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48-95 Ordinance .__.._~---_._---~.._------ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.uu4_8~_'-S______ Passed___ _ n nnnnnU___unnu_u_ _, nn_n19nn, ,__ -- AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR 15.193 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF BRAND ROAD, APPROXIMATELY 1,300 FEET WEST OF AVERY ROAD FROK: R-1, RESTRICTED SUBURBAN RESIDENTIAL ..,.,~ DISTRICT, TO: PLR, PLANNED LOW DENSITY RESIDENTIAL DISTRICT. (Erwin Property on Brand, north of Indian Run) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, r] 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, and 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. "'~WIi section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ~ O'-ft, day of 77~ , 199L. Mayo ~(V___~ Clerk of Council Sponsor: Planning Division t hereby certify that copies of this OnIinanttlll.llutitn we" posted tfie City of Dublin in aaordance wi* Section 731.250' tbt Ai. ItYised .. __4' - . ,..... ..... u ..... L PUD , PCD ~ --P""'I ~~o~. ~~o "O~ . - - - >- HAWlCK t- . -t.- CTS 2 :J 01 Ul Z )- 0 t- ......-4 12 2 I:J :J 0 U .r" .. z ~ ..-J , ~ , I~ .\ 1iY: u... , L'__ 1TRD . 1 , . , , , , ti , , I . \ , i . , , \~ .---::- . , , , , , , , \ 0..' , i , , ~IZ ~ I J - - - >--\~ ,-.. ..-_.. wt:) ~.z a.!:;:! 0::..... w(/') , Ordinance No.48-95 1<1: ~ ~ Z95-011 . , Erwin Tract , ---- ...... -' . ~'f--\-\\ ~ \\ \6 . . CITY OF DUBLIN PLANNING AND ZONING COMMISSION . - . AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only OF THE CITY OF DUBLIN ZONING Application No: DlSTklCT HAP ZH 7-9s-el L (Reclassification of Land) Date riled: Fee Receipt No. i Revised Submittal Received by: f _X"~ ... Please type or print info~atlon - Use additional sheets as necessary l ,.' I """'4 j to TH! HONORABLE PLANNING AND ZONING COHHISSION: , ) ! The Applicant Mil Schottenstein Homes, Inc. 1 -- (Have property in contract) betng the ~B),/lessee(s) of property located ~ithin the area proposed tor s~ngle family resid~ial use , requests that the follol described land to be placed in the Planned Low Density . Residential District . A. DESCRIPTION OF LAND TO BE RECLASSIFIED t. General Description of Land (describe by one of the following): a. Lot(s)/Reserve(s) - --- I ..,""."~ a recorded plat, ~ith a.' area of - . b. Beginning at a point along ~ ~"""-* (street o~ other) _and being feet in a N S E 1 direction from the (speCify) of . - (Street or other), and thence h~ving a dimcnsj of f~om the ---__________(specify) of . (street or other), and having a~ area of . c. The tract of land containing Acres and bounded by: (specLfy) on the H S E V (Circle) ___(specify) on the N 5 E V (Circle) - - _(speCify) on the H 5 E V (Circle) ~,.~ (specify) on the N SEW (Clrcle) d. Attached lczgal descr.fptiofl: YES X NO "'-<-'.''" - - f v -~ Page 1 of 3 '-. " """'''''~= ^ ""-''''~-~'' --- -<( , ~~ ",' Hap of Proposed Zoning District Boundaries Tw~ (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of not less than 8.~ x 11 inches and not more than 16 x 20 inches). The map shall be . ldentifted and submitted in addition to the General Description of Land. The map shall include all land in the proposed change and all land within five hundred (SOC feet beyond the limits of the proposed change. ; i To be shown on the map - all property lines. street right-of-way. easements and ! other information related to the location of the proposed boundaries and shall be \ \ "... rulty d1mensioned. r .. ... The map shall show the existing and proposed Zoning District or Special District I i boundaries. I - List all owners of property within and contiguous to and directly across the street Crom such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditorts current tax list or the Treasurer's mailing list. NAME ADDRESS -- See Attached Sheet . - - --- - --- -,- ------ ,.,. B. ARGUMENTS FOR RBCLASSiFICATION OF THE D~SCRtnED LAND ..... J . Proposed Use"or Development of the Land: The property is to be developed with single family residential units. - PLANNED DEVELOPMENT ZO!fl~~OI~TR!~and SPECIAL DISTRICtS subiDission of three (3) copies of a Development Plan and other documents and two (2) copies shall be retained as a permanent public record if approved. Fo. ~the. Zoning District!> ouch plan~ or other exhibits would be helpful to t e review of this application. Plans and ExhibIts submitted Plot Plan I Building PIll ; Development Plan X - ; Sketch Pbotographs - ; , Other . __(speCify) - - 2. State briefly how the proposed ZOn1 d d - and prohably future land Use char ;8 ant :velopment relates to the existina - - ac er 0 t e vicinity. The requested zoning classific!tion compliments the surrounding - uses since the property to the south is developed a:-~bdivision and the property to the north across Brand Rd. - is also being rezoned for single family use. The proposed rezoning is most -- appr~priate as it relates to existing and future character of --..- the area. Page 2 of J pages . --.. .. PROPERTY OWNER AND ADJACENT OWNERS Erwin & Erwin, Owner 7805 Dublin Rd. Dublin, Ohio 43017 The Shawnee Hills Land Company c/o Scherer Company _"'"'l Attn: K. Kerr 5131 Post Rd. Dublin, Ohio 43017 ,.., Walter L. Starkey 6503 Cook Road Powell, Ohio 43065 John E. & Kathryn J. Humbert, Jr. 7509 Brand Rd. Dublin, Ohio 43017 M/I Schottenstein Homes Inc. 41 S. High Street Columbus, Ohio 43215 City of Dublin Ohio 6665 Coffman Road Dublin, Ohio 43017 Avery Road Associates c/o Bruce Massa #604 42 E. Gay Street Columbus, Ohio 43215 JIIlIP!'"'~- '- - ~--~ -~~.,~-~~_.-._.- . J. Has an application for rezoning of the property been denied by the City Council within the last two (2) years? YES NO X . . If Yes, state the basis of reconsideration ...'~ ~ C. AFFIDAVIT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building Inspector to insure completeness and accuracy. Present owner of property: APPLICANTS'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I (e~) n W. Hale Jr. being duly sworn, depose and say that I B~~)/lessee(s) of being duly sworn, depose and say that I ~ are the ~X)/lessee(s) of land included in the application and that the foregoing statement herein contained and attached, and information or attached exhibits thoroughly to the best of my/onrability present ,.,..., the arguments in behalf of the application herewith submitted and.that the statements and attached exhibits above referred to are in all respects true and correct to the best of mY/GUTKknowledge and belief. - ~~~re) Ben J. Hale, Jr. Smith & Hale 37 W. Broad St. Suite 725 Columbus, Ohio 43215 (Mailing address) 221-4255 (fax) 221-4409 (Phone) Subscribed and sworn to before me this --1"'3 ~ day of , 19;1~ - - - Person to be contacted for details, if other Jack Reynolds 37 W. Broad St. ~-.-. (Name (Telephone) - - - - - - - - - - - - - - - (Do not wrIte below thIs-IIne)- - - - - _ _ _ _ _ _ _ _ _ D. RECORD OF ACTION 1. Withdrawn Held to (Date) (Date) 2. P&Z C: Date of Hearing Approved Disapproved Modified J. City.Council: Date of Hearing A______ . -~"~"-,,,, ".,-~,,,~.._' --,,,,~~ ---""".. ~ ,_r",'" _"___~,_~"__,,,___'_~"_"_" _,"_."_,,,.