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89-93 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.nnS9_..9.3._m Passed mm m _mmm__m__ _m_mm___19 ,.... AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF 44.356 ACRES OF LAND LOCATED ON THE NORTH SIDE OF '- BRAND ROAD, APPROXIMATELY 250 FEET EAST OF AVERY ROAD AND INCLUDING FRONTAGE ON AVERY ROAD APPROXIMATELY 450 FEET NORTH OF THE BRAND ROAD INTERSECTION FROM: R-1, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT TO: PUD, PLANNED UNIT DEVELOPMENT DISTRICT 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 PUD, Planned Unit Development 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 r "C", are all incorporated into and made an official part of this Ordinance and made an official part of this Ordinance and L said real estate shall be developed and used in accordance therewith. section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ~ /o:rr day of ....:::f..~ , 1991':1 Mayor ~~ Officer Attest: ~ (!.. ~ Clerk of Council Sponsor: Planning Division ! hereby certify that copies of this Ordil1ance/~%fHlftieft--were posted in tnr [ (itf of l}lhlir. in accordance w:th Sectiol1 731.25 of the ~io Revised Code. ~ / ___ (I-- ~~ f'",l, ('If (,,,..,,:! 0""':". m,;., -""~~"""'~""'''''~ > l ~""IIl~i<I~ "(""""'1_'~"''''.' '"';<-; LJ ...All Il~___ _ !l!Lt.i~ "!F'"rUlUi:J , . I- ,~"'""~~=~.~-~.~..~ - c C / / - - ( PUD = \. PLR PUD PU I I PUD I I R ?CD Rezoning Application Z93-015 Lochmuir I ".~-~~- ,,~,- '- CITY OF DUBLIN PLANNING AND ZONING COMMISSION AN APPLICATION FOR AMENDMENT OF TilE CITY OF DUBLIN ZONING DISTRICT MAP (Rec13ssifiC3tion of L3nd) Received by: Please type or print information - Use additional sheets as necessary TO THE 1I0NORAIlLE PLANNING AND ZONING COMMISSION: ~,., The Applicant Midwest Land Fund, Inc. , (Have property in contract) being the owner(s)./~ of property located within the area proposed for r:e-zoning (preliminary developnent plan) . requests that the following described land to be placed in the PUD District . A. DESCRIPTION OF LAND to BE RECLASSIFIED 1. General Description of Land (describe by one of the following): a. Lot(s)/Reserve(s) of , 3 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 dimension of from the (specify)' of (street or other), and having an area of . c. The tract of land containing Acres and bounded by: (specify) on the N SEW (Circle) (specify) on the K SEW (Circle) (specify) on the K SEW (Circle) (specify) on the N SEW (Circle) d. Attached legal description" YES X NO ,,\ I:: l:S Page 1 of J Knp of Proposed Zonin~ District nound~ries Two (2) copies of map accur~tely drawn to an appropriate scale (to fill a sheet of not less th~n 8% x 11 inches and not more than 16 x 20 inches). The map shall be identified and submitted in addition to the General Description of Land. The map sh~ll include all land in the proposed change and all l~nd within five hundred (500) feet beyond the limits of the'proposed change. To be shown on the map - ~ll property lines, street righe-of-way, easements and other inform~tion related to the location of the proposed boundaries and shall be fully dimensioned. The map shall show the existing and proposed Zoning District or Special District boundaries. .... List all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned. The addresses of the owners shall be those J appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS See Exhibit "A" attached hereto B. ARGUMENTS FOR RECLASSIFICATION OF TIlE DESCRIBED LAND 1. Proposed Use or Development of the Land: Single family residences and open space. . PLANNED DEVELOPMENT ZONINC DISTRICTS and SPECIAL DISTRICTS submission of three (3) copies of a Development Plan and other documents and two (2) copies shall be retained as a permanent public record if approved. For other ZoninR Districts, such plans or other exhibits would be helpful ~ ,1 to the review of this application. ...."" Plans and Exhibits submitted Plot Plan _____; Building Plan _____; Development Plan~; Sketch _____; Photographs _____ ; Other (specify) 2. State briefly how the proposed zoning and development relates to the existing ~nd probably future land use character of the vicinity. Development is consistent with surrounding development and Dublin Corrmunity Plan (see 08/05/93 staff report on concept plan). Page 2 of J pages .__..~-~-~ J. lI~s ~n ~pplic~tion for rezoning of the property been denied by the City Council within the last two (2) years? YES NO X If Yes, st~te the b~sis of reconsider~tion C. AFFIDAVIT Before completing this ~pplication ~nd executing the following affidavit, it is recommended that this ~pplication be discussed with the Building Inspector to insure completeness and accur~cy. Present owner of property: APPLICANTS'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I OIXX>> Robert A. Meyer, Jr., Attorney for Midwest Land Fund; I Iiiee. being duly sworn, depose and say that nxMXX~n)()OO(~ ~~~ I ~m/~ the*owner(s)/~ of land included in the application and that the foregoing statement herein contained and attached, ~nd information or attached exhibits thoroughly to the best of my~ ability present the arguments in behalf of the application herewith submitted and.that the statements ~nd ~tt~ched exhibits above referred to ~re in all respects true and correct to the best of my/~ knowledge and belief. *attorrey for the applicant ~i?!ft{} Robert A. Meyer, Jr. Porter, wright, Morris & Arthur 41 SOuth High ~~5eet CDltnbJs. Olio 4 (Hailing address) (614) 227-2242 (Phone) Subscribed and sworn to before me this ;.U; --1u , 1993 Person to be contacted for details, if other than .- (Name (Address) (Tele - - - - - - - - - - - - - - - rOo ~ot ~Ite below thIs-lIne)- - - - - - - - - - - - - - D. .RECORD OF ACTION 1. Withdrawn Held to (Date) (Date) 2. P&Z C: Date of Hearing Approved Disapproved Kodified J. City Council: D~te of Hearing Approved Dis~pproved Modii ied - ~ , ~ - ----._---- The applicant/~ hereby acknowledges that approval of ~~ (its) request for re-zooinq' by the Dublin Planning and Zoninn Commission and/or Dublin City Council does not constitute a guarantee or bindinn commitment that the City of Dub'in will be able to provide essential services such as water and sewer facilities when needed by said applicant. The City of Dublin will make every effort to have these services available as needed. However, the rapid growth of the City of Dublin and Northwest -, Franklin County has stretched the City's capacity to provide these services ...J to the limit. As such, the City of Dublin may be unable 'to make all or part of said facilities available to the applicant until some future date. The undersigned hereby acknowledges and understands the foregoing. ~tmtPr ?R lQQ1 ~ htf Date On behalf of: Mit1v.Pc;t I ilnn Flm TO(' Appliean t ~ -J . ~._. ~'.' "c~~~~~_.="..,~..,~,.. ....,..... .'-"'_.~--~- .....-.-> ,'.~,.. ;, rn-lJO tt A Property Owners of ~ontinQuous Parcels ("all mailing addresses same as site addresses unlp<s otherwise noted) Owners Property Address HailinQ Address of Property Owner. The Shawnee Hills Land Co. Acreage/Avery & Brand Roads c/o Scherer Co. ATTN: K. Kerr 5131 Post Road Dublin, Ohio 43017 Erwi n & Erwi n Acreage/Brand Road 7BD5 Dublin Road Dublin, Ohio 43017 Indian Run United Methodist 7707 Avery Road 6300 Post Road Church of Oublin, Inc. Oubli n, Ohi 0 43017 George M. & Catherine Headlee 7340 Brand Road Dublin, Ohio 43017 Virgil & Marsha A. Temple 7400 Brand Poad Oubli n, Ohi 0 43017 Ralph F. & Inez H. Paglieri BOOO Avery Road Dubli n, Ohi 0 43017 Jennings J. & Barbara J. Allen B040 Avery Road Oublin, Ohio 43017 The Country Club at Muirfield 8715 Muirfield Drive Dublin, Ohio 43017 Muirfield Associates Reserve/Muirf:eld Or. 8372 Muirfield Drive Dubli n, Ohi 0 43017 Peggy D. Lenke r 6187 Memorial Drive Dublin, Ohio 43017 Charl es E. & N.K. Davh 6181 Memorial Orive Dublin, Ohio 43017 Joseph E. & Patricia J. ~olub 6173 Memori al .Drive Dublin, Ohio 43017 F. Gerald & Esther W. Lawicki 6165 Memorial Orive Dubli n, Ohi 0 43017 Wilmer H. Jr., & Nancy N. Oriver 8113 Holyrood Court Dubli n, Ohi 0 43017 Stephen A. & Sandra L. Montee 8101 Holyrood Court Dublin, Ohio 43017 Wanda J. & W. Michael Momburg 8089 Holyrood Court Dublin, Ohio 43017 Ronald D. & Jane A. Newman 8077 Holyrood Court Dubli n, Ohi 0 43017 John E. & Sally C. Imes 8065 Holyrood Court Dublin, Ohio 43017 Michael W. & Beverly A. Swartzlander 8053 Holyroo~ Court Dublin, Ohio 43017 Stephen V. & Suanne R. Szempeuch 8041 Holyrood Court Dublin, Ohio 43017 ,..,.. - -~,._--- ._---_._..__._---_....~_.,--+--~--~- Michael F. & Ann M. Quinn 8029 Holyrood Court Dublin, Ohio 43017 John H. & Victoria K. Jourdan 8017 Holyrood Court Dubli n, Ohi 0 43017 Mark S. & Chari M. Young 8005 Holyrood Court Dublin, Ohio 43017 Roy L. & Gloria A. Breckenridge 7993 Ho1yrood Court Dubli n, Ohi 0 43017 Peter D. & Mary G. Costello 7981 Holyrood Court Dublin, Ohio 43017 ~ Diane S. & Steven 8. Jaffee 7969 Holyrood Coutt Dublin, Ohio 43017 J Mark J. & Debra M. Crnkovich Holyrood Court 9112 Preswick Court Dublin, Ohio 43017 Dub li n, Ohi 0 43017 ROS/2122 ~ ...J - z - ~ .~----~.~--~ -~..---...~ July 19, 1993 ~ To Who. It Kay Concern: I/Wa acknowledq. that we currently own the L 6 . 5 acres of land on the east aid. ot Avery Road. Wa acknowledqa that Midwe.t Land Fund, Inc. (Midwa.t) has filed for concept plan approvall zoning with the city of Dublin. We further acknowladge that wa have ;iven xidwe.t permission to take 8uch .teps as necessary to file and complete tha approval process required by the City ot Dublin. Re.pectfully, ~.~~. Theodore L. Lenker 7-~-?3 Date MASSA REAl TY & DEVelOPMENT A'2 E. Goy S,,..., Svi,.~ _ Col.....ho. (')1.,.., .(3'21 S .~ IndMdu.t u....~ In ... 90ClElY OF I'oIOUSTflUJ. and -~~-- ,~".~--,_...__.- _'__'__'~___H_ . .. ... July 11, 1"3 ,J !'O W1\oIl It May C~.I I/Wa ~l___ tM~ __ aurramly &Wft t:1Ia 31.N1 ~ of laftd OIl ~ ftori:!l aiM o~ araftd a-.:t. .. .~1___ tM1: Mi"'''~ 14ln4 PUftd, IM. (Vt ~) ... f11M for ~ plan "'~~I _.1... v1t:1l i:M c:i'ty of l)W:)J.J.a. .. tu..u..... aGkftawl___ ~ __ have q1ft1\ lIiduut ~-..1oa to taka neb ~.. ., ~r....tJ:Y to tile ucl e ..18ta ~ approval i4'C~I.. ~ bIJ.tha e1~ of, DOlin. -..1*'ttu.l11, . , -~.._~. z-4~~ ,_.,.~ ~.~- ./?- J . '-rhl/'lf . .. " -. M-~SM . tt!AL TV & CEVUOPIllfNT ~Lo.~ . . ~.. '" r~...ow.an! V=9 .,...... "Il I ,.... aoo., T t:J* IGUI1"IIIIM. .. 6l'.2:JI.""" . ,........ .... ,..... t.d T 2.60-€62.v t 9: .1041 ''In!...-enr I~ ~: po J E6, B2 Tlf _. - -- ... ' I ~ - 92317005 September 23, 1992 ;/ ..,' .- , DESCRIPTIOH OF 37.863 ACRES OF LAND Y LOCATED OU'THE NORTHERLY SIDE OF I BRAND ROAD AND EAST OF AVERY ROAD, IN THE CITY OF DUBLIN', COUNTY OF FRANKLIlt, STATE OF OHIO situated in the state of Ohio, county of Franklin, city of Dublin, being in Virginia Military Surveys No. 2544 and 5162 (6152), containing 37.863 acres of land, more or less, said 37.863 acres being all of that 37.863 acre tract of land described in Exhibit IIBI! in the deed to Jefferson Savings Bank, of record in Official Record 14980F01, Recorder's Office, Franklin County, Ohio, said 37.863 acres of land being more particularly described as follows: Be1inning, for reference, at an aluminum cap in concrete (Frankl n county Monument Designation FCGS 6648) at the centerline intersection of Brand Road and Avery Road (Avery Road north of Brand Road), the,same being an angle point in the northerly bcundary of that 80.379 acre tract of land described in Exhibit "A" in said deed.to Jefferson savings Bank, said reference point of beginning also being the southwesterly corner of that 0.85 acre tract of land described in the deeds to Virgil Temple and Harsha A. Temple, of record in Deed Book 3657, Page 254 and Deed Book 3657, Page 255, Recorder's Office, Franklin County, Ohio! thence S-69'21'42I1E, with the centerline of said Brand Road, with a northerly line of said 80.379 acre tract and with the southerly line cf said 0.85 acre traot, a distance of 148.50 feet to a railroad spike at the true pcint of beginning at a corner of said 37.863 acre tract, the same being the southeasterly corner of said 0.85 acre traotl r;l>>c....' Thence, from said true point of beginning, N-10'45'02rrE, with "';\i4jj" a westerly line of said 37.863 acre traot and with'the easterly +ine of said 0.B5 acre tract, crpssing a 3/4-inch (I.D.) iron pipe ae a diseance of 30.45 feee, a total distance of 279.69 feet to a 3/4-inch (I.D.) iron pipe at a northwesterly corner ot said 37.863 acre tract, the same being the northeasterly corner of said 0.85 acre tract, said iron pipe also being in a southerly line of that 8.608 acre tract of land described in the deed to Ralph P. Paglieri and Inez H. Paglieri, of record in Official Record . l4446E19, Recorder's Office, Franklin county, Ohiol Thenoe N-71'SO'04"E, with a northerly line of said 37.863 acre tract and with a southerly line of said 8.608 acre tract, a distance of 229.67 feet to.a 3/4-inch (I.O.) iron pipe at a corner of said 37.863 acre tract, the same .being a southeasterly corner of said 8.608 acre tractl Thence N-14'OS'36"W, with a westerly line of said 37.863 acre tract and with an easterly line of said 8.608 acre tract, a distance of 19.90 feet to a 3/4-inch (I.D.) iron pipe at a northwesterlr corner of said 37.863 acre tract, the same being a corner of sa d 8.60B acre tract, said iron pipe also being in a northerly line of said virginia Military survey No. 2544 and in a southerly line of said Virginia Military Survey No. 5162 (6152)1 ------- ----,- - --------~----~ ~__M~~ ----------- - ," ^---,--~---~~-,-+- -- - - - - - - ----- < . . DESCRIPTIOH OF 37.863 ACRES OF UUiD (Cont'd) - I Thence H-72'52'37"E, with a northerly line of said 37.B63 acre tract, with a southerly line of said 8.608 acre tract, with a northerly line of said Virginia Military survey Ho. 2544 and with a southerly line of said Virginia Military Survey Ho. 5162 (6152), a distance of 351.06 feet to a 3/4-inch (I.D.) iron pipe at a corner of said 37.863 acre tract, the same being a southeasterly corner of said 8.608 acre tract1 Thence N-l4'05'36"W, with a westerly line of said 37.863 acre tract, with the easterly line of said 8.608 acre tract and with .