~~ars~a )... Te.=p1e, cf record ~n ~HC:
IIEoC.~~ 3t:7, r~S6 2:~ ~r.d t:eed ;:;;0).: 2657, :'cse :55, :>ecc::-cer's
I,C~":~.: -rG-t'~'n Co"n-y OhJo'
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:1 T~=:-:ce $-69'21'012"::, ....ith ~he ce:r.terlir:e of saitj ::ra:'1d road, !
:....'i':~ e. :-::r~~erly 1ir.e of ~aid eO.3i9 acre trae".:, ....ith the I
j1cc"-'" ......y l'-e 04 s~JcS 0 8S ac-e t-ac" ....~-h t"e co.'ther'y , ;-e c"
:_ '...."..c::._ _.. .. .. ..... _, ."." .. - -" _ __., -
l~':hat J7.EE3 Gcre tract cf la:'1d cesiS::~ted as Parcel 2 a:'1d i
!c::escri=ed in said "2xhibio: "A" a:'1d ",'ith the sou~herly li:'1e of that I
;p..SS2 t.c:-e trec': of land described i:l tl~e ceed to George M. i
:ir.eaclee e:-od Catherine Headlee, of record in Deed So ok 197!l, P~ge
j<:S, i'ecc:-:er's O!!ioe, franklin County, Ohio, crossi!'lq ~ raDroad I
llspike at the southeasterly corner ot said o.es ac:re tract at a I
:Idis':c:-.ce of 1~e.50 ~eet a:'1d crcssing a railroad spike at the !
,lscuth....,ssterly c:o:-ne::, or Gaid 1. $f2 '~o=e tract at a distance o~ '
ill,5~~,::~ ~e:e':, a ':ct~l dlst:!::ice of 1,713.55 teet to a railroad :
ilSpiy.c a: t~e :;cr~~ea5':erly corner of said 60,379 ac"e tract, the ~
~~a~e ;ein; the southeasterly ccrner of said 1.SE2 acre t:-act, said:
:!::-ail::-oad spike also being t.lie south\:ester1y corner of 'C~at O. i24 I
;jacre tract of la:'1d ces::;;-.at€-d as :;:;1'ce1 1 in the ceed 'Co the
rVi...,. (e..,) .. D."'n, Ob'., ., ...... 'n 0"'.'" ...... ,
I07572C:9 and t.he no:-t.h~ester1y corner or t.hat 2~.3S6 ac::-e tract of:
jland ~escri~ed in Exhibit "A" in t.he deed to Ohio Holding Co., o! I
;;r~~ord in Official F.eccrd 1(~4iG11, hecorcer's Office, Franklin .
:, Co\:ntv Oh'; O'
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:' The:-:ce S-3'~3'56"~, with an easterly 1i:'18 o! said EO,379 acrel
11't:-::.c'l: l::1d \"i'th 't~;e ....esterly li:;e of s~id 2(.3S6 ecre t.r~ct,
:jcrossing a 3/.(-incli (I,D.), :rcn pipe al: a cistance ot J:?,S5 feet,
::21 t.otal distance or 1,719.19 ~eet 'to a :!/~-inch (I. D.) hen pipe I
'iat a southeasterly cor:'1er of said eO.379 aere tract, the SLl::"e I
;;bci:"l9 the south.'esterly cer:'1er of said :?4. ::66 acre tract ,"nd in
lithe nort.herly line ot that 17.152 acre tract ot l~nd dl;scri~ed i~
:Ir:xhibit "~' in 'tr.e ceed to DUTir.-,ere ).,ssocie.t6s, >. Limited I
qrart~e~E~i?, of reccrd in Official Reoo~d 125E€Al~ ^ecercer'~ !
'lettice, Franklin Co\:nty, c'liio, said ire:, pipe e.l~o'=e~ng i!'l t.~e
'; !:c-.;-;:her~:r l:'.ne cf said Virginia lHlitary S-.:r,'ey }:o. 25H and i~ I
. - 0- e ,,-, ~.. - ;..., e ...., y '"I"... e c ~ V ~ ........ ~ .... ~ a l,' { , ~ ... - --, e t::.-\-O . l' .... (i ~ :"\ I
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. ~ llHen lB, 1993 f:.XIiJE3(T ll.A f
. , ct 0 C,..."",...",-
rrla~d ~Escribed in tXH!EIT "~" in the ~eed to Holding ~orpor~tion
,.ot Ohio, o~ record in Of!ic1al Reccrd 1~~47G19, necercer's Office,
IFra~klin County, Ohio , ~ith the southerly line of sa~d virginia
':lliliary S'~:-vey };o. 2:H arid ....ith the northerly line cf said
':Vir;i:-::.a Xilitary S'.:I'"\'EY }:o. :l010, a ciEtance of Et,5.27 feet to a
!::!/~-i:-.ch (I.D.) iron pipe at a sOllth....esterly corner of said eO.~';9
:'acre "ract, the sa::-.e being t.~e southeasterly corner of 'th:lt 2.1:1:1
:'" cre tnct cf land cescr ibec in the ceed to R'.Jssell Sr..: th ar.d ,:rea;)
i!S:::i-:.h, of record in Deed Eeek :I:H', Fase ::51, 1\6CCrCf::r's Office,
iFra:-.klin Co'.:r.ty, chio;
!l :;..!O:">ce }~-:'.6':l:'.';1";,J, '.:ith a ....estf:rly line of said SO.3i9 acre
:It::-act., ....i-:.h t.~e eHte:rly l:.:;e or said 2.133 acre trae": a;-:d ....ith
!!t;:e HS':Er:y lir.e cf -:'::a't 2. C€6 acre trect of la:;:i cEscri::,e:i in
]\;:e cer:d to J..l1an J. Sc:-.ltict e~d Linca H. Scb:dct, of recc::-d b
':C!:"ic:al ?ccord 0'3:;5:;.~.07, P,ecorcer's Cffice, Frar.}:l:n Co'.::;.":y,
:!cnio, a ~istenC'.e of .:CO,OO :eet to a '3/4-inch (I.D.) i:-on pipe at
j1a ec::-:-;cr of said so. :;79 acre t::-act, t:-.e sa!:e being the
IIncr-:':-;E!s:erly corner c~ said :2.066 aere 'Crae'.:;
!I . h ., 1i f "
"j 7~;erlce S-i~'!~'~jUi.(, ....:..t. a so\.:tner..y l1a u sa:.~ eO.~i9
:.acre t~act a~d ~ith t~e nort~erly line ef said 2.066 ~cre tr~ct,
;::::-0551:-:; II j/~-ir;ch (!.D.) ire:'! pipe at a distance or 00.04 :"Ht,.
;:a tc";.al c:stanee of ~50.04 ~ee'C to a railread spike ::"1 the 'I'
reente:-1ir.e of hvery :Road at a sout.n\.'esterly corner ef said 60.:3';9
:lecre tract, the se~e ~e:ng t~e northeasterly corner of said 2.066 ,
':acre t.:oact.:
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: 7r.ence H-16':;l':!1"W, ...':t~ 'the centerline of s!~d h\'erJ' j:.o:ld I
:and ~ith the ~estern~o5t line ot said SO.~i9 acre tract, a .
l'Oi5t1>:;ce of 2,0;75.19 :'eet to an a:'.-';1dn\:::l eap in eonc:-et.e (Frar.}:l:n,
lco-.;nty Hcnu~ent Fees ~6~7) at the cent.er11no intersection of Brand'
jncad anj Avery Road (Avery Road south ot Erand Road), the sa~e I
IjbCin; a ;.ort.h....este::rly corner of said 50.379 ec:-e t:-act; I
'j '!'~e:-:ce 5-62'50;'00"::, "'~~h -che cen'::erl~~e c! 52:id ==-a:;d r.cad
l:and ....::...h II no:-t~e:-ly line cf said EO.:3i9 acre tract, a c!stance of
;i~S2.e3 !eet to the peint ot bcqinning and containing EO.:379 acr6S
I: of land, :r.ore or less.
,:
:1 Su:-jeot to all rishts-c~-..'ui', easer..en-cs and restrictions, if
(:"~y, o! previous record. J..lso s\lbject to all le9al hiSh....el's. i
I "e hereby state t~at the !ore90in; description ~as prepared i
I !:-om ir:~cr~atien o~tai;.e~ !:-c~ en field E'.JI'Vey conc~c"'ed by 9a~Er,:
f)2:V1CSOn & 1'lerchent, ~nc. i;, Septe1:.ber llnd October of 192e. I
Iii ~1l of the survey r..2::,}:e:-s noted in the foregoing cesc:dption :
,..'ere 1n "'lace in Xarch of 1993. . ~
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!l The beerinss Qiven in t.he !c>regoiliCJ descrIpt.ion corresccnd tn'
il~he bea:inQs 5~O"'~ on the reccr~ed pl~t of Muirtie:'.d Villase Pha&e:
1;0, of record 1n Plat :cck €6, r2:ses 55, 5~ and 57, neeorcer's
.,Cffice, franklin Co-;.:~.ty, Ch~o. !
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;1 ? oressional S\lrvcyor 110, t:~~2 i
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Situated in the StAte of Ohio, Count)' of Pra.nkl1n, Cit}' of Dublin, Virginia MlliUlI')' Survey 2544
l11d beinllS.791 &Cres of 1l11d out of In orlgina124,386 u:re tuet 11 conveyed to Ohio Holding
Comptny of ~ord In ORVIU47011e.nd 0.188 acres of land out of an orlgina.l14,730 ~ tnCt
U conveyed to Ohio ~ldln, Comp!n)' of record in ORY1.u.4101S (all deed reference. refer
to the reconil of the Recorder'. Offico, frWlln County, Ohio) a.nd d..ucrlbed u follow!:
Bcginnin. for rtfennee It tho centerline Lntenccucn or Bra.nd Road 'WIth Avert Roa.d;
Thence South 82.:28'39" EUl with the centerUne of u.ld Bnnd Road 1 dist.anee of 392.71 feet
to a point;
Thence South tSllv't1'14" Eut oontinuing \lith uid centerllne a dlltAnce of 1714.69 feet to the
northwesterly comer of It..ld arlJinal 24,3S6 acre trLCt and the tnle point of beginning for this
descriptioni
ThcnC'C South 68047'41" Eut condnuina with a.aid cenle:rllne a dlSt.AJ1ce of 619,68 (eet to a point;
TbeDco South 21.1:Z'19" Weat I. dlsWlct of 50.00 feel to 1 point In the southerly right.o!....'!y
llne of s.ai.d Bnnd Roadi
Thence South 68'47'41" But with sUd southerly right-ot.way line a. dhW1ce of 77.05 feet to a
polnl of curvaturei
Thence continuing with Wd southaly right.or-way line with .. cW'Vc to the right having a ceotTnl
&nglo of 960M'S9" , radJul of 170,00 fut whOle chord bun South ;w02S'12" East l chord.
dillAtlte of 2.54,1.5 feel to I. point of compound CW'VB.tW"e in the westerly right-of.way line of
MuLrficLd Drive;
Thene~ with the ""Utal)' riahl-ot-way line of said MWr5eld Drive the following two counes:
1) With a curve to the right having a centnl angle of 07039'40" a radlus o! 1500.00 feet
whose chord bem South 310~1'08" West 1 chord dilla1lce of 200.42 feet to a. point of
reverie Curvlturtj
2) With a curve to the left having. central angle of 30'19'23" a radius of 1950.00 rut
whOlt chord bean South 20027'16" We5l a chord disrAnce of 1020,01 feel to a point in
the loutherly line ot said orI~ 2.4.386 a.cre tn.cli
Thence South 72015'40" West with lald ,outherly line a dJlt.J.nce of 176.81 feel to the
~outhwestetly COrDC1' of &A.ld 14.386 a.cl'e tract;
Thence North 02'59'27" .welt with u.ld westerly line a disWlce of 1719.13 feet to the truo poinl
or beiinnlng and containing 15.979 ams ot land more or leui
ThIs delcrlption wu prepared by Civil Engineering Auc.:lal.es in Columbus, OhIo for tOning
purposes only.
fupared: Junc 29, 1993
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Phcto~r.ph. _: Other ----- CIPeelr;;---
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ant pr.bobly :u:ur. land u.. char.et.r or the vle1"'lt1.
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';'ha C::,. d !lu~lin "::1 r.:kc .'er, .Hon to ht.. ~hest servltes :\'cilcbll!
os nec~cd. He"'c\-'er, thl! ap1d t.e.'~h of the C1:, d !lub:in end Nerth~est
rrenk:~n Co~n:y h:. strctthed :hc C1t,'. tnl'Oeil, to pre'~~e the.e '.r"ce~
:0 ~he :!r.~t. I,s nth, ~he Ci:y ef ~"bl:n r~,. be ~ntble ~o rook. 011 tr port
tf ~:id fctll::lc. :vtilotl. :0 :h. CPFlltcnt until 'o~. !~t~r. ~etc.