~,,"-",",'" '"~--~-_.._-"-.._- . . The applicant/owner hereby acknowledges that approval of (his) (her) (its) request for Planned Low Densi tv Residentialby the Dublin Planning and Zoning Commission hnd/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin wHI be able to provide essential ""',~ services such as water and sewer facilities when needed by said applicant. ,- ,,, TIle City of Dublin will make every effort to have these services available as needed. However, the rapid growth of the CHy of Dublin and Northwest Franklin County has stretched the City's capacity to provide these serv:Lces to the limit. As such, the City of Dublin may he unable to make all or part of said facilities available to the applicant until some future date. The undersigned hereby acknowledges and understands the foregoing. (/) /131 ~~- -. Date Signntl/re of AppU nnt or authorized representative thereof. On hehol f of: ~','''\ Mil Schottenstein Homes Inc. AppUcant ~" - - ftliN~. ...""", Page 4 of 4 MIl SHOTTENSTEIN HOMES, INC. 10/13/95 PLANNED LOW-DENSITY RESIDENTIAL DEVELOPMENT PLAN TEXT ERWIN - II The following information is submitted in accordance with the requirements of Section 1181.02(b)(2) of the Dublin City Code. - A. The proposed location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area and the total ~ number of dwelling units proposed in the development plan: Gross acreage: 15.0:t acres Total units: 30 single family lotslhouses Gross density: 2.0 du/acre Lot size: 80' of frontage on a dedicated right-of-way with a minimum lot size of 10,000 square feet Setback from dedicated right-of-way: will vary from 25' to 30' consistent with Wyndham Village subdivision setbacks Lot side yards: total of 18' or more with a minimum of 8' on one side Lot rear yards: for main buildings it shall be 25' minimum setback Maximum height: 35' No build zone: A 20' no build zone shall be indicated on the rear of the lots which abut the park and along the east property lines as shown on the submitted site plan, A 30' no build zone shall be indicated on the rear lot the lots along the west property line and a 10' no build zone shall be indicated on the side yard of lots along the park entrance, There shall also be a 200' no build zone from the center line of Brand Road ,...... as a part of the planned district. B. The proposed size, location and use of nonresidential portions of the tract, including usable - open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces: Park open space provided: 2:t acres Park open space required: 1.95:t acres Location: see attached Preliminary Site Plan The park and open space provided is in excess of the requirement. Park and open space locations are indicated on the submitted site plan. All park and open space areas shall be deeded to the City. C. The proposed provision of water, sanitary sewer and surface drainage facilities, including 1 ...... -- --" ~_,_-'--~-~'=~------"'----'---'-- .~ n I engineering feasibility studies or other evidence of reasonableness: Sanitary sewer and water shall be extended to the site from the current termini adjacent to the proposed development area. Surface drainage shall comply with the requirements of the City of Dublin, Franklin County and all state laws and regulations. The applicant will establish a storm water drainage area for the detention of storm water run- off from a portion of the development and that will filter the water into the creek at the - proper rate and the final size of the area will be adjusted according to final engineering analysis. ~ D. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other access ways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness: See the attached preliminary site plan which shows the developer's attempt to provide a consistent pattern of residential development with the residential subdivision development to the south and east The developer agrees to provide a vehicular connection from this development to the proposed land on the west at the location shown on the site plan. The proposed cul-de-sac streets shall have right-of-way of 50' and pavement width of 28' and shall meet all requirements for turning radii for construction and emergency traffic. Additionally each dwelling will have a two (2) car garage and area on the driveway to park an additional two (2) cars. Developer agrees to construct an 8' wide asphalt bike path through the 200' no build zone to - the park and an 8' wide asphalt bike path along Brand Road, Developer agrees to build 4' wide concrete sidewalks on all streets. - E. The proposed schedule of site development; construction of structures and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features. Such schedule shall include the proposed use of reuse of existing features such as topography, structures, streets and easements, Upon completion of the zoning and obtaining of all plat approvals, utilities will be extended to the site. Construction shall commence thereafter. The applicant is committed to saving as many trees as possible and will provide a tree survey at the time the zoning compliance is applied for to start construction. 2 - ~-----_._-_._--_..- The applicant will institute a tree preservation plan to try and save as many trees as possible along existing tree rows and in the rear of each lot by placing snow fencing around the drip line of the affected trees during all phases of construction and by varying the location of the utilities where possible to prevent damage to existing root systems, It is anticipated that most tree preservation will be accomplished in the rear yards and will compliment the 20' or larger no build zones located in the rear areas of most lots. The applicant shall prohibit the use of chain link, metal or plastic fencing on any of the lots - within this area through this zoning restriction and recorded deed restrictions, Any fencing installed upon any lot shall be a three (3) rail split rail fence with a maximum height of3.5' tiiIIiiiililIt above finished grade with posts at approximately 8' on center, The fence may be backed with black welded wire mesh of 12.5 or 14 gauge wire. The specific details of the fence are shown on recorded plat of Wyndham Village Section 1 on Plat 79, pages 101 and 102, Recorder's Office, Franklin County, Ohio, F. The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services and other public improvements. The development is adjacent on the north, south and west to previous single family rezonings which were recently approved by the City of Dublin. The proposed development will be served by a single access off Brand Road and through a street from the west. The access point along Brand Road shall align with the proposed entry way to the Shannon Park Subdivision located to the north of the site. The applicant will contribute 7.87% of the total design and fmal construction costs for the proposed bridge over the north fork of Indian Creek, this pledge is made in conjunction with other amounts promised for the bridge's construction resulting from commitments to develop - surrounding subdivisions. G. Evidence that the applicant has sufficient control over the land to effectuate the proposed ...... development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary. The applicant has the property under contract to purchase and has retained the engineering firm ofEMH&T to review the site. ERWIN2.TXT 10/13/95 3 ..... i - r P.,]....4'" 'tin ~..,-~-~..........