~ the easterly line of that 6.492 acre' tract of land described in the deeds to Richwood Homes, Inc. and Muirloch Realty, Inc., of record in Official Record 13344H17 and Official Record 13344I01, Recorder's Office, .Franklin County, Ohio, a distance of 716.18 feet to a 3/4-inch (I. D.) solid iron pin at a northwesterly corner of said 37.863 acre tract, the same being a southwesterly corner of Muirfield village Phase 30, the subdivision plat of same being shown of record in Plat Book 66, Pages 55, 56 and 57, Recorder's Office, Franklin County, Ohio1 Thence N-71' 52.' 16"E, with the northernmost line of said 37.863 acre tract and with the southernmost line of said Huirfield Village Phase 30, a distance of 965,54 feet to a 3/4-inch (I.O.) iron pipe at the northeasterly corner of said 37.863 acre tract, the same being the southeasterly corner of said Muirfield Village Phase 30, said iron pipe also being an angle point in the westerly boundary of Huirfield village Phase 28, the subdivision plat of same being shown of record in Plat Book 65, Page 88, Recorder's Office, Franklin County, Ohiol Thence S-3'25'38"E, with an easterly line of said 37.B63 acre tract, with a westerly line of said Huirfield Village Phase 28 and with a westerly line of that 32.854 acre tract of land described in EXHIBIT A of the deed to The Country Club at Huirfield Village, of record in Official Record 01248A07, Recorder's Office, Frankli County, Ohio and in Deed Book 445, Page 526, Recorder's Office, Delaware County, Ohio, a distance of 1,434,18 feet to a 3/4-inch (I.D.) iron pipe at a corner of said 37.863 acre tract, the same being the northeasterly corner of that 1.982 aore tract of land. described in the deed to George H. Headlee and Catherine Headlee, of record in Deed Book 1979, Page 28, Recorder's Office, Franklin county, Ohio, Thence N-75'50'02"W, with a southerly line of said 37.B63 acre traot and with the northerly line of said 1,982 acre tract, a distance ot 157.49 feet to a 3/4-inch (I.O.) iron pipe at a corner of said 37,863 aore tract, the same being the northwesterly corner of said 1,982 acre tractl Thence S-3'25'38"E, with an easterly line of said 37.863 acre traot and with the westerly line of said 1.982 acre tract, crossing a 3/4-inch (I.D.) iron pipe at a distance of 533,00 feet, a total distance of 565.B6 feet to a railroad spike in the centerline of said Brand Road at a corner at said 37.863 acre tract, the same being the southwesterly corner of said 1.982 acre tract1 . . RECORD OF ACTION DUBLIN PLANNING AND ZONING COl\1MISSION DECEl\ffiER 2, 1993 flY OF DtBLIX The Planning and Zoning Commission took the following action in the application below at its regular meeting: 2. Rezoning AppliC2tion Z93-015/Preliminary De\'elopment Plan - Lochmuir LoC2tion: 44.356 acres located on the north side of Brand Road, approximately 250 feet east of A very Road and including frontage on A very Road approximately 450 feet north of the Brand Road intersection. Existing Zoning: R-l, Restricted Suburban Residential District. Request: PUD, Planned Unit Development District, review and approval of Preliminary Development Plan under Section 1181.07. Proposed Use: 65 single-family lots with 9.794 acres of open space. Applicant: Midwest Land Fund, Inc., clo Robert A. Meyer, Jr., Porter, Wright, Morris & Arthur, 41 South High Street, Columbus, OH 43215. 1\10TION: To approve this Preliminary Development Plan with the following 21 conditions: 1) That the subdivision will have a 30-foot wide mound, with evergreen trees planted 15 feet on center and staggered, along the Paglieri property line; . 2) That the developer sub mitt a tree survey showing all landmark trees and that the location of utilities be field verified and redesigned if necessary to minimize the destruction of significant trees, and that the definition of tree preservation zones be indicated on all plats and construction drawings; 3) That the bikepath bridge be located so that it complies with all applicable flood hazard regulations subject to approval of City Engineer; 4) That the site be accepted by the Muirfield Association, and developed as a phase of Muirfield; 5) That pavement widths be a minimum of 28 feet (measured back to back) with curb and gutter, and that no-parking zones along one side of the streets, as approved by the City Engineer, and that any proposed cul-de-sacs differing from the City Standard be approved by the same; 6) That 40 feet of right-of-way from centerline be dedicated along Brand Road and 30 feet from centerline along Avery Road, consistent with the Community Plan; 7) That left turn stacking be provided on A very Road at the entrance to the development, as approved by the City Engineer; 8) That the 24-inch sanitary sewer be extended from Dublinshire Drive to the west boundary of this development, the location to be approved by the City Engineer prior to submitting construction drawings; 9) That floodway, floodway plus 20 feet area and the lOO-year floodplain be shown on all plans and plats; AS SUBMITTED TO COUNCil Page 1 of 2 ~FOR MEETING ON~ ....... -, -,,~~.~ - --------~,."." - -----~-~--,--- RECORD OF ACTION DUBLIN PL~WNG ~1J) ZOr-,1JNG COl\1MISSION DECEl\1BER 2, 1993 Rezoning Application Z93-015/Preliminary Deyelopment Plan - Lochmuir ~ J 10) That the storm water management for the development conform to Dublin City standards, including the grading of the ponds at Brand Road, and that easements are provided for utilities and stormwater management areas located outside rights-of-way; 11) That blasting be permitted on a lot by lot basis for the construction of utilities or home construction subject to approval of the City Engineer, Chief Building Official and Fire Chief; 12) That the applicant submit a plan for street trees, an entry feature landscape plan, a buffer landscape plan and landscaping for the Brand Road ponds as approved by Staff; 13) That the open space be deeded to the Muirfield Village Association at time of Final Plat; 14) That the Indian Run stream bed be cleared of debris to the satisfaction of the City Engineer; IS) That the ditch along Brand Road and Avery Road be improved to the satisfaction of the City Engineer; 16) That sidewalks be installed except as waived by City Council; 17) That street lighting be provided at both entries; 18) That the island raduii be worked out with the City Engineer trying to maximize greenspace in the center; 19) That the Headlees' well be replaced if damaged within one year after the streets and utilities are accepted by the City; 20) That no trespassing signs be installed by the Muirfield Association along Headlees' property line; and ~ 21) That continuous landscaping along the Headlees' west property line be installed as agreeable with the property owner. .-/ The applicant agreed to the above conditions. VOTE: 5-0-1. RESULT: This Preliminary Development Plan was approved with conditions. STAFF CERTIDCATION H dJAt -it ~tJwv,b Mary H. Newcomb Graduate Landscape Architect Additional Information: The Commission recommended that a sidewalk wavier be approved by Council. Page 2 of 2 - ~."- - ^ .'.. --,,~.- ""'"''''-''''---.'' ~_.- ,_ .__..,__-.~"__..___~_-. ""-"''-'-:'''~U'''''':'''''''__''___'_'''( " ,71 P " \"" ~l. " C-, \ 1 ,~ .~ II ~ ~ h,' , ,./~_;~.~U~~~~",_l=d ~ll . Fi 'Ii I FEB - 4 ..( II i :,'.:J~' q. .-'.......-.. I. 1 " _~,. c', ,~"'~~. __.._~c=j L_ ~ "-~~~p-~_ __:.~.L1)::1 J TEXT FOR PRELIMINARY DEVELOPMENT PLAN LOCHMUIR PLANNED UNIT DEVELOPMENT A Preliminary Development Plan, consisting of this text and the attached plan drawings, is proposed and submitted for approval under Planned Unit Development (PUD) District regulations for 44.3z acres located generally at the northeast corner of Brand and Avery Roads. It provides for low density single family development consistent with Muirfield standards, together with generous open space. The format of this text follows the Preliminary Development Plan content requirements of Section 1181.07(g)(2) with the Dublin Planning and Zoning Code. A. Northpoint and Scale: Please see Preliminary Development Plan drawing. B. Proposed Location and Size of Areas of Residential Use, Indicating Dwelling Unit Densities, Dwelling Unit Types and Total Number of Dwelling Units for Each Density Area and the Total Number of Dwelling Units Proposed in the Development Plan: There will be 65 single family lots. The location size and configuration of the lots and internal street system serving the lots are shown on the Preliminary Development Plan drawing. All lots are over 100 feet in width. The overall density is approximately 1.46 units per acre. The dwelling unit types will be single family dwellings constructed in accordance with Muirfield standards. c. The Proposed Size, Location and Use of Non-residential Portions of the Tract, Including Usable Open Areas, Parks, Playgrounds, School Sites and Other Public Areas and Open Spaces with the Suggested Ownership of Such Areas: Open space consisting of primarily the area along Indian Run Creek is shown on the Preliminary Development Plan drawing, and is intended to be deeded to the Muirfield Association P'~ as part of the Muirfield common area. A bikepath, including a bikepath bridge crossing Indian Run Creek, would be constructed in locations as shown, and would become Muirfield Association property. In addition, a building setback would be established in the area along Brand Road at a distance of 200 feet from centerline. Open space to the south of the road right of way and the south boundaries of lots 55 and 65 (Reserves B and C) would also be deeded to the Muirfield Association. D. The Proposed provision of Water, Sanitary Sewer and , Surface Drainage Facilities, Including Engineering ...,,; Feasibility Studies or Other Evidence of Reasonableness: Please see attached engineering plans. Stormwater detention areas will be privately maintained. Standard engineering practices for controlling stormwater runoff and sedementation during construction will be employed. E. The Proposed Traffic Circulation Patterns, Including Public and Private Streets and Parking Areas Indicating Evidence of Reasonableness: The Preliminary Development Plan indicates the street pattern proposed for the Lochmuir development. The Applicant proposes a general street pavement width of 26 feet, with cul-de-sac and island configurations as shown on the Preliminary Development Plan. Right-of-way at 30 feet from centerline will be dedicated along Avery Road, and at 40 feet from centerline along Brand Road. F. The Proposed Schedule of Site Development, Construction of Structures, and Associated ~ Facilities. Such Schedules Shall Include Proposed Use or Reuse of Existing Features Such as Topography, J Structures, Streets, Easements and Natural Areas: The site is within the area designed to be served by a 24 inch sanitary trunk currently requiring extension from a location east of Muirfield Drive. The mechanics of the extension of that sewer will determine the scheduled start for development of this site. G. The Relationship for the Proposed Development to Existing and Future Land Use in the Surrounding Area, the Street System, Community Facilities, Surfaces and Other Public Improvements: - 2 - At.. -~,~-~~~<---........,-- - The development proposed is consistent with development in the area and the Dublin Community Plan. Its low density and provision of open space well beyond base requirements yield an overall minimal impact on community facilities and public improvements. Buffering of adjacent Paglieri and Headlee properties is shown on Exhibits A and B. With respect to tree preservation, nearly all of the trees on the site exist along Indian Run, the area of which is delineated on the Preliminary Development Plan. The portion of the development on the south of Indian Run is entirely out of the existing treed area along the stream. On the north side of Indian Run a no build zone will be established on lots 24, 25, 26, 33 and 34 ~ Builders will be required to install temporary construction fence along this preservation area. Within the delineated open space, existing trees larger than 6 inches in diameter will not be removed except to the extent necessary for the installation of storm detention, bikepaths and utilities, or except in accordance with accepted forestry management practices. Street trees will be installed in accordance with Dublin requirements. H. Space for Appropriate Council Ordinance Number Approving Preliminary Development Plan: Please see Preliminary Development Plan drawing. *and lots 21, 22 and 23, and a tree preservation area/no build zone to the rear of lots 55 through 65, inclusive. MEYER/17l4 - 3 - .,- ~ .' \ .. ' .' -, un' -====:::: -- , " :.--'- , . ,. ~. I , , r , -, " " . 9()' l., Ie IJO' ~ ~~ '" " "t- \ , , IJO' , 167' , I . . . ~ ..... C) ~ -' lC) I / ~ ..J ( / " \ ,.. I ,\ , \ < I \ , I- \ / \ I 53 I ~ :f If ".. ... >< /. ./ - u.J il a f , ~ t - --8" . -' - -'? .~ 1 ~ (/) ~ III 11 ~ i' ~ -- ---- '~,,4'_ \ - D \ } I \ ( ("') ) ofe-- qf~~ ",::/ uo,~ cr -....,.., .. \ /. : I.... Or~u 1'0 'fr.~G ~,..~h~> '7"0 / ~(..\~ "5~ 1\;\~ """"': . ;.10 &r l~ ) r-u i.J~ Ot"" . :f~vfCh- -7\.. \ ~~~(~~: .c-Lo~ ~("\f~\ o~ l.ot~ I-z.~ 7 ____.. ____.d:--:-:.-- 'I. ~ ~'j (M .-- ---(.~ (w') "iv I~...rz.l~ I,... ~I,...J . ~~I%'\..j \--'i,,-h""I"- ~'-J\U',r~ . "'7V("~ ll:.J \1-w:.. "'- . . ~OCHMUIR : t::onceptual Screening Plan . ". . - 1":"'100' I '. . . . ... .A' . . EXHIBIT B Mas~a: Realty and Developm~t Mvers Schma1enberger .~ , ,.. ~ J ~ - - " '- -. ",~---,,~,'- - ".""-~~"",~,,,",.,--- , ....... 