125-94 Ordinance
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" RECORD OF ORDINANCES
Dayton Legal Blank Co. Fonn No. 30043
Ordinance N 0 .___~2S_~9_4.____ _ P assed_______ _u_ ______________u______________u u u19 -------.
AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR
- 121 ACRES OF LAND LOCATED SOUTH OF BRAND ROAD
APPROXIMATELY 1,800 FEET WEST OF AVERY ROAD, AT THE
UNION/FRANKLIN COUNTY LINE, FROM: R-1, RESTRICTED
-... SUBURBAN RESIDENTIAL DISTRICT TO: PLR, PLANNED
LOW DENSITY RESIDENTIAL DISTRICT. (STARKEY
PROPERTY)
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, 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.
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Section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this j0..j-h day of r ' 199 ..2.
Mayor ~tLMt!:!!ticer
Attest:
~ r!-.~
Clerk of Council
Sponsor: Planning Division
I hereby certify thot copies of this Ordinonce/hsGhltiGn ~re po.sted in dtne
City of'Dublin in accordance with Section 73\.25 of the ot1l0 ReVised Co e.
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Ordinance 125-94
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CITY OF DUBLIN PLANNING AND ZONING COMMISSION .
AN APPLICATION FOR AMENDMENT , FOR P&Z C Use Only
OF 'l'IIE CITY OF DUllL IN ZONINC ~~p lica~n NLj - 0 (C{
DIS'fRICT MAP
(Reclassification of IAand) Date l~iled: -~ -
- Fee Receipt 35~-
Received by: ~
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Plense type or print information - Use additionnl sheets as necessary
TO TilE HONORABLE PLANNING AND ZONINC COMMISSION:
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The Applicnnt The Northwood Land Corooration
being the owner(s),/lessee(s) of property located within the area proposed for
! single family development '. , requests that the following
described land to be placed in the planned low density residential district (PLR)
.
A. DESCRIPTION.OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
n. Lot(s)/Reserve(s) of
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,
- a recorded plat, with an area of .
b. Beginning at a point along
(street or other)
and being feet in a N SEW
direction from the (specify) of
(Street or other), and thence having a di~ension
of from the (specify) of
(street or other), and having an area of
"'"
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c. The tract of land containing 144! Acres and bounded by:
Brand Road (specify) on the @S E W (Circle)
Erwin Tract . (specify) on the N S @W (Circle)
Wyndham Village (specify) on the N@E W (Circle)
."!'...
Union County (specify) on the N S E ~(Circle)
lIJo""
d.. Attached legal description: YES X NO
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Page 1 of. 4
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Mnp of Proposed ZoninR District Boundaries
Two (2) copies of. mnp nccurntely.drnwn to nn appropriate scale (to fill a sheet of ..
not less than 8~ x 11 inches and not more than 16 x 20 inches). The map shall be
identified nnd submitted in addition to the Ceneral Description of Land. The map
shall include nil Innd in the proposed change and all land within five hundred (500)
feet beyond the limits of the proposed change.
....,... To be shown on the map - all property lines, street right-of-way, easements and
other information related to the location of the proposed 'boundaries and,shall be
...... fully dimensioned.
The mnp shall show the existing and proposed Zqning District or Special District
boundaries.
List all owners of property within and contiguous to and directly across the street
from such area proposed to be rezoned. The addresses of the owners shall be those
appearing on the County Auditor's current tax list or the Treasurer's mailing list.
NAME ADDRESS
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(See Attachment "A")
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- B. ARCUMENTS FOR RECI..ASSIFICATION OF TilE DESCRIBED LAND
1. Proposed Use or Development of the I..and: Pl ;mnpi! 1 ow i!pn~; ty rp~; npnti ::11
district (PLR) single family .
PLANNED DEVELOPMENT ZONINC DISTRICTS and SPECIAL DISTRICTS submission of
three (3) copies of a Development Plnn and other documents arid two (2)
copies shall be retained as a permanent public record if approved.
For othe~ ZoninR Districts, such plans or other exhibits would be helpful
to the re~iew of this application.
Plans and Exhibits submitted
Plot Plan ; Building Plan ~; Development Plan _; Sketch _;
Photographs - ; Other Concept Plan (specify)
2. State briefly how the proposed zonin~ and developme~t relates to the existing
..".., and probably future land use character of the vicinity.
~ This PLR development will allow the property to be developed in a
manner consistant with the existing development, Wyndham Village, to the
south and the proposed development, Shannon Glen, to the North.
Page 2of.4
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ATTACHMENT "A"
Name Address
1. Michael W. & Saundra K. Eicher Michael W. & Saundra K. Eicher
Lot #30 - Wyndham Village 7S/5' Tullymore Drive
Dublin, OH 43017
2. Randall L. & Suzanne B. Hicks Randall L. & Suzanne B. Hicks
Lot #29 - Wyndham Village '7SO 7 Tullymore Drive
Dublin, OH 43017
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3. Reserve "c" Wyndham Village
MIl Schottensteins Homes, Inc.
1855 E. Dublin Granville Rd.
P. o. Box 29188
Columbus, OH 43229
4. MIl Schottensteins Homes, Inc. MIl Schottensteins Homes, Inc.
Lot #91 - Wyndham Village 1855 E. Dublin Granville Rd.
P. O. Box 29188
Columbus, OH 43229
5. Thomas S. & C. A. O'Connell Thomas S. & C. A. O'Connell
Lot #92 - Wyndham Village Helpbringer Mortgage Serv., Inc.
1105 Schrock Road
Columbus, OH 43229
6. Satya P. & Suda Chauhan Satya P. & Sudha Chauhan
Lot #93 - Wyndham Village 1073 Bluffpoint Dr.
Columbus, OH 43235
7. MIl Schottensteins Homes, Inc. MIl Schottensteins Homes, Inc.
Lot #94 - Wyndham Village 1855 E. Dublin Granville Rd.
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P. O. Box 29188
Columbus, OH 43229
_bY
8. MIl Schottensteins Homes, Inc. MIl Schottensteins Homes, Inc.
Lot #95 - Wyndham Village 1855 E. Dublin Granville Rd.
P. O. Box 29188
Columbus, OH 43229
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Attachment "A"
Page 2
Name Address
9. Wyndham Village Smith & Hale
Attn: Wyndham Village
37 West Broad Street
Columbus, OH 43215
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TransOhio Title Agency, Inc.
- Trustee, Attn: Wyndham Village
222 E. Town St.
Columbus, OH 43215
10. Avery Road Associates Avery Road Associates
c/o Bruce Massa
42 E. Gay Street
Columbus, OH 43215
11. The Shawnee Hills Land Company The Shawnee Hill Land Co.
c/o Scherer Co.
5131 Post Road
Dublin, OH 43017
12. Erwin & Erwin Erwin & Erwin
7805 Dublin Road
Dublin, OH 43017
13. James P. & Lillian S. Edwards J. P. & L. S. Edwards
744 Mitchell DeWitt Road
Plain City, OH 43064
....... 14. Columbus Builders Supply, Inc. Columbus Bldrs. Supply, Inc.
Employee Profit Sharing Trust
807 S. Third Ave.
- Columbus, OH 43215
15. Andrew M. Smith Andrew M. Smith
7197 Mitchel DeWitt Road
Plain City, OH 43064
16. Bishop, Trustee Deane Bishop
7751 Hyland Coy Road
Plain City, OH 43064
17. Frank J. & Ester N. Melaragno Frank John Melaragno
842 Katherine Woods Dr.
Columbus, OH 43235
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J. lias 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
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C. AFFIDAVIT
Defore 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 I (JoK!) David E. Haid
being duly sworn, depose and say that 1 am/we are tIle owner(s)/Lessee(s) of being
duly sworn, depose and say that I am/we are the owner(s)/lessee(s) of land included
in the application and that the foregoing statement herein contained and attached,
- :lOd information or attached exhibits thoroughly to the best of my/our ability present
the arguments in hehalf of the application herewith submitted and.that the statements
and attached cxl,ibits above referred to are in all respects true and correct to the
.f",,,,, best of my/our knowledge and belief.
D~M 9~
(signature) I
David E. Raid
The Northwood Land Corporation
941 Chatham Lane, Suite 100
Columbus, OH 43221
(Mailing address)
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(614)457-0200
(Phone)
Subscribed and sworn to before me this ,. q"Th day of uJ ,,~/L- ., 19:<('/
,,", .
d~(~J~
(notary Public)
...... LYNDA L. FINNERTY
Person to be contacted for detai 1s, if other tllan above signatorY:MyCo~:rxP:te~:1995
......
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(Name (Address) (Telephone)
- - - - - - - - - - - - - - - rOo not wrTtcbelow thIs-lInc)- - - - - - - - - - -..- - -
D. '.RECORD OF' ACTION
1- 'Withdrawn Held to
(natc) (J>ate)
2. P&7. C: Date of Hearing
Approved Disapproved Modified
). City Council: Date of Hearing
Approved nl.sapproved Modified
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'TIle applicant/owner hereby ncknO\0I1edges thnt approval of (his) (her) (its)
requc~1: for planned low density residential ;dist\:yi<the Dubli.n Planning and
Zoning Commission hnll/or Ouhli.n City Counci.l doe~ not constitute n gunrnntee
- or b,i.nding commi.tment thot the City of Dublin \-,ill be nble to provi.de essentinl
servi.ces such ns wnter nnd sC\oIer fncHi.ties \o/hen needed hy said applicant.
..,,,,.
'I1le City of Dublin \oIi11 make every effort to have these services available
as needed. However, the rnpid grO\oIth of the CUy of Dublin and Northwest
Frnnklin County Ims stretched the CUy' s cnpncity to prov:l.de these serv:icc~
to the limit. As such, the City of Dublin mny he unable to make all or part
of said facilities nvnilnble to the applicant until some future date.
'TIle unders:igned hereby ncknowledges and understands the foregoing.
l\~ct .. ~'?~
! Date Signnture of Applicnnt'or authorized
representative thereof.
On hehnH of:
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Walter L. Starkey, PHO
~,,,,,,4 Applicant
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Page 4 of 4
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WALTER L. STARKEY, Ph.D. MECHANICAL ENGINEER
PROFESSOR EMERITUS. OHIO STATE UNIVERSITY 6503 COOK ROAD
MACHINE DESIGNER. EXPERT WITNESS POWELL, OHIO 43065
(614) 889-1334
October 3, 1994
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City of Dublin
Dublin, Ohio 43017
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Gentlemen,
This is to inform you that I hereby wish to grant to Northwood Land Company, and its
President, David E. Haid, the right to seek, on my behalf, appropriate zoning and
annexation for my 144-acre parcel of land on Mitchell-Dewitt Road.
Very truly yours,
(}f/Jlhf.
Walter L. Starkey
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DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
APRIL 6, 1995
CITY cw Hl BIJf\!
...... The Planning and Zoning Commission took the following action at its regularly scheduled
meeting:
...
2. Rezoning Application Z94-019 - Starkey Property on Brand Road
Location: 121 acres located south of Brand Road, approximately 1,000 feet west of Avery
Road at the Union/Franklin County Line.
Existing Zoning: R-l, Restricted Suburban Residential District.
Request: PLR, Planned Low Density Residential District.