~~.'._,,,'......-'- - - -. ... -''''--'' 15.193 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Virginia Military Surveys Number 5162 (6152) and 3009, and being 15.193 acres of that 45.000 acre tract as conveyed to EN/in and Erwin by deed of record in Official Record 1 0072120, all references being to records of the Recorder's Office, Franklin County, Ohio and being more particularly bounded and described as follows: ~~ Beginning at a found railroad spike in the centerline of Brand Road at the northeasterly corner of said 45.000 acre tract, said railroad spike also being the ~ northwesterly corner of that 4.341 acre tract as conveyed to John E. and Kathryn J. Humbert by deed of record in Official Record 05798H08 and being located North 810 12' 37" West, a distance of 1192.54 feet from Franklin County Geodetic Survey Monument Number 6647 at the centerline intersection of Brand and Avery Road (South); thence South 15004'16" East, leaving the centerline of said Brand Read and being along the westerly line of said 4,341 acre tract (passing an iron pin on line at 32.80 feet) a distance of 713.46 feet to an iron pin at the southwesterly corner of said 4.341 acre tract, said iron pin also being in the northerly line of that 53.030 acre tract as conveyed to City of Dublin, by deed of record in Official Record 00a26A20; thence South 750 54' 52" West, being along the northerly line of said 53.030 acres tract, a distance of 142.56 feet to an iron pin at the northwesterly corner of said 53.303 acres tract; thence South 150 36' 40" East, being along the westerly line of said 53.303 acre tract, a distance of 97.87 feet to an iron pin; - thence leaving said westerly line and crossing said 45.000 acre'tract, the following courses (5) and distances: - South 4eo 03' 32" \\'est, a distance of 152.34 feet to an iron pin; South 680 14' 41" West, a distance of aa.sa feet to an iron pin; South 4eo 01' 34" West, a distance of 113.87 feet to an iron pin; South 230 48' 2311 West, a distance of 247.34 feet to an iron pin; and, South 650 27' 43" West, a distance of 48.76 feet to an iron pin in the westerly line of said 45.000 acre tract. said iron pin also being in the easterly line of that 123.627 acre tract conveyed to Walter l.. Starkey by deed of record in Official Record 00368C 19; Continued..... - .."'.Jl.', v"-I ._ ~....J J.~. ,-..nil ~llnO\ I r......... ""'t t t 15.193 ACRES - Page Two - thence North 15. 16' 25" West, being along the easterly line of said 123.627 acres tract, a distance of 608.48 feet to a P.K. Nail in the root of a tree. said ?rK. Nail being in the northerly line of Virginia Military SUr\ley Number 3009 and the southerly line of Virginia Military Survey Number 5162 (6152); - thence North 8' 06' 3011 West, continuing along the easterly line of said 123.627 _ acres tract, (Passing an iron pin on line at 763.57 feet) a distance of 794.92 feet to a railroad spike in the centerline of Brand Road at the northeasterly corner of said 123.627 acre tract; thence South 810 12' 37" East, being along the centerline of said Brand Road, a distance of628.17 feet to the place of beginning, containing 15.193 acres of land, of which 0.434 acre lies within the present right-of-way of Brand Road, leaving a net acreage of 14,759 acres of land, more or less. Subject. however, to alllegel rights-of-way and/or easements, if any, of previous record. The bearings are based on the same meridian as the bearing of the north line of "Wyndham Village Section 1", of record in Plat Book 74, Pages 101 and 102, Recorder's Office, Franklin County, Ohio, having a bearing of South 740 18' 4411 West. EVANS, MECHWART, HAMBLETON & TILTON, INC. - - ~~- ~t-f(J . 8S R. Hill ' rofe~~ional Surveyor No. 6919 JRH:kd .......... ---- -_.... I . '_ , SURVEY OF 15.193 ACRE TRACT LOCA TED IN VIRGINIA MILITARY SURVEY NOS. 3009 Be 5162 (6152) CITY OF DUBLIN, FRANKLIN COUNTY, OHIO SOAU: 1- . 300' "'UNE 1. 1D95 -O--IRON PIN RECORO REFERENCES BASIS OF BEARINGS : The bearings shown on this plat are based on . the same merIdian as the bearing ..." of the north line of Wyndham Vil- lage Section 1. of record in Plot Book 74. Pages 101-102, Record- lillliii<t-.. er's Office, Franklin County, Ohio. hewing a bearing of South74'16'44"West. ~ BRAND . s 81'72'3'. -S 628.7." ROAD IUt sprlc. - ____a !1-"2~ R.R. Spike 1112.84' r - :E 15.193 Ac. Total Jonf\ /\:,,~bert ---- ~o\~ff~.'\ ~e~ l6'\~'2.) -0.434 Ac. R/W . S. ~,&~ \1.\1. . 09 14.759 Ac, Net ...---:-: '!JO -,3\~ \I.~'S' 0'0 l o~196 '" ----- O.R. ~~ ~. ----- --- --- .,..,., \ S 23'48'23" W \ Crty Of Dublin 241.3.... \ 53.030 Ac. O.R. 00826 A 20 \ Walter L. Starkey \ 12.3.627 Ac. \ O.R. 00368 C 19 . Erwin and Erwin \ \ 45.000 Ac. - . a.R. 10072 I 20 \ ~, - \. \ ............,......, .... '\ l 0,. ~ ......,.. .......... (J -""~.. \ /~ ~r/.' .MIa '.'" l: R. Gt . . . i . i IIU . : " i \ 'V-~UlIJ ..V;; tI' .....' S 1 .. ~".~ ~ ~ 1/ ...h.... a lI,,, l'E~ "",........ RM.HAT. INC. ~ 100' too' I '"l IN FEET By D_1"7C1 --- ---- I \ I 'fa ~ 't ZONE X ~ ~ ..(. . I - I - ZONE X )-1 [EJ - ~ 0 z ::> 0 m )- I- .z ;::> 0 0 - c.; f l2\... ZONE X ZONE\X , I \ I \ , \ 1 \ ~ \ ~ ..(. ~ 1, , Rezoning Application 4' .. Z9S-011 Erwin Property-Brand Road ....."f''l''I_ 1 Floodway Map, FIRM Map, I I 1" = 500' . - 'N' - - ..... ......-. -' I .. 'N' .- ,- .~. ... -. -. ... .... - .- +..- ...... -- r~ '.' .... ... t::, '.' - ,.- ,.. ,.. " . ..., ...., .- ... ..- 'W" .'. -. .- ... ... -- ... + ... .- ... .-. ... - .- - - - .- SITE DATA i ..... PARK REQUIREMENTS lGII "'I" DonolIr ",..:. EreIn to eo.- LF._ lGII 1......1 '" 11001. ........ 30. .lila-I..: - "'1..... <ioU... ( . -- liliiii - "._,-~',~~~-'<'.~- '~'~',""",,',- 7-- -'n ENlBV' WITH, . - ....:. . ," -r." .", , '~8~ ASPHALT ~'.q: PATH , \':'~"',(Aet~rocate-l -, 19,2 - , 0 - - ~<' " ...... , . . ," ."" " ," ": . ,.' , ')iN. \ ,\ \~ ./ ~ / . X.~J...-" "-y' , .' '/. ,': ~ . . ;;4 . '..\. ~' " .. - \., \ ~\/:t.} ./~-~ It NO.' X,Ii.21 \-"" , \ we J. '..... / ,-"'" ~ H ) )( "':. \); +- C " DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION AUGUST 3, 1995 CITY OF DUBLIN ... The Planning,and Zonit.1g Commission took the following action at its regular meeting: ....~ ..... 