'Dublin Planning and Zoning Commission Staff Report - December 2, 1993 Page 6 CASE 2: Rezoning Application Z93-015/Preliminary Development Plan - Lochmuir APPLICANT: Midwest Land Fund, Inc. clo Robert A. Meyer, Jr., Porter, Wright, Morris and Arthur, 41 South High Street, Columbus, OH 43215-3406; and Muirloch Realty Inc. c/o Theodore L. Lenker and Richard J. Kondas, 6189 Memorial Drive, Dublin, Ohio 43017; and Shawnee Hills Land Company, clo Ronald Scherer, 5131 Post Road, r' Dublin, OH 43017. REQUEST: To rezone 44.356 acres located on the north side oflocated on the north side of .... Brand Road, approximately 250 feet east of Avery Road and including frontage on A very Road approximately 450 feet north of the Brand Road intersection from R-I, Restricted Suburban Residential to PUD, Planned Unit Development District (PUD) for a single-family subdivision of 65 lots and 9.8 acres of private open space. The request is for review and approval of a Preliminary Development Plan under the provisions of Section 1181.07. BACKGROUND: The Lochmuir Concept Plan was approved by the Planning and Zoning Commission on August 5, 1993, and by City Council on September 20, 1993. This application is the formal rezoning request which includes the Preliminary Development Plan, and it delineates land use, lot size, development standards, design guidelines, density, park area and road configuration and effectively serves as the preliminary plat normally required by the City's subdivision regulations. The Preliminary Development Plan was tabled without discussion at the request of the applicant last month. Following a recommendation by the Commission, a public hearing will be held at City Council, and later a vote will be taken by Council to approve or deny the rezoning petition. A twolthirds vote of Council will be required to overturn the Planning Commission recommendation. Upon approval of the rezoning, the applicant will need to submit a Final Development Plan for at least twenty percent of the property within 240 days. Each phase will be subject to Commission review prior to construction under the Final Development Plan regulations. The process is governed by Section 1181.07 of the Planning and Zoning Code. ... CONSIDERA TIONS: 0 Lochmuir is 44.356 acres located to the north and east of the corner at Brand and Avery Roads. The proposal for Lochmuir includes 65 single-family dwelling units and 9.794 acres of open space, which is to be owned and maintained by the Muirfield Association. The gross density is 1.465 dwelling units per acre. The approved Concept Plan included 75 lots, 10.99 acres of open space, with a density of 1.69 dwelling units per acre. 0 The site is currently zoned R-1, Restricted Suburban Residential District. 0 The North Fork of Indian Run bisects the southern portion of the site. Fairly level farm land is located south and north of the Run. Along the south side of the Indian Run are trees, and there are approximately ten to twelve acres of woods north of the stream. 0 The site is bordered to the east and north by single-family homes in the Muirfield Village PUD located on Memorial Drive and Holyrood Court. To the west, along A very Road are large lot single-family homes zoned R-1, Restricted Suburban Residential District. To the south along Brand Road is undeveloped farm land which has a pending development request for a 222 single-family lots (Hawk's Nest) that is still zoned R-l. r- Dublin Planning and Zoning Commission Staff Report - December 2, 1993 Page 7 There are existing large lot single-family residences abutting the site to the east and west along Brand Road. 0 Development standards will be consistent with other phases of Muirfield. The side yard setbacks will be a minimum of 7.5 feet and the combined sideyard will be a minimum of fifteen feet. The rear yard setback is to be a minimum of 25 feet and maximum building height will be 35 feet. Fencing restrictions will be consistent with those existing in Muirfield. No chain link or wire fencing will be permitted, and all fences will require approval by the Muirfield Design Review Committee. ~ 0 The entire subdivision is proposed to become another phase of the Muirfield Village , PUD. A letter of verification that this subdivision will be subject to the same Muirfield .. Village deed restrictions, rights and amenities has been submitted by Muirfield Association on behalf of the Muirfield Board of Trustees. 0 The subdivision will consist of two separate parts. The area to the south of the Indian Run will have access from Brand Road. A single-loaded public street will serve 11 lots with an open space reserve for detention along Brand Road. The northern area will have access from A very Road and will have 54 lots. There will be no connections to other subdivisions. 0 The proposed streets are 26 feet in width. Staff could support a 28-foot minimum width (back of curb to back of curb). No parking zones along one side of all interior streets will be indicated on the final plat. Full, typical cross sections need to be indicated on the plan. 0 The Community Plan requires a right-of-way of 6Q-feet along Avery Road and 80-feet along Brand Road. The applicant is proposing to dedicate the necessary right-of-way along both roads. 0 Left turn stacking should be provided along Avery Road, consistent with current City policy, at the entry to the subdivision. 0 The required open space is 4.462 acres. The applicant is proposing 9.79 acres of open space along Brand Road and adjacent to the North Fork of Indian Run. The open space is to be owned and maintained by the Muirfield Association. ...... 0 A six-foot wide bike path, consistent with the Muirfield Village system, is shown along the south side of Indian Run. . The bike path should be located entirely within Reserve , A and the termini should be redesigned to allow for safe turning movements. The alii' bikepath bridge must be located outside of the flood way . 0 There are 13 lots adjacent to the Paglieri property. This number should be reduced by some redesign of the layout to lessen the impact on the existing large lot development. 0 The applicant is proposing a landscape buffer along the east property line (Headlee) and the west and north property line (paglieri). Additional buffering is needed along the Headlee property (located at the northwest corner of Brand and A very Roads) and the Allen property (located to the north on Avery Road). 0 Local residents have stated that a landfill may exist north of the North Fork. This general area was previously a livestock holding pen and large quantities of organic matter may be present in subsoil regions. The applicant has performed a wetland study and soil assessment, and apparently there is less than one acre of wetland and no significant soil problems on the site. A copy of the report has not been submitted. 0 Entrances to this site and the Hawk's Nest site should be coordinated along with the spacing of curb cuts and street intersections. AIII\ - -~~~~.~-,~_.~..~~- Dublin Planning and Zoning Commission Staff Report - December 2, 1993 Page 8 0 Sanitary sewer is currently unavailable to the site. Sanitary sewer service must be provided from an extension of an existing 24-inch sanitary trunk located on the north side of Dublinshire Drive approximately 500 feet east of Muirfield Drive. The developer should identify its location and design prior to the submission of the Final Development Plan. 0 Sidewalks and street trees will be required on all streets including Brand Road and Avery Road, unless specifically waived by City Council. The applicant has made no such application to date. Staff could not support a waiver along the perimeter roads (Brand and Avery). '-' 0 Stormwater management must conform to City of Dublin standards and should include coordination with adjacent developments. A retention pond is proposed north of Indian Run and two shallow detention ponds are located adjacent to Brand Road. 0 No grading activity is permitted within 20 feet of the flood way boundary. Filling within the floodplain will require an engineering study, approved by the City, of the effects of floodplain filling on the tributary boundary and on downstream areas. 0 A 2oo-foot building setback is shown adjacent to Brand Road. This setback is consistent with other developments along this scenic collector. The setback includes two detention ponds and a road. 0 Tree masses are shown on the plan. Further detail needs to be shown regarding trees including size and location. There are approximately 25 Landmark Trees (trees which are 24 inches in caliper or greater) located on the site. The tree preservation zone needs to be indicated on the preliminary plat, final plat and construction drawings. STAFF RECOMMEl\TOATION: Staff is recommending approval of this Preliminary Development Plan with the following conditions: Conditions: ",.,,, 1) That the subdivision be redesigned and resubmitted to reduce the number of lots ~ along the Paglieri property line; 2) That a tree survey showing trees six inches in caliper or greater be submitted and that the location of utilities be redesigned if necessary to minimize the destruction of significant trees, and that the definition of trees preservation zones be indicated on all plats and construction drawings. 3) That the bikepath bridge be located outside of the flood way and in compliance with all applicable flood hazard regulations, and that the bikepath termini be redesigned subject to Staff approval; 4) That the site be accepted by the Muirfield Association, and developed as a phase of Muirfield; 5) That pavement widths be a minimum of 28 feet (measured back to back) with curb and gutter, and that no-parking zones along one side of the streets, as approved by the City Engineer, and that any proposed cul-de-sacs differing from the City Standard be approved by the same; 6) That 40 feet of right-of-way from centerline be dedicated along Brand Road and 30 feet from centerline along Avery Road, consistent with the Community Plan; "... Dublin Planning and Zoning Commission Staff Report - December 2, 1993 Page 9 7) That left turn stacking be provided on A very Road at the entrance to the development, as approved by the City Engineer; 8) That the 24-inch sanitary sewer be extended from Dublinshire Drive to the west boundary of this development, the location to be approved by the City Engineer prior to submitting construction drawings; 9) That floodway, floodway plus 20 feet area and the lOO-year floodplain be shown on all plans and plats; 10) That the stormwater management for the development conform to Dublin City ...,. standards, including the grading of the ponds at Brand Road, and that easements J are provided for utilities and storm water management areas outside rights-of-way; 11) That blasting not be used for the construction of utilities or for home construction; 12) That the applicant submit a plan for street trees, an entry feature landscape plan, a buffer landscape plan and landscaping for the Brand Road ponds as approved by Staff; 13) That the open space be deeded to the Muirfield Village Association at time of Final Plat; 14) That the Indian Run stream bed be cleared of debris to the satisfaction of the City Engineer; 15) That the ditch along Brand Road and A very Road be improved to the satisfaction of the City Engineer; 16) That sidewalks be installed except as waived by City Council; and 17) That street lighting be provided at both entries. Bases: 1) The Community Plan identifies this area as appropriate for single-family development. 2) The style of residential development will be compatible with existing development in lot size, density, and style of housing. ...,. 3) The open space extends the Muirfield Village system. 4) The traffic goals of the City are furthered by the plan as modified. J 5) Tree preservation goals of the City are furthered by the plan as modified. ~ , n "i flJ . ~ - ''"~~~''~.~"^--.''~' ,- / .- PlR PUD \ - , PUD ~ Rezoning Application N .--: Z93-015 Lochmuir 1- ;l- >-\Z "-:t!l~,,1, 1-1::::> ~~ ~r;:.~ ZIO ,. IU ! ::::> 0 w u ~ 7 ~ c... ~ HI~ Z'...J c =>lW ~ :.:-- "'''' , , ~ 'l -. -.. BJWln RD 0- ':;;;!tJ};' .~ ~" P9". ':. 0- I- '~i'~~:.:'~~:.;" ;::~:"-. > Z l- e ':~3~~S. V~'. ~,:::5 'JZ '. . ~x w,,<n - ~ :; ~. Rezoning Application ~ Z93-015 ~ \ i Lochmuir ~ PUx:H1D .z, - ---~--,~.,-~.~---,,-~.--~-_._-~------_.._-,~-~.~= --------------------- ------ .- '\ \ \ ~ 'l"~ .\\ \ ' '. \ \\ ZONE C Lochmuir \ Site Year Flood Boundary \ '- Yea r Flood Boundary Lochmuir Flood Insurance Rate :MaI ,.... Scale 111 = 400' N' - n. ~- - ----- ....- ----~.__._-". ----------- "--- ~ J Lochmuir Sit e . 500 Year Flood Boundary ~ J 100'Year Flood Boundary Lochmuir Floodway Map l't Scale 1" = 400' _.'"._."-"_._~.,~.-,."...";.",-'._"",,,, ~ ..- Dublin Planning and Zoning Commission Meeting Minutes - December 2, 1993 Page 5 2) That the applic pay a fair share of the Woerner-Temple Road extension which may include the co truction of 560 lineal feei:/ the road with all improvements and the design of th full width of the road (100) t right-of-way; 41 feet of pavement); 3) That left- m stacking lanes be provided.-on Sandy Rings Lane at Woemer- TerhPle. Left- turn s king and alignment iSS~Ong Avery Road at woern7Ple must be resol by the time of prelimin . plat; 4) Th 28-foot pavement streets ha(e no-parking wnes as a r"'l/PUbliC improvement, approved by the City Engj/eer; 5) /That the applicant extend ~e'20-inch waterline along the east/side of Avery Road, or that this waterline issue be resolved in some other fashion by/the time of preliminary plat; 6) That provisions be ma~ for the design, implementatiofl, and removal of the tem~rary access drive, as apptc;ved by Staff. It must be re9es1gned to 24 in width; ~ 7) That lighting be)nstalled at the intersection of/Woerner-Temple and Avery Road in accordance with' the Dublin Lighting Guidel~n~; and L 8) That the Walmer-Temple Road be constructed last, in approximately eighteen months, as part ot the preliminary platting of !haiplan. / / ^ Mr. Rauh sec6nded the motion. The vot~as as follows: Mr. Fishman, yes; Mr. Manus, yes; Mr. Peplow, yes; Mr. Rauh, yes; Mrs. Stillwell, yes; and Mr. SutPhen, yes. (Approved with conditions 6-0.) 