Proposed Use: A neighborhood of 295 single-family lots and 23.4 acres of parkland
(including 4.3 acres of detention basin).
Applicant: David E. Haid, Northwood Land Corporation, 941 Chatham Lane, Suite 100,
Columbus, Ohio 43221.
MOTION: To approve this rezoning application with the following 12 conditions:
1) That the density exceed 2.0 dwelling units per acre only to help offset the cost of the
bridge, if and only if it is clear and undisputable that there is excess utility capacity
available;
2) That 40 feet from centerline along Brand Road be dedicated to the City, upon rezoning;
3) That the parkland be expanded along the south end adjacent to the Wyndham Village
park, and along the North Fork of the Indian Run to the satisfaction of Staff, and that all
...... parkland be clearly delineated on the plan;
4) That no-build zones be provided along all lots which abut the park/open space;
... 5) That lot lines be reconfigured to the extent possible to follow the County line, and house
placement along the lots which straddle the county line be clearly delineated, at the time
of preliminary plat;
6) That if the Jerome Township portion (21 acres) is not successfully annexed, the plan
must be redesigned and subject to later review and approval;
7) That adequate internal access be provided to the 1.09-acre outparcel at the time of
preliminary plat submission;
8) That fencing restrictions and applicable yard requirements be provided on the preliminary
and fmal plats;
9) That a bikepath be installed along Brand Road, and a buffer plan be provided for the lots
which abut Brand Road;
10) That a left-turn lane and street lighting be provided at the entrance to the site in
coordination with the Shannon Glen subdivision;
11) That all changes be made to the text and plan to the satisfaction of Staff prior to
scheduling this application before City Council; and
!e/$BMmEDTOCOU~
Page 1 of 2 h '5 FOR MEETING ON 6
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-- DUBLIN PLANNING AND ZONING COMMISSION
," RECORD OF ACTION
APRIL 6, 1995
2. Rezoning Application Z94-019 - Starkey Property on Brand Road (Cont.) J
12) That four additional lots (adjacent to the park along the north side of the North Fork of
the Indian Run) be dedicated as parkland, and the rear property lines of the two deep lots
which abut the southern park area be moved farther west.
VOTE: 6-0.
RESULT: This rezoning application will be forwarded to City Council with a positive
recommendation.
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Dublin Planning and Zoning <:;ommission
Staff Report - April 6, , 1995
Page 3
CASE 2: Rezoning Application Z94-019 - Starkey Property on Brand Road
APPLICANT: David E. Haid, Northwood Land Corporation, 941 Chatham Lane, Suite 100,
Columbus, OR 43221.
REQUEST: To rezone 121 acres located on the south side of Brand Road, approximately
1,000 feet west of Avery Road at the Union/Franklin County line, from R-1,
Restricted Suburban Residential District to PLR, Planned Low Density
Residential District.
,....
UPDATE:
~ This case was tabled after lengthy discussion at the February 23, 1995, Planning and Zoning
Commission meeting because of issues relative to proposed density, park location(s), access, and
roadway alignment. The Commission expressed specific concerns about the crowded appearance
of the site layout and the inappropriateness of full park credit for the floodplain and setback
along Brand Road. In addition, the Commission expressed the need to expand the adjoining park
along the southeast corner of the site. The applicant has submitted a new plan with a small
reduction in the number of lots, additional open space at the southeast end (including detention
basins), and minor revisions to road layout. Fencing details have been provided.
BACKGROUND:
Much of the undeveloped property west of Avery Road (and beyond the Franklin/Union County
line) has been under review for development over the past six months. The 1988 Community
Plan does not address any of the land beyond the anticipated boundaries of Dublin. The county
line was for 20 years the limit of Dublin's sewer/water contract service area, and expansion
beyond that line was totally unexpected previous to the negotiation of the current water/sewer
contracts with Columbus.
This application involves 121 acres of a larger 144-acre tract. The remaining 23 acres is located
within Jerome Township and part of the current Dublin sewer and water contract area. There
,.... is a pending petition for annexation to Dublin for this residual piece.
.... The regulations governing the rezoning process in this case are contained within Chapter 1125,
and the PLR standards are included in Section 1181.02. Under these provisions, the applicant
is required to submit a rezoning plan for consideration including the general layout, lot size,
access, park area, utility service, and development standards.
The Planning and Zoning Commission shall have a minimum of 30 days to make its
recommendation on the rezoning requested. The application will then be returned with a
recommendation 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. A rezoning
ordinance becomes effective 30 days following passage. If approved, the proposal will be
reviewed under preliminary and final platting procedures as well.
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Dublin Planning and Zoning Commission
Staff Report - April 6, 1995
Page 4 .
GENERAL CONSIDERATIONS:
0 The site is part of a larger tract which extends into Union County to the west. The
overall tract is 144 acres located on the south side of Brand Road. The subject site of
this application is 121 acres (within Dublin). The remaining 23 acres are located within
Jerome Township and are part of a pending annexation petition.
0 The overall 144-acre site is generally rectangular in shape. It is extremely deep
(averaging 4,150 feet) and has 1,650 feet of frontage on Brand Road. The North Fork
of the Indian Run runs west to east through the northern portion of the site. The 100- J
year floodplain along the run is about 7.7 acres, and the floodway is just under four
acres. Tree rows are located along the east and south property lines, and along the
Indian Run. To the south is Wyndham Village, and to the east is the future Wyndham
Village Phase Four both zoned PLR. West of the site is undeveloped land within Jerome
Township. To the north, across Brand Road, is future Shannon Glen zoned PUD,
Planned Unit Development District, for single-family development and undeveloped land
zoned R-l.
0 The site does not include a 1.09-acre parcel (Edwards property) situated at the northwest
corner of the site and straddles the county line. Most of the parcel is zoned R-l, but a
portion is zoned U-l within Jerome Township. This parcel will be an outparcel or
"island" as surrounded by this new development. A vehicular access easement runs north
from this parcel to Brand Road, and it will be vacated with this proposal. This parcel
will have access from a new street internal to the new subdivision. This needs to be
demonstrated at the time of preliminary plat submission.
0 Initial development is proposed along the north end of the site. The area south of the
North Fork of the Indian Run will be divided into two or three future phases for later
development.
LAND USE CONSIDERATIONS:
0 The west-of-Avery corridor has been designated in the Community Plan for residential
use with a gross density between one and two dwelling units per acre. This density J
limitation has been kept thus far for all the other sites in the area with a variety of
different lot sizes. However, Staff supports the minor increase of density with this
proposal, given the substantial cost associated with the bridge across the North Fork of
the Indian Run (estimated at $432,000), and provided utility service is adequate for the
additional seven lots. The proposed density of this plan has been reduced from 2.06 to
2.05 dwelling units per acre.
0 The number of lots has been reduced from 297 to 295 as part of the overall 144 acre
tract. Within the Dublin portion there are 264 lots, and subject of this rezoning
application. There are 31 lots entirely within Jerome Township. Eleven lots are shown
split by the county line. The lot lines need to be redrawn to follow the county line where
possible. The building area/house placement should be clearly delineated at the time the
preliminary plat is filed for this tract. The Commission requested this information on
the Gorden property on Post Road at the county line.
0 The minimum lot size remains 10,400 square feet, and the minimum frontage is 80 feet.
The minimum depth shown is 95 feet to 125 feet on five lots. The average lot depth
shown is 135 to 138 feet. The development text for this site includes a 25- to 30-foot
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Dublin Planning and Zoning Commission
Staff Report - April 6, 1995
Page 5
front yard setback, and rear yard of 25 feet. The minimum side yard proposed is six feet
on one side and a 14-foot combined side yard. These are consistent with adjacent
development standards within Wyndham Village Sections 1, 2, and 3. A 25-foot no-
build zone is proposed along the east, west, and south perimeter. Comer lots with side
yards along these property lines will have a 10-foot no-build zone.
0 A 200-foot setback is shown along Brand Road, consistent with other surrounding
development (Hawk's Nest, Shannon Glen, Muirfield Phase 44/Lochmuir, Lakes at
....... Dunmere). A note is shown which prohibits vehicular access along that road from the
abutting lots. A buffer is needed along that setback area.
...... 0 The proposed fencing includes a 3.6-foot split-rail fence with optional wire mesh.
Fences are pennitted on the lots except for no-build zones. No stockade or other solid
fences are permitted.
ROADWAY CONSIDERATIONS:
0 The proposed right-of-way indicated in the Thoroughfare Plan for Brand Road is 80 feet.
This site includes a legal description to the centerline of Brand Road, and the plan does
not show any right-of-way dedication to the City. Forty feet from centerline is needed
to comply with the Thoroughfare Plan.
0 The proposal includes a bridge across the North Fork of the Indian Run. The estimated
cost of the bridge is $432,000. The developer of Wyndham Village Section 4 has
committed to providing a proportionate share of the cost (about 16 percent based on
acreage) .
0 Tullymore Drive will be extended west from Wyndham Village Section 4 through this
site, across the North Fork of the Indian Run, to Brand Road. It has been reconfigured
with an east/west through movement to the west property line, with an intersecting road
to Brand Road. Tullymore Drive will have a 60-foot right-of-way with three lanes (36
feet) of pavement. Other streets with 60-foot right-of-way include the main entrance
road from Brand Road, Shanagan Street (from Wyndham Section 4), and the southern
...... stub street to the west. All other streets will have 50 feet of right-of-way and 28 feet of
pavement (with posted no parking signs on one side of the street). A provision for
... seven-foot wide tree lawns is required.
0 A connecting street is proposed on the southern end to Wyndburne Drive within
Wyndham Village Section 3. The plan includes three stub roads to the undeveloped
property to the west. A stub road has been provided into the property to the east (Erwin
residual) on the north side of the North Fork of the Indian Run.
0 A left-turn lane along Brand Road and street lighting will be needed, consistent with City
policy, at the entrance to this site. This design should be coordinated with traffic
improvements for the Shannon Glen subdivision to the north.
0 The street connection to Brand Road as proposed is 300 feet west of the western entrance
into the Shannon Glen subdivision. This road should be moved farther west to maintain
safe turning movements. The alignment of the main entrance road needs to be properly
coordinated (directly aligned or adequately offset) with Shannon Glen.
,...
Dublin Planning and Zoning Commission
Staff Report - April 6, 1995
Page 6 .
PARKLAND/OPEN SPACE CONSIDERATIONS:
0 The required parkland dedication for this site is 19.11 acres (based on the tota1144-acre
parcel) . The proposal includes 23.4 acres of park/open space. There are 5.6 acres
located along Brand Road as part of the 200-foot setback. This cannot include the
required 40-foot from centerline dedication along Brand Road. A 20-foot access
easement is provided between two lots abutting this open space area. Along the North
Fork of the Indian Run, the proposal shows 14.3 acres of open space/parkland including
4.29 acres within two detention basins. The area set aside for stormwater detention is J
not used to meet the parkland dedication requirement, but does add to the overall open
space. There are approximately four acres of floodway and 7.7 acres of floodplain along
the Indian Run. Two access easements are shown to this section of open space, between
lots along Tullymore Drive and lots along the northernmost east/west road. The parkland
shown at the southeast corner of the site, adjacent to the existing park within Wyndham
Village, has been enlarged to 3.5 acres. All parkland needs to be dedicated to the City
by warranty deed with the recording of the final plat, and the recording fees are paid by
the developer.