Th. ~nLc.s!incd hercby ct.no.loLic. end underllond. the !orcEeint.
~ \ ^~ I ~ ~. . M~~ ~,u~
:d:c \ SlE~~~~Jf-1.ppHt.nt .r .~th.rl:ed
representet:y. thereof.
On behalf or:
~e Sh.~~ee Hills L.nd Co.
AppHc:cnt
r
-
.
.
. '. . . . - . .-.
.
,
II -;:..
EXI-li/3JT 13
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11
" ";;;.;;;..-::"'t.'-~_~ ~ ~_ ~..::..-_::::~___"-=~:~~_.:-::!-~..-:::..__ __ _. ~.:;........:;:...-.:.:;...-_-::...--S:.;::<- -- , . ---';:" ---~-.::.-----~~,...........,..,.~ - ~ -- - -- --
. ~ - -
:"::J,J}..C::::\T ?RO?ER7Y O'r~\E:\S:
~~~~ere Associates, Lto.
:/0 ;)0;")a1d w. Kelley & .~.s soe.
".;ite 1100
":0 ~. 3:-oad St.
:cl-..:.::-.zus, Chio ';::215
~lla~ & Li~ca~ Sc~~ict
~02 J...\'e:-y Re.
::.:.=li:1, O~.io 0017
?T. & M.J. 5:r.i t:'
~ ~ CO ;'.ve=y ~c.
:)-;;:;1:.:'l, v~.io ';::017
'illase cf ;)~;:;1:.:'l
::665 ;)ubli:l Re.
:'.;.;:;1:.:'l, vi-.io ';::017
:~cia:'l Ru:'l United Me~hodist Church
:: :)~:::li~, :..::.c.
:::'00 ?ost Re.
~-..:;:;li:'l, O::io 0017
-:~ir~ield ~ssociatio~1 ~::c.
:/0 :~ciJ.:e Ecer
'372 Muir:ield Dr.
.-":~.;.:':'l, v~.io 0017
:~e\'e & Car01~:'l Ra:'ld
200 ==a:-.o Rc.
'.-"-, ~-- O::io 0017
~---_..,
,ie:.ard L. Coulter
:00 Brand Re.
.'-.:;:.1:.:'l, 0:::'0 0017
-
.~e Co~~t=y Cl~~ at ~uirfield Village
,i5 !>h,r:ield Dr.
".;.;:;1 i:'l, O::io 43017
'irSil & M.A. Te:r.?le
';00 3ra::d Rd. .
"'~~=li:1, O:.io 0017
::....:. :'l & Er....i:'l
205 ::J'.;.b1:.n RcL
-."-., .:. ~ C::io 0017
-~-_.. ,
'h~ ~~o..LVN~ ~i 11s /-aND Co.
;0 JttfRc~ L B(Cw n
- r() rfH '" /-IF; 1-1;.
7 W 8RoAD Si1<c ~ r
OLS OHL!3'2tS
~XH. ,8 IT II L~ .
DUBLIN PL~1NG Morn Z01\iJNG C01\1l\1ISSION
April 7, 1994
n (iF DlE:L1\
The Planning and Zoning Commission took the following action in the application below at its
regular meeting:
7. Rezoning Application Z93-009 - Hawk!s Nest
Location: 96,358 acres located south of Brand Road between Avery Road and Muirfield
Drive.
Existing Zoning: R-1, Restricted Suburban Residential District.
Request: R-3, Limited Suburban Residential District.
Proposed Use: Single-family residential development of 80-foot lots.
Applicant: The Shawnee Hills Land Company and Holding Corporation of Ohio,
c/o Timothy Kelley, 250 East Broad Street, Suite 1100, Columbus, OR 43215-3721.
MOTION #1: To approve this rezoning application.
The three bases for this motion are:
1) The area is appropriate for additional single-family development.
2) The developed density of this site will be consistent with the Community Plan and the
surroun&:1g area.
3) This forw ~d style of housing will continue the pattern in place.
VOTE: 5-1.
RESULT: This rezoning application was approved.
:MOTION #2: To recommend to Council that the City sponsor a study and assessment
perfonned by a third party engineer to establish the extent and condition of the
wetlands.
*The applicant gave consent for the property to be entered for the study.
VOTE: 6-0.
RESULT: The recommendation will be made to Council.
STAFF CERTIFICATION:
{iL~Jt;JI~
Barbara M. Clarke
Director of Planning
Dublin Planning and Zoning Commission
Staff Report - April 7, 1994
~ -. : 2- " . -...-' ''''- - .. .. . . (~ ~.... .. - . . .- - - - -~ - ~-- -
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CASE 7: Rezoning Application - Z93-009 - Hawk's Nest
Applicant: The Shawnee Hills Land Company and Holding Corporation of Ohio, c/o Timothy
Kelley, 250 East Broad Street, Suite 1100, Columbus, OH 43215-3721.
REQUEST: To rezone 96.3 acres located south of Brand Road between Avery Road and
Muirfield Drive from R-l, Restricted Suburban Residential District to R-3,
Suburban Residential District.
BACKGROIDU):
The property has been zoned R-l, Restricted Suburban Residential, since its annexation in 1973.
The site was included in the 1989 Concept Plan called Dunmere. It included 263 acres of what
is now Dublinshire 4, 5 and 6 and Muirfield Drive. Dunmere never proceeded past the Concept
Plan stage. This 96.3-acre site was also considered as a possible site for Dublin's second High
School, which is now under construction on new Hard Road.
This application was filed last summer requesting the PLR, Planned Low Density Residential
District, for a single-family development. It was scheduled on the Commission's agenda but
removed without discussion. The application has recently been revised and now requests R-3,
Suburban Residential District. The R-3 district permits single-family development of not greater
than 3.0 units per acre, and each lot is to be minimally configured to be 80 feet in width at the
building line and 10,000 square feet in area. The regulations governing the rezoning process
in this case are contained in Chapter 1125, and the R-3 standards are included in Chapter 1151.
Because the developer is not utilizing one of the planned districts, this review is much less
rigorous than is usual for a rezoning, and the developer is not required to submit a plan for
consideration.
The Planning and Zoning Commission shall make its recommendation on the rezoning requested
and then return the application to City Council for a second reading at which a public hearing
will be conducted. Following that, City Council will vote on the ordinance. A two-thirds vote
of Council is required in order to override the recommendation of the Commission. If
approved, the proposal will be reviewed under preliminary and final platting procedures. The
preliminary plat review will include determination of the size, type and location of parkes),
appropriate setbacks and buffers, access points into the subdivision, layout, streetlighting, left
turn lanes, utilities, etc.
CONSIDERA nONS:
0 The site is bounded by Muirfield Drive on the east, Brand Road on the north, Avery
Road on the west and Dublinshire 4 on the south. It includes two parcels. One is a
fairly narrow triangular tract along the west side of Muirfie1d Drive and the other is an
80-acre parcel on the southeast comer of Muirfield Drive and Avery Road. They are
separately owned.
0 Across Brand Road to the north is land which was recently rezoned PUD, Planned Unit
Development District, for a single-family development called Lochmuir. Across
Muirfield Drive to the east is undeveloped land zoned R-l, Restricted Suburban
-
Dublin Planning and Zoning Commission
; Staff Report - April 7, 1994
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0 In the southwest corner of the property, fronting on Avery Road are two single-family
homes (R-l) not included in this proposal. South of the site is Dublinshire 4, Phase 2,
zoned PLR, Planned Low Density Residential District. It has received preliminary plat
approval and will have a connecting street into this development.
0 The site consists of several large open fields with long views across the area. Two
fencerows run north/south through the site, and another runs along the south property
line. The site also has two wooded lots, one located opposite Avery Park just north of
the two homes and the other located in the southeastern section. The latter woods
contains two ponds or low, wet areas, one of which appears to be manmade. There is
a landmark oak, very large with very good form, in the middle of the northern field, and
which is visible from Brand Road. Plans for tree preservation should accompany the
preliminary plat.
0 Stormwater areas are likely to be located at the Muirfield/Brand corner and at the
southwest corner of the site. Preliminary drainage plans have not yet been prepared.
0 The R-3 zone will permit a maximum gross density of 3.0 units per acre. Other densities
in the area are between two and three units per acre generally. Dublinshire 4,
immediately to the south, has an approximate density of 2.6 dwelling units per acre, and
Lochmuir (a future phase of Muirfield) will have a density of about 1.5 dwelling units
per acre. All of the lots within Hawk's Nest subdivision will be a minimum of 80 feet
in width and 10,000 square feet in area.
0 The parkland dedication for this site will depend upon the number of lots to be platted.
Park location(s) and appropriateness will be reviewed at the preliminary plat stage. The
expected amount of park will be between 12.5 acres (density of 2.0 dwelling units per
acre) and 17.7 acres (maximum density of 3.0). Park goals for the site include creating
a neighborhood park with six-seven dry, usable acres, crediting as park the residual
parcel created by the realignment of A very Road, incorporating at least a portion of the
woods and the landmark oak on the site's north end within park areas. A bikepath plan
should also accompany the preliminary plat.
0 The Community Plan calls for the straightening of Avery Road at Brand Road. This
involves the northwest corner of this property and should be completed along with this
development. The preliminary plat needs to include this realignment. Brand and Avery
Road rights-of-way consistent with the Community Plan should be indicated at the
platting stage as well.
0 Access into the site should be located at safe and logical points. Properly aligned four-
way intersections are encouraged. Left turn lanes on all legs of the intersections into the
site with Brand Road, Avery Road and Muirfield Drive (if full access points) should be
provided, as well as street lighting at those entry points.
0 Access to Dublinshire 4 to the south is also needed. A condition of the Dublinshire 4
preliminary plat states that Reserve 1 in Dublinshire 4, Phase 2 should be platted as a
stubbed street to the north. This access point should be continued into the subdivision
on the Hawk's Nest preliminary plat.
0 Sanitary sewer service is currently unavailable to the site. Sanitary sewer service must
be provided from an extension of an existing 24-inch sanitary trunk located on the north
side of Dublinshire Drive approximately 500 feet east of Muirfield Drive. It will be
Dublin Planning and Zoning Commission
Staff Report - April 7, 1994
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0 Water service is available from existing lines along Brand Road, Avery Road and
Muirfield Drive.
0 Stonnwater management should be provided according to City of Dublin standards.
0 The setback required by Code along Muirfield Drive is one-half the width of the right-of-
way. Due to the extremely wide median in this vicinity, the required setback will exceed
50 feet. Along Brand Road, the required setback is 40 feet, but a policy-driven setback
of 200 feet has been employed in a number of other developments along Brand Road
through a variety of techniques. The larger setback should be incorporated, wherever
possible, into the design and layout.
STAFF RECOMMENDATION:
The application is straightforward, and Staff recommends approval. The more complex issues
will come into play during the preliminary plat review. This site is appropriate for the
development of a subdivision of 80-foot lots. The developer may not have some of the
flexibility nonnally available through the planned districts, but an R-3 subdivision will be quite
difficult to visually detect after development, without the aid of a zoning map.
Bases:
1) The area is appropriate for additional single-family development.
2) The developed density of this site will be consistent with the Community Plan and
the surrounding area.
3) This fonn and style of housing will continue the pattern in place.
ADDmONAL Th"TORMATION:
If approved by City Council, this site will be subject to the preliminary plat review process. At
that time, issues such as the appropriate setback along Brand Road, amount and location of park
dedication, realignment of A very Road, subdivision layout, points of access, utility placement
and design, tree preservation measures, buffers, landscape treatment, entry features, signage,
improvements required and standards for same, etc., will be considered.
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RECORD OF ACTION
DliBL~ PLA.l\~l]\G A..,\1) ZO~1NG CO!\L\DSSION
--- u _ _ _. , AUGUST 5, 1993
- -
The Planning and Zoning Commission took no action on the application below at its regular
meeting:
10. Rezoning Application Z93-009 - Ha"k!s Nest
Location: 96.3 acres located south of Brand Road bem'een Avery Road and Muirfield
Drive.
Existing Zoning: R-1, Restricted Suburban Residential District.
Request: PLR, Planned Low Density Residential District under the provisions of Section
1181.02.
Proposed 'Use: 222 single-family lots and 19.5 acres of open space.
Applicant: The Shawnee Hills Land Company and Holding Corporation of Ohio,
c/o Jeffrey L. Brown, Smith and Hale, 37 West Broad Street, Suite 725, Columbus, OH
43215.