2. Rezoning Application Z93-015/Preliminary Development Plan - Lochmuir This rezoning application and area slides were presented by Mary Newcomb. This is a request to rezone 44.356 acres located to the north and east of the Brand and Avery Road intersection from R-I, Restricted Suburban Residential District to PUD, Planned Unit Development District. The Lochmuir Concept Plan was approved by the Commission on August 5, 1993 and then by Council on September 20, 1993. The Preliminary Development Plan was tabled without discussion at the November meeting. The proposal includes 65 single-family lots as a new phase of Muirfield Village and 9.794 acres of open space to be owned and maintained by the Muirfield Association. To the north and east of the site are single-family residences located on Holyrood and Memorial Drive. To the west and south are single-family residences and undeveloped land. The North Fork of the Indian Run divides the site into two. Ms. Newcomb said the development standards for this project will be consistent with other phases of Muirfield. The side yard setbacks will be a minimum of 7 1/2 feet and combined side yard will be a minimum of 15 feet. Rear yard is to be a minimum of 25 feet and maximum building height will be 35 feet. A letter verifying that the subdivision will be subject to the same Muirfield Village deed restrictions, rights, and amenities has been submitted by the Muirfield Association on behalf of the Muirfield Board of Trustees. The subdivision will consist of two separate parts. A single-loaded public street off Brand Road will serve II lots with an open space reserve for detention along Brand Road and a 2oo-foot setback. The northern 54 lots will have access from A very Road with no connection to other subdivisions. The proposed street widths are 26 feet. Staff will support a 28-foot pavement with no parking along one side. The applicant will comply with the Community Plan which requires a right-of-way at 60 feet along - Dublin Planning and Zoning Commission Meeting Minutes - December 2, 1993 Page 6 Avery Road and 80 feet along Brand Road. Left-turn stacking should be provided along Avery Road consistent with current City policies. Ms. Newcomb stated that the required open space is 4.462 acres and 9.794 acres along Brand Road and the North Fork are shown. Located within the open space is a 6-foot wide bikepath consistent with the Muirfield Village system. Staff believes the bikepath should be located entirely in the reserve and that the ends of the bikepath should be designed for safe turning ~ movement. The proposed bikepath bridge across the North Fork must meet construction requirements for flood hazard areas. The plan shows 14 lots adjacent to the Paglieri property, J and this number should be reduced. The applicant is proposing a landscape buffer along the east property line adjacent to the Headlee property and also along the Paglieri property line. Additional buffering is needed along the Temple property located at the corner of Brand and A very Roads and to the Allen property located immediately north of the development. Currently sanitary sewers are unavailable to the site. The extension of an existing 24-inch sanitary trunk located east of Muirfield Drive is needed. The developer should identify its location and design prior to submission of the 'final development plan. Sidewalks and street trees will be required on all streets including Brand and Avery Roads unless specifically waived by Council. No grading is permitted within 20 feet of the floodway boundary and filling within the flood plain will require an engineering study. Lots #33 and 34 will require flood plain filling. Tree masses are shown on the plan which need further detail to show size and location of the trees, including approximately 25 landmark trees. The tree preservation zone needs to be indicated on the preliI11inary plat, final plat and construction drawings. Staff is recommending approval of this Preliminary Development Plan for rezoning to the PUD District as part of Muirfield Village with the following conditions: I) That the subdivision be redesigned and resubmitted to reduce the number of lots along the Paglieri property line; 2) That a tree survey showing trees six inches in caliper or greater be submitted and that ~ the location of utilities be redesigned if necessary to minimize the destruction of significant trees, and that the definition of trees preservation zones be indicated on all -I plats and construction drawings. 3) That the bikepath bridge be located outside of the floodway and in compliance with all applicable flood hazard regulations, and that the bikepath termini be redesigned subject to Staff approval; 4) That the site be accepted by the Muirfield Association, and developed as a phase of Muirfield; 5) That pavement widths be a minimum of 28 feet (measured back to back) with curb and ..< gutter, and that no-parking zones be designated along one side of the streets, as approved by the City Engineer, and that any proposed cul-de-sacs differing from the City Standard be approved by the same; 6) That 40 feet of right-of-way from centerline be dedicated along Brand Road and 30 feet from centerline along Avery Road, consistent with the Community Plan; 7) That left-turn stacking be provided on Avery Road at the entrance to the development, as approved by the City Engineer; ~ ,~' "~'~''',-,",''~~ - ^ 1 f' "'1 f Dublin Planning and Zoning Commission Meeting Minutes - December 2, 1993 Page 7 8) That the 24-inch sanitary sewer be extended from Dublinshire Drive to the west boundary of this development, the location to be approved by the City Engineer prior to submitting construction drawings; 9) That floodway, floodway plus 20 feet area and the 100-year floodplain be shown on all plans and plats; 10) That the stormwater management for the development conform to Dublin City standards, including the grading of the ponds at Brand Road, and that easements are provided for utilities and storm water management areas outside rights-of-way; 11) That blasting not be used for the construction of utilities or for home construction; 12) That the applicant submit a plan for street trees, an entry feature landscape plan, a buffer landscape plan and landscaping for the Brand Road ponds as approved by Staff; 13) That the open space be deeded to the Muirfield Village Association at time of Final Plat; 14) That the Indian Run stream bed be cleared of debris to the satisfaction of the City Fngineer; IS) That the ditch along Brand Road and A very Road be improved to the satisfaction of the City Engineer; 16) That sidewalks be installed except as waived by City Council; and 17) That street lighting be provided at both entries. Ms. Newcomb noted that a letter from Mr. Paglieri, which outlines his concerns, was distributed to the Commission. Rob Meyer, representing the applicant, stated that many compromises had been made with Staff. He said there are several conditions (specifically, I, 2, 3, 5, 8, 11, and 16) with which the applicant did not agree. He said they agreed to provide landscaping along the Paglieri property with respect to condition #1, the Concept Plan had the reduction. On the second condition, the applicant opposes a tree survey. Keith Myers stated his concern with street design and width. He read from a book, Residential Streets, by the American Society of Civil Engineers. He emphasized that street design is an important component of overall residential community design. He said excessive widths of streets should be avoided for residential areas. He pointed out that they had not found any 28- foot streets with no parking on one side in Dublin. Most of the streets in Dublin have been developed at 26 feet, 24 feet in Muirfield - neither with parking restrictions. Muirfield has asked that islands be included in the cul-de-sacs and the applicant agrees. He is concerned however, about too much pavement. Catherine Headlee expressed concern about landscaping and water run-off. She requested that "no trespassing" signs be posted on her lot line by Muirfield Association to limit trespassers. She asked for a written commitment that her well be re-drilled if damaged with the ample supply of water she now has. Ralph Paglieri, 8000 Avery Road, asked for a 30-foot tree preservation zone, a reduction in abutting lots, and new mounding and evergreen trees along his property. He also discussed eliminating floodplain lots and requiring wet ponds and utility hook ups for his property. - Dublin Planning and Zoning Commission Meeting Minutes - December 2, 1993 Page 8 John Imes, 8065 Holyrood Court, liked the larger lots and the bridge across the stream. He feels there are too many houses on both sides of the road. His main concern is the storm water run-off onto the west side of Holyrood Court. He requested a buffer zone with a 40-foot setback from their property lines. Larry Holbrook, Manager of the Muirfield Association, said the Association accepted the plan at their November meeting. One of their concerns is the pathway connecting the lots on the south side. The trustees would like to see this plan developed consistent with Muirfield, no ~ sidewalks, wet ponds, etc. , J Sherry Young, 8005 Holyrood Court, expressed concern about tree preservation. She is concerned that the street is too narrow for parking on both sides and safety vehicles. John Reiner, President, Muirfield Board of Trustees, stated they would like Muirfield to be finished out with green islands and that they fully support the plan. Mr. Massey agreed to landscape to Mrs. Headlee's satisfaction as part of the plan. Regarding the well, if there is a problem, he will extend the water line to her property. He will warranty it for a year after the approval from the City of the water and sewer development. Dave Hussey, engineer for the project, explained that the storm water basin beside lot #33 is intended to be a wet basin. The two small basins adjacent to Brand Road are not intended to have Water in them all the time, rather they are only shallow, grass detention basins which will only be about three feet deep at the deepest spot. The look like grassy areas, not ponds. Mr. Kindra said that Dublin's cul-de-sac standards are the minimum standards. This is based on the minimum planting area without encroaching on curbs, but it does not say that it cannot be exceeded. Several Commission members still questioned the size of the total cul-de-sac. Mr. Rauh expressed concern about the number of lots and tree preservation. Mr. Meyer ~ disagreed with condition #1 regarding the number of lots. He said they would stay away from J the larger trees. Chief Bostic, Washington Township Fire Department, expressed concern about the size of the cul-de-sac regarding maneuvering lifelsafety vehicles around them. Mr. Meyer stated that their cul-de-sacs do meet the specifications of the City Engineer and show 14-foot islands. Ms. Newcomb pointed out that one of the conditions of approval of the Concept Plan was that the developer address the concerns of the Paglieri property to the west regarding a more imaginative layout from Avery Road. Ms. Clarke said the bikepath bridge shown is entirely in the floodway. In order to comply with regulations, it has to be a larger span. Mr. Meyer said they will attempt to comply with FEMA regulations. -. ..~...-...-<-~," Dublin Planning and Zoning Commission Meeting Minutes - December 2, 1993 Page 9 Mr. Kindra said the current Code is 32-foot street width back to back and the City, in the recent past, has consistently suggested 28-foot street width with some parking restrictions. He stressed consistency in not deviating from the standard. Mr. Meyer agreed to work with the City Engineer's office. Mr. Meyer agreed to get Staff approval for each lot individually if blasting is necessary. Regarding sidewalks, Mr. Meyer will request a waiver from City Council. "-' Ms. Clarke and Mr. Meyer discussed the tree survey issue. She restated that one should be done for trees 6 inches in diameter and larger, as is typically required in a planned district. He did not agree that it was necessary. Ms. Clarke suggested that condition #3 be rewritten to say, "That the bikepath bridge be relocated to comply with all applicable flood hazard regulations subject to approval of the City Engineer, and that the bikepath termini be redesigned subject to Staff approval". Mr. Sutphen made a motion to approve this case with the following conditions: 1) That the subdivision will have a 30-foot mound, with evergreen trees planted 15 feet on center and staggered, along the Paglieri property line; 2) That the developer submit a tree survey showing all landmark trees and that the location of utilities be field verified and redesigned if necessary to minimize the destruction of significant trees, and that the definition of tree preservation zones be indicated on all plats and construction drawings; 3) That the bikepath bridge be located so that it complies with all applicable flood hazard regulations subject to approval of City Engineer; 4) That the site be accepted by the Muirfield Association, and developed as a phase of Muirfield; 5) That pavement widths be a minimum of 28 feet (measured back to back) with curb and ""',if gutter, and that no-parking zones be designated along one side of the streets, as approved by the City Engineer, and that any proposed cul-de-sacs differing from the City Standard be approved by the same; 6) That 40 feet of right-of-way from centerline be dedicated along Brand Road and 30 feet from centerline along Avery Road, consistent with the Community Plan; 7) That left turn stacking be provided on A very Road at the entrance to the development, as approved by the City Engineer; 8) That the 24-inch sanitary sewer be extended from Dublinshire Drive to the west boundary of this development, the location to be approved by the City Engineer prior to submitting construction drawings; 9) That floodway, flood way plus 20 feet area and the lOO-year floodplain be shown on all plans and plats; 10) That the storm water management for the development conform to Dublin City standards, including the grading of the ponds at Brand Road, and that easements are provided for utilities and stormwater management areas outside rights-of-way; Ar.MtI.. Dublin Planning and Zoning Commission Meeting Minutes - DeCember 2, 1993 Page 10 11) That blasting be permitted on a lot by lot basis for the construction of utilities or home construction subject to approval of the City Engineer, Chief Building Official, and Fire Chief; 12) That the applicant submit a plan for street trees, an entry feature landscape plan, a buffer landscape plan and landscaping for the Brand Road ponds as approved by Staff; 13) That the open space be deeded to the Muirfield Village Association at time of Final Plat; 14) That the Indian Run stream bed be cleared of debris to the satisfaction of the City ~ Engineer; 15) That the ditch along Brand Road and A very Road be improved to the satisfaction of the ~ J j City Engineer; 16) That the sidewalks be installed except as waived by City Council; 17) That street lighting be provided at both entries; 18) That the island radii be worked out with the City Engineer trying to maximize greenspace in the center; 19) That the Headlees' well be replaced if damaged within one year after the streets and utilities are accepted by the City; 20) That no trespassing signs be installed by the Muirfield Association along Headlees' property line; and 21) That continuous landscaping along the Headlees' west property line be installed as agreeable with the property owner. The applicant agreed to alJ of the above conditions. Mr. Rauh seconded the motion. The vote was as follows: Mr. Fishman, abstain; Mr. Manus, yes; Mr. Peplow, yes; Mr. Rauh, yes; Mrs. Stillwell, yes; and Mr. Sutphen, yes. (Approved with conditions 5-0-1.) 