0 The 2oo-foot setback as measured from centerline is not a Code requirement, but it is
a goal that has been incorporated into numerous plans through the use of a planned
district. Where part of a broader park plan, it has been used to satisfy part of the park
dedication requirement.
0 Additional easements are needed to improve access into the various park/ open space
areas. At least two access points are needed along the Brand Road area. Two points
from the north side of the Indian Run, and two from south side of that open space area
are needed. An easement should be provided to the southernmost park area, from
Shanagan Street. Additionally, the rear property lines of the two deep lots which abut
the entrance to that parkland (along the northeast) should be moved farther west in the
form of a parallel line. Accessibility to the parkland along the Indian Run should be
improved by including the area at the southwest corner, approximately four lots, of the
northern east/west road, and the street intersecting with Brand Road. J
0 An eight-foot concrete bikepath is proposed along the north/east side of Tullymore Road
to Brand Road. All other streets will have a four-foot sidewalk on both sides of the
street. Exclusive bikeway or sidewalk easements may be required to maintain minimum
tree lawn widths. A bikepath should be provided along Brand Road.
0 The tree preservation plan within the text includes the installation of fencing prior to
construction of utilities and streets. Driveway locations will be alternated where
necessary to preserve trees. A tree preservation plan is needed at the time of preliminary
plat outlining the areas to be protected.
UTILITY CONSIDERATIONS:
0 A large portion of the stormwater drainage system is tributary to the North Fork of the
Indian Run, and the southern area is tributary to the Bear Run to the south. Two
detention basins are proposed within the dedicated open space/park area along the north
and south sides of the Indian Run. They must be located outside the loo-year floodplain
and sized and located so as not to conflict with the park functions and/or access.
~
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Dublin Planning and Zoning C;ommission
Staff Report - April 6, 1995
Page 7
0 The sanitary service for most of the site will be provided by a trunk sewer south of
Brand Road and north of the North Fork of the Indian Run. The remaining area will be
served by a trunk within Wyndham Village. The sewer must be extended to the western
boundary of the city.
0 A 12-inch waterline on Brand Road and an eight-inch waterline within Wyndham Village
to the south will service the site. The waterline along Brand Road must also be extended
to the westernmost property line, and waterlines must be looped between Brand Road and
...... Wyndham Village.
0 The utility companies that will provide service to the site include Columbia Gas, General
..... Telephone, American Electric Power, Ohio Edison, and Warner Cable Communications.
STAFF RECOMMENDATION:
The developer has been working with Staff to redesign the layout of the proposal for several
months. He has significantly improved the plan to conform to City plans and to provide a well-
coordinated development. Staff recommends approval of the application subject to the following
eleven conditions:
Conditions:
1) That the density exceed 2.0 dwelling units per acre only to help offset the cost of
the bridge, if and only if it is clear and undisputable that there is excess utility
capacity available;
2) That 40 feet from centerline along Brand Road be dedicated to the City, upon
reZOnIng;
3) That the parkland be expanded along the south end adjacent to the Wyndham
Village park, and along the North Fork of the Indian Run to the satisfaction of
Staff, and that all parkland be clearly delineated on the plan;
4) That no-build zones be provided along all lots which abut the park! open space;
5) That lot lines be reconfigured to the extent possible to follow the County line, and
- house placement along the lots which straddle the county line be clearly
delineated, at the time of preliminary plat;
... 6) That if the Jerome Township portion (21 acres) is not successfully annexed, the
plan must be redesigned and subject to later review and approval;
7) That adequate internal access be provided to the 1.09-acre outparcel at the time
of preliminary plat submission;
8) That fencing restrictions and applicable yard requirements be provided on the
preliminary and final plats;
9) That a bikepath be installed along Brand Road, and a buffer plan be provided for
the lots which abut Brand Road;
10) That a left-turn lane and street lighting be provided at the entrance to the site in
coordination with the Shannon Glen subdivision;
11) That all changes be made to the text and plan to the satisfaction of Staff prior to
scheduling this application before City Council.
......
Dublin Planning and Zoning Commission
Staff Report - April 6, 1995
Page 8 .
Bases:
1) The development is compatible with, and a logical extension of, existing
development patterns in place.
2) The parkland being dedicated affords expansion of the natural corridor along the
North Fork of Indian Run.
4) The plan, as modified above, will provide for preservation of the wooded
environment.
Issues for Consideration at Preliminary Plat: ]
0 All floodway, floodplain, and floodway plus 20 feet information must be indicated
on plans (including building permits), and lots will need to be redrawn if needed
in accordance with FEMA regulations.
0 All pavement, rights-of-way, utilities, storm sewer management, cul-de-sacs,
vertical alignments and street geometries, including the bridge across the North
Fork of the Indian Run, need to be designed to the satisfaction of the City
Engineer.
0 Stormwater management basins need to be located outside the 1oo-year floodplain
and approved by the City Engineer, and wet basins should be utilized if possible.
0 No-parking areas need to be designated along all 28-foot streets on all plats,
plans, and building permits.
0 All water lines need to be looped between Brand Road and Wyndham Village.
0 The sanitary sewer need to be extended from Shannon Glen to the western
boundary of the site.
0 A tree preservation plan should be submitted for review.
J
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~
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Dublin Planning and Zoning, Commission
Meeting Minutes - April 6, 1995
Page 4
Mr. Cline said he did not ask the Co ssion to vote against the Thoroughfare Plan, but wanted
to make them aware of the imm . te impact on development in a planned district.
Mr. Raub said the Commissio had to look at a bigger Dublin an -' ~e a decision for the
whole, not one property own . Mr. Fishman agreed that what is g~~or Dublin overall must
be considered. 1
.... Ms. Clarke said there are lear implications for a couple developU;ents on the books, Windmiller
being one of them. S has not discussed with the property oWner what actions the City wo
-- take in terms of tryinito mitigate the impact on the project of a wider right-of-way width. he
is confident the City' can do that. ,/
/ I '
Mr. Banchefsky/ said even if the Commission reconu:ri'ends approval and Council e cts the
ordinance, it ~~"not set in stone at that point. If ther~3.re vested rights, appropriatio ISsues, or
if there needS to be a variance to the plan, that alltcomes under the legislative op' ns.
'/1
Ms. clarj said that Post Road is shown as ope~ on the 1995 update of the~oughfare Plan
because/it was shown as an open street with ,~t60-foot right-of-way on the 19 8 plan. Because
furthef studies have not been taken to clo~e it, it would be inappropri~te/ 0 change it on this
docufnent. Regarding Mr. Keenan's cOI;lcern, she said the curve on tm( 1995 version should
duplicate the one on the 1988 plan. She will make certain that it is rt:tiected exactly as it was
in the 1988 Community Plan. /
Mr. Keenan asked whether one of the elements of the McKi 'ck application related to road
configuration, and if so, how does the Thoroughfare Plan' act that rezoning request. Ms.
Clarke said it is, and the applicant is asking to have that ali ent set absolutely. Anything that
applicant does must be consistent with the Thoroughfare an, and in this regard that plan will
be the same. /
- /
Mr. Zawaly made a ~otion to recommend adop' n of the 1995 Thoroughfare Plan. Mr.
..... Fishman seconded the( motion. The vote was as Hows: Mr. Ferrara, yes; Mr. Sutphen, yes;
Ms. Chinnici-Zuercher, no; Mr. Raub, yes; Mr. Fishman, yes; Mr. Zawaly, yes. (Approved
5-1. )
2. Rezoning Application Z94-019 - Starkey Property on Brand Road
Lisa Fierce presented this case and slides. This case was tabled on February 23, 1995, after
lengthy discussion about density, parkland, roadway alignments, and access issues. The
applicant submitted a new plan which shows a reduction of two lots, bringing the density down
to 2.05 from 2.06 dwelling units per acre. Some parkland has been added to the southern end
of the site and there have been minor revisions made to the layout.
Ms. Fierce said the site includes 121 acres in Dublin, but not a 21-acre parcel in Jerome
Township which is pending annexation. There is also a I-acre parcel surrounded by the subject
~
Dublin Planning and Zoning Commission
Meeting Minutes - April 6, 1995
Page 5
site which is not part of the rezoning application. There are now 295 lots proposed. Sideyards
of six feet on one side and 14 feet combined are endorsed by Staff. Tullymore Drive has an
east-west through movement with this proposal. Better access is shown to the park in existing
Wyndham. Village. The applicant has included three and one-half acres of parkland within the
wooded portion of the site to expand the Wyndham Village park.
Ms. Fierce stated parkland dedication is the only outstanding issue. The requirement is 19.11 ....
acres, which is being met with the revised proposal, but includes too much floodplain. There ,
is an additional 4.3 acres being provided within two detention basins along the North Fork of j
the Indian Run, bringing the overall dedication to 23.4 acres.
Staff recommends approval of the application because it preserves the woods, provides park
along the North Fork of the Indian Run, and is consistent with surrounding development.
Approval is recommended with the following eleven conditions:
1) That the density exceed 2.0 dwelling units per acre only to help offset the cost of the
bridge, if and only if it is clear and undisputable that there is excess utility capacity
available;
2) That 40 feet from centerline along Brand Road be dedicated to the City, upon rezoning;
3) That the parkland be expanded along the south end adjacent to the Wyndham Village
park, and along the North Fork of the Indian Run to the satisfaction of Staff, and that all
parkland be clearly delineated on the plan;
4) That no-build zones be provided along all lots which abut the park/open space;
5) That lot lines be reconfigured to the extent possible to follow the County line, and house
placement along the lots which straddle the county line be clearly delineated, at the time
of preliminary plat;
6) That if the Jerome Township portion (21 acres) is not successfully annexed, the plan
must be redesigned and subject to later review and approval;
7) That adequate internal access be provided to the 1.09-acre outparcel at the time of ...
preliminary plat submission; !
8) That fencing restrictions and applicable yard requirements be provided on the preliminary ....i
and fInal plats;
9) That a bikepath be installed along Brand Road, and a buffer plan be provided for the lots
which abut Brand Road;
10) That a left-turn lane and street lighting be provided at the entrance to the site in
coordination with the Shannon Glen subdivision; and
11) That all changes be made to the text and plan to the satisfaction of Staff prior to
scheduling this application before City Council.
Mr. Sutphen asked if houses would still be divided by the county line and about access to the
parkland for other Dublin residents. Ms. Fierce said the county line issue needs to be addressed
by the developer, as noted in Condition #5. Staff believes additional access points are needed
to the parkland, at least two along Brand Road and four for access to the Indian Run portion of
the park. The land along the Indian Run is not necessarily usable acreage; detention basins are
not well-suited for park activities. Ms. Fierce recommended Condition #3 be made more
..
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Dublin Planning and Zoning. Commission
Meeting Minutes - April 6, 1995
Page 6
specific to include these suggestions. She suggested that 4 lots south of the Brand Road entry
be considered for parkland.
Ms. Clarke said the park requirement is 19 acres, and the plan shows 19 acres even without the
detention ponds. The parkland is very linear and the broader areas along the stream are actually
detention ponds, so they are not good for activities.