RESULT: This rezoning application will be held over until a future meeting. It was not
discussed, and no vote was taken.
STAFF CERTIDCATION:
~n ,(rl2u
Barbara M. Clarke
Director of Planning
Rezoning Application
Z93-009
Hawk's Nest
History
i
Dublin Planning and Zoning Commission
Minutes - April 7, 1994
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above four conditions.
Mr. Sutphen made the motion to approve this revised Final Development Plan with the following
four conditions:
1) That additional evergreens be planted along the north property line and adjacent to the
new service doors, subject to Staff approval;
2) That any de.-ad or missing plant material be replaced by October 15, 1994, as determined
by a landscape inspection to be conducted this summer;
3) That the metal service doors be painted to match the color of the existing siding; and
4) That the proposed sign comply with all code requirements.
The bases of approval are:
1) The plan complies with the Preliminary Development Plan for Metro Center.
2) The proposed building revisions meet the intent of the Dublin Community Plan.
3) The plan is consistent with the character alre.-ady established within the Metro
Center office park.
John Ferrara seconded the motion, and the vote was as follows: Mr. Peplow, yes; Mr. Sutphen,
yes; Mr. Rauh, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, absent; and Mr. Ferrara, yes.
(Approved 5-0.)
7. Rezoning Application Z93-009 - Hawk's Nest
Bobbie Clarke presented this application for 96.358 acres from R-l, Restricted Suburban
Residential District, to R-3, Suburban Residential District. Because R-3 is not a planned district,
a much lower level of detail was submitted. No plan has been submitted for the Commission's
review. Ms. Clarke said the site was annexed to the City in 1973. It was within the Dunmere
Concept Plan which included several hundred acres in the Northwest Quadrant.
Within the site there are several tree lines, a major oak tree, and an are.-a containing a pond.
The rest of the site is fonner farmland and is open. The Community Plan calls for Avery Road
to be realigned.
Ms. Clarke said this application originally was submitted as a PLR, Planned Low Density
Residential District, and fe.-atured 70 and 75 foot lots. The R-3 designation presently requested
has a minimum lot width of 80 feet. She said the issue to be voted upon was the lot size and
density. Maximum density will be three units per acre and minimum lot size is 10,000 square
feet. At the time of preliminary plat, issues such as park location, how many acres, what gets
park credit and what does not, setbacks, which roads get aligned and which do not, which ones
get stubbed, left turn lanes, streetlighting at the entryway, etc., will be addressed.
Ms. Clarke said the establishment of R-3 zoning is in compliance with the Community Plan.
It will provide for another single-family neighborhood that is consistent with the rest of the area.
At two units per acre, it will generate 12.5 acres of parkland and with the maximum density of
three units per acre, it will generate 17.7 acres of parkland. Due to the realignment of Avery
-
Dublin Planning and Zoning Commission
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parkland. The developer should be responsible for the realignment of the road with site
development. Sanitary service is currently unavailable, and a 24-inch sanitary trunk which is
currently at Dublinshire Drive will be extended along Dublinshire Drive and then north along
the east side of Muirfield Drive, and west across the Brand Road frontage. It is the City's
policy to establish a 200-foot setback along Brand Road. By Code, the minimum setback is 40
feet from the new right-of-way line, (80 feet from centerline.) Staff would like to work through
that issue with the developer to incorporate a larger setback wherever possible when the layout
and design are reviewed at the preliminary plat stage.
Staff is recommending approval of this application. There are no complex issues at this stage.
It is appropriate for a single-family development with this density. Ms. Clarke said Catherin
Headlee had shared her insights on the property with Staff, and it appeared that before
preliminary plat review, the City should do some wetland investigation.
Chuck Kranstuber asked whether approval of this rezoning would prevent the Commission from
adding setbacks, etc. later. Ms. Clarke said this rezoning application did limit further
restrictions. \Vhen an R-3 zoning is approved, if the developer meets reasonable platting
requirements, the subdivision should be approved at the density of three units per acre. If it is
determined that there is some wetlands area that cannot be developed, that will have to be dealt
with later. Normally, the Commission will know the layout, but in this case they do not.
Mr. Kranstuber said in light of the low density character of Brand Road and in Muirfield, three
to an acre seemed high to him.
Mr. Rauh asked whether the lots would be much smaller if a 200-foot setback was desired and
an R-3 zoning was approved. Ms. Clarke said the placement of the park, storm water detention
basins, and open space will be issues addressed when the preliminary plat is submitted.
She felt the developer would, if the City required a 200-foot setback, expect some parkland
credit. Ms. Clarke said that in an R-3 District it was not possible to plat lots narrower than 80
feet.
Mr. Kranstuber said the 200-foot setback was required along most of Brand Road. He feels it
may not be appropriate to credit the 200-foot setback for parkland. He was surprised at Staffs
approach.
Mr. Kranstuber asked about the density of Muirfield. Ms. Clarke said it was 1.26 dwelling
units per acre (du/ac). Ms. Newcomb said the density of Coventry Woods was 1.6 du/ac; Indian
Run Meadows is 2.64; Earlington Village is 3.38; Hemingway Village is 2.61; Lochmuir is
approximately 1; and Shannon Glen is 1.99.
Timothy Kelley, representing the applicants, Ohio Holding Company and Shawnee Hills Land
Company, said the R-3 zoning classification was in place before the parkland requirement was
in place. He said the density for the area in the Master Plan called for two to four dwelling
units per acre. The density will be below 2.7 du/ac in this development due to the parkland
Dublin Planning and Zoning Commission
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that a recommendation was needed from Staff saying that this was the type of parkland desired.
Mr. Kranstuber asked Mr. Kelley how he felt about the 2oo-foot setback. Mr. Kelley said they
would expect some parkland credit for it, but he acknowledged that a certain area in the center
of the site should be parkland.
Dan Sutphen asked that the wetlands issue be answered by a third party engineer. Mr. Kelley
said he understood the importance of the wetlands issue, including federal penalties.
Mr, Sutphen addressed the drainage issue. He said there was a drain tile draining across the
property from A very Road Park that goes in front of the Headlee property and ends in either the
ditch or creek. Mr. Sutphen said the drainage should be studied and properly handled by the
developer. Ms. Clarke asked where this was located. He said it was in Avery Road Park near
the oak tree. Ms. Headlee said it was where the City had placed an underground drain for
A very Road Park and across A very Road coming out in front of her property in a big hole west
of her property to the North Fork of Indian Run.
Mr. Sutphen stated that no blasting was allowed in Dublin.
Mr. Rauh asked Mr. Kelley about the Avery Road realignment. Mr. Kelley said that the land
needed to be set aside, and he did not agree that it should be the developer's obligation.
Cathern Headlee indicated (on the slide of the site area) where the spring-fed pond and wetlands
existed. She said the area had never been farmed because it had always been wet. In the 1940s
the land was taken over by the Ohio Department of Natural Resources for a natural game
preserve. The Ohio Conservation Soil Act in the 19505 determined that more water was needed
for the animals and the pond was to be made larger. A bulldozer was nearly lost due to the
amount of water in a layer of fine sand. That was the end of the improvement to the pond. In
the 1960s the City of Columbus wanted to make this site their upland water storage area. Ms.
Headlee felt an R-3 zoning was not appropriate and that the site should be better planned.
Allen Schmidt, 7422 Avery Road, said the flood problem he had was the result of the drainage
from the property immediately to the north of him. He was concerned that upon development
of the property adequate consideration be given to the surface water.
Mr. Schmidt said that in his 2 acres he had 23 landmark trees. He thought there were quite a
few landmark trees here, and asked that the trees be considered a community asset and
protected .
Mr. Ferrara asked for further information about the responsibility of the wetlands study. Ms.
Clarke said typically when a support study is needed on any issue, the developer provides it.
The cost of doing a wetlands assessment is minimal. Mr. Ferrara felt before a net acreage could
be figured, the wetlands needed to be determined. Mr. Rauh agreed.
',' Dublin Planning and Zoning Commission
; MimJJes - April 7, 1994
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Mr. Kelley said, by Code, the drainage issues would be specifically addressed and answered.
He said their update wetland study would be shared with the City. The study showed no
significant wetlands. If wetlands are discovered after the zoning, Mr. Kelley said they would
have a problem because it would limit the number of lots available. He was willing to look at
a second opinion on the wetlands area.
Dan Sutphen suggested that the City sponsor a third-party engineer to assess the wetlands issue.
Mr. Banchefsky said because a study involved spending money, it would be Council's decision.
The Commission should make a recommendation for such funding.
Mr. Kelley gave consent for entry onto the property to do the study.
Randy Bowman made the suggestion that the Engineering staff could review with the applicant
his wetlands or soils study.
Mr. Foegler said Council directing Staff to have an independent wetlands analysis done would
be appropriate.
Ms. Chinnici-Zuercher made the motion to approve this rezoning application on the following
three bases:
1) The area is appropriate for additional single-family development.
2) The developed density of this site will be consistent with the Community Plan and the
surrounding area.
3) This form and style of housing will continue the pattern in place.
Mr. Kranstuber seconded the motion, and the vote was as follows: Mr. Ferrara, yes; Mr.
Peplow, yes; Mr. Sutphen, no; Mr. Rauh, yes; Ms. Chinnici-Zuercher, yes; and Mr.
Kranstuber, yes. (Approved 5-1.)
Mr. Sutphen then made a motion to recommend to Council that the City sponsor a study and
assessment to be performed by a third party engineer to establish the extent and condition of the
wetlands. Ms. Chinnici-Zuercher seconded the motion and the vote was as follows: Mr.
Ferrara, yes; Mr. Peplow, yes; Mr. Sutphen, yes; Mr. Rauh, yes; Ms. Chinnici-Zuercher, yes;
and Mr. Kranstuber, yes. (Approved 6-0.)
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
~~'!~
Planning Division Secretary
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r'jA'(-16-1 '3'34 12: 19 FRm'l CITY OF DUEL I t'l DEIJ. DEF'T. TO '37E,16590 P.Ol
O~/la/94 ll:37 .~1 614 228 1098 DONALD W KELI...E\' ~..... DUBLIN ~OO2l0(l2
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Tmo'X'H'Y M. KELLEY
A'tTcmN.a'r' AT LAW
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May 16, 1994
Via Fax 221-0216
st$ve Smith, Esq.
Law Director, city of Duhlin
Carlisle, Patohen & Murphy
366 East Broad street
Columbus, Ohio 43215
Re; Hawk's Ne~t Rezoning
(ordinanoe No. 64-93)
n.ar st"V$:
On behalf of the applicant for the above referenoed rezoning, I
am sendinq thiQ latter to request that the third ~eaQinq for the
Ordin~nce be tabled until the nQxt soheduled council M8&tinq to
b~ held on June 6, 1994. This w~ll qive ~s ~1me to f1nalize the
infor.m~tion and a~dress the isau$s previously rai~ed by city
Council members. We will ask for a vote on this ~ezoninq on
June 6th.
Thank you tor your a..ia~anc$.
Yours truly,
~t~h J~
Timothy M. I<:ellliY
cc: Anne Clarke, Clerk of Counoil
/lh
:MEMORANDUM
TO: Dublin City Council members
FROM: Bobbie Clarke
DATE: June 2, 1994
SUBJECT: Rezoning for Hawk's Nest
Council members have expressed concern about the fact that the Hawk's Nest rezoning
for land at Brand/Avery/Muirfield requests the R-3 District. This classification limits the density
to a maximum of three units per acre, a density which is. really only possible if the parkland
dedication is waived. (This has not been proposed.) A realistic density will likely fall within
the 2.0 to 2.5 unit per acre range.
Generally, the park issues, utility design, layout, design, pavement issues, etc. are
included within the preliminary platting phase of the development process, not the rezoning
phase, for rezoning requests involving "non-planned" districts. These issues are deferred until
after the zoning is in place. This seemed particularly troublesome to members who desired at
this point to see the developer's plan.
The developer offered to submit his preliminary plat to Council so that the layout,
density, etc. would be known prior to a vote by City Council. Additionally, the developer
agreed that a set of voluntary conditions could be appended to the rezoning in an effort to
increase the Council's comfort level. There was no discussion at Council as to what specific
issues were desired to be covered by those conditions.
Please fmd attached a copy of the developer's preliminary plat and landscape plan (to be
scheduled for July P & Z if the rezoning is approved) for your review. A list of conditions has
been prepared by Tim Kelley, and it is also attached for your consideration.
Regarding soils and wetland issues, the developer has submitted his subsoil report from
several years ago and a level one environmental site assessment performed in 1993. These
documents are under review by the Engineering Division. Additionally, the City requested an
analysis of wetland issues by the Army Corps of Engineers. City Staff accompanied Corps
personnel on the field assessment which took place in late May. A written report will be
forthcoming.