3. Final Plat - ublinshire 6 ~ ~ F _. Tom Rubey pr ented slides and this req;:r: r approval of a Final Plat ...; lots and 0.6 acres of park to be located 9.99 acres. The site is zon. PLR, Planned Low Density R idential District. This appli ion was tabled without disc Ion September 9, 1993. Approxi ately one acre of the site s located on the north sid of Dublinshire Drive, the remai er is on the south side. ere is a substantial tree line at runs along the south, ea~. and orth property lines. The e is to be a bikepath tunn located under Muirfield Dri e. B . ding permits for the lo~~rth of Dublinshire will not e issued until the improveme for . ublinshire 6 and 7 have-been approved and accepted In order to incorporate all th public improvements on both si&s of Dublinshire Drive, dditional5 feet of right-of-wa .s needed. Two walkway easem~nts have been shown 0 the Final Plat, one on the rth side of Dublinshire Drive 16 give .access to tunnel un r Muirfield Drive, the other 0 the south side. A new conditionA;as been added to require at the bikepath be curved or e changed subject / to Staff approval to maintain the Muirfie landscape consistency. Addi. nally, it is requested that the bikep~th be widened to l~. and designated as bikeway ea ments on the Final Plat. 10hntimm Court is the only access t the subdivision. Council =ed an ordinance requiring all cul-de-sacs greater than 300 feet in length to have a landsca . island. A landscape plan for I A\ ,-~-~~~". IL-],- -~. ~ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meet~g_ ~~'(!o~ ..LU}~ !!tt:!~!'_f~~1.I~Nf!::I~!"!! HeIn September 20, 1993 19 ...-.. -- --- -,.-.- . . - - -.. .- - .-----. -. -- -+-- ... -- -- - - -----.,.. - -.- -- n_ nd reading at the October 4 Council meeting. Resolution N ] 6-93 - A Resolution Endor g State Issue 1 Which Authorizes the State to Issue Bonds o be Retired from General SI e Rel'enues, to Finance Cn al Improvements for Stnte nnd I Pnrks nnd Recreation A s, to Preserve Ohio's Nat I Areas nnd Habitats, and to P mote Health nnd Safety th ugh Flood Control, Polluti Prevention nnd Water Quality' mprol'ement. (First Readi Mr. orose introduced the Resol n. Mrs ing stated that State Issue s a bond issue to be voted up In November to ask the public to authorize the state to issue b s, primarily to maintain the st park system, with some ding for dam safety and for ac sition of natural areas. So funds would also be ear arked specifically for local gover ents. In addition, if the state as this constant source of ds, the state would be more Iikel to provide 100 percent of ~he I a and water conservation fu s to local communities. She has ISCUSSed this with the ODNR. early, passage of this bond sue would give local governme 20 percent of the bond issue ds and the City of Dublin Id apply for them. In addition, aJ governments throughout Oh' would be likely to get 10011 cent of the land and water conse ion funds. It is also a priorit f Council, as outlined in t goals, to acquire additional land r active parks, and this waul elp to achieve that goal. re are no new taxes involved with is State Issue. There will a secon.9 reading of the res ~ Other Concept Plan - Lochmuir Ms. Newcomb stated that this is a concept plan for 44.356 acres on the north side of Brand Road, east of Avery Road. There will be 75 lots with 10.99 acres of dedicated open space. It was reviewed by Planning Commission in conjunction with another section called, .Shannon Glen" - an 81.99 acre site, but that portion of the project was tabled by P&Z on August 5. The concept plan for Lochmuir was approved by P&Z. She showed slides of the site and surrounding area and comments as follows: - The density will be 1.69 dwelling units per acre. The subdivision is expected to become another phase in the Muirfield Village PUD. It will function in two parts: the area to the south of Indian Run will likely be a single-loaded private street and the northern area will have access through a non-Muirfield parcel on Avery Road. - The open space dedication is proposed along Brand Road and adjacent to the north fork of Indian Run. It will be added to the Muirfield Association private open space. The Parks & Recreation Committee has voted to support this proposed open space, if the subdivision does become part of the Muirfield Village system. If it does not, the open space proposal will have to be re-examined as part of the Dublin public parks system. - Local residents have stated that a landfill may exist north of the north fork of Indian Run. as the general area was previously a livestock holding pen. Further attention to this issue is advised. - The north fork of Indian Run bisects the site, and the flood plain has been delineated; however, floodway information is needed on the plan and will require further study. Filling within the flood plain will require an engineering study approved by the city on the effects of the flood plain filling on the tributary boundary and downstream areas. - Sanitary sewer is currently unavailable to the site; it must be provided from an extension of an existing 24-inch sanitary trunk located on the north side of Dublinshire Drive, approximately 500 feet east of Muirfield Drive. The developer should identify its location, .- design and cost-sharing issues at the time of preliminary development plan. , - The necessity for turn lanes at intersections with Brand and A very will have to be addressed, I and the locations of new intersections should be coordinated to maximize traffic safety. - Stormwater management should conform to the City of Dublin standards and should include coordination with adjacent developments. Areas for stormwater management need to be identified. - The Community Plan requires a right-<lf-way of 60 feet along A very Road and 80 feet along Brand Road. Typically, developments along Brand have provided up to a 200 foot no-build zone adjacent to the road. On August 5, Planning Commission voted to approve the plan with II conditions: 1. That floodway and flood plain boundaries be accurately shown on all plat, planning, building permit, and engineering documents and that all City codes be met regarding flood ways and flood plains; !I 2. That right-<lf-way along Avery Road - 30 feet from centerline - and Brand Road - 40 feet !: ,~ :' j. ..~.". RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting - ------- -11- -".,. ","--"""- ""... ""=..L - - -- Helti September 20, 1993 19 -- ----- -- . -- -- _.. ..-. -.. - ----- - _. .---- ~ . - ----- -- ... from centerline be dedicated to comply with the Community Plan; 3. That traffic study issues be addressed to the satisfaction of the City Engineer; 4. That all utilities, street intersections, and cul-de-sacs be designed and installed as approved by the City Engineer; 5. That the applicant submit provisions for tree preservation, a plan for street trees, and entry ~ feature landscape plan, as approved by staff; 6. That the proposed open space along Brand Road be enlarged and designated as a 200 foot no-build zone and be subject to the same architectural review, deed restrictions and amenity J package as the balance of Muirfield Village, and be indicated on the plat; 7. That the site be included within the area controlled by the Muirfield Association and can be developed as a phase of Muirtield; 8. That the issues of detention, stream and woods preservation, and landfill removal be resolved at the preliminary development plan; 9. That the open space be deeded to the Association at the time of tinal plat; 10. That the developer work with the property owner to the east, Headlee, to provide appropriate mounding and screening along their property; and 11. That the developer address the concerns of the property owner to the west, Paglieri, regarding a more imaginative layout from Avery Road. Rob Meyer. 41 S. Hil?h Street. stated that he represents the applicant, Midwest Land Fund, Inc. and Muirloch Realty, Inc., Erwin and Erwin, and Shawnee Hills Land Company. Accompanying him is Bruce Massa. Keith Myers who prepared the plan could not attend tonight. He stated that they are in agreement with all of the conditions as stated by Ms. Newcomb. Mr. Meyer confirmed for Mayor Rozanski that the one portion of the plan on the western edge was not part of the original Muirfield Village PUD. Mr. Meyer also confirmed that they will build a r' . bikepath over the north fork of Indian Run. , I Mr. Campbell noted that an ongoing concern with plans proposed in this area has been the interrelation of the structures to the road and the creek - specitically in the area to the west of the Headlee property. He asked if this configuration provides enough depth from the road before infringing upon the flood plain. Mr. Meyer confirmed that there will be adequate space, but the configuration will change slightly to meet the condition with respect to 200 feet off of Brand Road. ~. Mr. Campbell added that on the north side of the creek, the same concerns were raised regarding '" the homes which would back up to tbe creek. Some of the Muirfield residents to the east share these .. ~ concerns, and the applicant should address these. He believes the concept plan overall is a good ....... one. Mrs. King commented that any change of land use has some impact on the city. She wondered what commitments/contributions will be made with this project to the infrastructure of the city. Mr. Meyer responded that the improvement of the site itself with the open space will serve the interests of the city. They have agreed to address the need for access in the next phase of the development process. Mrs. King added that it is an appropriate land use and she is comfortable with the density. She will seek input from the Muirfield Association. She urged the applicant to adhere to sediment control requirements with the development along the creek. !--.. Mayor Rozanski asked for more information about sewer services. I Mr. Massa stated that they have a contract with Shawnee Hills Land Company. That company has , plans to run the sewer line from the Dublinshire 24-inch trunk. Mr. Foegler stated that the issue of financing the crossing under Muirtield Drive has been discussed as part of the court settlement on some of the Muirtield appropriation cases. The issue of alignment of sewer has not been addressed nor approved by staff at this time. He believes there is a workable solution once the 24-inch trunk is extended. Mr. Kranstuber noted that this plan is drastically improved from some of the earlier concept plans reviewed, especially in the area south of the creek. Mr. Amorose commented that if there needs to be any repair to the creek to facilitate proper drainage, it should be done at the time of construction. There are some existing problems with sedimentation and blockage. He requested that the City Engineer look at the creek and make a recommendation. " -.. !i .: "-~~ .. ....._,_.~-----....~~ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting ~rr!2~..!.ut.."L...!~~~~2..Y2~"'~~C;C~~I~ . - ReIn September 20, 1993 19_ .. .... --. -.-- ~-- - .--.- ._ ~_ ___._ ~___ .._. n_..___._.___._._~_ ,.__,._~_.