..- Mr. Sutphen asked if a loo-year floodplain was enough on flat ground, and whether a 2oo-year
floodplain had ever been considered. He reported some floodplain on property (in Union
..... County) to the west of this development was recently fIlled in with topsoil. Ms. Clarke said a
2oo-year floodplain is not much bigger.
Ms. Pierce said, regarding floodplain issues, the area shown along the North Fork of the Indian
Run is about 14.5 acres; of that, there are 7.7 acres of floodplain and four acres of floodway.
Ms. Pierce said another consideration in the Staff Report was that the back lot lines of the
southern lots be reconfigured to gain more woods and reshape the park.
Mr. Pishman expressed his ongoing concern about density and about the triangle-shaped lots on
the curve, regarding entrance and exit from driveways.
David Haid, President, Northwood Land Corporation, said he agreed with Conditions #1,2, 5,
6, 7, 8, 9, 10, and 11, as listed in the Staff report. Regarding Condition #4, he still requests
that condition be reduced for the three lots that have a sideyard. He said he needed clarification
of the second part of Condition #3. He thought he had equalled or exceeded what the
Commission requested. The southern woods is the best part of the site, and he hoped the park
was adequate.
- Mr. Haid said, regarding issues for consideration at preliminary plat, it is all tied in with the
lot issue. There are only eight lots proposed to offset the cost of the required $432,000 bridge.
..... He is aware the stormwater management basin needs to be outside the 1oo-year floodplain and
approved by the City Engineer, and that a wet basin needs to be used, if possible.
Mr. Haid said he should not be required to give up the three or four lots, as requested by Staff.
He has met the greenspace requirement and given up 3.5 acres of trees on the most desirable
ground on the property.
Mr. Sutphen asked where the lots referred to in Condition #4 were located. Mr. Haid said they
were near the stream. Ms. Clarke said no-build zones are dealt with at the preliminary plat, and
Staff only brought up the issue to make Mr. Haid aware of it at this time.
Mr. Zawaly suggested the bridge would not have to be there without the development. Mr.
Haid said he would prefer not to have the bridge, but according to the 1988 Thoroughfare Plan,
it is necessary. There has been discussion about dividing the cost of the bridge between M/I,
Mr. Haid, and the developer of the land to the north.
.....
Dublin Planning and Zoning Commission
Meeting Minutes - April 6, 1995
Page 7
Mr. Zawaly asked what this development does for the City as a whole. Mr. Haid responded that
it provides quality lots for those moving into the City.
Mr. Zawaly asked Staff if the bridge is a benefit to the City. Ms. Fierce said it is a needed
north-south collector roadway. Mr. Sutphen said it is an important safety access.
Mr. Fishman reiterated that the Community Plan recommends residential use of a maximum. of
1.0 to 2.0 dwelling units per acre. He believes the project is too dense and agrees the four lots ..
should be converted to parkland. He pointed out that Mr. Haid knew when he bought the land .1
..;
that the bridge would have to be built.
Mr. Raid stated when the bridge is built there will be more access to the parkland. He agreed
to give up the four lots to increase parkland.
Mr. Ferrara commented that he would like to see the PLR, Planned Low Density Residential
District, avoided in the future, when possible.
Mr. Fishman complimented Mr. Haid on the Woods of Indian Run development.
Mr. Raid said the county line issue will be addressed at the preliminary plat. Some of the lot
lines may be moved, which may affect the acreage to a small degree.
Robert Adamek, Wyndham Village Homeowner's Association, commended Staff and Mr. Haid
on the proposed development. He believes the development will be a nice addition to the area.
Ms. Chinnici-Zuercher made a motion to approve this rezoning application with the following
12 conditions:
1) That the density exceed 2.0 dwelling units per acre only to help offset the cost of the J
bridge, if and only if it is clear and undisputable that there is excess utility capacity
available;
2) That 40 feet from centerline along Brand Road be dedicated to the City, upon rezoning;
3) That the parkland be expanded along the south end adjacent to the Wyndham Village
park, and along the North Fork of the Indian Run to the satisfaction of Staff, and that all
parkland be clearly delineated on the plan;
4) That no-build zones be provided along all lots which abut the park/open space;
5) That lot lines be reconfigured to the extent possible to follow the County line, and house
placement along the lots which straddle the county line be clearly delineated, at the time
of preliminary plat;
6) That if the Jerome Township portion (21 acres) is not successfully annexed, the plan
must be redesigned and subject to later review and approval;
7) That adequate internal access be provided to the 1.09-acre outparcel at the time of
preliminary plat submission;
8) That fencing restrictions and applicable yard requirements be provided on the preliminary
and final plats;
...
"'"'. "'"^~"_._.-."''-~ _._'.'-_._-'-_._~'.-...~~'-'_, .
Dublin Planning and Zoning. Commission
Meeting Minutes - April 6, 1995
Page 8
9) That a bikepath be installed along Brand Road, and a buffer plan be provided for the lots
which abut Brand Road;
10) That a left-turn lane and street lighting be provided at the entrance to the site in
coordination with the Shannon Glen subdivision;
11) That all changes be made to the text and plan to the satisfaction of Staff prior to
scheduling this application before City Council; and
12) That four additional lots (adjacent to the park along the north side of the North Fork of
..... the Indian Run) be dedicated as parkland, and the rear property lines of the two deep lots
which abut the southern park area be moved farther west.
......
Mr. Ferrara seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr. Sutphen,
yes; Mr. Zawaly, yes; Mr. Raub, yes; Mr. Ferrara, yes; Ms. Chinnici-Zuercher, yes.
(Approved 6-0.)
3. Final Developm t Plan - Earlington Village - 577 Dublinshire Drive - Dublin
Presbyterian urch (phase I)
Mr. Raub stated e would abstain from discussion voting on this case and turned the
meeting over t s. Chinnici-Zuercher to chair.
Mary Ne omb presented this case and slide. is is a request for approval of a Ft:
Develop' ent Plan for Phase I of the Dublin yterian Church. The site is located on J; 1
acres the south side of Dublinshire Dri , approximately 350 feet west of AShl~ ' ourt.
It' located in the Earlington Village' within the Turnberry Refmement. e Final
evelopment Plan for Turnberry wa riginally approved in 1988 and included 50 siyile-family
cluster homes. Only three of the ster units were constructed. In 1990, a plan ~efmement for
37 standard single-family ho and the five-acre church site was approved. ~ single-family
.....- area is The Woods of Dubr . e. There is an existing bikepath that runs alsmg the eastern and
southern boundaries. M . Newcomb said there will be one access point off Dublinshire Drive.
...... .'/
Ms. Newcomb sai h~e I consists of 13,274 square feet of church,,~ith parking for 154 cars
on the eastern . Ition of the site. The applicant anticipates a fut:wf addition of about 17,000
, ~
square feet, ,!tIl an additional 91 spaces. This building meet~e setback requirements of 30
feet alon /ublinshire Drive for both pavement and buildin~/3.nd 15 feet on the sideyards for
paveme ~ 30 feet for the building. AdditiOnal7tion about floodplain should be
required to ensure all applicable Codes are met. .'
;/
Ms. Newcomb said the applicant will construct'~idewa1k along Dublinshire Drive. Staff
requests that this section match the existing ~oining sidewalks. The applicant proposes
substantial buffering along the western prope line. There is an existing mound and evergreen
planting on the eastern property line. applicant has been working with the residents to
create a combined mound and buffer. Sta recommends minor changes to the landscaping plan.
,....
James and Lillian Edwards
7041 Mitchell Dewitt Road
"?lain City, Ohio 43064
Subject Am1~-ation mid Development of Starkey Property
We bave been approached by David Haid ofNorthwood Construction Company to give
him authority to act as an agent in a. petiton for annexation of a quarter acre of our property
which lies in Union County along with a portion of the Starkey proprty which will be deve
loptd.. Tn, City of Dublin is requesting the annexation of our property as part of the ...
requirement for development of the Starkey property which lies in Union County just to {
J
. the west of our property. We are concerned with both the impact of the annexation and
development of the surroooding porperty ,
Annexation of Edwards Property
W, ~an not see any advantage to us annexing our property to Dublin.
1. It would mean higher taxes on that piece of property.
2. It could cause an increase in tb overall taxes on the total property.
. 3. It would bring \l8 under the stri~ter ordinano~s of Dublin in how the property may
be used.
- . -
Imput oiDevelopment of Starkey Property.
The exact impact of the development of the Starkey property which surrounds us is
hardfor us to de~rmine at this time, but we do have some conerns about it
1. We mow the access to our property will ~hang~ and this require us to build anew
drive way to access our garage. 'Ibis means taking out a. walled in garden area,
removing a,1ree and transplanting the present plants to a different part of our yard.
It is alsa our understanding that Dublin would require a hard surface drive to be put in.
1. Our present drive would have to be c;overed OVir with top soil and I'e$eeded. ]
3. Weare present on LP gas and we would be required to move the tack and re la.y the
lines so the deliverv truck could access the tank from the new access street.
~
Would we also be required to put some type ofenc:loliUI'e around the stonge tank?
4. Weare presently on a septic system. At some time we work be required to either
ohange over to an aeration system or go on city sanitation.
,. We aN also on a shallow well and conoerned wlth the level or our water table beUll
~'H~tll1)' Ui~ lIitnWltl.UeH. ij:ft1i~ ijltIUuttleH lUi'4lJ. It ,vul~l F;:ttU~ U13 tl:f fetlfllll!l~:
u'e 11 "''' +,.. 1'1'1'\ "'m'" C:..., C"".1:Io1"
W U 1,11 ."'!V '" II 1\J on 4M\o<L.
6. IfW9 had to hook into oity servic~8 J not only would we have to come aoro56 our
,__proper.lyJo..the..house,.w.e..would..a1so.hav:e to go_an .additional. 130.feetto...the.--
main street to ~cess the service lines. Houses bordering our property would only
have to go 25.30 foot to access servico lines.
We believe we In looking at thi possibility of some large out ofpocket expense
which we normally would not be faced with.
7. Additional concerns are with the lose of our privacy and with what new home
2' downers might build along our adjoining property lignEMl'lOJ SI.LNl:lMl:l W::Jv't:E Rezoning Application
Z94-019
LETTER. FROM ADJACENT PROPERTY OWNER Starkey Property on Brand Rd.
History ~
"~~"=M_.~ ..~
.
2. AREA WEST OF DUBLIN. NORTH OF US33. EAST OF HYLAND-CROY ROAD
(UNION COUNTY ANNEXA nONS)
This area differs significantly from the potential annexation areas in the southwest quadrant
because little to no planning has been done for this area. The area was not included within the
1988 Community Plan because it was not a part of any existing or proposed sewer and water
service contract with the City of Columbus and was therefore not viewed as part of Dublin's
..... logical growth area. In the sewer and water contract entered into between Dublin and Columbus-
in 1992, the area of Union County west of the City's current corporate limit along the Franklin
.... County border, north of US33 and east of Hyland-Croy Road, was added to what is now
identified as Dublin's "Exclusive Expansion Area" (see Attachment 1). Although no planning
. . had been done for these properties, it is the consensus of staff at this point that the majority of
this area likely lends itself to low-density, single-family residential development.