AS SUBMITTED TO COUNCIL
~/ J! 'I Lj FOR MEETING ON .If//" /1 'I
13:40 'Zi'1 614 228 1098 DONALD W KELLEY ............ DliBLIN [4J 0021002
05/17/94
REZONING APPLICATION Z93-009
ORDINANCE NO. 64-93
liAWK' S NEST
~he undersigned applicant hereby adds the following
conditions to Ordinance No. 64-93 providing for the change of
zoning o~ 96.358 acres of land located on the south side ot
Brand Road between Avery Road and Muirfield Drive from R-1,
Restricted Suburban Residential Oistrict to R-3, Limited
Suburban Residential District (Hawk's Nest):
1. There shall be a minimum building setback of 200' from
Brand Road measured from the centerline of Brand Road except for
the lots located on the entrance road into the subdivision from
Brand Road, the building setback for whicb sha11 be 100'
measured from the centerline of Brand Road.
2. The right-of-way for streets in Hawk's Nest shall be 50'
except for the entrance streets from Muirfield Drive, Avery Road
and Brand Road, which shall be 60' as indicated on the
preliminary plat. Sidewalks and street trees shall be required
along all streets per the Dublin Zoning Code.
3. Applicant shall provide a landscape plan acceptable to
the City of Dublin Planning Department which shall provide for
landscaping along Muirfield Drive in accordance with the
landscaping standard established for properties located south of
Hawk's Nest along Muirfield Drive; landscaping along Brand Road
with special emphasis on the corner of Muirfield Drive and Brand
Road; and landscaping along Avery Road. Said landscape plans
shall be submitted with the preliminary plat and noted thereon.
4. The preliminary plat will show sufficient open space for
relocation ot Avery Road so as to align Avery Road south ot
Brand Road with Avery Road north ot Brand Road.
5. The prelininary plat and/or construction plans for
Hawk's Nest will show left turn lanes for the subdivision
entrances from Avery and Brand Roads. If a median cut is
required by the City Engineer in Muirfield Drive, left turn
lanes will be provided in connection with such median cut, if
required.
6. All landmark oaks near Brand Road will be located in
parkland.
7. Density will not exceed 2.25 units per acre.
8. Private deed restrictions shall establish appropria~e
minimum square foot requirements, architectural control and
other restrictions similar to those in place tor nearby single
family SUbdivisions.
,
.
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July 26, 1993
Ms. Bobbie Clarke
City of Dublin 9 0 1 5
5131 Post Road Antares Avenue
Dublin, Ohio 43017
Columbus. Ohio
Re: Dublinshire Section 6 43240
Preliminary Plat
Tel 614.433.9015
Dear Bobbie:
Fax 614.433.9513
Enclosed for consideration of City Council are 23 copies of the Preliminary Plat
for Dublinshire Section 6.
Please note that the plat has been revised since approved by the Planning and
Zoning Commission to incorporate the following conditions:
a) lohntimm Drive has been changed to Johntimm Court.
b) A note has been added limiting vehicular access to Dublinshire
Drive.
c) A note has been added restricting parking on Johntimm Court
d) A note has been added conceming the disposition of Lot #561.
e) The park strip along Muirfield Drive has been converted to a
landscape easement and the park dedication data changed
accordingly.
f) A bikeway/walkway has been added between lots.
Separate submissions have been made to the City Engineer of the following:
a) A letter report justifying the alignment of the 24" sanitary sewer.
b) A landscaping plan for Muirfield Drive and Dublinshire Drive. ,''''' I I 11)
. Nno~n
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CIVIL ENGINEERINGI L 6 1993
ASSOCIATESI
CITY OF DUBLIN.
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Ms. Bobbie Clarke
City of Dublin
July 26, 1993
Page 2
I would also note that the street alignments were revised prior to approval by the
Planning and Zoning Commission to reflect concerns of the City Engineer.
Please call if you have any questions or need further assistance.
Sincerely,
CIVIL ENGINEERING ASSOCIATES, INC.
~e-c~) -r: S.
James E. Gabriel, P.E.
President
Enclosures
xc: Tim Kelley
Dublin Planning and Zoning Commission
Staff Report - July 8, 1993
Page 8
CASE 2: Preliminary Plat - Dublinshire Section 6
APPLICANT: Holding Corporation of Ohio, c/o Timothy M. Kelley, 250 East Broad
Street, Columbus, OH 43215.
REQUEST: To approve the Preliminary Plat for 9.99 acres located on the northeast and
southeast corners of Dublinshire Drive and Muirfield Drive.
BACKGROUND:
The rezoning application for Dublinshire Section 6 was approved by City Council on June
21, 1993 and it will become effective July 21, 1993. The property will then be zoned for the
development of a single-family neighborhood in the PLR, Planned Low Density Residential
District. The applicant requested that this case be heard at the same meeting as Dublinshire
Section 7 in order to clearly articulate their proposal for the development of this portion of
the Dublinshire subdivision, The preliminary plat review is intended to give consideration to
the street layout, extension of utilities, easements, etc. After approval of the preliminary plat
by the Planning and Zoning Commission and City Council, the applicant may proceed with
the development upon approval of the construction drawings by the City Engineer. The final
plat will be reviewed at a later date. Upon approval here, the Preliminary Plat will be
forwarded to City Council. A two-thirds vote by Council will be required to override the
recommendation of the Planning Commission.
CONSIDERA TIONS:
0 The site is located just to the north of the Bear Run and on the east side of Muirfield
Drive. To the north is the Earlington Village panhandle which is part of the
Earlington Village PUD. The section of the panhandle on the east side of Muirfield
Drive, Dublinshire Section 7, is being heard tonight for Final Plat approval. Directly
east of the site is the Woods of Dublinshire subdivision; northeast of the site is
Dublinshire Section 3. Both of these subdivisions to the east are also part of the
Earlington Village PUD, Dublinshire Drive runs through the northern portion of the
site where it connects to Muirfield Drive along the western boarder of the site.
0 The site will be served by the extension of the 24-inch trunk sanitary sewer line
which currently terminates at the northeast corner of the site along Dublinshire Drive.
The sanitary sewer line will cross an existing easement held by AT&T and Columbus
Southern Power within Dublinshire Section 7. The developer must obtain permission
from and work with these companies in order to ensure the existing utility lines are
not interrupted during construction.
0 The proposal is to subdivide the property into 25 single-family lots. A reduction
from 26 to 25 lots was required as a condition of approval by the Commission under
the rezoning. The proposed density is to be 2.5 dwelling units per acre, as calculated
on a gross area basis. Other densities in the area include Earlington Village at 3.28
dwelling units per acre, Dublinshire at 2.56 units per acre, Dublinshire 4 at 2.59 units
per acre, and Dublinshire 5 at 2.4 units per acre.
0 The parkland proposed here is a border along the boulevard, The Commission
members may recall that in several rezoning actions in the area by the same
.
Dublin Planning and Zoning Commission
Staff Report - July 8, 1993
Page 9
developer, excess parkland was identified and dedicated by the developer at that time.
This plan includes the reference to those previous "parkland credits" of 2.28 acres
and includes a new dedication of 1.08 acres to meet the 1.58 acre park requirement
for site. The credit to be carried forward after deducting detention area, etc. will be
1,58 acres.
0 The Parks and Recreation Committee has reviewed this plat and has made
recommendations regarding park access. An access way is shown between lots #562
and #563 to the bikepath tunnel. A second access is requested at the southwest corner
of Johntimm Drive to the Bear Run park area.
0 Muirfield Drive and Dublinshire Drive are already completed through this area.
Muirfield Drive was constructed entirely at public expense adjacent to this site. Since
it clearly provides necessary service for this development, the developer's fair share
contribution of this expense for construction is appropriate. The balance of the streets
are standard residential construction, There will be no curb cuts onto Muirfield
Drive, and the City Engineer recommends that no driveway access be permitted on
Dublinshire Drive.
0 Easements will be required for all utilities located outside of the right-of-way.
A landscape plan which is consistent with the balance of Muirfield Drive should be
included. Dublinshire should have a consistent treatment as well.
0 The developer is strongly encouraged to incorporate a landscaped island in the
Johntimm Drive cul-de-sacs, provided they meet required dimensions. The developer
is also encouraged to explore constructing a landscaped island in the eyebrow on
Johntimm Drive. Staff will work with the developer to obtain an aesthetically
pleasing and safe design.
0 The bikepath tunnel is located on the north side of Dublinshire Drive, to connect the
two existing paths to the east and west of the site and a bikepath should be
constructed across the site on the north side of Dublinshire Drive.
0 Fire hydrants are required to be placed at the end of 6-inch or larger water mains
terminating in cul-de-sacs.
0 Lot #561 is only partially contained within the overall acreage. The applicant will
need to address this issue on the plat.
STAFF RECOMMENDATION:
The Staff recommends approval of this preliminary plat with the following fourteen
conditions, twelve of which were conditions of the rezoning and are repeated here:
Conditions:
1) That any portion of the Bear Run floodplain on the site be clearly indicated on
the preliminary and final plats;
2) That the developer design and construct a bikepath along the north side of
Dublinshire Drive and provide any necessary easement for same;
3) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided
consistent with the area subject to Staff approval;
4) That the Dublinshire 6 name be used throughout the development process;
5) That Dublinshire Drive not provide vehicular access to the abutting lots;
,..
.
Dublin Planning and Zoning Commission
Staff Report - July 8, 1993
Page 10
6) That the layout be designed to meet the City Engineer's requirements as to
spacing between intersections, angles of intersection, cul-de-sac design,
easements, etc,;
7) That storm water detention be provided to meet the Dublin guidelines and meet
the approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the
City Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, if necessary,
, to provide for the addition of left turn lane(s) at Muirfield Drive, as
determined by the City Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by
the developer for the future extension of Richens Drive to the north.
11) That a tree preservation plan be implemented to protect the trees in the fence
row during construction;
12) That appropriate bikepath easements be provided to the park/bikepath
locations;
13) That the preliminary plat be drawn according to the requirements of Staff
including correct titles, phasing designation, lot numbers, specifically
addressing lot #561, notes, and utility easements; and
14) That prior to approving the construction plans for the subdivision, the
developer's performance bond be submitted to include the fair share
reimbursement for the construction cost of this section of Muirfield Drive.
Bases:
1) The proposal demonstrates a single-family land use and density consistent with
the Community Plan.
2) The proposal expands upon the parkland along the boulevard program being
established.
3) The development proposal is consistent with the character already established
on adjacent sites.
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Dublin Planning and Zoning Commission
Record of Action - July 8, 1993
Page Two
11) That a tree preservation plan be implemented to protect the trees in the fence
row during construction;
12) That appropriate bikepath easements be provided to the park/bikepath
locations;
13) That the preliminary plat be drawn according to the requirements of Staff
including correct titles, phasing designation, lot numbers, specifically
addressing lot #561, notes, and utility easements;
14) That prior to approving the construction plans for the subdivision, the
developer's performance bond be submitted to include the fair share
reimbursement for the construction cost of this section of Muirfield Drive
($129,913.45);
15) That Johntimm Drive be renamed to Johntimm Court;
16) That bikepaths located between lots be installed at the same time as the streets;
17) That "No Parking" be designated on Johntimm Court on the final plat;
18) That parkland shown along Muirfield Drive be changed to private greenspace
with an established landscape plan and a landscape easement, and be privately
maintained; and
19) That streetlighting at the intersection of Dublinshire and Muirfield Drives be
resolved by the developer and Staff.
* Mr. Kelley, the applicant, accepted all conditions except Condition #14.
VOTE: 4-0.
RESUL T: This preliminary plat was approved with conditions.
STAFF CERTIFICATION:
~m.~
Barbara M. Clarke
Director of Planning
Page 2 of 2
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Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 6
2. Preliminary Plat - Dublinshire Section 6
Tom Rubey presented slides of the site and the staff report. The site contains 9.9 acres located
on the northeast and southeast comers of Muirfield Drive and Dublinshire Drive, mostly to the
south of the intersection. The rezoning to the PLR District will become effective on July 21,
1993. Bear Run is at the south boundary of the site and is included in the parkland for
Dublinshire Section 5.
The property to the north and east is part of the Earlington PUD and includes Dublinshire
Section 7, Section 3 and the Woods of Dublinshire. This preliminary plat shows 25 single-
family lots at a density of 2.5 dwelling units per acre. Four of the lots will be located to the
north of the Dublinshire intersection. Most of the lots are 80 feet wide. There is a 25-foot no
build zone along the rear of the lots. The park here is a border along Muirfield Drive, including
a detention pond, and will have the consistent Muirfield landscape treatment installed. Improved
park access at the southwest corner of Johntimm Drive is being requested.