1. Rezoning Appllcation Z95-011 - Erwin Property on Brand Road ~ ~'" Location: 15.193 acres located on the south side of Brand Road, approximately 1,300 feet west of A very Road." Existing Zoning: R-l, Restricted Suburban Residential District. . Request: PLR, Planned Low Density Residential District. Proposed Use: A single-family development of 30 lots with two acres of parkland. Appllcant: MIl Schottenstein Homes, Inc., Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, Ohio 43215. MOTION: To approve this rezoning application because the density conforms to the Community Plan, it is compatible with existing development patterns in place, the parkland expands the North Fork of the Indian Run link to A very Park, and the plan will provide for preservation of the wooded environment, with the following 12 conditions: 1) That right-of-way consistent with the Thoroughfare Plan (40 feet from centerline) along Brand Road be dedicated to the City, upon rezoning; 2) That no-build zones be provided along all lots which abut the park; 3) That fencing restrictions and applicable yard requirements be provided in the text and ... later on the preliminary and final plats; t. 4) That a bikepath be installed along Brand Road, and a buffer plan with path be provided .... for the lots which abut Brand Road; 5) That restriping of Brand Road for left..tum storage, and street lighting be provided at the entrance to the site, in coordination with the Shannon Glen subdivision, subject to approval by the City Engineer; 6) That the no-build zone along the west property line be widened to at least 30 feet to preserve the double-wide tree row; 7) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 8) That contribution for the bridge across the North Fork of the Indian Run include seven to nine percent of the estimated total cost of construction, to be secured by a letter of credit at the time of preliminary plat review, to the satisfaction of the Law Director; Page 1 of 2 ., t DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION AUGUST 3, 1995 1. Rezoning Appllcation Z9S-011 - Erwin n (Cont.) - 9) That all changes be made to the text and plan to the satisfaction of staff, prior to scheduling thj.S' application for a public hearing; ...... 10) That utility providers be listed on the appropriate plats; 11) That the appliCant install a bikepath (about 200 feet in length) within the park entrance, prior to the construction of homes; and 12) That the applicant coordinate a street connection with the property owner to the west. * Jeff Brown, Smith and Hale, representing the applicant, agreed to the above conditions. . " VOTE: 5-0. .- RESULT: A positive recommendation on this rezoning application will be forwarded to City Council. ~,"" . -.. Page 2 of 2 ,......,. DUBLIN PLANNING AND ZONING COMMISSION STAFF REPORT AUGUST 3, 1995 CITY OF DUBLIN 5800 Shier Rings Road .. Dublinr OH 43016-1236 PhoneITDD:614/761-6550 FOx: 614/761-6506 .. CASE 1: Rezoning Appllcation Z9S-011 - Erwin Property on Brand Road APPLICANT: MIl Schottenstein Homes, Inc., clo Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, Ohio 43215-4199. REQUFST: To rezone 15.193 acres located on the south side of the Brand Road, approximately 1,300 feet west of Avery Road, from R-l, Restricted Suburban Residential District, ~ PLR, Planned Low Density Residential District. BACKGROUND: This application involves about 15 acres of a 45-acre tract located on the south side of Brand Road to the west of Avery Road. The larger 3Q-acre portion of the tract, located south of the North Fork of the Indian Run, was rezoned to PLR late last year and includes 60 single-family lots with 5.49 acres of parkland. The regulations governing the rezoning process in this case are contained in Chapter 1125, and the PLR standards are included in Section 1181.02. Under these provisions, the applicant is required to submit a plan for consideration at thi,s stage including the general layout, lot size, access, park~, utility service, and development standards. .- The Planning and Zoning Commission has at least 30 days to make its recommendation on the rezoning requested. The application is returned with a recommendation to City Council for scheduling of 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. A rezoning ordinance becomes effective 30 days following passage. H approved, the proposal will be reviewed under preliminary and final platting procedures as well. GENERAL CONSIDERATIONS: 0 The site is part of a 6O-acre, extremely deep, 6O-acre tract with frontage on Brand Road, and Tullymore Drive. This rezoning application only includes property situated between Brand Road and the North Fork of the Indian Run. The northern portion of the 6O-acre tract averages about 975 feet of depth, with 600 feet of frontage along Brand Road. 0 The site abuts the North Fork of the Indian Run on the south, and a large-lot single- family residence fronting on Brand Road, and then the Indian Run United Methodist Church, on.the east zoned R-l. The future Shannon Glen subdivision is located to the north across Brand Road, and is zoned PUD, Planned Unit Development District. A ... ~-' .....- ~"-~,-.....,=~~--~~,~_.,.,....~.<-"- 1 I Dublin Planning and Zoning Commission Staff Report - August 3, 1995 Page '2 large undeveloped tract (Starkey) is located west of the site zoned PLR. South of the North Fork of the Indian Run is future Wyndham Village Section is zoned ~. 0 The southern third of this site is heavily wooded. There are mature tree rows along the periphery of the tract. The west property line of the site is wooded with a double-wide tree row along the southern end, measuring up to 45 feet in width. ..... LAND USE CONSIDERATIONS: f 0 The west-of-Avery corridor has been designated in the Community Plan for residential l use with a gross density of between one and two dwelling units per acre. This density ..... limitation has generally been met with other sites in the area, except for the Starkey site which is 2.02 dwelling units per acre. The proposed density within this plan is two dwelling units per acre. 0 There are 30 lots proposed within this new subdivision. The minimum lot size is 10,000 square feet, and minimum frontage at 80 feet. The minimum depth shown is 130 feet. 0 The development text for this site includes a 25- to 3O-foot front yard setback, and rear yard of 25 percent of the lot depth, up to 50 feet. The minimum side yard proposed is eight feet on one side with an 18-foot combined side yard. A to-foot no-build zone is located along the lots with rear yards which abut the park, and along the east' and west property lines of the site. A no-build zone needs to be located along the lots with side yards which abut the park. These development standards are consistent with Wyndham VillageS~on4. ' 0 The plan includes a 200-foot no-build zone along Brand Road, consistent with City policy. Other surrounding development which have incorporated this 200-foot setback into approved plans include Hawk's Nest, Shannon Glen, Muirfield Phase 44/Lochmuir, Lakes at Dunmere, and the Starkey property. Maintenance of the no-build zone area shoUld be the responsibility of the neighborhood association. This should be included within the text and deed restrictions. A buffer should be provided for lots which abut - the no-build zone. 0 Fencing restrictions have not been included in the text and should be addressed at this time. - ROADWAY CONSIDERATIONS: 0 The proposal includes a loop street with a cul-de-sac. The entrance at Brand Road will align will the Shannon Park entry. The new local loop street includes a 50-foot right-of- way with 28 feet of pavement. A stub street is provided to the west to connect to the Starkey property. The plan shows the location of that stub street farther south of the opposing stub street within the Starkey plan. The proposed conn~on with this plan offers a more efficient layout. Staff has contacted the developer of the adjacent tract and he has not provided comments regarding any redesign issues. Issues regarding roadway conn~ons need to be made at the preliminary plat stage. A temporary turn-around for the stub street will be required at the western property line, to the satisfaction of the City Engineer. The text states that the cul-de-sac will meet all requirements for turning radii for construction and safety. 