Based upon the best infonnation we have today, there are clearly portions of this area which
have significant questions regarding Dublin's ability to provide sewer and water service. The
properties in the northernmost end of this proposed growth area cannot be provided with
adequate water service with our current distribution system, and any improvements are projected
to be quite expensive. Similarly, we have recently conducted a capacity analysis of the North
Fork Indian Run sanitary sewer which currently terminates just north of Dublinshire Road, east
of Muirfield Drive. This would be the sewer which would need to be extended to serve the
majority of this growth area. Although the sewer appears to have capacity to serve a portion
on this area, at this time, preliminary calculations indicate it may lack the capacity to serve the
entire area.
Annexations into the northern portion of this growth area would be provided with electric service
by Ohio Edison Company (see Attachment 3). Similarly, a significant portion of this growth
area would be provided with phone service from General Telephone and would therefore likely
- result in some continued level of dissatisfaction among future Dublin residents if the issue of
long-distance calling to Columbus was not resolved (see Attachment 4).
..... ~-.-....
Also, unlike growth into the southwest quadrant which is entirely within Washington Township,
growth within this area would be within Jerome Township of Union County. As such, upon its
initial annexation, the area would be served by Jerome Township for fire protection and
emergency medical services. It is the policy of Dublin City Council to provide a unifonn level
of fire protection and emergency medical services to all of the City's residents. The
administration would likely recommend upon annexation, therefore, that the City take action to
include this growth area within Washington Township. Obviously, since this increases the
service area of Washington Township, the fiscal impacts of such an expansion should be
analyzed.
At this point in time, staff recommends that Dublin ac~pt annexations within this area where
single parcels of land are currently located both in the City of Dublin and in unincorporated
Union County. Under such a scenario, the parcels annexed would be brought under single
jurisdiction with, we believe, minimal impacts on the City. Of course, we would also need to
determine on a case-by-case basis the adequacy of available sewer
Rezoning Application
-3- Z94-019
Starkey Property on Brand Rd.
INTERIM ANNEXATION POLICY. Adopted 1994 History
,"'"
and water service. Additional large-scale annexations into this area, however, should be
postponed until the City completes the update of its Community Plan. Again, we should be in
a position to consider exceptions to this policy if either major development proposals in or near
the area create new opportunities, or unique developments are proposed within the area which
meet some other important public purpose or objective.
There appears to be a li . ed amount of property north of Muirfield which c d be served by J
the Dublin sanitary sew system (see Attachment 5). The only recomme ed land uses which
would likely be appro . ate for this area would be low-density,. single- f: y housing. This area
includes approximat y 340 acres. Staff has determined, however, at the City would not be
able to provide . property with adequate water service with t the addition of expensive
improvements su as additional storage facilities and booster s tions. Given the small amount
of area to be se ed, the administration would not recomme such expensive improvements in
order to serve is area, at this time.
The area is not currently located in the Dublin Exp sion Area as identified within the City's
sewer an water contracts with Columbus. Howe r, in previous discussions with Columbus,
they hav indicated that if a small amount of acr ge north of Dublin could be reasonably served
by ext sions of Dublin's sewer and water sy ms, Columbus would not have any objection to
add' this area to our service contracts.
A other complicating factor is that at I t a portion of the area is currently provided with water
rvice by the Deleo Water System. is the administration's understanding that because this
water system is funded, in part, wi ederalloans,. that the customer base within the served
belongs to Deleo, since that custo er base was designated to help repay the federal loans.
has serious questions regarding e ability of the Deleo Water System to meet our minim frre-
flow requirements in the lona erm. Initial investigation of this issue by representa' es from J
R.D. Zande & Associates i ieaieS that the system today. is adequate to serve a on of the
area which could be provi with Dublin sanitary sewer service. We are far les certain at this
time, however, that thes minimal fire-flow standards can be met into the futur as the southern
Delaware County ar continues to develop.
Also, this area is I ated in Concord Township and in accordance with ty Council's policy to
provide a unifor level of frre protection and emergency medical servi s to all City residences,
ultimately, an djustment of township boundaries would be neces This is similar to what
staff would ropose for any Jerome Township annexation, and IS consistent with previous
Council a on in this area. Electric service to this area is pro Ided by Union R.E.C.!., and
phone s ice is provided by Ohio Bell (Ameritech).
For ouncil's information, the Dublin School District h expressed a desire to pursue the
d elopment of an additional elementary school within s area, if at all possible. The school
aministration is fully aware, however, of the issues t need to be overcome.
-4- Rezoning Application
. Z94-019
INTERIM ANNEXATION POLICY, Adopted 1994 Starkey Property on Brand Rd.
History
~
'.~-~._'..._-.'~,_.~..__._._,..
DUBLIN PLANNING AND ZONING COl\fMISSION
SPECIAL MEETING
RECORD OF ACTION
FEBRUARY 23, 1995
CITY OF DCBLI\
.......
.....
The Planning and Zoning Commission took the following action at its special meeting:
2. Rezoning Application Z94-019 - Starkey Property on Brand Road
Location: 121 acres located south of Brand Road, approximately 1,000 feet west of
Avery Road at the Union/Franklin County Line.
Existing Zoning: R-l, Restricted Suburban Residential District.
Request: PLR, Planned Low Density Residential District.
Proposed Use: A neighborhood of 297 single-family lots and 18.55 acres of parkland.
Applicant: David E. Haid, Northwood Land Corporation, 941 Chatham Lane,
Suite 100, Columbus, OH 43221.
MOTION: To table this rezoning application, as requested by the applicant, David Haid.
VOTE: 6-0-1.
RESULT: This rezoning application was tabled after a lengthy discussion. The
- Commissioners expressed concern about the density and crowded appearance of
the layout, the inappropriateness of full park credit for the floodplain and setback
..... along Brand Road, need for expanding the adjoining park at the southeast comer,
and several roadway alignment issues. The Commissioners supported the lot size
proposed, development standards, and general street extensions.
STAFF CERTIFICATION
~klJ .Cf4L
Barbara M. Clarke
Planning Director
Rezoning Application
Z94-019
Starkey Property on Brand Rd.
.. History
......
Planning and Zoning Commission
Special Meeting Minutes - February 23, 1995
Page 4
12) That all paveme , . ghts-of-way, easements, utir . , storm sewer management, cul-de-
sacs, vert' alignments and street geome . designed to the satisfaction of the City
En' r-
,
t all changes be made to xt and plan to the satisfaction of Staff prior to
scheduling this application re City Council; and
That Lots #231, 232, 2 , 234, and 235 each be moved 25 feet north to all
a proper path t e park from Tullymore Drive, as dete by J
DirectorlS
Mr.Fis seconded the motion. The vote was as fo : Mr. Ferrara, yes; Mr. Peplow,
yes; s. Chinnici-Zuercher, yes; Mr. r. Fishman, yes; Mr. Sutphen, yes.
( proved 6-0.)
~ 2. Rezoning Application Z94-019 - Starkey Property on Brand Road
Bobbie Clarke presented this case and slides. The total site includes 144 acres, 121 within
Dublin and the other 23 acres are located in Jerome Township in Union County. An annexation
petition was med for the 23 acres, but due to a flaw, a new petition needs to be med. Actually,
this rezoning application includes only 121 acres, but the developer has been asked to provide
a plan that deals with the entire site to show the full plan, as intended.
Ms. Clarke said this case is a single-family proposal. The land is currently zoned R-l, and the
permitted density is one unit per acre. The land adjacent to this property has been similarly
zoned. The Community Plan did not cover the area outside Franklin County, except within
Dublin's water/sewer contract service areas at the time. The current 50-year utility agreement
with Columbus includes expansion possibilities for Dublin into Union County.
The Community Plan shows Tullymore Drive is to be extended north across the North Fork of J
the Indian Run to Brand Road. Staff recommends the accessway to the (southeast comer) park
be broadened. The Brand Road 200-foot setback is included in the parkland calculation. There
is a proposed extension of the bikepath along the east side of Tullymore Drive.
Ms. Clarke said the west A very Corridor is limited by the Community Plan to a density between
one and two units per acre. The density in this proposal is 2.06 dwelling units per acre, which
is nine lots over the .community Plan parameters for this site. There is a substantial cost
(estimated at $432,000) associated with the bridge, and Staff supports a minor increase in density
to assist the funding of that improvement, provided adequate utility service availability is
determined to handle the additional lots. The minimum lot size is 10,400 square feet, with a
minimum lot frontage of 80 feet. The minimum depth shown is 146 feet. The streets are being
extended in accordance with the City Engineer's recommendation. Streets that are less than 32
feet in width are required to have "no parking" posted on one side. TuIlymore Drive is a 36-
foot street.
'-
7 Rezoning Application
--" Staff recommends approval with the following 15 conditions:
Z94-019
Starkey Property on Brand Rd.
History
..
~." ..~. --~'--"'-'~--'--"'
Planning and Zoning Commission
Special Meeting Minutes - February 23, 1995
Page 5
1) That the density exceed two dwelling units per acre only to help offset the cost of the
bridge, if and only if it is clear and undisputable that there is excess utility capacity
available;
2) That 40 feet from centerline along Brand Road be dedicated to the City;
3) That the parkland be expanded along the south end adjacent to the Wyndham Village
,.... park, and the applicant demonstrate adequate accessibility to the park along the North
Fork of the Indian Run at the time of preliminary plat to the satisfaction of Staff and that
t.- all parkland be clearly delineated on the plan;
4) That a 20-foot no-build zone be provided along all lots which abut the North Fork of the
Indian Run;
5) That lot lines be reconfigured to the extent possible to follow the County line, and house
placement along the lots which straddle the county line be clearly delineated, at the time
of preliminary plat;
6) That if the Jerome Township portion is not successfully annexed, the plans be redrawn;
7) That Tullymore Drive be reconfigured with an east/west through movement to the west
property line, and a stub road into the Erwin residual tract be provided, to the
satisfaction of Staff, at the time of preliminary plat;
8) That adequate internal access be provided to the 1.09-acre outparcel at the time of
preliminary plat submission;
9) That amended side yards and fencing restrictions be provided within the zoning text and
noted on the required plats;
10) That a bikepath be installed along Brand Road, and a buffer plan be provided for the lots
which abut Brand Road;
11) That a left-turn lane and street lighting be provided at the entrance to the site in
coordination with the Shannon Glen subdivision;
12) That all floodway, floodplain, and floodway plus 20 feet information be indicated on
plans (including building permits), and lots redrawn if needed at the time of preliminary
- plat submission in accordance with FEMA regulations;
r 13) That all pavement, rights-of-way, utilities, storm sewer management, cul-de-sacs, vertical
.... alignments and street geometries, including the bridge across the North Fork of the
Indian Run, be designed to the satisfaction of the City Engineer;
14) That stormwater management basins be located outside the l00-year floodplain, and wet
basins be utilized if possible; and
15) That all changes be made to the text and plan to the satisfaction of Staff prior to
scheduling this application before City Council.
Ms. Clarke said Staff believes this is a good plan because of its density similarity to existing
development patterns already in place, expansion of parkland along the North Fork of Indian
Run, and preservation of some wooded sectors.