The 24-inch sanitary sewer intended for this site is currently terminated at the northeast corner
of the site. The line will cross a very important AT and T transmission easement within Section
7. The sewer is to be extended west. The southern boundary runs through Lot # 561. The
perimeter roads are already complete, and will provide the site's access. The developer should
share in the cost of building Muirfield Drive which was constructed entirely at public expense.
Staff is recommending approval of the preliminary plat with the following conditions:
1) That any portion of the Bear Run floodplain on the site be clearly indicated on the
preliminary and final plats;
2) That the developer design and construct a bikepath along the north side of Dublinshire
Drive and provide any necessary easement for same;
3) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided consistent
with the area subject to Staff approval;
4) That the Dublinshire 6 name be used throughout the development process;
5) That Dublinshire Drive not provide vehicular access to the abutting lots;
6) That the layout be designed to meet the City Engineer's requirements as to spacing
between intersections, angles of intersection, cul-de-sac design, easements, etc.;
7) That storm water detention be provided to meet the Dublin guidelines and meet the
approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the City
Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, ifnecessary, to provide
for the addition of left turn lane(s) at Muirfield Drive, as determined by the City
"
Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 7
Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by the
developer for the future extension of Richens Drive to the north;
11) That a tree preservation plan be implemented to protect the trees in the fence row during
construction;
12) That appropriate bikepath easements be provided to the park/bikepath locations;
13) That the preliminary plat be drawn according to the requirements of Staff including
correct titles, phasing designation, lot numbers, specifically addressing lot #561, notes,
and utility easements; and
14) That prior to approving the construction plans for the subdivision, the developer's
performance bond be submitted to include the fair share reimbursement of the
construction cost of this section of Muirfield Drive ($129,913.45).
Mr. Rubey stated that the bases for approval are that the single-family density is consistent with
the Community Plan, the park-like look along the boulevard is being extended, and the character
of this development is consistent with the area.
Mr. Sutphen requested that Johntimm Drive be changed to Johntimm Court as condition 15. He
also wanted the bikepath locations to be specifically identified and the bikepath to be installed
at the same time as the roads are built.
Ms. Jordan explained that the vegetation along the stream bed is very heavy. The bikepath will
require the removal of trees along the eastern nad southern property lines. Mr. Geese asked if
the bikepath crosses the Bear Run to the south, other than at Muirfield Drive. Ms. Jordan said
there is parkland and the bikepath will be located later. The connection appears to be through
Section 5. Ms. Jordan states a major bikepath will be constructed this year that will go from
Scottish Corners School, north through the woods, cross the Bear Run at a bridge on the south
side of Woods of Dublinshire, then run east and north through the Presbyterian Church site and
up north to cross Dublinshire Drive in front of the pool.
Mr. Kelley stated there is still a bikepath connection to be made to Dublinshire 5 to the south.
Mr. Kelley is proposing the bikepath connection to the path along Muirfield Drive to give access
for these residents. He proposes that it be located one lot to the south of Dublinshire Drive.
He feels if it is located farther south, it will encourage cut through traffic to the pool.
Mr. Geese referred to the well done detention pond in the Woods of Dublin[shire]. He
requested that the developer seed and grade the detention pond proposed along Muirfield Drive
in a similar fashion. Mr. Kelley agreed to the same grading and seeding.
Mr. Rauh asked that another condition be added, that a no parking zone be noted on Johntimm
Court on the final plat. He also questioned the park strip along Muirfield Drive, suggesting it
would be more appropriate in private ownership with a landscape easement. Ms. Clarke stated
that this strip of park is consistent with the preliminary plat for the subdivision, and that the
't.
Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 8
northeast comer of Dublinshire and Muirfield Drives is the area needed to construct proper
slopes to the tunnel under Muirfield Drive. The City would own it and therefore be obligated
to maintain it. Mr. Rauh stated that the area along Muirfield Drive in both this development
and Section 7 should be privately held and maintained. Mr. Kelley pointed out that both sides
are consistent and the City can provide a consistency of maintenance which will not happen if
several homeowners maintain it. Mr. Kelley agreed to do whatever way the city required. Ms.
Clarke said the city has an interest in having a permanent landscape buffer, but maybe not in
maintaining it. Mr. Rauh felt that a condition 17 should be added to convert the parkland along
Muirfield Drive to private greenspace protected by a landscape plan, landscape easement, private
maintenance and subject to Staff approval.
Mr. Sutphen mentioned that in other areas that the property lines of the lots go right to the
bikepath. Ms. Clarke confirmed that was the case in Indian Run Meadow. Mr. Geese thought
the city would provide better maintenance, and this seemed to be a continuation of the park.
Mr. Kelley said the mounding and landscape treatment would be the same on all sections of
Muirfield Drive, and he thought the mounding would be four feet high. Ms. Jordan explained
that on the west side of Muirfield Drive, the border along the boulevard will be park, and it
leads into a much broader park space and is not just a narrow band.
Mr. Tim Kelley introduced himself as a agent for Holing Corporation of Ohio. He wanted it
understood that he was not waiving any rights they may have under the Dublin Code. He
presented a preliminary plat dated May 13, 1993 for Dublinshire Section 6. He stated that lot
558 was stated twice, one should have been lot 557. He has discussed the bikepath location with
Janet Jordan between lots 552 and 551. It will be installed at the beginning so that the buyers
know the situation. Mr. Kelley stated that his submission conformed to the zoning and the
requirements and asked for approval.
Mr. Geese asked about possible entry features at the intersection. He stated that lighting, either
street lights or lighting in connection with signage would be appropriate to mark the intersection.
Mr. Kelley said a minor entry feature was planned on the west side of the road, but the eastern
side of the road has the bikepath and had not been considered for a subdivision entrance feature.
Mr. Kelley suggested a lighted signage feature such as Earlington Village. Staff will work with
the developer to provide an adequate solution.
Mr. Kelley said the northeast comer of Dublinshire and Muirfield Drives had park space to
accommodate the changing grade of the bikepath going under the tunnel. There would be some
space between the bikepath and the road to install some kind of entry feature.
Mr. Sutphen asked for the Staff and Mr. Kelley to install some type of lighting before the houses
are built on at least two comers. Mr. Kelley said it could either be a subdivision feature or
streetlights.
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Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 9
Mr. Sutphen preferred an overhead-type light at the intersection for safety reasons regarding the
bikepath. He requested that the number of lights be worked out with Staff. Mr. Kelley agreed
to work on the lighting issue.
Ms. Jordan stated she was concerned about signage as an entry feature for the subdivision in the
parkland. A landscaped feature coordinated with the Parks Department would be agreeable.
Ms. Jordan cautioned about the safety of the slope and the tunnel because the bikepath crosses
the street at Dublinshire continuing up the east side of Muirfield Boulevard.
Mr. Kelley asked if the light could be hooked up to the City's service and questioned about
payment of the electricity. Mr. Sutphen said the City would pay for the electricity.
A motion was made by Mr. Rauh to approve this application with the 14 conditions listed in the
Staff Report, and three additional items as discussed. He stated that the bases for this
recommendation were:
1) The proposal demonstrates a single-family land use and density consistent with the
Community Plan.
2) The proposal expands upon the parkland along the boulevard program being established.
3) The development proposal is consistent with the character already established on adjacent
sites.
4) The clear intent of City Council and the Planning Commission was to have the developer
pay its fair share for a portion of the cost of the construction of Muirfield Drive.
5) The previously granted zoning approvals have always assumed the contribution by the
developer for the construction of Muirfield Drive through the assessment process. Now
that the assessment process is being challenged, it is appropriate to include a condition
whereby the developer provides a performance bond as set forth in Condition #14 of the
Staff Report.
6) Condition #14 of the Staff Report will serve to achieve compliance with the provisions
of the City subdivision regulations.
Ms. Clarke asked for clarification of the conditions of approval, and after discussion the 19 were
finalized as follows:
1) That any portion of the Bear Run floodplain on the site be clearly indicated on the
preliminary and final plats;
2) That the developer design and construct a bikepath along the north side of Dublinshire
Drive and provide any necessary easement for same;
3) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided consistent
with the area subject to Staff approval;
4) That the Dublinshire 6 name be used throughout the development process;
5) That Dublinshire Drive not provide vehicular access to the abutting lots;
6) That the layout be designed to meet the City Engineer's requirements as to spacing
. .
Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 10
between intersections, angles of intersection, cul-de-sac design, easements, etc.;
7) That storm water detention be provided to meet the Dublin guidelines and meet the
approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the City
Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, ifnecessary, to provide
for the addition of left turn lane(s) at Muirfield Drive, as determined by the City
Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by the
developer for the future extension of Richens Drive to the north.
11) That a tree preservation plan be implemented to protect the trees in the fence row during
construction;
12) That appropriate bikepath easements be provided to the park/bikepath locations;
13) That the preliminary plat be drawn according to the requirements of Staff including
correct titles, phasing designation, lot numbers, specifically addressing lot #561, notes,
and utility easements;
14) That prior to approving the construction plans for the subdivision, the developer's
performance bond be submitted to include the fair share reimbursement for the
construction cost of this section of Muirfield Drive ($129,913.45);
15) That Johntimm Drive be renamed to Johntimm Court;
16) That bikepaths located between lots be installed at the same time as the streets;
17) That "No Parking" be designated on Johntimm Court on the final plat;
18) That parkland shown along Muirfield Drive be changed to private greenspace with an
established landscape plan and a landscape easement, and be privately maintained; and
19) That streetlighting at the intersection of Dublinshire and Muirfield Drives be resolved by
the developer and Staff.
Mr. Geese seconded the motion with nineteen conditions.
Mr. Kelley agreed to all conditions except Condition #14, relative to a "fair share" contribution
to Muirfield Drive which is not acceptable. He said the number and method for determining it
had not been identified.
Mr. Banchefsky said that the amount had been identified prior to the hearing and in the Staff
Report. Mr. Banchefsky understood Mr. Kelley's disagreement with that section, but the
provisions for the preliminary development plan allows the Commission to "approve with
modifications or disapprove. "
Mr. Kelley said that it is considered by the applicant to be an illegal impact fee or assessment.
He stated there is a separate proceeding by the City being challenged in Court, and to do this
in this manner is improper. There is a provision in the Ohio Revised Code for an assessment
and the City is following it. The developer is, however, challenging it.
,
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Dublin Planning and Zoning Commission
Meeting Minutes - July 8, 1993
Page 11
Mr. Kelley said, for the clarification of the record, they do not accept Condition #14.
Mr. Rauh said the preliminary plat would be passed with Condition #14 included if so voted.
Mr. Gordon Shuler, Attorney, representing Mr. Kelley, 326 South High Street, Columbus,
requested that the authorization cited by Mr. Banchefsky be identified.
Mr. Banchefsky said that provision was not specifically in the Dublin Code, but under the
platting process, under the Ohio Revised Code and the related case law, the Commission does
have the power as part of the preliminary platting process to require the applicant to pay the
costs of his development.
Mr. Shuler said Muirfield Drive is an off-site, public improvement, already constructed. He
asked where in the Revised Code the authority was given to the Commission.
Mr. Banchefsky said it was under Title Seven and that he would point it out later to Mr. Shuler.
The vote was as follows: Mr. Sutphen, yes; Mr. Manus, yes; Mr. Geese, yes; and Mr. Rauh,
yes. (Approved 4-0).
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RECORD OF ACTION
DtJBLIN PLAN"N"ING A1\'D ZONING COMJ~nSSION
MAY 6, 1993
CITY OF DrBLl~
The Planning and Zoning Commission took the following action in the application below at its regular meeting:
1- Rezoning Application Z93-002 - Dublinshire Section 6
Location: 9.99 acres located on the northeast and southeast corners of Muirfield Drive and Dublinshire
Drive.
Existin~ Zonin2: R-I, Restricted Suburban Residential District.
Request: PLR, Planned Low Density Residential District.
Proposed Use: 26 single-family lots.
Applicant: Holding Corporation of Ohio and Dunmere Associates, c/o Timothy M. Kelley, 250 East Broad.
Street, Columbus, OR 43215.