0 The 1988 Thoroughfare Plan includes Brand Road with 80 feet of right-of-way. The applicant needs to dedicate 40 feet from centerline along Brand Road to the City. - ~~.~------ " Dublin Planning and Zoning Commission Staff Report - August 3, 1995 Page 3 0 A bridge across the North Fork of the Indian Run with connection to Brand Road is proposed within the Starkey property to the west. The applicant, as part of the southern portion of the Erwin tract, will provide a letter of credit for about 16 percent of the total projected $432,000 cost of the bridge. The applicant states that the letter of credit is valid for five years, after the preliminary plat is approved. An additional nine percent of the cost of the bridge will be provided with this section of the Erwin property (approximately $38,800). 0 The'text indicates that each dwelling will have a two-car garage and area for parking on ...... the driveway. The Code restricts parking forward of the platted building line. "No parking" areas need to be designated along all streets on all plats, plans, and building ...... permits, because the proposed pavement is less than 32 feet wide. 0 The entrance into the Shannon Glen subdivision to the north has been designed to accommodate left-turn storage on Brand Road. " Some restriping of Brand Road may be required for this site to coordinate with the Shannon Glen improvements. Street lighting will be needed at the entrance to this site. - PARKLAND/OPEN SPACE CONSIDERATIONS: 0 The required parkland dedication for this site is 1.95 acres. The proposed plan includes two acres along the southern portion of the site, north of the Indian Run. The south side of the run was included as parkland within the Wyndham Village Section 4 plan. The proposed park area includes an 45-foot wide access along the new loop street, at the southeast comer of the subdivision. The park is adjacent to the northwest comer of A very Park. 0 The text indicated the developer's commitment to build an eight-foot bikepath along the Brand Road frontage within the 200-foot no-build zone. This should be indicated on the plan, with a connection to the Starkey bikepath to the west. Four-foot sidewalks will be constructed along both sides of all other road frontages. 0 The text states that the applicant 'is will institute a tree preservation plan to save as many trees as possible along the existing tree rows in the rear of each lot. Snow fencing will .... be placed around the drip line of the affected trees during all phases of construction and the location of the utilities will be varied where possible to prevent root damage. A tree survey is needed at the time of preliminary' plat to determine placement of utilities, and .... a tree preservation plan is needed to outline the areas of snow fencing protection. (The text should be revised to reflect this. requirement.) UTILITY CONSIDERATIONS: 0 The site abuts the North Fork of the Indian Run, and the location of the 100-year floodplain and floodway will be determinants in the layout and development potential of this site. Generally, the City discourages the alteration of floodplain boundaries. Any channel improvements proposed will be subject to the approval of the City Engineer, OBPA, FEMA and ODNR. 0 The sanitary service for the site will be served by the Muirfield Drive/Brand Road trunk sewer. The first phase of this sewer is under construction. A later extension of that sewer will serve this site. .. Dublin Planning and Zoning Commission Staff Report - August 3, 1995 . Page'4 0 This development should include the extension of a watermain along Brand Road. A wa.termain will be extended along the north side of Brand Road from Avery Road to the west property line of Shannon Glen. 0 The stormwater drainage system is tributary to the North Fork of the Indian Run. A dry detention basin is 'proposed within the park along the southwest comer of the site. Stormwater tnanagement easements must be provided for access to the detention area. ..... STAFF RECOMMENDATION: Staff recommends approval of the application with subject to the following nine condition$: -- Conditions: 1) That 40 feet from centerline along Brand Road be dedicated to the City, upon rezoning; 2) '!bat no-build zones be provided along all lots which abut the park; 3) That fencing restrictions and applicable yard requirem~ts be provided in the text and later on the preliminary and final plats; 4) That a bikepath be installed along Brand Road, a buffer plan be provided for the lots which abut Brand Road, and same be shown on plan; 5) Thatrestriping of Brand Road for left-turn storage, and street lighting be provided.. at the entrance to the site, in coordination with the' Shannon Glen subdivision, subject to approval by the City Engineer; 6) That the no-build zone along the west property line be widened to at least 30 feet to preserve the double-wide tree row; 7) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 8) That contribution for the bridge across the North Fork of the Indian Run - include nine percent of the estimated total cost of construction, to be paid at the time of preliminary plat review; and 9) That all changes be made to the text and plan to the satisfaction of Staff, prior - to scheduling this application before public hearing. Bases: 1) The density proposed conforms to the maximum density outlined in the Community Plan. 2) The development is compatible with, and a logical extension of, existing development patterns in place. 3) The parkland proposed affords expansion of the North Fork of the Indian Run link to Avery Park. 4) The plan as modified above will provide for preservation of the wooded environment. Issues for Consideration at Preliminary Plat: 0 All floodway and floodplain information must be indicated on plans (including building permits), and lots will need to be redrawn if needed in accordance with .. Dublin Planning and Zoning Commission Staff Report - August 3, 1995 PageS FEMA regulations. Grading within the floodplain must be properly designed in accordance with City of Dublin and FEMA regulations. 0 All park land must be dedicated to the City by general warranty deed with the recording the final plat. Recording fees are to be paid by the developer. 0 A tree survey/tree preservation plan should be submitted to Staff for review, and lot lines, utilities, and easements should be adjusted, if necessary, to preserve trees. 0 All pavement, rights-of-way, utilities, storm sewer management, cul-de-sacs, ... vertical alignments and street geometries should be designed to the satisfaction of the City Engineer. .... 0 Stormwater management basins need to be located outside the l00-year floodplain and approved by the City Engineer. Stormwater management access easements. need to be provided for the detention basin. 0 ,No parking areas need to be designated along all streets on all plats, plans, and building permits. 0 Issues related to roadway connections with the adja~nt property must be designed to the satisfaction of Staff. ... - ... _.",.__~_..__.~_._"_M_'__" _._...