John Ferrara asked if there is sufficient room between the Tullymore DrivelBrand Road
intersection and Townsend Road. He also wanted to know whether Brand Road would remain
only two lanes.
~..--./. Rezoning Application
Z94-019
Starkey Property on Brand Rd.
History
,...
Planning and Zoning Commission .
Special Meeting Minutes - February 23, 1995
Page 6
Randy Bowman said he is concerned about the spacing and this issue will be resolved in the
preliminary plat. He said left-turn stacking will be put in on the north side of Brand Road for
the entrances to Shannon Glen. Because of the close proximity of all the potential entrances,
it may be a continuous stacking lane.
Warren Fishman asked why the 200-foot setback is figured into the parkland requirement. J
Ms. Clarke said the 200 feet is not a. Code requirement. It has become a goal over the long
term to have that incorporated within planned districts. The 200-foot area is to be incorporated
in a larger park plan, in this case it would be a bike path. A buffer plan has also been requested
between Brand Road and the backs of the lots. In order to encourage a 200-foot setback (80 feet
required), Staff has tried to work it into a parkland plan.
Peter Zawaly asked whether Hawk's Nest, Shannon Glen, Muirfield Phase 44/Lochmuir, or
Lakes at Dunmere included the 200-foot setback in parkland dedication. Ms. Clarke said the
Lochmuir openspace is all private and it had substantially more than was required. The 200 feet
is within that private openspace system. In Shannon Glen, the setback meanders along that
frontage and all of that setback is included within the parkland dedication-.
Janet Jordan said Shannon Glen has much more parkland than is required.
Mr. Zawaly asked for a definition of a "modest" increase in density. Ms. Clarke suggested a
maximum of nine extra lots in the overall plan.
George Peplow asked if Condition 6 of the Staff report refers to the entire 144 acres. Ms.
Clarke said yes. If the Jerome Township annexation is turned down, the developer must redo
the plan. It is better to see the whole plan at once, she said.
Dan Sutphen asked about Condition 7 and the configuration of Tullymore Drive. Ms. Clarke J
said the interruption was suggested to deter speed. Mr. Sutphen said he is concerned with safety
on the turn. He would prefer to not have the proposed turn in Tullymore so close to the
entrance. He disliked the offsets.
Mr. Bowman agreed. He said ideally, intersections are aligned to create a four-way stop, but
it is not always possible.
Mr. Sutphen believes the road should go straight through, without turns.
Ms. Chinnici-Zuercher thinks the proposal looks very dense, but road changes may eliminate
lots. She asked if the vote was to be on everything except the area in Union County. Ms.
Oarke said yes.
David Haid, Northwood Land Corporation, addressed each of the conditions in the report. He
is in agreement with Conditions 2, 3, 5, 6, 8, 10, 12, 13, 14, and 15. Regarding Condition
'...--/ 1, he is asking for nine lots over the allowed two dwelling units per acre to help defray the
Rezoning Application
Z94-019
Starkey Property on Brand Rd.
History ...
^'~~--
Planning and Zoning Commission
Special Meeting Minutes - February 23, 1995
Page 7
extraordinary C?st of the bridge, estimated at $432,000. The contribution from Mil will be
limited to $70,000. Regarding Condition 4, he agreed that a 20-foot no-build zone be provided
along all lots which abut the North Fork of the Indian Run, except for three sideyard lots.
Considering the width of the lots, the 20-foot no-build zone would be difficult. Regarding
Condition 6, Mr. Haid believes that annexation will not be a problem, but understands if it does
not go through, the proposal will have to be redone.
......
Regarding Condition 7, Mr. Haid said he would prefer no street coming from his property into
- the Erwin tract, as suggested. If a through street to the east is required, he would agree to it.
He asked for clarification of "amended side yards" listed in Condition 9, since in the text, side
yards were provided for at 6-foot minimum, 14-foot combined. The extra few feet are needed
for homes with three-car garages. As a point of clarification regarding Condition 3, he said the
requested 50-foot accessway, not necessarily an improved pathway, to the park was made by
moving some lot lines.
Mr. Sutphen said insufficient access to parkland was a problem. Mr. Haid stated when the
bridge is built, there will be access to the park area.
Mr. Sutphen said he could not vote for the proposal if there is only a 50-foot access to
Wyndham Village park along the southern boundary.
Jason Coffee, R. D. Zande and Associates, engineer for the applicant, said he has not yet
determined where the 100-year flood plain line is located. As a part of the design, he will verify
that detention can be placed there without impact downstream. Mr. Coffee said there will be
no work done in the floodway.
Mr. Sutphen also wanted the building pad locations shown along the county line. Terry Foegler
- said detention basins and building along the jurisdictional line are preliminary plat issues.
I
.... Mr. Ferrara reiterated Mr. Sutphen's concerns about the lots split by the county line.
Mr. Fishman said when there is much unbuildable land in a subdivision, perhaps the density
should be 1.5 dwelling units per acre. Due to the huge floodplain running through the proposed
subdivision, the rest of it looks very dense. He does not believe the 200-foot setback along
Brand Road should count as parkland.
Regarding Condition 9, Ms. Clarke said the minimum side yard in the surrounding subdivisions
was 8 feet on one side, 18 combined. She said she would check those figures, and if a 6 and
14 side yard is more commensurate with surrounding development, Staff will support that.
Ms. Chinnici-Zuercher suggested a change to Condition 9 to say "side yards equivalent to
surrounding development. . ." Mr. Haid said he would agree to that wording.
. Mr. Ferrara said the side yards are not an issue for him. Ms. ~inni<;i-Zuerch~r ~greed.
..;..........~ ezomng ApplIcation
Z94-019
Starkey Property on Brand Rd.
History
,,- --
Planning and Zoning Commission
Special Meeting Minutes - February 23, 1995 (
Page 8
Ms. Clarke said the issue is scale. An 80-foot lot does not necessarily lend itself to a three-car
garage, and it is difficult to assess without the house footprints.
Bob Adamek said the Wyndham Village Homeowner's Association agrees with Staff's
recommendations. They want to incorporate the wooded area into the parkland. The bridge
solves a safety issue concerning life/safety vehicular access. They believe Tullymore Drive
should take an east/west turn and encourage a 9O-degree street going to Brand Road. ...
J
Mike Maloof, 6308 Wyler Court, said the neighborhood park proposed within the southeast
comer of the property should be bigger, and the elimination of two lots would help in that
respect.
Ms. Clarke said the area that is set aside for stormwater detention does not apply toward the
park dedication requirement. There are no separate calculations in this proposal to show these
areas.
Ms. Chinnici-Zuercher asked if, based on the feedback given the developer by Commission
members, the Commission should proceed with a vote, or wait for a different plan.
Mr. Fishman stated clearly that the park allotment is not sufficient, even though it meets the
minimum requirement. Also, the density may have to be lowered due to the floodplain.
Mr. Zawaly asked if the Commission was committing to two dwelling units per acre by
accepting this rezoning. Mr. Banchefsky said yes.
Mr. Zawaly asked what could be done to get more parkland. Mr. Banchefsky said if it was
made clear at the meeting that the parkland issue is open to adjustment at the platting stage, the
density could come down, but only if the developer wants it to. He then suggested that the J
application could be tabled, and have it come back in combination with a preliminary plat.
Ms. Clarke asked how the Planning Commission could consider the preliminary plat before City
Council has seen the rezoning. She said only the PUD combines the preliminary plat and the
rezoning.
Mr. Haid said he selected the PLR because of the neighboring subdivisions, and he would like
a favorable vote from the Commission.
Ms. Chinnici-Zuercher asked Mr. Haid what was his preference, to table or take a vote. He
answered that he does not know what his risk is.
Ms. Clarke said the developer wants clear direction, and the Commission members said it is too
dense. She asked if that means there should be different parkland, wider lots, fewer lots; what
was their prescribed solution.
j Rezoning Application
~ Z94-019
Starkey Property on Brand Rd.
History
...
- ~. ~'-..'._..."~'~-..~~,.'-"'~-
Planning and Zoning Commission
Special Meeting Minutes - February 23, 1995
Page 9
Mr. Fishman said the park is too small. He thinks with proper parkland, the density will drop.
He said there are times when the park commitment must be exceeded, and he believes this is one
of those times.
Mr. Haid said he had met the park requirement with the area along the North Fork and Staff
requested the 2oo-foot setback off of Brand Road.
.....
Mr. Haid requested the application be tabled to work out some issues raised at this meeting after
.... procedural issues were discussed.
Mr. Zawaly made a motion to table rezoning application Z94-019, the Starkey. Property on
Brand Road, until the next meeting following the March 2, 1995 meeting.
Mr. Ferrara seconded the motion. Mr. Haid asked if it could also be a preliminary plat
submittal, at that time. The Commission members said no.
Mr. Zawaly amended the motion to say the earliest meeting at the convenience of the developer.
Mr. Ferrara seconded the amended motion. The vote was as follows: Mr. Fishman, yes; Mr.
Peplow, yes; Mr. Sutphen, yes; Mr. Raub, abstain; Ms. Chinnici-Zuercher, yes; Mr. Ferrara,
yes; Mr. Zawaly, yes. (Motion to table approved 6-0-1.)
There was a five minute recess.
3. Rezoning AppIica . n Z94-012 - Revised Northeast Quadrant PUD - Preliminary
Development
- Mr. Raub stated owing a Staff presentation, the applicant wo
other speaker ould have three minutes.
.......
Vince P. sidero presented this case and slides. A e December 21, 1994 meeting, the
Co sion recommended disapproval. This rev' application has been scheduled for a public
h g at City Council on March 6. The rev' ons to the proposal include reducing the retail
nter from 227,000 to 198,000 square feet is currently permitted. Tenant spaces within
are: a 100,000 square foot departme store, a 48,000 square foot furniture store, the
balance having a maximum of 20 square feet apiece. In addition, Subarea ormerly
proposed for senior housing, been returned to single-family use at 3.2 dw g units per
acre. Substantial increases . right-of-way dedications have been proposed, . uding increasing
the Saltergate right-o ay from 80 to 100 feet and additional . t-of-way dedication
requirements for H and Sawmill Roads. The applicant has sub .. conceptual architecture
for the Mt. C el project. The recommendations of the traffi unpact study are incorporated
into the S s recommended conditions.
. Mr apsidero said Subareas 4, 6a, and 6b are mul' amily areas; Subarea 7 is currently single-
. y. The proposal relocates the retail cente the south, adjacent to Hard Road, and moves
Rezoning Application
Z94-019
Starkey Property on Brand Rd.
r- HistOry
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 4 Meeting
N
i Helcl April 24, 1995 19
Mrs. Stillwell moved to amend condition number 5, clarifying the intent by stating that, "Consistent
with City policy, the developer shall install a left turn lane and street lighting along Rings Road..
Mr. Kranstuber seconded the motion.
Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs.
Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes. ....
Ms. Clarke commented about the first amendment regarding the text. She stated that the text is J
identical to the Tuttle Crossing district text with the exception that there is a lot coverage issue which
is updated to reflect the current Code. Taking out the word "essentially. would mean that the lot
coverage portion would revert to the previous lot coverage contained in the Tuttle Crossing text.