MOTION: To approve this rez.oning application with the following twelve conditions:
-
Conditions:
1) That the developer design and construct a bikepath along the nonh side of Dublinshire Drive and
provide any necessary easement for same;
2) That a landscape plan for Muirfield Drive and Dublinsbire Drive be provided consistent with the area;
3) That the developer select a name to be used throughout the development process for all plats, plans,
etc. related to this site prior to City Council;
4) That Dublinshire Drive not provide \'ebicular access to the abutting lots;
5) That the layout be designed to meet the City Engineer's requirements as to spacing betv.'een
intersections, angles of intersection, ~l-de-sac design, easements, etc.;
6) That the approval of the layout of the preliminary plat will be dependent upon meeting the design
criteria of the City Engineer and demonstrating developability of all lots;
7) That stonnwater detention and velocity control calculations be provided to meet the Dublin guidelines
and meet the approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the City Engineer;
9) That the developer provide right-<>f-way along Dublinsbire Drive, if necessary, to provide for
the addition of left tum lane(s) at Muirfield Drive, as determined by the City Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by the developer for the
future extension of Ricbens Drive to the nonh;
11) That a tree preservation plan be implemented to protect the trees in the fence row during construction;
and
12) . That the density of the development be no greater than 2.5 units per acre, with not more than five lots
. being less than 80 feet in width.
* The applicant agreed to the above conditions.
VOTE: 6-1
RESULT: This rezoning application was approved with conditions.
STAFF CERTIDCATION:
- -
-
ar ara ~f. Clark Dublinshire Section 6
Planning Director Record of Action
\;" May 6, 1993
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 2
1. Rezoning Application Z93-002 - Dublinshire Section 6
Chairman Manus stated that no new submittals had been received to address the
Commission's concerns from the last meeting regarding detention, density, developability of
certain lots, and parkland; this case should be deferred until new submittals are made.
The applicant, Mr. Tim Kelley, said a number of concerns had been addressed in writing to
Terry Foegler and Barbara Clarke. He planned to present a plan which he stated would
incorporate such comments. Anything not addressed will be a part of the preliminary plat
application. He said they were prepared to address the issues now.
Mr. Manus asked if he wanted an informal discussion.
Mr. Kelley said he was asking for a formal approval/disapproval of this rezoning application
by the Commission. Mr. Kelley understood that the decision would be made on the plan
submitted and on the commitments made here. The plan will not change in substance. He
will address those items raised as concerns which caused the tabling last month.
Ms. Clarke said that Mr. Kelley did submit a letter to Mr. Foegler, April 27th or 29th,
which was discussed with the Engineering Staff. The Staff lacked necessary information
regarding traffic studies, left turn lanes, etc. Discussions between the staff and developer
were still taking place, with no resolutions made. The developer had not responded in
writing, and there was no new plan. Mr. Manus said based on this, he did not know how
the Commission could proceed without the information needed to make a sound judgement.
Mr. Kelley said the Commission should remove the application from the table to hear the
responses to the concerns which caused the tabling. The plan has not changed except with
respect to items that will be specifically committed to at this meeting and which will be
shown on the preliminary plat, as is required by Code. He again asked for a formal
recommendation.
Mr. Banchefsky said new submission or modifications should be presented to staff.
Ms. Stillwell asked if density, parkland dedication, lot size, footprints, etc. which were
requested in the minutes would be discussed at this meeting. Mr. Kelly said yes.
Mr. Banchefsky said the Commission was anticipating a new submission which Staff had not
had a chance to review. He suggested that the Commission go forward and make a
determination if the new information is adequate. It can be Tabled again if it does not
answer those issues from last meeting.
Mr. Geese moved that this case be removed from the table with a twenty minute time limit.
Mr. Fishman seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr.
Geese, yes; Mr. Manus, yes; Mr. Peplow, yes; Mrs. Stillwell, yes; Mr. Rauh, yes; and Mr.
Sutphen, yes. (Approved 7-0.)
Rezoning History
Dublinshire Section 6
1/1/
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 3
Mr. Kelley said the lot width at the Woods of Dublinshire is a minimum 75 feet, but they
will commit to 80-foot lots abutting it (along the east side of Jontimm Drive). Most of the
approximately 10 acres is located on existing Dublinshire Drive on the east side of Muirfield
Boulevard/Muirtield Drive. A small portion of the property is located on the north side of
Dublinshire Drive. They have applied for PLR, Planned Low Density Residential District.
Many of the details discussed at the last hearing are really preliminary plat issues. The 23
lots on the south side of Dublinshire Drive have been reduced to 22 lots, resulting in an 80-
foot minimum lot length on the east and south sides of Jontimffi Drive. They need some 75-
foot lots on the west side of Jontimm Drive to deal with a difficult alignment of Dublinshire
Drive. They will have 25-foot no-build zones along the rear of these lots, including no
fencing or buildings of any kind.
Detention could be over-detained on a neighboring site along the south side of Bear Run to
accommodate the detention required for these lots south of Dublinshire Drive. The resulting
overall rate of runoff after development would be the same with respect to downstream
property. They have decided that this might be difficult to visualize, and so they will
provide detention on the north side of Bear Run instead. The specific location will be shown
on the preliminary plat. He showed a drawing with the general location of the basin. He
stated there was a possibility of still over-detaining in Dublinshire, Section 5, if the City was
interested. He would be interested in parkland trade-offs or something similar.
The lot lines along the tree row have been realigned to preserve two-thirds of it. He said
two or three good sized trees will be preserved on the eastern and western third sides.
Stafr s recommendation for turn lanes on Muirtield Drive and Dublinshire Drive will be
accommodated by giving additional right-of-way as part of the preliminary plat.
The parkland is located along Bear Run as planned. Landscaping and mounding will be
consistent with the treatment along Muirfield Drive. Mr. Kelley said there was a carry-over
park credit from other developments being applied in this development.
There was some discussion about the width of the parkland strips. Some areas are as narrow
as 15 feet, some 80 feet, some wider. Mr. Kelley said the scenic character of the boulevard
would be maintained by extensive mounding and landscaping, consistent with prior zonings.
Mr. Manus asked how many 75-foot wide lots were left. Mr. Kelley said no more than
three or four lots. All of the lots on the east and south sides of Jontimm are 80 feet wide.
Mr. Kelley said in the north, there were four lots on a cul-de-sac which had not been
measured, but they would be a minimum of 75 feet wide. Of the 25 lots, 20 would be 80
feet wide, and the balance would be no less than 75 feet wide.
Ms. Stillwell asked if the storm water detention was changed because of the Engineering
Stafr s advice.
Rezoning History
Dublinshire Section 6
l/II
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 4
Mr. Kelley said he revised it to advance this application. He said it did have merit to reduce
the overall number of detention basins generally. They are still open to discussion of over-
sizing to the south, if there can be some trade-offs.
Mr. Poegler said that Staff believed that either option works, and would recommend that the
issue be finalized as a preliminary plat concern. Mr. Poegler said the Staff recommendation
was for approval for this rezoning subject to a series of conditions. He received a
memorandum on April 29 from Mr. Kelley addressing the primary conditions and concerns
of the Commission. One was detention, which Staff thinks is solvable in a number of ways;
and the other was lot density. In terms of a traffic study, Staff does not feel that a study is
necessary for this project, however; the right-of-way should be preserved for a potential left
turn lane on Dublinshire Drive, and will be discussed with the preliminary plat. The issue
about a sanitary sewer routing and location will also be addressed when the preliminary plat
is filed. The other Commission concerns, to the degree that Mr. Kelley's presentation
addresses those concerns, need the Commission's decision.
Ms. Clarke said that the Staff was recommending approval of this rezoning application, and a
revised Staff Report was distributed this evening to the Commission. The ten conditions
recommended by Staff address the items thought to be appropriate. The conditions do not
address other issues raised by the Commission, such as density, parkland configuration, or
the redesigning the lots to preserve the tree row. Staff recommends approval with the
following ten conditions:
1) That the developer design and construct a bikepath along the north side of Dublinshire
Drive, and provide any necessary easement for same;
2) That the landscape plan for Muirfield Drive and Dublinshire Drive be provided and
be consistent with the area;
3) That the developer select a name to be used throughout the development process for
all plats, plans, etc. related to this site prior to submission to City Council;
4) That Dublinshire Drive not provide vehicular access for the abutting lots;
5) That the layout be designed to meet the City Engineer's requirements as to spacing
between intersections, angles of intersections, cul-de-sac designs, easements, etc.;
6) That the approval of the layout of the preliminary plat will be dependent upon
meeting the design criteria of the City Engineer and demonstrating developability of
all lots;
7) That storm water detention be provided to meet Dublin's guidelines and meet the
approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the City
Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, if necessary, to
provide for the addition of left turn lane(s) at Muirfield Drive, as determined by the
City Engineer; and
10) That the concerns such as traffic circulation, access, and safety be addressed by the
developer for the future extension of Richens Drive to the north.
Rezoning History
Dublinshire Section 6
2/}/
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 5
Ms. Clarke said that Mr. Kelley agrees to address the City's concerns regarding the area to
the north within his final development plan for the Property immediately north of Dublinshire
Drive, which is part of the Earlington panhandle. The City wants to ensure that the
intersection designed will be adequate for all development to the north.
Mr. Rauh asked that "stormwater detention and velocity control calculations be provided" be
added to Condition #7.
Mr. Fishman was concerned about the density being too high. He would rather see the
developments limited to 2.3 or 2.4 units per acre with usable parkland.
Mr. Peplow said Lots #446, #447, #448 were previously identified as difficult to develop,
and asked if those lots were now 80-feet wide. Mr. Kelley said yes.
Mr. Geese said that no one, including Staff, had received the plan being presented. He said
the Commission did not get a footprint or word description of the proposal. He asked if
streetlights were planned of the intersections.
Mr. Kelley said that the streetlights are not currently required by the City. He said the plan
submitted previously was more detailed than required for a rezoning request. There have
been no changes to street alignments. They have addressed lot width issues and detention.
Mr. Geese said the Commission had asked for the location of the detention in Section 5. He
was in support of having one detention basin for both of the sections.
Mr. Geese said the fence row to the north was protected now. Mr. Geese asked if the ten
conditions were acceptable. Mr. Kelley said yes.
Mr. Kelley summarized the density proposed by saying that the density of the ten acres,
excluding Dublinshire Drive, (25 lots) is 2.5 units per acre. Typically the Dublinshire Drive
right-of-way is included in the gross density calculation.
Mr. Geese asked Mr. Kelley if he would pay a park fee since the park was unusable.
Mr. Kelley said no, because the park was agreed to in prior hearings. They over-dedicated
parkland for the prior developments to be used as a credit. In some developments, it is
difficult to give good pods of parkland.
Ms. Clarke said 1.68 acres of parkland is required for this proposal. The park shown is
1.13 acres. She said the developer does have a parkland "credit" accumulated of 2.28 acres
for areas where more land than necessary was set aside for park.
Mr. Geese said the parkland is useless to the City. He said he was supportive of it if they
would have 80-foot wide lots, pay the park fee, and have one detention basin.
Rezoning History
Dublinshire Section 6
,-
4-/ I J
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 6
Mr. Geese said that 1.68 acres should be paid as a park fee, considering the credit.
Mr. Kelley said there was a credit carried forward from prior development. They dedicated
more parkland than was required, and the City agreed to view the excess as a credit.
Mrs. Stillwell stated that there was not really a question on the amount, but the type of land
dedicated for the parkland.
Mr. Geese asked if the detention basin was included as parkland. Mr. Kelley said no, the
City's policy was not to count the detention.
Mr. Fishman stated that what the City was given was worthless for parkland.
Mr. Kelley said the City needed the parkland where the bikepath connects. There will not
be enough right-of-way to get up and over to accommodate the easement or necessary
connection underneath. It is an important part of the bikepath system. The other parts of
the parkland will allow more screening oCMuirfield Drive and will be consistent with
existing Muirfield Drive. The triangular piece to the south is mostly for detention and opens
up to the large amount of parkland along Bear Run.
Mr. Kelley said the mounds would meet the standard Muirfield Drive treatment as required
by the City.
Mrs. Stillwell asked if they were willing to do a more extensive tree preservation plan. Mr.
Kelley said they would do what it took to preserve trees along lot lines.
Mr. Sutphen asked Staff about the Landmark Tree Program, and if the caliper, etc. needed to
be noted. Ms. Newcomb said the Landmark Tree Program deals with trees of 24 inches and
above, usually a tree survey identifies all trees over six inches.
Mr. Sutphen asked if, by law, developers are required to note trees on the plan. Ms. Clarke
responded that tree masses are to be noted on the preliminary plat.Mr. Sutphen said he
would like to see the large trees designated on the next plan, and Mr. Kelley agreed.