-,._~.,' . Dublin Planning and Zoning Commission Minutes - August 3, 1995 , Page 2 Mr. Fishman seconded motion and the vote was follows: Mr. Ferrara, yes; Mr. Peplow, yes; Mr. Sutphen, yes; . Fishman, yes; and . Rauh, yes. (Approved 5-0.) Mr. Sutphen made a otion to accept all the d uments into the record. Mr. Fi man seconded the motion. The v was as follows: Mr. P low, yes; Mr. Sutphen, yes; . Rauh, yes; Mr. Ferrara, yes; and . Fishman, yes. (A ved 5-0.) ...... .... use he has accepted I Update / Zoning Code Amendmenr~ Addition of Multi-FamDy pearance Code Ms. Clarke said the su . tmmittee met two weeks ago, ~ a follow up meeting' scheduled for August 10, at 5:00 m. One of the conclusions 0 the subcommittee w that a separate architectural review d to review all multi-family tes was not preferred d would probably be perceived as action to slow down the s rather than eamlining it. The subcommittee w to look harder at characteri . cs that could be reg ted to improve multi- family a . There is not general accep, ce among the su mmittee to proceed with the 70 perce masonry regulation. The inti ( tion gathering psis still underway. Mr. Fishman said the 70 percent masonry not been abando . Ms. Clarke agreed and said there was group consensus to look at other alternatives. - __ 1. Rezoning Application Z9S-011 - Erwin n Lisa Fierce presented this proposed rezoning of 15 acres located on the south side of Brand Road. It is part of a 6O-acre tract, and the lower 45 acres was rezoned PLR and platted as Wyndham Village Section 4. Immediately west is the Starkey property (pLR), to the north is Shannon Glen (pLR), and to the east are a five-acre estate lot and the Indian Run United Methodist Church. The North Fork of the Indian Run runs through the site. It is tree-lined, and there are significant tree rows along the west and east property lines. Brand Road is considered a scenic collector within the Thoroughfare Plan. Ms. Fierce said the proposal included a loop street system with an entrance on Brand Road, aligned with the entry to Shannon Glen. There are 30 lots in this proposal, and it repeats the development standards as the Wyndham Village. The minimum lot size is 10,000 square feet and the minimum frontage is 80 feet. There is a 2Q-foot no build zone along the rear of the lots abutting the park. There is an access 45 feet in width to the park. A connection to Avery Park could be made in the future. The proposal also includes the 2OQ-foot setback area along Brand .... ------ Dublin Planning and Zoning Commission Minutes - August 3, 1995 Page 3 Road. That portion of openspace is not included in the dedicated parkland. The park as proposed is 2 acres; the requirement is 1.95 acres. A bikepath along the Brand Road frontage and sidewalks elsewhere are proposed. The plan has a connection to the Starkey property along the west property line, slig~tly south of where it is shown on the Starkey plan. Staff believes this is better as a layout, but the stub street location will need to be resolved at the preliminary plat review. Ms. Fierce said the Starkey rezoning included a bridge across the North Fork of the Indian Run. .... The applicant in the rezoning immediately to the south committed to provide a letter of credit for a portion of the cost of the bridge. A portion of the bridge funding should be provided also ..... by this project. Staff is recommending approval of this rezoning application with the following nine conditions: 1) That 40 feet from centerline along Brand Road be dedicated to the City, upon rezoning; 2) That no-build zones be provided along all lots which abut the park; 3) That fencing restrictions and applicable yard requirements be provided in the text and later on the preliminary and final plats; 4) That a bikepath be installed along Brand Road, a buffer plan be provided for the lots which abut Brand Road, and same be shown on plan; 5) That restriping of Brand Road for left-turn storage, and street lighting be provided at the entrance to the site, in coordination with the Shannon Glen subdivision, subject to approval by the City Engineer; 6) That the no-build zone along the west property line be widened to at least 30 feet to preserve the double-wide tree row; 7) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 8) That contribution for the bridge across the North Fork of the Indian Run include seven to nine percent of the estimated total cost of construction, to be paid at the time of - preliminary plat review; and 9) That all changes be made to the text and plan to the satisfaction of Staff, prior to scheduling this application before public hearing. .... Mr. Sutphen said the all the trees across from this site on Brand Road (Shannon Glen) had been cut down. He said some of them should have been preserved. He said the snow fence along the last phase of Dunmere was falling down. He asked staff to, make sure the snow fence is installed correctly. Mr. Bowman said the trees on Brand Road had to be removed for the new left turn lane. Mr. Sutphen asked what company would provide telephone service. Ms. Fierce did not know. The applicant thought the telephone service was GTE. Mr. Sutphen said it might be a long distance call to telephone Dublin. Ms. Fierce said it could be an issue for the preliminary plat. Mr. Ferrara asked about a condition to coordinate the stub street with the Starkey property to the west. Ms. Fierce said staff considered this a preliminary plat issue, but it could be added as a condition. - Dublin Planning and Zoning Commission Minutes - August 3, 1995 , Page ,4 Jeff Brown, attorney for the applicant, agreed to Conditions #1-9. He asked if the buffer plan referred to the lots that either backed up or side up to the 200-foot setback. He said most of the lots fronted on the 200-foot setback on the other side of the street. Only one or two lots would be subject to the buffer plan. Linda Menery, the land planner, said it was only one lot. He said Condition #6, a no-build zone along the west property line was not a problem as long as those lots could use a 25-foot building setback. ....... Ms. Clarke said the formula set for funding the bridge was initially b~ on the number of acres to be served. It was determined that the overall Erwin property was 25 percent of the land ..... involved; the lower part, 16 percent and the northern part, 9 percent. Mr. Brown said their letters from Terry Foegler indicated it would be based on the number of lots. He said it would be between 7 and 9 percent. Mr. Fishman said the entrance to the park seemed too narrow. Mr. Brown said the density was 2 units per acre, matching the properties to the south and west. Mr. Fishman said that was the suggested maximum, ,but most developments try to utilize the maximum d~sity whether it works or not. Ms. Clarke said the Community Plan indicated the gross density west of Avery Road should be between 1.0 and 2.0 units per acre. Mr. Fishman asked if this subdivision was at the absolute maximum. Ms. Clarke said yes. Mr. Fishman said if one lot were eliminated near the park entrance, it would dramatically improve the plan. Mr. Brown said that would be a problem. He said the Starkey density is higher than 2 units per acre. Mr. Fishman said the Starkey density was sightly higher to offset a portion of the bridge cost. Mr. Brown said they were paying their bridge share and cannot drop