~_____,____'..n_____ ___ Ms. Newcomb added that the Muirfield Association trustees reviewed the plans in July. Their concerns included the bikepath system, 90-foot lots precluding side-loaded garages, the flood issues, retention basins, and that the open space be conveyed to the Association. Mr. Kranstuber moved approval of the concept plan with all conditions. Mr. Campbell seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. ......... in Rond POO 'ed slides and described e site and surrounding area. The subject site is approximate 15 acres situated betwee Martin Road and Stoneridge L which is under constructi . She noted the following: - IS site was before Council i 989 when Council approved a co etirement center with three Ice condominiums, outdoor fitness to seniors. The density of at project was 16.5 units per acre. This proposal is for 160 ti-family units with an overall den . y of 10.8 dwelling units per acre. It is geared tow d senior housinp. but not limited that group. The proposal includes 128 apartme units as well as 32 wndominiums. - The previous propo had access only along Stonerid Lane. This proposal includes somewhat of a dir link between Stoneridge Lane at north through to Martin Road at the south. - The parkland Ii the site is shown as 2.1 acres, the requirement is 3.7 acres. proposal incl es a 1.1 acre site within the middl f the condominium development 1 acre porti along the southwest corner of the te, including a retention pond. serious c cerns about the limitation of pub!" park areas east of the Scioto believe dditional amenities and a pedestria irculation system is needed her - Over ,staff believes multi-family use is ropriate as a transitional land Sta elieves this site makes a prime, se r-type location, offering acces b): eniors. - nning Commission heard this case residents attended e meeting. They expressed con ns about traffic along Marti oad. The applicant indicated that a traffic study was ng commissioned to address t proposed access along Martin Road. ning Commission recommended pro val of the plan with 9 con . ons: That the density not exce Ight dwelling units per acre; That an adequate text b rovided with coordinated arc ecture and compatible building materials with the pr inant material being brick or one; That the lot covera eet the Code requirement an ot exceed 70 percent of the overall area; 4. That vehicular 5. That the land ping Code be met with this P. Ject, including an appropriate buffer along the west pr erty line; I 6. That the plicant provide an adequate I satisfa n of staff; 7. That appropriate level of recreati I space be provided to the satisfaction 8. Th 30 feet from centerline on M In Road be dedicated; 9. at the roadway base, curbs, a gutters meet the City engineering st3 Ms. Jordan stated that discussions h e taken place about the location of the etention basin on this plan. Staff explained to the app!" nt that the space of the volumes th would be used for the stann water capacity could not figured into the calculations for the P. land. If it is marketed to seniors, the site would need e improved with amenities such as utting green, etc. There was also a concern out the buffer between the resident the west. Staff looked at the possibility of bringing t parkland down the west side of the oject to incorporate the bikepath. Mr. Kranstuber ask for staffs recommendation on the sity. Ms. Fierce stated at staff had recommended to P&Z t the density be reduced to the 8 dwelling units per acre tained in the conditions. Mayor Rozanski asked about the requirements for parkland dedication. Staff responded that the requirement would be 3.7 acres for the proposed density of 10.8 dwelling units per acre. Ms. Jord:m commented that staff is requesting that the plan be redesigned to meet ! ! q ~- i'~S SUBMITTED TO COUNClt r ,I ) ?~ FOR MEETlNG ON 1, 2[b ') I . - .. . . RECORD OF ACTION DUBLlN PL~'\1\1N"G A.l~1) ZO!\'lNG CO~fMJSSION AVGUST 5, 1993 .~ 11 -J The Planning and Zoning Commission took the following action on the application below at its regular meeting: 9. Concept Plan - Shannon Glen/Lochmuir Location: 126.34 acres situated on both sides of Avery Road. . Shannon Glen is 81.99 acres located on the northwest corner of Avery and Brand Roads. Lochmuir is 44.356 acres located on the north side of Brand Road, approximately 250 feet to the east of A very Road and including frontage on A very Road approximately 450 feet north of the Brand Road intersection. Existing Zoning: R-I, Restricted Suburban Residential Di strict. Request: Review and approval of Concept Plan under the PUD provisions of Section 1181.07. Proposed Use: Shannon Glen: 188 single-family lots with 14.2 acres of open space; Lochmuir: 75 single-family lots with 10.99 acres of open space. Applicant: Midwest Land Fund, Inc. clo Robert A. Meyer, Jr., Porter, Wright, Morris and Arthur, 41 South High Street, Columbus, OH 43215-3406, and Muirloch Realty Inc. c/o Theodore L. Lenker and Richard J. Kondas, 6189 :Memorial Drive, Dublin, Ohio ~ 43017, Erv.'in and Erwin clo Anna M. Erwin, 100 Fourth Street NW, PO Box 328, Catawba, NC 28609, and Shawnee Hills Land Company, c/o Ronald Scherer, 5131 Post J ;" Road, Dublin, OH 43017. :MOTION #1: To approve the Lochmuir Concept Plan with the following eleven conditions: 1) That flood way and floodplain boundaries be accurately shown on all plat, planning, building permit, and engineering documents and that all City codes be met regarding floodways and floodplains; 2) That right-of-way along A very Road (30 feet from centerline) and Brand Road (40 feet from centerline) be dedicated to comply with the Community Plan; 3) That traffic study issues be addressed to the satisfaction of the City Engineer; 4) That all utilities, street intersections, and cul-de-sacs, be designed and inst.a1led as approved by the City Engineer; 5) That the applicant submit provisions for tree preservation, a plan for street trees, and entry feature landscape plan, as approved by Staff; Rezoning Application Page I of 2 Z93-015 Lochmuir History ~. ""'""'~""-~ "'~~.". ~, ......-.._.~_._._.^.~~~--""""'.~ Planing and Zoning Commission Record of Action - August 5, 1993 Concept Plan - Shannon Glen/Lochmuir Conditions (Continued) 6) That the proposed open space along Brand Road be enlarged and designated as a 200-foot no build zone be subject to the same architectural review, deed restrictions and amenity package as the balance of Muirfield Village, and be indicated on the plat; 7) That the site be included within the area controlled by the 11uirfield Association, and can be developed as a phase of Muirfield; ..r- 8) That the issues of detention, stream and woods preservation, land fill removal, be resolved at the Preliminary Development Plan; ,--. 9) That the open space be deeded to the Association at the time of Final Plat; 10) That the developer work with the property owner to the east (Headlee) to provide appropriate mounding and screening along their property; and 11) That the developer address the concerns of the property owner to the west (Paglieri) regarding a more imaginative layout from Avery Road. * Keith Myers agreed to the above conditions. VOTE: 5-0-1 RESu'L T: This Concept Plan was approved. This Concept Plan will be referred to City Council for its review. l\10TION #2: To table the Shannon Glen Concept Plan for further revisions. VOTE: 6-0. ,- RESULT: This Concept Plan was tabled until a later date, pending changes in the proposal by the applicant. STAFF CERTIDCATION: ~~~N~~~~ Graduate Landscape Architect Rezoning Application Z93-015 Page 2 of 2 Lochmuir History Dublin Pbnning 21ld ZOlling COI11I11issiol1 Meeling ]\-1inules - August 5, 1993 Page 14 ~. Concept Plan - Shannon GlenJLochmuir Mary Newcomb presented this case and sEdes of the area. The site is 126.346 acres lOCGted on the east and west sides of Avery Road, nonh of Brand Road. This Concept Plan includes two developments totalling 263 single-family dwelling units and 25.2 acres of parkland. The Shannon Glen proposc...l is 10c2ted 2t the nonhwest corner of Avery Road and Brand Road. ~ Lochmuir is located to the nonheast of ,f,e Brand/Avery intersection, with access from both streets. A Concept PJ;:';1 was approved e.uEer this year fer "Erv.in \Vest" th2t wraps around the -J site. Currently, the site is farmed wi,h L-ees along a tributary of Indian Run and fence rows. The two developmerJts \I.-ere considered independently. The Sh2.J'lnOn Glen site is 81.99 2cres located on ,he nonh',,'est corner of Br2,nd c.nd A very Roads. The proposal is for 188 single- family lots and 14.2 acres of dedic2te.d park, with a gross density of 2.29 units per acre. The lots are 75 feet by 130 feet and are laid 0'..;1 in a grid pattern. The lots along A very and Brand Road are oriented 50 that the sides of the houses will be facing the exterior road. The puce! is bisected diagonally by a tributary of the ~onh Fork of Indian Run. HaJf of the lots will have access from Brand ROed and hai f from A very Road. These will function as two independent neighborhoods, united only by the centrc...l park area. The required parkland dedication for Shannon Glen is 14.2 acres, the total open space requirement for both projects is 17 acres. The parkJand is proposed 2.long the tribut.2.ry and in a 100-foot band along Brand Road. 1\fs. Newcomb stated that the Community Plan indic2.tes that development west of A very Road is to be residential with a maximum density of two units per acre. To comply with this de::sity, 22 units would have to be eliminated from this plan. The PIa., also shows a bikepath on the west side of A very ROed. The Lochmuir parcel is 44.356 acres near the nonheast corner of Brand and Avery Roads, including an area previously reviewed as Muirfield Phase 44 and as the proposed 1\1axster North ~ Concept Plan. The proposal includes 75 single-family dwelling units and 10.99 acres of park. -I The density is 1.69 dwelling units per acre. The Nonh Fork of Indian Run bisects the site. The subdivision is expected to become another phase in the Muirfield Village PUD. The open space dedication is proposed 2.1ong BrcJld Road and adjacent to the Nonh Fork of Indian Run, and this would be added to the Muirfield Association's private open space system. If, for any reason, this development does not become part of the 1\fuirfield system, the open space (then public) proposal will need to be re-examined. Several residents have stated that a landfill may exist nonh of the Nonh Fork, and there W2.S a livestock pen there as well. There may be large quantities of organic m2.tter present in the subsoil. This matter needs funher attention. Floodway information is needed on the plan and wi1l require further study. Filling within the floodplain will require 2.Jl engineering study of the effects on downstream areas. Sanitary sewer is currently unavailable to the site, needing the extension of a 24-inch sanitary trunk located along Dublinshire Drive. ~ I) Rezoning Application Z93-015 Lochmuir Historv ~ 1) lJ b : j 11 F]:lll ) 1 i I1 <1 ;111 d Z 0 11 j I) g C (, mill is 5 i (i~1- b Meeting Minutes - Augu5t 5, 1993 Page J 5 The pJ2cement of new intersections c.nd tf.e need for left-turn Jc.nes should also be addressed. The location of new intersections needs to be coordinated to maximize flow traffic onto both Br21id Road and the side\vaJks. SidewaJks \l,'ill be required on aJl streets, including Bri?.;1d end Avery Roads. Stormwc.ter m2J1agement ne.e.ds to conform to Dublin standards. The Community Plan requires a right-of-way of 60 feet c.Jong Avery Road c.nd 80 feet along Br21id ROed. Previous developments along Brc..nd ROed have provided up to 200 feet of no-build zones adjacent to the rOed. St2.ff feels there are se\'ercJ issues to be resolved with the Sh2.nnon Glen Concept Ple..,1, 2....1d it is not ready to fonl,'<?rd to Council. These include the density, setback, rOedway conJje.c:ions, ",-. floodway consider2.1:or,s, c.nd open Spece considerc.tions. The Lochmuir portion of the de\'eJopme:-.t is more refined and Staff supports it wit:' the following nine conditio:-iS: 1) That floodwey 2....1d floodpJc.i:1 bou;,,;caries be accurately shown on an plc.t, plc.nr.ing, building permit, c.nd engi;;eering documents c.nd thc.t all City codes be met regarding floodv.'ays 2.;1d !loodplains; 2) . That right-of-w2.Y aJong A very R02.d (30 feet from centerline) and Brand Road (40 feet from centerline) be dedic2.ted to cOiTlply \\'ith the Community Plan; 3) That trc.ffic study issues be addressed to the satisfaction of the City Engineer; 4) That all utilities, street intersectio;;s, c.nd cul-de-sacs, be designed and inst2.lJe.d as approved by the City Engineer; 5) That the applicant submit provisior:s for tree preservation, a plan for street trees, and entry feature landscape pJc...1, as approved by Staff; 6) That the pro?osed open space aJong Brand Road be enlarged and designated as a ~OO-foot no build lone to be subject to the same architectural review, deed restrictions aJ'ld amenity pack2ge as the balance of ~fuirfield Village, c.nd be so indicated on the plat; 7) That the site be included within the area controlled by the :Muirfield Association, a..1d can be developed as a phase of Muirfield; 8) That the issues of detention, stream c..."1d woodspreser\'ation, and land fill removal, be resolved at the Preliminary Development Plan; and 9) That the open space be deeded to the Association at the time of Final Plat. Three letters regarding the development were presented to the Commission. None opposed the development entirely, but expressed concern s. A letter from John and Sally Imes, 8065 Holyrood Court expressed concerns regarding the open space, the layout of Shannon Glen, and the lot siz.es. A Jetter received from Craig c.nd Mary Kelley, 8068 Holyrood Court indicated they had concerns including the traffic, design guidelines, architectural review, and lot sizes. Catherine Humburg, i509 Brand R02.d indicated she is concemed 2.bout preserving the 2.mbic.JlCe of Brand Road, preser\'Hion of trees, density, open space, flooc',l.'ay issues, c...1d possibly h2..ving a left-turn lane on her property. Keith Myers, 529 North Park Street, Columbus, representing the applicant, presented the Concept Plan. The most significc...1t feature is the North Fork of Indian Run which bisects the site and permits two neighborhoods, both designed in a character similar to Muirfield Village, Rezoning Application Z93-015 Lochmuir History Dllblin PJallllillg :ll1d ZOllillg COI11111;S5ic,:1 Meeting Minufes - Augu~t 5, 1993 Page 16 with reasonably sized lots. The lot sizes in Lochmuir are 90-100 feet. The lot depths on Holyrood Court were very shallow, in mc,f1Y cases only 120 feet deep. In order to provide adequate separation, the lots match, or exceed, the existing lot widths on Holyrood Court and have additional depth. The Indian Run separates the two Lochmuir neighborhoods. On the BrarJd Road side they cre.ated larger lots cJong a single-loaded street, arJd the central Jots c.re 140 feet back from the centerline of Brand Rec.d to fit with the existing development. The single-loaded street has