Mrs. Stillwell moved that this rezoning application be approved with the following twelve
conditions:
1) That the developer design and construct a bikepath along the north side of Dublinshire
Drive and provide any necessary easement for same;
2) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided
consistent with the area;
3) That the developer select a name to be used throughout the development process for
all plats, plans, etc. related to this site prior to City Council;
4) That Dublinshire Drive not provide vehicular access to the abutting lots;
Rezoning History
Dublinshire Section 6
5///
Dublin Planning and Zoning Commission
Meeting Minutes - May 6, 1993
Page 7
5) That the layout be designed to meet the City Engineer's requirements as to spacing
between intersections, angles of intersection, cul-de-sac design, easements, etc.;
6) That the approval of the layout of the preliminary plat will be dependent upon
meeting the design criteria of the City Engineer and demonstrating developability of
all lots;
7) That stormwater detention be provided to meet the Dublin guidelines and meet the
approval of the City Engineer;
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the
City Engineer;
9) That the developer provide right-of-way along Dublinshire Drive, if necessary, to
provide for the addition of left turn lane(s) at Muirfield Drive, as
determined by the City Engineer;
10) That concerns such as traffic circulation, access, and safety be addressed by the
developer for the future extension of Richens Drive to the north.
11) That a tree preservation plan be implemented to protect the Jrees in the fence row
during construction; and
12) That the density of the development be no greater than 2.5 units per acre, with not
more than five lots being less than 80 feet in width.
Mr. Geese seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr. Geese,
yes; Mr. Manus, no; Mr. Peplow, yes; Mrs. Stillwell, yes; Mr. Rauh, yes; and
Mr. Sutphen, yes. (Approved 6-1).
--
Concept Plan - Maxster North
G Dugger, Attorney, 37 W. Broad Street, requested that this application be tabled.
Rauh ved that the case remain tabled until the next meeting. Mr. Fishman second
Ms. Cathe Headlee, 7340 Brand Road, pointed out that this case had been tabl wice.
She felt that th stponement of the case was a wasting people's time. The e was as
follows: Mr. Fish abstain; Mr. Geese, yes; Mr. Manus, no; Mr. P ow, yes; Mrs.
Stillwell, yes; and Mr. h, yes. Mr. Sutphen was absent for vote (Tabled 4-1-1.)
3.
The case was tabled on April 8, 1993 af considera discussion. Ms. Stillwell moved
that the application be removed fro e table. Mr. Rau The vote was as
follows: Mr. Fishman, yes; eese, abstain; Mr. Manus, ; Mr. Peplow, yes; Mrs.
s; and Mr. Sutphen, yes. (Approved -
Mark Jones ented the case. The Commission had concerns in April reg
av . ty, traffic circulation, pedestrian safety, loss of open greenspace, and cri
andalism. Since then, the applicant has made arrangements to procure off-duty offi
Rezoning History
Dublinshire Section 6
Co/I/
/
.
M::EETING :MINUTES
PLANNING AND ZONING COM.1\1lSSION
April 8, 1993
CITY nF DrBIJ\
1. Rezoning Application Z93-002 - Dublinshire Section 6
2. Concept Plan - AmberIeigh (formerly Donegal North)
3. Concept Plan - Erwin West
4. Concept Plan - Maxster North
5. Conditional Use/Corridor Development District Application CU93-00l/CDD93-001-
AMC Theater Expansion
6. Preliminary Plat - Trinity Park
7. Final Development Plan - Wyandotte Woods, Section One
8. Code Amendment - Chapter 1191 - Architectural Review Board
9. Code Amendment - Chapter 1109 - Parkland Dedication
10. Lot Coverage Ordinance
11. Discussion - Change of official schedule beginning time from 7:30 p.m. to 6:30 p.m.
for regular Planning Commission meetings and other administrative business
including maximum plan size.
Chairperson, . Manus called the meeting to order at 6:40 p.m. Commission members
were Dan Sutphen, anus, Warren Fishman, George Peplow, Judi Stillwell
The Commission members staff were introduced. Richard Rauh w sent.
Mr. Geese made a moti approve the Minutes from the March , 93 Planning and Zoning
Commission m as submitted. Mrs. Stillwell seconded the motio . e vote was as
. Fishman, yes; Mr. Geese, yes; Mr. Manus, abstain; Mr. Peplo , es; Mrs.
S' and Mr. Sutphen, abstain. (Approved 4-0-2.)
1. Rezoning Application - Z93-002 - Dublinshire Section 6
Ms. Clarke presented slides of the site and the staff report. The request is to rezone 10 acres
from R-l, Restricted Suburban Residential, to the PLR, Planned Low Density District. The
density, layout, parkland etc. become set upon rezoning. During the platting process, the
specific easements, lot lines, and alignments will be determined. The proposal is for 27 [later
corrected to 26] single-family lots with a gross density of 2.7 [later corrected to 2.6] dwelling
units per acre. The densities in the general area range from 2.5 to 3.3 dwellings per acre. The
developer has a parkland "credit" of 2.2 acres, due to dedicating more than the required acreage
in Earlington Village, along the Bear Run, and in other adjacent neighborhoods. Park of 1.13
acres along the north side of the Bear Run and along Muirfie1d Drive is being provided here;
1.68 acres is the dedication requirement. The balance will come from the accumulated parkland
"credit. " Rezoning History
Dublinshire Section 6
"1-/ I J
Planning and Zoning Commission
Meeting Minutes - April 8, 1993 ,
Page 2.
Ms. Clarke stated there are no curb cuts onto Muirfield Drive, and the City Engineer
recommends no driveways onto Dublinshire Drive. A bikepath along the north side of
Dublinshire Drive will connect with the bikepath tunnel under Muirfield Drive.
The application was flied as Dublinshire Section 6, and the City will require that the project
maintain only one name, to be used during the entire zoning and platting processes. There have
been some administrative difficulties when projects change names in the middle of the process.
Several of the lots appear to be difficult to develop without the granting of variances, and all lots
should be verified as being "developable" at the time of the preliminary plat.
Staff is recommending approval with the seven conditions as written in the Staff Report as well
as an eighth condition.
1) That the developer design and construct a bikepath along the north side of Dublinshire
Drive and provide any necessary easement for same;
2) That a landscape plan for Muirfield Drive and Dublinshire Drive be provided consistent
with the area;
3) That the developer select a name to be used throughout the development process for all
plats, plans, etc. related to this site prior to City Council;
4) That Dublinshire Drive not provide vehicular access to the abutting lots;
5) That the layout be designed to meet the City Engineer's requirements as to spacing
between intersections, angles of intersection, cul-de-sac design, easements, etc.;
6) That the approval of the layout of the preliminary plat will be dependent upon meeting
the design criteria of the City Engineer and demonstrating developability of all lots;
7) That storm water detention be provided to meet the Dublin guidelines and meet the
approval of the City; and
8) That the 24-inch sanitary sewer alignment and extension be satisfactory to the City
Engineer.
Randy Bowman added a ninth condition:
9) That the developer address the need for left turn lanes at the corner of Muirfield Drive
and Dublinshire Drive.
Mr. Manus asked if the City's master sanitary sewer plan would need to be amended regarding
the 24-inch sewer line. Ms. Clarke responded that the developer and the City Engineer should
agree in writing on the appropriate alignment and sewer extension.
Ms. Stillwell clarified that the project included 26, not 27, lots. Ms. Clarke confmned the total
number of lots as 26 and the gross density of 2.6 units per acre.
Tim Kelley, representing the applicant, introduced himself and made several clarifications
regarding the conditions listed. He would like better definition of the assessment needed
regarding left turn lanes. He said a plan was filed last year to rezone this site in conjunction
with the Dunmere Associates property. These will now be processed separately. Dunmere
Associates property will be filed as a fmal development plan, but it is shown on the plans to give
the Commission the whole picture of what is planned. He has already made most of the changes
regarding the angles of intersection, but will satisfy the City Engineer (condition 5). This will
Rezoning History
,
Dublinshire Section -
C-/II
Planning and Zoning Commission
Meeting Minutes - April 8, 1993
Page 3
be more detailed on the preliminary plat. The detention requirements will be met by over
detaining off-site, and this will be subject to review by the City Engineer (condition 7).
Randy Bowman restated that the applicant should address the need for turn lanes on Muirfield
Drive and Dublinshire Drive at their intersection. This would be a traffic study perfonned by
the applicant's engineer. Mr. Kelley said his development waS a very minor part of the traffic.
Muirfield Drive was designed and constructed by Dublin according to its standards; Dublinshire
Drive was also constructed to city standards. Mr. Kelley offered to demonstrate the impact of
his development's traffic. Mr. Kindra stated that the streets needed to be studied regarding the
new turns in addition to the existing traffic movements. The developer is typically asked to
address the need for traffic improvements. The city is not saying that all improvements are the
responsibility of the developer. Mr. Kelley will meet with the city staff to resolve this.
Mr. David Ulstad stated that the density here is higher that in the rest of the area, Also, he felt
that the detention planned was inappropriate, and he wants all flows into the Bear Run to be
controlled.
Mr. Neal Hahn, 5701 Brand Road, stated that storm water is a problem in the area and wants
detention for development on-site.
Mr. Randy Bank is buying a home along the east property line of the site and is concerned about
the storm water and density. He wants a no-build zone of greater than 20 feet along the abutting
property and to assure that the trees along the north side of the creek will be preserved.
Mr. Dan Sutphen asked for the definition of "flood limits" as used on the plans. He also wants
the floodway line shown. Randy Bowman and Jim Gabriel, the applicant's engineer, confirmed
that the flood limit shown was the lOO-year floodplain. Mr. Sutphen felt the density was too
high and was disappointed with the park land set aside. He wants the plans to reflect the
bikepath along Muirfield Drive. He is uncomfortable with any acreage that flows directly into
the creek without detention. Mr. Kelley said that the detention basin to the south will be over-
sized, and the overall rate of run-off of the combined sites will be the same as it would be if
there were two smaller basins. Mr. Sutphen feels the velocity of the water should be slowed,
and there are existing serious storm problems along the Bear Run.
Mr. Gabriel stated that detention is not being avoided, but for this site the water would run
directly into the stream. In Dublinshire 5 (25 lots), the detention area is extra large, and the
overall result is equivalent detention.
Mr. Sutphen expressed that the park space would only benefit the adjacent property owners.
People cannot access the park areas easily without trespassing, especially around Lot 450. Mr.
Gabriel responded that these areas are added to the Bear Run park in an adjacent phase. They
include a buffer strip along Muirfield Drive and space for the bikeway tunnel. Mr. Kelley
prefers not having bikepaths between lots, but he will install whatever bikepaths are required.
Janet Jordan stated that often easements for bike paths are identified during the plat phase, but
she stressed that safe crossing points need to be identified. Rezoning History
Dublinshire Section 6
CfJ J /
Planning and Zoning Commission
Meeting Minutes - April 8, 1993 .
Page 4.
Judi Stillwell said she felt the density was appropriate for the area. She asked for a description
of the buffer strip. Mr. Kelley said it would be landscaped consistent other phases along
Muirfield Drive, and this will be identified at the preliminary plat. A standard has been worked
out for Dublinshire Section 4 and 5.
Ms. Stillwell felt the detention basin issue needed to be addressed. Mr. Kelley asked if this was
more of a preliminary plat issue than a zoning issue. Ms. Clarke agreed.
Ron Geese stated it would be appropriate to table the application. He asked if sidewalks were
included. Based on Dublin code, all the lots will need to have sidewalks installed when the
houses are built. He is not satisfied with the parkland and asked who will own Bear Run when
the development is done. Janet Jordan said the City would own it. Mr. Kelley said the parkland
north of Bear Run is to be dedicated as part of the approval of Dublinshire, Section 5. Mr.
Geese felt the park was only creek bed, floodplain and very little useable property in Dublinshire
5. He voted against it because he thought it was too dense. Mr. Geese noted that Lot #445
had a stand of trees on it. He asked if the Woods of Dublin bikeway that goes back parallel to
Bear Run is intended to go further west. Ms. Jordan said there will be a bridge across the Bear
Run, and then it goes into the woods that is an extension of Scottish Corners. Mr. Geese also
does not approve of detention basins using up the park space. Mr. Kelley said even though it
is in the park, they did not get credit for it. Mr. Geese felt that it was better to have one
detention basin instead of two, but he felt another lot needed to b~ given in Section 5. He said
the density in Dublin Woods was 2.1, and that 2.7 units per acre was too high. He did not
understand why the City would accept four lots on the north side of Dublinshire tonight, and 22
on the south side.
Mr. Kelley said he had tried to pursue a joint application, and it was important to keep the
zoning process moving. Mr. Geese also wants the fence row maintained as a natural barrier.
He asked that street lighting be provided at Dublinshire and Muirfield Drives as other applicants
have agreed to do at major intersections. Mr. Kelley stated this is an issue that the City should
debate and include in its subdivision code if necessary. Mr. Geese said lighting should be
required at least at each side of the intersection, regardless of the density. It was agreed that
the bikepath will be built on the north side of Dublinshire Drive. Mr. Geese requested that Lots
451, 448, 447, 445, 442, 458, 459, and 440 be redrawn to show the buildable areas.