the lot. - John Ferrara agreed with Mr. Fishman. He believed part of the Community Plan dealt with vistas. He thought the park should be more welcoming. He saw no other problems. - ,Warren Fishman said Dublin should learn that a maximum suggested density becomes the density to which developers feel entitled regardless of circumstances. He said the spirit of the Community Plan was to have beautiful, natural vistas and to have less than the maximum density. Mr. Fishman said he would be more prone to approve this plan if the park entrance were improved. Dan Sutphen agreed with Mr. Fishman. He said this was the only access to the park. George Peplow said the 200-foot setback on Brand Road was most important. He said he had worked on the Southwest Area Plan and the 2.0 density was not a surprise to him. Mr. Sutphen said there should be bikepath access to the bridge, and all bikepaths should be installed before the ground is broken for those lots. It should always be clear there is going to be a bikepath to avoid later problems. A ISO-foot bikepath into the woods would make it clear that a bikepath would be connected in the future. .... Dublin Planning and Zoning Commission Minutes - August 3, 1995 Page 5 Mr. Brown agreed to installation of the 15o-foot bikepath going into the woods before the adjacent houses were built. Mr. Rauh also was sensitive to the vistas and said the ovemll plan was acceptable. Mr. Fishman asked if the lots could be rearranged to provide a wider vista. Mr. Brown in reality, with the no-build zones on the sideyards, there will be a larger vista. ... Janet Jordan said more is preferred but 40-45 feet is adequate. Mr. Sutphen agreed that the Starkey property should have been done differently. - Mr. Sutphen made a motion to approve this rezoning application because the density conforms to the Community Plan, it is compatible with existing development patterns in place, the parkland expands the North Fork of the Indian Run link to Avery Park, and the plan will provide for preservation of the wooded environment, with the following 12 conditions: .- 1) That right-of-way consistent with the Thoroughfare Plan (40 feet from centerline) along Brand Road be dedicated to the City, upon rezoning; 2) That no-build zones be provided along all lots which abut the park; 3) That fencing restrictions and applicable yard requirements be provided in the text and later on the preliminary and final plats; 4) That a bikepath be installed along Brand Road, and a buffer plan with path be provided for the lots which abut Brand Road; 5) That restriping of Brand Road for left-turn storage, and street lighting be provided at the entrance to the site, in coordination with the Shannon Glen subdivision, subject to approval by the City Engineer; 6) That the no-build zone along the west property line be widened to at least 30 feet to preserve the double-wide tree row; IIIllIII 7) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 8) That contribution for the bridge across the North Fork of the Indian Run include seven - to nine percent of the estimated total cost of construction, to be secured by a letter of credit at the time of preliminary plat review, to the satisfaction of the Law Director; 9) That all changes be made to the text and plan to the satisfaction of staff, prior to scheduling this application for a public hearing; 10) That utility providers be listed on the appropriate plats; 11) That the applicant install a bikepath (about 200 feet in length) within the park entrance, prior to the construction of homes; and 12) That the applicant coordinate a street conn~tion with the property owner to the west. Mr. Ferrara seconded the motion and the vote was as follows: Mr. Fishman, yes; Mr. Peplow, yes; Mr. Rauh, yes; Mr. Sutphen, yes; and Mr. Ferrara, yes. (Approved 5-0.) - -----...- Dublin Planning and Zoning Commission Meeting Minutes - October 6, 1994 Page 2 ':It.. 1. Rezoning Application Z93-023 - Erwin Tract Lisa Fierce presented this case. The application had been tabled at the May and September 1994 meetings. The applicant has since worked to resolve remaining issues. The request is to rezone ...... this property from the R-l, Restricted Suburban Residential District to PLR, Planned Low Density Residential District. - - - The subject site is 30.092 acres, south of the North Fork of the Indian Run, of an overa1145- acre tract. Significant tree rows border the property. It also has a large wooded area in the south. The proposal includes sixty single-family lots, a park located within the woods, and the extension of Tullymore Drive. The development standards. are similar to Wyndham Village, including a minimum frontage per lot of 80 feet and a minimum lot size of 10,000 square feet. A 2o-fOot no-build zone is shown along the entire periphery of the.site and',along the lots which abut the park. A 25-foot no-build zone is proposed along the westpro~line. Staffbelieves that the no-build zone should be. widened to at least 30 feet for the preservation of the wide tree row along the western portion of the site. Ms. Fierce said this revised plan incl:udes a stub street to the west, into the Starkey property. The City has retained a consulting traffic engineer . to assess needed additional east/west movement from A very Road to Hyland-Croy Road. Additionally, the traffic engineer is helping to determine an appropriate bridge location across the North Fork of the Indian Run and a final connection to Brand Road. The appropriate contribution from this developer for this bridge crossing needs to be determined before this rezoning application goes to City Council. The text proposes posting a letter of credit for 16 percent of the projected cost of the bridge, for a several year period. The parkland dedication required is 3.9 acres, and this plan includes 5.49 acres, - fulfilling the. deficit from Wyndham Village. The text also states a willingness to readjust lot lines along the parkland, in an effort to' preserve the trees. There is a dry detention area proposed along the North Fork of Indian Run which will service the northern" portion of the site, - and the southern portion will be serviced by the Wyndham Village retention basin. Staff is recommending approval of this rezoning ,application with :the following ten conditions: 1) That all floodway, floodplain, and floodway plus 20 feet information, be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2) That all parkland be dedicated to the City by warranty deed with the recording of the final plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet; Rezoning Application 3\ oS Z9S-011 ..- Erwin Property-Brand Road History ~~~~~_._-- Dublin Planning and Zoning Commission Meeting Minutes - October 6, 1994 Page 3 . 