very large lots backing up to the Indian Run. The lots c.t the entra.nce are the largest ones in order to rlcl? est2blish the character of the neighborhood. They tried to be sensitive to Bra.nd R02d and the houses on Holyrood Court. ~ Catherin Headlee, 7340 Brand R02d, fe:t thc.t both Shannon Glen c.nd Lochmuir should be """'" examined together. She wc.s glad th2t ten acres would be dedicated open space. The:-e is a rloodplain from above the Ef\l,'in 'subd;vis:on tha runs around into the other deveJopmer.t. She said a developer h2d dug a pond next to her house without c.ny approvals c.nd nothing W2S done about it. ~ow the jlood w2ter comes into r.er drivew2Y. The W2.ter from A very Road does not corne down the Indic..n Run. Tr,ere is a 12-i:ich tile. that a contrc.ctor cut-off when the wc.:erline W2.S inst2.Jled along Bra.nd Road, as wen 2S the pond dug in the center of this developmentthree or four years ago. ~ow the tile comes through her yard. There is no retention pond a.n)'where. Ms. He.adlee st2.ted that the proposed numoer of lots W2S too high because of the size of the site arJd rloodir:g. She cautioned that there is a S28,OOO Oak tree that is located where a house is plc.nned. She feels there should be conceIT;S about Lochmuir in conjunction with Ern'in West. She explained the dr2inage for are.as to the west of A very Road. She is not a part of the Muirfield Association, and her property ;s still zoned R-l. She is concerned with flooding and maint2.ining the condition of her well, and she suggested that the developer post a bond. Blue rock is a problem along the Nonh Fork of Indic..n Run. She would like to have landscaped mounding, comparable to wh2t she has, along her entire property line. She indicated that all of the trees shown are on her property. Sherry Young, 8005 Holyrood Court, said she appreciates the fact that the plan ret2..ins the ~ wooded area, and that this is a planned phase of Muirfie1d.' The residents of Holyrood are concerned about the 90 to 100-foot lots which are part of this plGJl. She wondered how so many ..J homes could fit on the property. She read a letter from other residents of Holyrood Court who were not able to attend the meeting. Drainage, especially from Phase 44, is a concern to them. Residents are concerned about b2sement flooding. There is less than one acre of wetland behind their homes. Open space and buffer zones are also concerns because the west-side residents have shallow lots. They would like to h2ve a buffer zone between their homes and the proposed Phase 44 of Muirfield. Other concerns are bike path access and a no-build zone between their homes and those in Phase 44. Larry Holbrook, reported that the MuirfieJd Association Trustees reviewed the preliminary pla..-l in July. Their concerns include bikepc.th systems, 90-foot lots precluding side-loading garages, flood waters, retention basins, and thc.t open space be conveyed to the Muirfield Association with all landscaping in place, prior to the initial lot sale. Rezoning Application Z93-015 Lochmuir Historv . "'" .'~".'>""-~- _ N"'~~_~'~_'.."~_~."-''''''_' Dublin PI;1I1I1illg :Jlld lOlling COl11l11issiG;l 1\feeiing Minu!es - August 5, 1993 Page 17 Ralph PagJieri, 8000 Avery Road, agre.e.:i with the previous comments, especially ;:.bout the flooding. It is a serious problem in his fro,Jt yard four or five times a year. He sajd he was led to believe that there might be a la.1-(e as a buffer, or six to eight houses facing his. He is very upset about the 16 houses being put onto 6-1/2 acres. The surrounding lot size is one house per 3 acres. He is willing to work with the developer, and suggested mounding and landscc.ping, or a winding road. Bruce Massa, denloper, sc.id the bike Pc.t1 runs around the pond. The propos21 is to hcse it ,-. cut through to the existing bike pc.th. T~ie existing street area in the center would be used because of the reduced traffic. On the SOL:lriern pm of the site, there is a bike path going down ~ through the trees, a bridge will be built acoss the Nonh Fork, and it will connect alllhe houses th;:.t front on Brand Road from the re.2.I. Keith ~fyers sc.id when lhey come back fer preliminc.ry plc.t, trJe oak tree cited and other luge trees v,'ill be identified. If they have to c.cj1,;st a lot line, they will do so. Dan Sutphen asked if there was a Iloodpl23:1 in the EI"\l,'in West property. Also, he asked if 1hey remembered the developer saying thc.t they would do c.nything it t2.kes to make sure the houses do not get 1100ded. Mary Newcomb stc.ted that the tribut2.ry tc.s not been studied for charting the floodway. Dan Sutphen alerted Staff about flooding here and to the west. If the houses in Erwin West were allowed to be built, they may flood. Lot 46 a...1d the lot next to that appear to be lo~s on which houses could be !looded. It h2.s already happened downstream, and --::.ay happ'::':l upstream. \\11en Council approved these three lots, everybody sc.id that water had never been there. He does not want to do that agc.in. If the tree Mrs. H~dJee mentioned is as big 2.S he believes it is, it needs to be saved. Screening between lots, making Jess Jots (along P2.glieri), or m2.king the lots wider would be in the best interest of everybody because it will make his -, property and the development look better. Judy Stillwell sajd that, typically, along Brand Road there has been a 200-foot no-build zone and that does not appear to be what is on this plan. Bruce Massa stated their development is not closer to Brand Road than the property on the corner or Mrs. Headlee's property. He understands it was 140 feet. If 200 feet is required for approval of their plan, they would incre2se the setback. Judi Stillwell sc.id that the setback needed to be increased. George Peplow s8d that the greenspace in Lochmuir does not consider Mr. Paglieri's site well. He realizes that the developer is trying to get off Brand Road and that the stream is a consideration, but Mr. Paglieri is of concern to him. Bruce Massa stated he is trying to make the lots deeper that b2.ck up to the Holyrood Court residences because they have shallow lots. He said he spoke to Ralph Paglieri, previously and Rezoning Application Z93-015 Lochmuir "'" History Dublin PI:1l1ning 211d Z0l1il1g COl11l11ission Meeting l",linu!es . ..~ugu5t 5, 1993 Page 18 showed him two plans prepared before he received a property survey. Once the survey showed the property was \vide enough for a doub~e-]oaded street, he asked Keith Myers to redesign the plan and called Ralph Paglieri. He sajd th;:t he will attempt to work out all differences with Mr. Paglieri . The engineering and the storm water design have not been done. He wants more feedback before they do that. He S1.2ted th;:t they \,,'ill not come back with more lots after the Concept Plan is approye.d. All of the lots coming in on Avery Road are 100 feet, and there are some beautiful treed Jots that win be preserved. Randy Bowman asked to clarify some points for the developer, even though this is still a ..... Concept Plan. ObyiOl.:sly, the storm v,'ater is a major issue and they will want to work very .-J closely with the deyeJoper's engineers to protect adjacent property owners. Another concern is the street widths c.nd street pavemelit desip. Engineerh;g would like to work with the deyeJoper on a layout and a meet width design th;:t re!lects Council's directives. As many utilities as possible should be placed in the fronts of Jots. Lastly, in the upcoming presentation on Sh2.JlnOn Glen, there are some c\,;]-de-sacs shown lha are square in shape and the City Engbeer is concerned about the design. Ifth;:t aJtem::.t;ye design is desired, it will be carefully considered. Mr. Sutphen asked if both cases were beir:g voted on simultaneously. Bobbie Clarke x.id it is one application, but the subdivisions have been placed on sepu2te sheets so that each proposal can be looked at sepc.r::.teJy. One is proposed as a new phase of :Muirfield, one is not. One has private park space, the other h2.s public. There a.re many sepa.rate issues for the two of them. Staff preferred handling them sepc.r2tely. Keith Meyers said that Staff had suggested that it would be better if the Commission saw it as an o\'erall plan and th::.t is why it was combined. Dan Sutphen made a j";'Jotion to approve the Concept Plan for Lochmuir with the following conditions: 1) That floodway and floodplain boundaries be accurately shown on all plat, plc.nning, ~ building permit, and engineering documents and that 2.n City codes be met regc.rding flood ways and !loodplains; .J 2) That right-of-way along A very Road (30 feet from centerline) and Brand Road (40 feet from centerline) be dedicated to comply with the Community Plan; 3) That traffic study issues be addressed to the satisfaction of the City Engineer; 4) That all utilities, street intersections, and cul-de-sacs, be designed and installed as approved by the City Engineer; 5) That the applic2J'lt submit provisions for tree preservat:on, a plan for street trees, and entry feature l2...'idscape pla,n, as approved by Staff; 6) That the proposed open space 2.Jong Brand Road be enJuged and designated as a 200-foot no build z.one subject to the same architectural review, deed restrictions and amenity pack2ge as the balance of Muirfield Village, and be so indicated on the plat; 7) That the site be included within the area controlled by the }.{uirfield Association, and can be developed as.a phase of Muirfield; 8) That the issues of detention, stream and woods preserv2tion, and land fill removal, be resolved at the Preliminary Development Plan; Rezoning Application Z93-015 Lochmuir History A Dublin Pl:1nJling :1l1d lOlling C01l1Illissic:l Meeting Minutes - August 5, 1993 Page 19 9) Thc.t the open sp2ce be deeded to tfie Association at the time of Fin2.1 Plat; 10) That the developer work with the property owner to the east (Headlee) to provide appropriate mounding and screening along the property; and 11) Thc.t the developer address the concerns of the property owner to the west (P2gJieri) regarding a more imaginative layout from A very Road. :Mr. Sutphen explained tnc.t when Muirfield put in Holyrood Court, the Headlee's well wellt dry on the second Dc.Y of construction. It did not get repc.hed, and there were some other pro~Jems thc.t did not get soh-cd. He said Ms. He.ac1ee's concerns are vcJid. --- Mr. ~fassa scid tb.t tJ-,ey hc.d some soil tests done. Fourteen to fifteen holes have bee:1 dug. The need for blc.sti"g f:;:,S not been indicated yet. He said thc.t he would work with Ms. He..2dle.e to ensure thc.t her weB does not go dry. Mr. Sutphen promised :\fs. He.adlee thc.t it win be a condition of approval of their plc.n. Mr. Manus seconded the motion. The vote wc.s c.S follows: Mr. Fishman, abst2.in; ~1r. Peplow, yes; Mr. Rauh, yes; Mrs. StilIwej], yes; Mr. Sutphen,' yes; and Mr. J\fanus, yes. (Approved 5-0-1.) Keith Myers presented the Shannon Glen Concept Plan. This subdivision is on 81 acres and has a proposed 188 units. The open space requirement is 11.98 acres and there is 14.28 C.eres provided. This site, aJong with the previously discussed site, has a major tributary v,'hich goes down to the nanh fork of Indian Run. It is referred to on the FEJ\fA maps as Tribut2.,ry 12. There is no caJculated !loodway for this tributary, but there is a floodway fringe. This is a very difficult site to work with, and they are trying to be as cognizant of the water issue. They chose to separate the site into two neighborhoods c.nd preserve the stream and the vegetation area. The plan is designed with a very simple street system and a sense of neighborhood. He would like to explore the possibility of square cul-de-s2cs~ but notat the.expense of a lot of time. If it can be worked out with the Engineering Staff, thGt would be good; if not, they will not do it. One of the more difficult aspects of this site is the length of frontage along Brand Road and Avery ~...;e Road. He did not want to back houses up on those streets, and they were too long to front them on the street because of all the curb cuts that would have been required. . The suggestion, then, would be to push the cul-de-sac fanher in than is typical. By virtue of that side-loading on the edge of the cul-de-sac, it creates a rhythm 2.S one moves down Brand Road. Catherine Humberg, i509 Brand Road, expressed concern about utilities. She stated that properties located west of A very Road have different electric and telephone comp2.11ies. It is long dis12rlce for Columbus to call this neighborhood, 2.11d people should know that before closing on their homes. One of tf:e proposed entr21lces to Shannon Glen from Brand is sho\\'n as the first entrance west of Avery. This is directly in f:ont of her horse pasture 21ld barn. It will be difficult to exit from the driveway and she sees this as a danger. She would like to see the entry adjusted funher west. Another concern is the 200-foot setback as discussed with the Lochmuir section. The flooding is also a serious concern. Rezoning Application Z93-01S Lochmuir ~ History Dublin PI:1nning ;111d ZOllillg COlllJl1issioil Meeling Minutes - Acgust 5, ]993 Page 20 Mary Nev./comb 2ske.d lhat Mr. Myers provide details or photographs for the record of the square cul-de-sacs 2Jid the side-f2cing lots lh2t face Avery Road. },{r. Massa said th2t they were an 2djustrr:ent from an eyebrow, not a square cul-de-s.2c, but it is a 90 degree angle on the inside. He wj}1 supply those to Staff. He said their engineer will work closely with Dublin's engineers in resolving the stormwater issue, and that may help the whoJe area. Ms. JorCi?.J1'S issue 2bout a bikepath on Avery Road has been addressed. In designing this, they use.d the Concept PJc...,1 that had been approved on the other property, with ~ its house within 200 feet of centerline. I },{r. Massa requeste.d copies of the letters from the residents. ........ },{s. Stillweil asked jf tr.e density question hd been addressed. This concept plan origincjly had a density of 2.29, whic\ if correct, would require him to take out a number of Jots. Mr. Massa said if he l:ses the 200-foot setback, 12 lots would be eliminated. They will have to reconfigure the street because it does not mc.ke sense. That is more than fifty percent of the density at th2.t point. In addition, the rec.son they thought that they might consider a slightly higher density due to t::e Juge 2.mount of open sp2.ce in the pl2J1. },{r. Sutphen said the pJ2.J'l has lots in the iloodway that presently flood. Mr. },{assa said that when they engineer that, if those do not fit, then those Jots will be moved. They will be part of the other 22 that he was asked about. },{r. Fishman indieated that Mr. Massa had been very cooperative in improving the ce:-Jsity probJem. The narrowest Jots are about 75 feet wide. Mr. Fishm2J1 stated that those Jots needed to be 90 feet to fit the chuacter of the street. The other development proposed (Lochmuir) is for 90-foot lots. He couJd support this pla.'1 with a 200-foot setback, 80-foot lots and a density of 2.0 or less. }'fr. Peplow c.nd Mr. Manus agreed with Mr. Fishman's comments. ~ -' Enid Hansel, a resident of Avery Road, said that Ohio Edison supplies electricity down Avery Road and she thinks they supply the west side of A very Road. }'fr. Massa stated that they were av.'are of that, and they have been in contact with Columbus Southern Power about supplying electricity to this area. }'fr. Rauh said th2.t the St.2ff report indicated several substantive issues to be resolved with the Shannon GJen concept including density, setback, roadway connections/site plan Jayout, floodway consider2tions and open space considerations. Staff did not give any conditions to approve it c.nd felt there was too much Jeft to resolve. }'fs. Newcomb staled that there are a number of different issues which would lead to a totally different looJdng plan. Mr. :Massa said it would be a better plan. . Rezoning Application Z93-015 Lochmuir History ..- o___"_,,_-r"W___-_.~ ~ Dublin Planning and Zoning Commission Meeting Minutes - August 5, 1993 Page 21 Ms. Clarke said Staff did not make a recommendation on the Concept Plan. A Concept Plan is supposed to be more than just density and setback and park area, and a revised plan might look entirely different. There was a motion to hold this case over. Mr. Peplow seconded the motion. The vote was as follows: Mr. Rauh, yes; Mrs. Stillwell, yes; Mr. Sutphen, yes; Mr. Manus, yes; Mr. Fishman, yes; and 11r. Peplow, yes. (Approved 6-0.) ..... 10. Rezoning Applicatio Z93-009 - Hawk's Nest This case was tabled without a dl ussion or a vote taken. 11. Rezoning Application Z93-010 Amberleigh Tom Rubey presented the case. It is a rezo 'ng request for a residential s division from R-I, Restricted Suburban Residential District, to P , and includes a review of t preliminary plat. The site is 45,188 acres and is located on the ea side of Dublin- Bellepoint R d directly north of Donegal Cliffs. There is an existing barn, an it is heavily wooded near th Scioto River. The Planning Commission approved the Concept an for this site on April 8, 1 3. Staff is recommending approval of this Preliminary Develop ent Plan (rezoning and prelim 'Pi plat) with 13 amended conditions. M Rubey stated that Amberleigh is a proposal for 82 s' gle-family lots with 5.68 acres of par d, and a gross density of 1.82 units per acre. The 'te has about 770 feet of frontage along ublin Road and extends east approximately 1,970 fi to the floodplain of the Scioto River. I ontains heavily wooded areas surrounding the. ravine on the steeper slopes closer to the river. he Community Plan identifies Dublin Road as a sc ic collector with an 80-foot right-of-way. 36-inch sanitary sewer line and 12-inch water line ross the site from the north to south. Staff ommended re-configuring the lots most heavily a ected by these easements or adopting speci standards relating to the characteristics unique to t se lots. Staff has been convinced that reco Iguration will not be necessary, and a restrictive ea ment included on the plat will be substitut . The City Engineer recommends that the entranc align with Ashford Drive. This location . I require that Dublin Road be lowered approximat y three feet at the Amberleigh Way inters on for adequate sight distance. An existing dry-lai stone wall on the west side of Dublin Road ould be protected during the lowering and new r d construction. Amberleigh Way has a prop ed right-of-way of 66 feet and has a 12-foot lands ape median at the entrance. A new left turn e for Dublin Road is needed. There are two p posed areas of parkland proposed which to of 5.69 acres--2.32 acres of parkland along Dubl Road and 3.36 acres of wooded ravine locat at the southeast corner and provides access to e nver. Staff believes that the park area n s to be staked and field inspected by the Staf and the developer. Staff is recommending ap roval of this rezoning application and preliminary plat with the following thirteen amended conditions: Rezoning Application Z93-015 Lochmuir History ~- Parks & Recreation Page Three Committee Meeting Minutes August 11, 1993 *Vlo Shannon Glen and Lochmnir - these are being brought in together by the same developer, but they are two separate subdivisions. Lochmuir - location is Brand Road, immediately west of Headlee's house. .~ , Lochmuir will be a part of the Muirfield Association, and greenspace will be part of ...... Muirfield PUD. Shannon Glen - this has a stream going through it, which is a branch of the north fork of Indian Run. The area has a large wooded area, a substantial flood plan. Planning & Zoning's directions were: change of some of their street layouts; setback on Brand Road; discussion of square cul-de-sacs; access to parkland areas etc. Parkland will run along creek, the developer would build a bridge across to connect and make the bikepath \\lork to connect both sides. We would own the stream and them some larger pods of parkland (as shown on map). Janet stated that her main concern was accessibility to our largest areas of lawn were not directly behind houses. Also, the area that is shown as the largest green open area does not become the area where the retention pond is. Mr. Ingalls suggested that there needs to be some active/recreation area, not just steam bed. Stream bank stability (Mrs. Woods comment was inaudible). ~ Janet stated that this is definitely an Engineering function but we will work as a team to ....J address it. The following points will be forward to Planning & Zoning so that they can work with the developer on these: Stream bank stability Storm \Vater/detention pond location Park accessibility VII. Amberl .oh (Donegal ~oI1h) The main park ar has very dramatic topography, our concern is to make sure that we can access the entire park rea. Rezoning Application Z93-015 Lochmuir History ~. ~'-~~~~-'-" -...,-~.,,~ I. I I DESCRIPTION OF 37.863 ACRES OF LAND (Cont'd) , . . - I Thence N-69'21'42"W, with the centerline of said Brand Road and with the southerly line of said 37,863 acre tract, a distance of 1,401.04 feet to the true point of beginning and containing 37.863 acres of land, more or less. Subject to all rights-of-way, easements and restrictions, if any, of previous record. Also subject to all legal highways. We hereby state that the foregoing description was prepared from information obtained from actual field surveys conducted by I Baue~, Davidson & Merchant, Ino. in september and October of 1988. "- All of the' survey markers noted in the foregoing description were in place in October of 1988, The bearings given in the foregoing description correspond to the bearings shown on the recorded plat of said Huirfield Villages Phase 28 and 30. BAUER, DAVIDSON & MERCHANT, INC, . Consulting Engineers No. 6942 ",'1" I II.,. ,.".- flO. " . .' .", - ". . ~\ ...... " . . .' " , .... ':J .'' . ", '0:. .: 'I.. :... III r. " \1.'0: . .... ( I -..' , .. O' '''' ~ . ~ ' : ''':'.'"- C\,J\.O-. :' - ..,. I'~ ,./' ur. ~ :. uJ : :: '7 ,t (" ,.: 111 ~ . ....) , J l) \)... . l\.. \ .,. _. . ~.. .'. II.':". ,':: ~ "(..... .... '"." ,.... ..: ", , . , . . If. ""'~' ." ",. '... .,.,. ..... . . . .It'''''- '--~'_."-----"-"'---------'--_._"--'-'-- ~~-"""-""-- ..... -._- .' . DESCRIPTION' OF 5.492 ACRES OF LAND . r LOCATED ON' THE EASTERLY SIDE OF AVERY ROAD AND NORTH OF BRAND ROAD, IN THE .9 CITY OF DUBLIN, COUNTY OF FRANKLIN, or STATE OF OHIO . situated in the St~~a of Ohio, County of Franklin, city ~ DUblin, being in Virginia Military Survey No. S162 (61S2) ,. . containing 6.492 acres of land, mora or less, part of said 6.~ acres being all of that tract of land (3.242 acres of land, mora or less, according to a survey by Bauer, Davidson & Merchant, Inc.) conveyed to Franklin L.Smith and Reatha Sue smith, of record in Official Record 04966El9, part of said 6.492 acres being all of that tract of land (2.861 acres of land, more or less, according to a survey by Bauer, Davidson & Merchant, Inc.) designated as Parcell and part of said 6.492 acres being all of that tract of land (0.389 acre of land, mora or less, according . to a survey by Bauer, Davidson & Merchant, Inc.) designated as Parcel 2, said Parcell and Parcel 2 being described in EXHIBIT A,of the deed to Franklin L. Smith and Reatha Sue Smith, of record in Official Record 06l80JlS, both being of record in the Recorder's Office, Franklin County, Ohio, said 6.492 acres of land being more particularly described as follows: Beginning, for reference, at an aluminum cap in concrete (Franklin County Monument Designation FCGS 6648) at the centerline intersection of Brand Road and Avery Road (Avery Road . north of Brand Road); thence N-14"S9'39I1W, with the centerline of said Avery Road, a distance of 619.33 feet to a railroad spike at the true point of beginning, the same being the southwesterly corner of said Parcel 2 and the northwesterly corner of that 8.608 acre tract of land described in the deed~' Mark pi and Yung Hui Ching, of record in Official Record , 069l9G18, Recorder's Office, Franklin County, Ohio; ~J .. - Thence, from said true point of beginning, N-14.S9'39"W, with the centerline of said Avery Road, with the westerly line of said Parcel 2, with the westerly .line of said Parcell and - with the westerly line of said 3.242 acre tract, a distance of 340.00 feet to a railroad spike at the northwesterly corner of said 3.242 acre tract, the same being the southwesterly corner of that 5.767 acre tract of land described in the deed to Jennings Joe Allen and Barbara Jean Allen, of record in Official Record 11368J19, Recorder's Office, Franklin County, Ohio; Thence N-73e14'32"E, with the northerly line of said 3.242 acre tract and with the southerly line of said S.767 acre tract, .. crossing ~'5/8-inch solid iron pin at a distance of 29.55 feet, a total distance of 835.19 feet to a 3/4-inch (I.~.) iron pipe at the northwesterly corner of said 3.242 acre tract, the same being the southeasterly corner of said 5.767 acre tract and in a westerly line of Huirfield Village Phase 30,. the subdivision plat of same being shown of record in Plat Book 66, Pages 55, 55 and 57, Recorder's Office, Franklin County, Ohio, said iron pipe being located S-79.56'55"W, a distance of 4.61 feet from a S/8-inch solid iron pin; -- "'_'"'..~. "~~_~o"'_~.."_.".._.,.~.,..,.~.._.~""~._~____"" ~~"- :~i.o..:..~_\' ~. . . . . , . 89~O560~ - DESCRIPTION OF 6.492 ACRES OF LAND (Cont'd) '- Thence, from said 3/4-inch (I.D.) iron pipe, S-l4.05'36I1E, with the easterly line of said 3.242 acre tract, with the easterly line of said Parcell, with the easterly line of said Parcel 2, with a westerly line of said Muirfield Village Phase r 30, and with a westerly line of that 37.863 acre tract of land L designated as Parcel II and described in the deed to Jefferson Savings Bank, of record in Official Record 13186G04, Recorder's Office, Franklin County, Ohio, crossing a 3/4-inch solid iron pin at both a southwesterly corner of said Huirfield Village : Phase 30 and a northwesterly corner of said 37.863 acre tract a' a distance of 57.90 feet, a total distance of 339.92 feet to a 3/4-inch (I.O.) iron pipe at the southeasterly corner of said Parcel 2, the same being the northeasterly corner of said 8.608 . acre tract, said iron pipe being 'located S-77.S3'23"W, a . distance of ~.43 feet from ~ S/8-inch solid iron pin; Thence, from said 3/4-inch (I.D.) iron pipe, S-73"l3'22"W, with the southerly line of said Parcel 2 and with the northerly line of said 8.608 acre tract, crossing a S/8-inch solid iron pin at a distance of 800.66 feet, a total distance of 829.85 feet to the true point of beginning and containing 6.492 acres ; of land, more or less. ! Subject to all rights-of-way, easements and restrictions, if any, of previous record. '. Also subject to all legal highways. We hereby state th~t the foregoing description was prepared from information obtained from actual field surveys conducted by Bauer, Davidson & Merchant, Inc. in September and October of r- 1988 and in April of 1989. I . ...... All of the survey markers noted in the foregoing description were in place in April of 1989. . The bearings given in the foregoing description correspond .- to the bearings shown on the recorded plat of said Muirfield Village Phase 30. BAUER, DAVIDSON & MERCHANT, INC. Consulting Engineers . .. . Surveyor No. 6942 . ,"',,,,,,,,.". ,.. . I" ",.' .:: "1 " ..':) '-, ..' ,...... .. .. ....0' .,' .", ,..;. . '1 t . ,-' \ " \..... . . ~ . '. I ".. '. .. ::: _.: c:,J '.I.. '. "':': ~ . u. ~ '.. "- \1, . . . . ....-J'~ . t-.'). . . 1 . - " c ( ". . ..- ::::; r: J \:) ....: -- '. : .. ~ " '. t., . .. _ : . _. ';I - . ......... >- '('Fq. f- >- Z ~., ..J~ f- :J Z 0 ::) u 0 w u ~ Z <t 0 ;. H <t Z ...J :::) W \Lcxrnui% RD . CT , DUlANNO CT , ' ~. , ~~ , . (j ~ , . M vrNG1'ON '.' . . _.~~.... ..1 ~. .- .. _-0 . & >- 0 e I ~ .-' ~ to .~.,. ~. ;,:-i:tii.~ f~ ../.:,,;>, .. .. -'~:f~;~:~, .,::. i. :>_ , , ' ' " __ _ _. ," ,9" - -. . 4: Rezoning Application ~_ Z93-015 Lochmuir -