Following discussion, Mayor Campbell suggested that an amendment be added to include current
lot coverage standards.
Bill Ebbing. The Edwards Company. stated that their intention is to develop this property to be of
the same quality as Tuttle Crossing.
Mrs. Stillwell moved to amend condition number one to state that the development text be revised
to become consistent with Subarea B standards of the adjacent Tuttle Crossing district and consistent
with the current lot coverage standard.
Mr. Strip seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr.
Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes.
Mr. Zawaly moved to approve the ordinance subject to the conditions as amended.
Mrs. King seconded the motion.
Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. King, yes;
Mrs. King, yes; Mayor Campbell, yes; Mrs. Boring, yes.
~ rdinance No. 126-94 (Amended) - An Ordinance Providing for a Change of Zoning of 14.59
/ Acres of Land, Located on the Northwest Corner of Post Road and Avery Road, from: PUD,
Planned Unit Development District and R-l, Restricted Residential District to: PUD, Planned
Unit Development District. (Mast property - Northwest Presbyterian Church) (Third Reading)
, (Applicant: Ruth E. Mast, 6759 Avery Road, Dublin, Ohio 43017, c/o Robert J. Apel, 5640 Frantz
Road, Dublin, Ohio 43017)
Ms. Clarke distributed to Council a copy of a proposed agreement addressing common access and
cross easements for parking between the church and office parcels. J
Mr. Strip stated that the cross easements will be irrevocable, so he is satisfied.
Mr. Zawaly asked if the trees on the Mast property will be preserved.
Tom McCash. Meacham and Ape!. stated that he is certain that this has been addressed through the
planning process.
Ms. Clarke added that in the overall 14 acre site, the major emphasis was to preserve the trees along
the Indian Run. The final development plan requires a tree preservation plan.
Mr. Strip suggested adding an 11th condition, that a reciprocal easement be executed prior to the
final transfer.
Mr. McCash responded that his client would be agreeable to this condition. I
Mr. Kranstuber moved to approve the ordinance subject to the 10 conditions recommended by
Planning Commission and with an 11 th condition, that a reciprocal easement be executed prior to
the final transfer.
Mr. Zawaly seconded the motion.
Vote on the ordinance - Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs.
Boring. yes; Mr. Kranstuber, yes; Mayor Campbell, yes.
Resolution No. 06-95 - A Resolution Authorizing the City Manager to Convey a Right-of-Way
Easement to the Columhus Southern Power Company Which Will Provide Service to
Dublinshire 7 through Reserve II of Duhlinshire 6 Subdivision. (Third Reading)
Mr. Hansley stated that staff is recommending adoption at this time.
Vote on the resolution - Mrs. Stillwell, yes; Mr. Zawaly; yes; Mrs. Boring, yes; Mayor Campbell,
yes; Mr. Strip, yes; Mr. Kranstuber, yes.
~ l--Resolution No. 08-95 - A Resolution to Set Forth a Statement of Services to be Provided to the
Area in a Proposed Annexation of 21+/- Acres from Jerome Township, Union County to the
City of Duhlin, Ohio as Required hy Section 709.031 of the Ohio Revised Code, and Declaring
I an Emergency. (Third Reading)
Ii Mr. Hansley stated that staff is requesting emergency action from Council to comply with the ,/ ....
I
^--,~~ --.- ---~ ,----~-, - -- ."_._-~~--,
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 5 Meeting
. . M II
Helcl April 24, 1995 19
requirement to pass a statement of services prior to the public hearing before the Union County
Commissioners on May 8, 1995.
Mr. Strip moved to treat this as emergency legislation.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor
- Campbell, yes; Mr. Kranstuber, yes.
Vote on the Resolution - Mayor Campbell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes;
Mr. Kranstuber, yes; Mrs. Stillwell, yes.
lIlIIioMI
Mayor Campbell noted that there are several items marked on the agenda as consent items. Upon
the motion of two thirds of Council, they will be considered consent agenda items and the reading
will be waived.
Consent Al!enda Items (Second Readines)
Ordinance No. 24-95 - An Ordinance Amending Section 929.06(b) of the Codified Ordinances
Establishing the Capacity Charges for the Water System. (Second Reading)
Ordinance No. 25-95 - An Ordinance Amending Section 925.03(b) of the Codified Ordinances
Establishing the Capacity Charges for the Sewer System. (Second Reading)
Ordinance No. 26-95 - An Ordinance Authorizing the City Manager to Sign a Cooperative
Agreement Between the City of Columbus and the City of Dublin, Ohio for an Intersection
Improvement at State Route 161 and Sawmill Road. (Second Reading)
Ordinance No. 29-95 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive
and Other Roads in Muirfield Village During the Annual Memorial Tournament. (Second
Reading)
Mr. Zawaly moved to treat Ordinance Nos. 24-95, 25-95, 26-95 and 29-95 as consent agenda items
and to waive the second reading of these ordinances.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes;
Mr. Zawaly, yes; Mayor Campbell, yes.
There will be a third reading of these ordinances on May 1, 1995.
Ordinance No. 27-95 - An Ordinance Accepting the Lowest and Best Bid for a New Skid-Mount
SeedlMulch Sprayer and Authorizing the City Manager to Execute a Contract Governing the
Procurement of Said Equipment, and Declaring an Emergency. (Second Reading)
Mr. Hansley noted that staff is requesting emergency action to ensure purchase during the spring
planting season.
- Mr. Kranstuber moved to treat Ordinance No. 27-95 as emergency legislation and to waive the three
time reading rule.
Mrs. Boring seconded the motion.
.... Vote on the motion - Mr. Strip, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell,
yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes.
Vote on the ordinance - Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes;
Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, yes.
Consent Al!enda Items (First Readinl!s)
Ordinance No. 30-95 - An Ordinance Accepting the Lowest and Best Bid for Cosgray Park I
Phase One Development and Authorizing the City Manager to Enter into a Contract for ,
Completion of this Project. (First Reading)
Ordinance No. 31-95 - An Ordinance Accepting the Lowest and Best Bid for Turf Grass Seed
and Authorizing the City Manager to Enter into a Contract for Procurement of this Product.
(First Reading)
Mr. Zawaly introduced Ordinance Nos. 30-95 and 31-95, moved that they be considered as consent
agenda items and that the first reading of the two ordinances be waived.
Mr. Strip seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Campbell, yes;
Mrs. King, yes; Mr. Strip, yes.
Ordinance No. 32-95 - An Ordinance Appointing a Representative to the Dublin Fund, and
Declaring an Emergency. (First Reading)
Mrs. Stillwell introduced the ordinance and moved that Section 1 be amended to include the name
, of Patricia Baker who is to be appointed to serve a two-year term as representative to the Dublin
Fund, a term expiring on December 31, 1996.
Mr. Zawaly seconded the motion.
il Vote on the motion - ~rs. Boring, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. II
i Zawaly, yes; Mrs. Stlllwell, yes. II
II
"... ,
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 5 Meeting
N NK
He]rl February 27, 1995 19
Council tonight.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes;
Mr. Strip, yes; Mr. Kranstuber, yes.
Virginia Benjamin stated that this ordinance approves an agreement with a particular developer in ...
the Britton Parkway Community Reinvestment Area. The necessary approval from the State has ...J
been obtained.
Mr. Strip moved to treat this as emergency legislation.
Mr. Kranstuber seconded the motion.
Vote on the motion - Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes;
Mr. Strip, yes; Mr. Kranstuber, yes.
Vote on the ordinance - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes;
Mr. Kranstuber, yes; Mrs. Boring, yes.
Ordinance 17-94 - An Ordinance Granting a Franchise to Columbus Southern Power Company
to Construct, Maintain and Operate Lines, Appurtenances and Appliances Cor Conducting
Electricity In, Over, Under and Through the Streets, Avenues, Alleys and Public Places oC the
City oC Dublin. (Tabled Ordinance)
Mr. Hansley reported that negotiations are continuing.
Mayor Campbell stated that the ordinance will remain tabled at this time.
Ordinance 17-94 remained tabled.
-1 I-Resolution No. 02-95 - A Resolution to Set Forth a Statement of Services to be Provided to the
J\ Area in a Proposed Annexation of 21 + 1- Acres from Jerome Township, Union County to the
City oC Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring
an Emergency. (Tabled Ordinance)
Mr. Hansley recommended that Council remove this from the table. Staff is recommending that
Council defeat this resolution due to problems with the annexation petition submitted by the
applicant. The applicant will be resubmitting.
Mr. Kranstuber moved to take Resolution No. 02-95 from the table.
Mr. Strip seconded the motion. J
Vote on the motion - Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor
Campbell, yes; Me. Kranstuber, yes. I
Vote on the resolution - Mrs. Boring, no; Mr. Zawaly, no; Mr. Strip, no; Mrs. Stillwell, no; Mayor
Campbell, no; Me. Kranstuber, no.
.... ~dinance No. 106 - 94 (Amended) - An Ordinance Providing for a Change oC Zoning oC 6.0
- r"Acres oC Land Located on the Southwest Corner oC Dublin-Bellepoint Road and Brandonway
Drive from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density
Residential District. (Bellepoint Place/Cavanagh Property) (Third Reading) (Applicant: Jim I
Brundage, 682 Paddlewheel Drive, Westerville, OH 43082; Robert P. & Marilyn M. Cavanagh, ,
I
owners) I
Mrs. Stillwell noted that the acreage listed on the agenda of 6.539 acres is differs from the acreage
listed on the ordinance (6.0 acres).
Ms. Clarke confirmed that the 6.0 acres on the ordinance is the correct acreage. She requested that
Council formally amend the ordinance to include the revised acreage reflected in the updated legal
description.
Following brief discussion about the number of conditions, Ms. Clarke confirmed that Planning
Commission had recommended approval of the rezoning with 11 conditions, the eleventh condition
being that the stormwater design include a wet retention pond if at all possible. Council then added
a twelfth condition at the public hearing, agreed to by the applicant, that a bikepath be added as a
condition of the rezoning, the exact terms of which would be worked out by staff.
Mr. Zawaly pointed out that Condition #3 had also been amended by Council at the public hearing,
and now reads that, "A park fee consistent with the Dublin ordinance shall be paid by the applicant
at the time of final platting."
I Mrs. Boring expressed concern about the adjacent property owner who is seeking availability of
! water lines. I
I: ....
~~---,,_..._." , ~_,~~~o__~u__,~O"._.~~.__ _.'_'""._"
,
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 8 Meeting
H
Held February 6, 1995 19
Mr. Foegler requested that this be tabled until the February 27 Council meeting.
Mr. Kranstuber moved that the ordinance be tabled until February 27, 1995.
Mrs. Boring seconded the motion.
Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes;
Mrs. Boring, yes; Mr. Kranstuber, yes.
~ ~
.....- ~:soIUtiOn No. 02-95 - A Resolution to Set Forth a Statement of Services to be Provided to the
Area in a Proposed Annexation of 21 + 1- Acres from Jerome Township, Union County to the
....... City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring
an Emergency. (Third Reading)
Mr. Smith asked that this be tabled until February 27 as it appears there may be a defect in the
original petition submitted by the applicant. Mr. Smith has discussed this with their legal
repre{entative.
Mr. Strip moved to table the ordinance until the February 27 Council meeting.