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director before this application is reviewed by City Council; 8) That the detention basin be located within a stormwater management easement, to the satisfaction of the City Engineer; and 9) That pedestrian accesslbikepath issues be resolved at the time of preliminary plat submission; and 10) That the bike paths be installed at the time of road construction- and the location be to the - satisfaction of the Parks Director. ..... Ben W. Hale, Jr., representing the applicant, agreed to all of the above conditions. He said the tree survey would determine the shape of the lots and the location of the roadways. Mr. Hale said there was no problem with a 30-foot setback except. with the lot located on the south side of the terminus of Tullymore extended. Mr. Sutphen asked if the detention basin area in the floodplain would b_e dry. Randy Bowman said a bowl shaped basin would be necessary to hold the water. Mr. Sutphen made a motion to remove this case from the table and Ms. Chinnici-Zuercher seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr. Ferrara, yes; Mr~ Peplow, yes; Mr. Sutphen, yes; Mr. Rauh, yes; Ms. Chinnici-Zuercher, yes; and Mr. Zawaly, yes. (Removed from Table 7-0) Mr. Sutphen made the motion to approve this rezoning application because the density proposed conforms to the maximum density outlined in the Community Plan; the development is compatible with, and a logical extension of, existing development patterns in place; the parkland proposed brings the WyndhamlWexford Estates development into full compliance; the parkland being dedicated furthers the longstanding desire for expansion of the Avery-Park woods; and the plan will provide for preservation of the wooded environment, with the follo~g ten conditions: ~ 1) That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance - with FEMA regulations; 2) That all park land be dedicated, to the City by warranty deed with the recording the final plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical alignments and street geometries be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widen~ to ~t least 30 feet, to the satisfaction of Staff; 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director, before this application is reviewed by City Council; Rezoning Application <4 \ ~ . Z9S-011 Erwin Property-Brand Road History ... - ~",,"~_.-.._-'-~-~"'" - DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION October 6, 1994 ...... ITY OF DUBLIN .. - - The Planning and Zoning Commission took the following action in the application below at its regularly scheduled meeting: 1. Rezoning Application Z93-023 - Erwin Tract Location: 30.092 acres located, on .the . south side of the north fork of Indian Run, approximately 1,200 feet west of A very Road. Existing Zoning: R..l, Restricted Suburban Residential District. Request: PLR, Planned Low Density Residential District. Proposed Use: Development of new single-family neighborhood of 60 single-family lots and 5.49 acres of parkland. Applicant: MIl Schottentein Homes, Inc., c/o Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215-4199. MOTION: To approve this rezoning application with the following ten conditions: 1) That all floodway, floodplain, and flood way plus 20 feet information be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; . ~'~ - 2) That all park land be dedicated to the City by warranty deed with the. recording the final plat. Recording fees are to be paid by the developer; - 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical alignments and street geometricsbe designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet, to the satisfaction of Staff; 7) TPat contribution for, the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director, before this application is reviewed by City Council; 8) That the detention basin be located Within a stormwater management easement, to the satisfaction of the City Engineer; - AJ~~;~ ~,~~ l{S Page lof2 Rezoning Application Z9S-011 Erwin Property-Brand Road ... History DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION October 6, 1994 1. Rezoning Application Z93-023 - Erwin Tract (Cont.) 9) That pedestrian accesslbikepath issues be resolved at the time of preliminary plat ...... submission; and 10) That the bike paths be installed at the time of road construction and the location be to the ..... satisfaction of the Parks Director. * Ben W. Hale, Jr., representing the applicant agreed to the above conditions. VOTE: 7-0. RESULT: This rezoning 'application was approved. STAFF CERTIFICATION _ ~c ..... - - Page 2 of2 Rezoning Application tl-s Z95-011 ; Erwin Property-Brand Road History - ~,._-- ".-~'~-~'~' ] Dublin Planning and Zoning Commission Meeting Minutes - October 6, 1994 , Page 4 8) That the detention basin be located within a stormwater management easement, to the satisfaction of the City Engineer; 9) That pedestrian access/bikepath issues be resolved at the time of preliminary plat submission; and 10) That the bikepaths be installed at the time of road construction and the location be to the satisfaction of the Parks Director. - The motion was seconded by Ms. Chinnici-Zuercher and the vote was as follows: Mr. Rauh, yes; Mr. Peplow, yes; Mr. Sutphen, yes; Ms. Chinnici-Zuercher, yes; Mr. Zawaly, yes; Mr. -.. Ferrara, yes; and Mr. Fishman, yes. (Approved 7-0) A 9P".-A ~ e o\tj c......... \ (1 -0) 'bc.e. S I 1<\'" {.. .~l> ...u' l--.lin.-.; ) 2. Rezoning Application Z94-00 - Gorden Property Mr. Peplow made the motion to move this 'application from the tab ; Ms. Chinnici-Zuercher seconded. All voted in favor. (Removed from Table 7-0) Lisa Fierce presented this e. The application had been bled in September witho discussion. The subject si has been reduced from 67 to 47 ac es. To the east of the site e Lowell Trace subdivisio , the Red Trabue Nature PreseN , and the Wyndham V' ge subdivision. (The Tri-C nty ditch serves as the southern b ndary line of the proposal. Ms. Fierce said the p~ sal is for 84 single-family lots an a 10Aacre elementary sch 1 site which would back u~ to a middle school site currently 0 ed by the Dublin City Sch Is. It includes 5.6 acres 0 parkland. The density proposed is .78 du/ac which is consistent .th the overall area. The development standards within the bdivision are consistent wi that of Wyndham Villag . 8o-foot lots and minimum 10,000 uare feet in lot area. A n uild zone is being propo along the lots which abut the par d. Staff recommends ~at . tional no- ........ build zones be' dicated for lots containing signifi t tree rows, especially ~ong e west and north pro lines. The street system connec from Wyndham Village. A stub street is shown to west which will eventually pro' de a collector out to Hy Cl-croy Road. ...... Addition , a stub street is located to the no . .... Ms. Fie said the parkland requirement of .6 acres includes a4~7 acre ad . on to the existing nature reserve and a 0.9 addition to the 001 site (off-site) along Tullym e Drive. She said publi street access would be provided to, the west end of the school site. ~ detention basin is pro sed for the site within the park ar in combination with a, basin p posed for the nature pr erve within the Lowell Trace sub . . sion. Staff believes density, utilities, par and, circulation, and overall d elopment standards have been resolved as a result of the cl se work with the developer du . the past few months. Staff recommends approval of . s application with the following ~en Conditions: 1) That all floodway, fl plain, and floodway plus 20fi information be indicated on plans, and lots ~ wn if needed at the time of . minary plat submission in accordance with regulations; Rezoning Application 5l~ Z95-011 ". Erwin Property-Brand Road History