Mr. Kelley said the lots are consistent other lots developed in this area. Dublinshire Drive right-
of-way which is over an acre has not included to calculate the gross density. Dublinshire Drive
has already been built and deeded to the City, and it is excluded from density calculations.
Because of the City's and applicant's desire to develop parkland and other developments in
excess of the requirements, this development is taking a credit for parkland already committed.
If that parkland were included as part of this development, the gross density would be lower.
Mr. Geese said that the lots named were not consistent with the Woods of Dublinshire. There
is a fence row between Woods of Dublinshire and Dublinshire Section 6. Mr. Kelley said the
lot sizes are close but not as deep.
Mr. Fishman agreed with th~ previous comments. He was concerned about the lots under 80
feet in width. He felt the plan was poor because it destroyed trees. He would not approve any
such development because trees are the only character of the area. He mentioned that the
Rezoning History
Dublinyhlre Sectio ,
10 I
. Planning and Zoning Commission
Meeting Minutes - April 8, 1993
Page 5.
Mr. Fishman asked about the depth of the Muirfield Drive setback. Ms. Clarke said this will
be mostly a landscape buffer and then typically it is 50 feet along Muirfie1d Drive.
Mr. Fishman said he would like to see the density a little lower.
Mr. Peplow stated that he agreed that lot size and density were concerns. He asked how a
larger detention pond in Section 5 helps with the run-off created by this development into Bear
Run. He asked if all the run-off will go into Bear Run with no off-site detention. Mr. Kelley
said that it would. Mr. Peplow said that on-site detention would solve problems, and the density
should be reduced.
Mr. Manus stated that he had a big problem with the detention plan. The Commission has
visited the Bear Run during winter and storm periods, and it is a problem that must be handled.
The problem cannot be allowed to worsen with additional development. The density is higher
than the properties to the east.
Mr. Kelley said that they will abide by the City Engineer's requests at the Preliminary Plat
stage, and that he does not feel that is a matter of the zoning issue. They have already agreed
that the detention needs to meet with the approval of the City Engineer.
With respect to density, these lots are consistent with the lots in the surrounding area. If an 80-
foot standard is used, it should be started at Brand Road. The lots in the surrounding area are
comparable to these lots. Dunmere's property could probably have a density of 3.5 units per
acre, that is how it was zoned many years ago as part of Earlington Village. To isolate this
pocket and ignore the surroundings in terms of density, and to require an 80-foot standard does
not seem fair. An 80-foot standard further north is probably appropriate.
Mr. Manus said Dunmere Associates is 2.5 units per acre.
Mr. Kelley said Dunmere Property is zoned at a density that would allow single-family
development at five units per acre. It is part of a PUD cluster site. When the area developed,
the density was actually lower than permitted. This developer is trying to show you an overall
plan for single-family development that is consistent with the area.
Mr. Kelley said the tree row is not a major tree stand. It actually goes between lots in two
places and probably can be saved. The configuration of Dublinshire Drive is really what did
violence to the land planning with respect to the tree row. They will save the trees between the
lots where they can. All of the other trees in the area are being protected by virtue of the
parkland dedication. The only way to save the trees would be to redesign the cui de sac coming
down from Dunmere and to face some lots onto Dublinshire Drive, backing them up to the tree
row. This does not meet the greater goal of restricting curb cuts on Dublinshire Drive. The
trees could be saved by putting three lots along Dublinshire Drive.
Mr. Geese moved to table this application until next meeting to permit further study on the
detention location in Dublinshire 5, review of the parkland dedication, traffic study of the left
turn signal be made, and Lots #446, 447, and 448 have a footprint of the plan presented. Mr.
Sutphen seconded the motion. (Tabled 5-1.) The vote was as follows: Mr. Fishman, yes; Mr.
Geese, yes; Mr. Manus, yes; Mr. Peplow, yes; Mrs. Stillwell, no; and Mr. Sutphen, yes.
Rezoning History
,.
Dublinshire Section 6
/// II
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'" 0> \ ,,:>\ / , 5.27 ACRES " "
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..- CITY OF DUBLIN _ // ,/
(AVERY PARK) O'L / ,,(
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1. See sh ee t 2/2 for prelim in ory Ion d scapin 9 o. ~ ~.,; _ _/' G I' "I" ,...... ~ ~ .
plan. <i;...p.S~'<' n, MAY 11- _
\ I
2. House on Lot 29 must front Cormorant 011'1
· Drive. Houses on lots 55 & 59 must front I r,IIY OF .1)U",.. _
Hawk's Nest Drive.
.. ! 3. All 50' streets proposed to be 24' bock to bock. PRELIMINARY
E All 60' streets proposed to be 32' bock to bock. PLAT
L ~" 1 00'
.z / ..' Scale' 1 =
1::1 0 .:?" 0'.
a ?ii~ .. Indicates monument tree, location has been field verified. -/ ...;C..;.....
: ~8 Center of tree is 20' from nearest lot line. ! . 0 OPEN SPACE ".....:..>Y.. Dole: 05-16-94
· a3 I \ " " '.' .
i ~~ I ./ 2.17 ACRES / _ '- /" \ ...,...... .. MINIMUM LOT SIZE: 80' AT BUILDING liNE Revisions:
V I ......,.". ".... / \ ".:.:....... MINiMUM LOT AREA: 10,000 SF
'I I ...."..,.." e ,i/)\.';;' I / '\ . ..-::-:.;::,.:., SI DE Y AR D: 1 8' TOTAL, 8' M I N I MUM
! I ,<-<,>s,,<,O~. cp"" ___/ / /^'. .;:::<:>' REQUIRED PARK\OPEN SPACE DEDICATION:
' ~ ,'I- lo" 'f-01 I /....... ..... 2% OF 96.1 ACRES = 1.92 AC
~ <?" 'P:'J'o"> / // .055 X 209 LOTS = 11.50
· 11- ..\"> (,,/'-., TOTAL = 13.42 AC
; ~. 0'<' .~ ~ l / '-., CEA HAWKNEST-lOD
· f ~e<' <,<' "'0 I / PROVIDED PARK\OPEN SPACE: 24.D3 AC
' ~.~. <(c,. J /
~ Loca bon Mag '\. \'1-~1 ( ,P~ae.:4~ EXCESS = 10.61 AC 4J Of ~
I ~ Not to Scale ~. '0' _
I ~ <;).
.-
------ - - -- --
I ., _ _ _ _ _ __ _ _
___ __ 1 ___ _
- - - - -.........-
I
PROPOSED BIKE PATH I STREET TREES (TYP.) I
\ EVERGREEN TREES (TYP.) t EARTH MOUNDING 1'-6' I-KiT.
(T AVERAGE HGT.)
.- DECIDUOUS TREE (TYP.) J
/ DRY LAID STONE WALL l' 1--t(iT. (TYP,) ~.......
I '{ 1 I _ '" _ _ _ _
- - - - -.- - - -I
,. --------------- --
~ - - - - - - - - - - - - - - - (",- Wo''; - - - - BRAhJ~o-Jt.;D-r;;.30 - - - - - - - - I - - - - - - - - .:::- - -- ..., - - - - - - - - - - - - ,-, - - - - - - - - ~- - - ,- ,. ". w ~ c" Ul ~ ~
....- -.- - - /-- -----::::::::. ( ~ 'I" ;~~u. '- J ' ( ~~---K~\" A ~:rI'~ t i '\. :-.,.d ~XISTING TREES ~ ",- -1 I, Z w ~ ~
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\ ~. ' .'. · -'. \lJ. -92 """ 97 - --- .. . . , " w ( 0 ' 95, -'- ~. 75 AC. 1 ,.... ,-' , J<. I W 0 ."
\ .. / at?""' I . t '.~ . ~~ ~ ,92 . 92 ~ ~ 'I f ,-~~___~,,,I\" . \) , I 9, ""'" ~ '- O'_ljuilding Line. - - ~~, it.~\, Ul 1-...
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CITY OF DUBLIN ..",,,-~,~ (\\Ao\:':: '\/ -- - \" '\"~\. \ - ._____/ 7 ~" ~ 5:,/ ,,' · 7: '-. t..: 0' ~ I. \ \
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. 100 50 0 100 200 \ 't~\~. '0 ~ . \ ,'1~ br" · /. ~ ~ \ : ~~ \ . ~ / ~i J ~~/ i-(:J\\~
. ~. '\ ~-)\ 6 \ll (5)'\ .----:::::' ~ , ~ 'A ~'2- "1,V') x..
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~ ~ '\ ) r7.\~ ------- 1 ' ~ ~ ~ V, \! .,. \1' . (:' -"Y!-f ' . Rtr A"~"'-- ~ ~ ~ '2-'\ ) /
\ "'~~1. ~ '\ (.a~~)' 1_. aI, ,I~~, '\~ \ "'~ ~ -,' ~ -~ ~ ~ ~~Q.~ T [)\ I PRELIMINARY
~ '\ i'1f~ \t= ....1 \^~........~ loll' , \br ,\1 ......., l.J . · -.. -<1 .J:!..":..<I.
~. ~ '\ '.J~i.() --------'::.-( Il -' '\~ ?,' 1 "rV> I __~-, ~~~.AJ~\ ~ 'y \ I LANDSCAPE
/" \ '-....~ ~~ · '2- -- Pl".---~ tiS~t . -.-.~..,........... t- ~ \ \ PMENT DATA PLAN
/t---.... AI:::: 8" 0 '\ ~ lL-^' n. ~ " "7.()\~'i1 --- '\ ~ ~ If) t \..J ill? DE VE L 0
- :::::::::::::. ~ NORni ,.,.,.,. d ...-:: \.\\\) r? ~ - N () -~ (Q .
"::::::::::::::::::::::::::. fit/) \ \ ~ /~.. ~ '\ "---~~ -R(7 (J I, I ' ,\9 . ttll I!\~ ,---- "'\~ '\'- \ ZONING: R-J (P[NDING) Scale: ," ~ 100'
~ '.:::::::::::::::::::::::: [ARUOf(Jl~~ ~"'N '" / " ---- rll'~ '___ 0 - - 7 \~ ~ \.t ~.'. NUMI3U~ or LOl S: 209
a ::J A'ot1lT PMIl ............. .l1ARK~ ~ , __ \ I, ,--'\- .. ~ V It-..o\.
:! . ::: 5all~ORI~R( '\. 9 I/) (\0 " ~ ',-. Qf"A'"_1 - ~J-\r..... ----- --- ll~) (10... D[NSITY: 2.'7 IOTS/ACR[ 0 e, J
'- z ~ ~I TE .::::::::. COlIII:R5" f'~ ' ~)' :-...: "L:a.~ ..~,,ho\.. , ,
~ ! ~ ~ I,";;wp '~r \ \.' ""::l -_./' ~. ( " I ,17 S <{-:--.: ~ a \ MINIMUM 10. T SIZE: 80' AT BUILDINC LINE
, " > j't!:l!f:J!!.. ~~."" \ \. f - I I 0..:::..-- _ ~ MINIMUM lor AREA: 10.000 SF
"
, ! .':'i:;::".:.;;'::.... 4\ ~.;\---.~ LAKE ~ (fT. REQUIRED PARK\OPEN SPACE DEDICATION:
If ............. . ~ T.&D.. . ~ '\ ~ f!!P~.-J ~ J ~ J _. . j
~ r------- .::::~{::-::;,. J4~~ ~"\~~ \... "''-..."C>..'''(/ :t.45 AC. , -'J ---". 2:7. or 96,1 ACRES = 1.92 AC I v: DUBL I"J I
~ ':: ~. .. ~~ . ~ 1+-~ ....., ~ ]',' I' '.4L... 0~5 X 209 LOTS = 11.50 _ I .~
! ":'.~ ~P~.:.::.:.:.:.:.:.:::::::::::~~ ~t-~ '\ ~ l!ti~~J 1 ( ~ TOTAL = 1.3.42 AC
i:r-::::. ..,......". ,...,....,.,...,:;:.jr=t.;:.~. -- \ \,'il v. ~. Cl \ ,~1-.: _,,. ...... rEA IiA WK NES T 1 00
\ t'~ I ~ ~""" Center of tree is 20' from nearest lot line. ,,~).I'(,' , ,. ....
L t. M \ ' 'N- tl.1 PrL G 2 f 2
J oca Ion ap' \\ '1-:,. -0'1: ~,~_ EXCESS = 10.61 AC 0
~ Not to Scale '\ \. \) <(). .I I
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