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HomeMy WebLinkAbout19-80 Ordinance _"",'",.,'c, . .. - p RKORDf~_~.. ORDlNaNEESF', 1ft - . National Graphics Corp., Cols.. O. ~ Fotm No. 2806.A Ordinance N 0 .nnl~:_~_~____nn Passed__nn~';. _ _' __1~___nn_nn_,_;_--___19-~~-Q v AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF CERTAIN REAL ESTATE TO THE P.U.D. - NPLANNED UNIT DEVELOPMENTn ZONING DISTRICT. A 288.0 ACRE TRACT I OF LAND TO BE KNOWN AS REARLINGTON VILLAGEN ON THE SOUTH SIDE OF BRAND ROAD BETWEEN COFFMAN ROAD AND AVERY ROAD. NOW, THEREFORE, BE IT ORDAINED by the Council of the Villag. of Dublin, Stat. of Ohio, ~ of the .I.ct.d ...ber. concurring: SECTION I. That the following d..cribed r.al ..tate (... attach- .d legal d..cription) .ark.d Exhibit RAR, .ituat.d in the Villag. of Dublin, St.t. of Ohio, i. h.r.by rezon.d to the P.U.D. - RPLAN- NED UNIT DEVELOPMENTR Zoning Di.trict and .h.11 be .ubJ.ct to regulation. .nd procedur.. contained in Ordinance NO: 21-70, the Village of Dublin Zoning Cod., and a.end.ent. th.reto. SECTION 2. Th. application, Exhibit nBn, the li.t of contiguous property owner., Exhibit RCR, the location Plat, Exhibit RDR, and the r.co..endation. of the Planning and Zoning Co..i..ion, Exhibi1 nE n ar. \ all incorporat.d into and .ad. an official part of this Ordinanc., and .aid r.al ..tat. .hall b. d.v.lop.d and u..d in ac- cordanc. th.r.with. SECTION 3. Th.t this Ordinanc. .hall t.k. .ff.ct and b. in fore. I frOM and aft.r the earli..t p.riod allow.d by law. P....d this ~ day of :r LUUl , 1980. M..:-I ~,~ M.yor .~ ,'Pre. i . i ng Off i c.r ATTEST: ~h~~ CI.rk of Council The sewer alternative submitted by the applicant and subsequently amended by Council was hereby made and is a part of Ordinance #19-80. I , . ...:. . " .. . Attachment "A" ORDINANCE 1119-80 June 16, 1980 SEWER ALTERNATIVE A. Subject to conditions (1) and (2) below, applicant or his successors and/or assigns, prior to the development of any of the subject land, will construct the proposed north branch of the Indian Run sanitary trunk sewer from point (x) to point (y) as shown on the attached map in accordance with the specifications of the Village and in connection I with said construction pay all direct construction costs thereof, in- cluding the base cost of the sewer, engineering and legal fees, devel- oper'ssupervision costs during construction, (will not include inter- est or other costs involved in borrowing money), and the costs of any easements required for said construction, so long as the costs of said easements are the result of a judicial judgment or are verified by an appraisal by a qualified appraiser or if in excess thereof are approved by the applicant, all subject to the following conditions: (1) That within six (6) months from the effective date of the subject rezoning the Village of Dublin and/or the applicant has obtained all easements necessary for said construction or, if not, the Village has commenced valid and legal appropriation proceedings for each of said easements. (2) The Village of Dublin obligates itself to purchase said trunk sewer line when constructed and to purchase the main water lines serving the subject property and the property north of Brand Road known as Brandon when constructed and further obligates itself to compensate the owners of said utilities as follows: i I. Sewer a) As to the subdivision known as Shannon Park, Hemingway, I and Hemingway West: At such time as the construction of the said sewer is commenced and the Village has received consents from the owners of land in each of said subdivisions, the Village shall immediately begin to remit to applicant, or his agent as designated by applicant in writing to the Village, any and all systems capacity charges and inspection fees due and owing and attributable to the land owned by each of said consenting owners, said charges to include such part of the City of Columbus charge retainable by the Village as well as any charge collectible by the Village (by way of reference, these charges as of the date of this statement would amount to, per single family resi- dence, $240.00, being two-thirds of the Columbus charge of $360.00, $100.00 being the Village charge, and $25.00 being the Village fee, for a total of $365.00). b) As to. any land downstream from the subject land tributary to sa1d trunk sewer, the subject land known as Earlington, and that part of the land known as Brandon, which is trib- utary to said sewer: - . .. . . . :.. " Page 2 SEWER ALTERNATIVE ORDINANCE 119-80 To remit to applicant, or his agent as designated by applicant in writing to the Village, all such charges and fees attributable to said lands. c) As to that part of the land north of Brand Road and known as Brandon not tributary to said sewer: I Upon receiving consents from owners of said land to collect and hold all such charges and fees attributable to such lands owned by said consenting owners and upon the commencement of the construction of said sewer to pay over to applicant, or his agent as designated by applicant in writing to the Village, all such charges and fees as collected and thereafter to remit to appli- cant, or'his agent as designated by applicant in writ- ing to the Village, all such charges and fees attribut- able to said lands owned by said consenting owners. II. Water a) As to the subject property and the land north of Brand Road known as Brandon: To remit to applicant or his agent, as designated by applicant in writing to the Village, and with the prior written consent of the owners of Brandon, all standard tap fees for water taps on said lands (by way of reference, these charges as of the date of this statement would a- mount per single family residence to $176.00). III. Total Payments I a) All obligations of the Village to collect or remit any or all such charges and fees referred to above shall cease and come ta an end at such time as there has been remitted to applicant and/or his agent or agents, as so designated, the sum of many equaling all of the direct costs of said trunk sewer, certified as correct by a qualified engineer and as paid by applicant, and the cost attributable and certified so to be by a qualified engi- neer, to the civersizing of the pipe and other fixtures required to be installed on subject land and/or the land within Brandon in order to provide upstream sanitary trunk sewer service. b) Not withstanding (a) of this paragraph III, the Village shall not be required to collect or remit such charges or fees to cover the cost of such oversizing not in place at the time charges or fees otherwise remittable are received by the Village and any and all obligations of the Village shall cease and come to an end fifteen (15) years after the date of the obligation incurred and taken on by the Village. a ~ ".. -, ... " . Page 3 SEWER ALTERNATIVE ORDINANCE #19-80 B. In the event of the failure of either of said conditions set forth in A hereof, sani tary sewer service shall be provided by a pump station-force main system as described in the "Revised Engineering Feasibility Report" dated April 30, 1980. c. Part B herein shall be null and void and not available to applicant I at such time that the Village commences appropriation action against property owners and obligates itself under the conditions of Part 2. I ..