Mrs. King seconded the motion.
Mrs. King asked if this annexation is on the agenda for the Union County Commissioners meeting
and Mr. Smith responded that it has been removed.
Vote on the motion - Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr Zawaly,
yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Strip, yes.
Ordinance No. 05-95 - An Ordinance to Accept an Annexation of 2.685+1- Acres in
Washington Township, Franklin County to the City of Dublin, Ohio (Schneider property)
(Second Reading)
Mr. Hansley stated that staff is recommending that this be held over for a third and final reading.
Mr. Hansley then updated Council on the status of City services at this site and the adjoining
property. The Law Director is working with Administrative staff to resolve this sitUation.
TIlere will be a third reading of the ordinance at the February 27 Council meeting.
Ordinance 66-94(Amended) - An Ordinance Repealing the Existing Chapter 1189, Codified
Ordinances, of the Dublin Planning and Zoning Code and proposing a New Chapter 1189 _
Signs. (Second Reading)
Ms. Clarke noted that this ordinance has been in process for a long time with Planning ConuiJission.
It was also reviewed by Council's Land Use Committee. Planning Commission made their
recommendation of approval unanimously on January 19.
-
There will be a third reading at the February 27 Council meeting.
.... Ordinance No. 08-95 - An Ordinance Authorizing the City Manager to Enter into a Contract
with the Franklin County Public Defender's Office for Defense of Indigent Misdemeanants, and
Declaring an Emergency. (First Reading)
Mr. Strip introduced the ordinance.
Mr. Hansley stated that Mr. Smith will provide background and the reason for emergency passage.
Mr. Smith noted that this is the annual contract with the public defender's office for indigent
misdemeanants. There is a $50 charge per case handled by Franklin County. The public defender's I
office has requested emergency passage since the previous agreement has expired and this was
forwarded to the City at a late date. The appointment of counsel for indigenlS is required under state
statute.
Mr. Zawaly asked that the spelling of "misdemeanants" be corrected.
Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation.
Mrs. Stillwell seconded the motion.
Vote on the motion - Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes;
Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes.
Vote on the ordinance - Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes;
Mrs. King, yes; Mayor Campbell, yes; Mrs. Boring, yes.
Ordinance No. 09-95 - An Ordinance Amending Chapter 1187 (Landscaping) Relating to Street
Tree Requirements. (First Reading)
Mr. Zawaly introduced the ordinance.
Ms. Clarke stated that this ordinance provides for the inclusion of newly developed species as well
as native species and eliminates some of the species which require high maintenance over the long
term.
! There will be a second reading at the February 27 Council meeting. II
...-
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 4 Meeting
. N
Held January 9, 1995 19
with the school district. This draft represents staffs first attempt at drafting a revenue sharing
agreement that meets the requirements of the statute. There are a number of issues related to this
in terms of interpretations that are still under investigation. Staff will be meeting with school district
representatives, and there may be modifications to the agreement proposed at the second reading.
Brief discussion followed. ]
There will be a second reading at the January 23 Council meeting.
I Ordinance No. 03-95 - An Ordinance Approving a Britton Parkway Community Reinvestment
I Area Agreement Between the City of Dublin and Duke Realty Limited Partnership, Authorizing
Execution of that Agreement, and Declaring an Emergency. (First Reading)
Mrs. King introduced the ordinance.
II Mr. Foegler explained that the rules regarding revenue sharing agreements for a CRA require
separate specific action by Council for each development within that CRA to be approved with a
specific agreement. This ordinance provides a specific developer agreement for the speculative
office. building within the Britton ParkwayCRA.
--There will.be a second reading at the January 23 Council meeting.
Resolution No. 01-95 - A Resolution Designating the City Manager to Act as the City's
Official Representative and Authorizing the City to Enter into a Water Pollution Control
Agreement with the Ohio Environmental Protection Agency, and Declaring an Emergency.
(First Reading)
Mr. Kranstuber introduced the ordinance.
Mr. Hansley explained that the grant application for the Ohio EPA low interest loan program
requires an official action stating that he is the contractual officer for the City. Emergency action
is requested because the applications are due this month.
Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation.
Mr. Strip seconded the motion.
I Vote on the motion - Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes;
Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes.
Vote on the resolution - Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip,
yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes.
~~OIUtiOn No. 02-95 - A Resolution to Set Forth a Statement of Services to be Provided to the
rea in a Proposed Annexation of 21 + 1- Acres from Jerome Township, Union County to the
City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring J
an Emergency. (First Reading)
Mr. Kranstuber introduced the resolution. . -
Mr. Hansley explained that this statement of services is required under state statute. It must be
passed prior to the public hearing before the county commissioners. The Union County
i Commissioners have set a date of February 23 for the hearing, so there will be time for three
readings before Council. Staff would request passage by emergency at the time of third reading.
I Mr. Foegler will provide a map prior to the next reading.
Mr. Foegler provided clarification about the location of this parcel which is part of a rezoning
already referred to Planning Commission known as the Starkey property, located south of Br~d
Road. Proposed development is for single-family with a density of 2 units per acre.
There will be a second reading at the January 23 Council meeting.
There was no action taken on previously tabled Ordinance No. 17-94.
Other
Mr. Zawaly reported that the Charter Review and Revision Commission is currently compiling a list
of all of the issues identified for discussion by the Commission. They will be forwarding a letter
to all of the commissioners as well as to Council members as to what the first round will address.
He asked that Council members forward any issue of interest to him.
Discussion followed about a date for a workshop session for the CIP. The meeting was set for
Monday, January 16 from 7 to 9 p.m. in Council Chambers.
Discussion followed about the upcoming interview process for board and commission appointments.
It was the consensus of Council that it was not necessary that all members of Council be present for
all of the interviews.
Mr. Strip then moved that the process be referred to the Personnel Committee of Council.
Mrs. King seconded the motion.
Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; .....
"~-,,.
.'
, .
.
STARKEY TRACT
144 +/- ACRES
Development Standards
......
The general character of this development will be predominantly two-story and 1-1/2
'-" story homes of traditional to soft contemporary style featuring materials and finishes
such as brick, stone, wood, stucco and vinyl siding. Duplication of floor plans is
acceptable. Roof pitches should be a minimum of 6/12. Roofs will have a minimum of
6" overhand and 3" rakes.
The homes will be located on the lots taking into consideration its existing
topography and natural vegetation. There is to be emphasis on tree preservation,
natural lot drainage and existing adjacent homes. Where possible sideload garages are
encouraged.
The following minimum standards shall apply to each lot:
Minimum Side Yards - 6 feet minimum
Total of Side Yards - 14 feet minimum
Maximum Height - 1-1/2 story home shall not exceed 26 feet above grade at front
, elevation. Two-story home shall not exceed 35 feet above grade at
front elevation.
Minimum Rear Yard - 25 feet minimum
Sidewalks - Required along street frontage 4 foot in width installed by
- homebuilder.
...... Setbacks - Shall be 25 feet and 30 feet where applicable. On wooded lots
setbacks will be determined with tree preservation as a control, but in
no case less than 25 feet. (See Exhibit A)
Alternate Drive Locations - shall vary with the intent to preserve trees. The
maximum width of the drive at the right of way will be 20 feet. (See
Exhibit B)
No Build Zones/Easements - Within these areas, no structur~ or dwelling may be
. constructed. (See Exhibit C)
F.e,;h ~ ~
MeA lDt- ~~-GD/~O sF
.
M t 1\ .~~- ~u~ AS SUBMITTED 10 COUNCIL
1/20/95 Page 1 ~FORMEETlNGON ~/5/1C;
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No build zones .,
. (No fence or outbuilding)
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STABKEY TRACT
144 +/- ACRES
Development Schedule
r It is the intent of the developer, Mr. David E. Baid,
fu
\..... President of The Northwood Land Corporation, to develop Phase
I of approximately 20-25 acres off Mitchell-Dewitt Road and
Tullymore Drive. Phase II would logically be an extension of
Phase I, to the west, with the remaining acreage to the south
being divided into two or three future phases, depending upon
the economic climate and the absorption rate of the builders.
F
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-
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STJUU<EY TRACT
144 +/- ACRES
Tree Preservation Plan
The following Tree Preservation Plan has been developed to insure, to a practical :J
extent, the wooded and natural areas in the subdivision outside the areas of obvious :
construction will be preserved and that an effort will be made for the conservation of
the trees.
Preconstruction:
During the predevelopment phase, the developer will consult with the Ohio Department
of Natural Resources Forestry Division for its recommendations.
Utility layouts and street design have been designed to minimize the impact on trees.
Coordination with the electric, gas, and telephone companies will be done by the
developer with an emphasis on tree sensitive design. A master grading plan was
developed to minimize grade changes which adversely affect trees while providing a
major storm routing path.
Phase I: Underqround Utility Construction
This phase includes those activities associated with construction most commonly
completed by the Developer. Establishment of preservation areas and physical fence
barriers to protect those areas shall occur prior to any utility and street
construction. All construction personnel will be advised concerning the purpose of
the barriers and the need to avoid any construction in these areas. All contractors
will be advised on the construction practices in wooded ares.
The Developer shall provide guidelines to all contractors as to special methods and J
preventative measures which must occur during construction activities to lessen the
impact on trees in close proximity to construction i.e., excavation, backfilling,
compaction, grade', changes, and contact with equipment.
Overlot grading shall be kept to a minimum to prevent severe alteration to the
existing moisture content in the preserve areas and compaction will be kept to a
minimum.
Phase II: ~ building
.
This phase addresses those measures which will be imposed on the
homebuilders/contractors.
The Developer shall assist the builder in placing the home on each site so as to take
full advantage of existing trees. An effort to coordinate an individual home plat
plan into the entire development plan will be made. Wooded homesites will have no
build areas established by the Developer as noted on the site pan. The Developer
will also have deed restriction on this Development requiring plan approval.
1/20/95 Page 1 Zq'-/-DI1
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Tree Preservation Plan
Starkey Tract
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"...... Prior to any construction on the home site, a barrier will be installed to prevent
activity in the no build area.
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Construction personnel will be advised by the homebuilders concerning the barriers and
all preventative measures which have been imposed to protect trees. Additional
guidelines regarding the construction methods and activities which can occur in the
development will be given to each homebuilder, i.e., material storage areas, parking,
excavated material removal, and backfilling.
A final grading plan will minimize the alteration of existing drainage conditions.
Phase III: Postconstruction
After site improvements and home construction, steps will be taken for the long term
viability of the stands of trees. An effort will be made to involve the homeowners
in a tree preservation program that will enhance the community as well as protect
their property values.
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1/20/95 Page 2
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STARKEY TRACT/BRAND ROAD
144+/- ACRES
Development Standards
Addendum No. 1
~,'""i'lI
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1. Buffer plan will be designed for the 200' set-back
from Brand Road and will consist of several serpentine
type mounds, with an eight foot bike path through
the buffer zone, along Brand Road. These mounds
then will be planted with various types of flowering
trees and pine trees.
2. As indicated, there will be an eight foot bike path
along Tulleymore, as it leaves the Erwin Parcel which
is the new Windham Village section, to the intersection
heading north, which crosses the bridge. The bike
path will continue north until it reaches Brand Road.
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