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HomeMy WebLinkAbout42-81 Ordinance ,:":- .. .. RKOAD/'CJF:,DRD'INANEES; 301;" , " 'l , . Nat1onalQ:nyl~ClII CQrp.. Cola.. O. ~ F'ormNo.2806-A ' Ordinance NO._m~_~:__~L___ p assed_nm_mn__n_u___m__m___n__m_____m_-19--__c. -- I AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF CERTAIN REAL ESTATE TO THE i.I. (Restricted Insustrial) ZONING DISTRICT. A 104 ACRE TRACT WEST OF AVERY ROAD I AND SOUTH OF POST ROAD, ALSO KNOWN AS THE "ADRIA" TRACT. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, I:> of the elected members concurring: SECTION 1. That the following described real estate (See attached legal description marked Exhibit "A") situated in the Village of Dublin, State of Ohio, is hereby rezoned to the B.I. _Restri~~ed In~ dustrial Zoning District and shall be subject to regulations and procedures contained in Ordinance No. 21-70, the Village of Dublin Zoning Code, and amendments thereto. SECTION 2. The application, Exhibit "B" including the list of con- tiguous property owners and the recommendations of the Planning and Zoning Commission Exhibit "C" are all incorporated into and made an official part of this Ordinance, and) said real estate shall be developed and used in accordance therewith. SECTION 3. The required public hearing, a joint meeting of Village Council and the Planning and Zoning Commission, is hereby established as .O~tober 5:, 1981 at 7:30 P.M. at the Village Municipal Building. -- --- ~ SECTION 4. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. I Passed this '7-1i day of ~O--";,;'1?7~A j , 1981. (h~t3... ~L "Mayor-presi l.ng fficer ATTEST: 1J:r1fjo 'dl, ~A?1--.v C erk of unci I I . t. .. ,. ~ 'If" { .,; . \ . VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION ,___ .___" _ __ .__' _. .._ ._.. .._.._ .__... __ ._-- h.' -.r I ! AN APPLICA TION FOR AMENDMENT I For P & ZC Use Only I , OF THE VILLAGE OF DUBLIN I Application No.: 0/-8/ I ZONING DISTRlCT MAP IZM o/~ff \ (Rec las sification of Land) i Date Filed: .(J{/~ 1 "8'1 I ; Fee Receipt No. 'Aitl 1 I, i 1 Received by: I~ ~1I61-1J~N I I 1___. J _____ Please type or prirAt information - Use additional sheets as necessary ----- TO THE HONORABLE PLANNING .AN D ZONING COMMISSION: The P.pplicant, Adria LaboratorieR, Tnc , Being the owner (s), /lessee (s) o'f property located within the area proposed for reclas sification of land/ special use or development, requests that the following described land to be placed in the Limited Industrial Zoning District (s)/ Special District (s). A. DESCRlPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the follow~ng: ) I _. Lot(s)/ Reserve (s) a. of , a. reco rded plat, with an ar ea of Acres/ Square feet. b. Beginning at a point along (street or other) and being feet in a N SEW (circle) direction from the (specify) of (street or other), and thence having a dim-ension of from the (specify) of (street or other), and having an area of . i c. The tract of land containing _____ Acres and bounded by: (specify) on the N SEW (circl~) (specify) on the .?\ SEW (circle) (specify) on the N SEW (circle) (specify) on the X W E W (circl~) d. A ttached l~gal de sc ription: YES X NO I P;lge 1 of 3 \ \ . ~ .. r 'I"' . . , '. Page 2 of ZM . Map of propoS ed Zoning Di stric t houndarie s-=.. Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of not less than 8- 1/2 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 shall include all land in the proposed change and all land within five hundred (500) feet beyond the limits of the proposed change. I To be shown on the map - all p:coperty lines, street right of way, easements and other information 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 frorn such area proposed to be rezoned. The addresses of the owners shall be those appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS ! SEE ATTACHED SHEET I B. ARGUMENTS FOR RECLASSIFICA TION OF THE DESCRIBED LAND. 1.- Proposed Use or Development of the Land: Headquarters for the applicant PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS subdlission 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 Zoning Districts, such plans or other exhibits would be helpful to the review of this application. Plans and Exhibits submitted: Plot Plan . Building Plan_; Development Plan_; Sketch_; - , Photogra'Ohs ; Otl'le l' (specify) . - ~ 2. State briefly how t:o.e proposed zoning and d~velopffient rela;:es to the existing and probable future la:'ld use character of the vicinity. This property was recently annexed to the Vill~gp 1 . aong wJ.th 300 other acres. This zoninq will pprmit the applioant to expalu 't . 1 ~ s present. operation of research and development and production ~nd __distribution of iTS product lin . construct its new adrninistrati C.h T~e a~~l~cant also wants to ve ea quarters on this site. r'),~ " .-, ? ,-,., 7. 'I'" - n l.... ~ . ..- ~ \ . , . Page 3 of ZM . 3. Has an application for rezoning of the property been denied by the Village Council within the last two (2) years? YES NO. X If Yes, state the basis of reconsideration. I C. AFFIDAVIT Before completing this application and executing the following affidavit, it is recommended that this application be discussed with the Building.Inspector to insure completeness and accuracy. APPLICANTIS AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I (WE) Thom.as W. D {Alonzo, Corporate Secretary for the applicant being duly sworn, depose and say that I am/we are the owner (s)/lessee (s) of land included in the application and that the foregoing statement herein con- tained and attached, and info rmation or attached exhibits thoroughly to the I best of my/our ability present the arguments in behalf of the application here- wi th submitted and that the statements and attached exhibits above referred to are in all respects true and correct to the best or my/our knowledge and belief. 5000 Post Road . Dublin, Ohio 43017 (mailing add re s s) Phone~6l4) 764~RJ62 Subscribed and swo rn to before lTle this ~ day of ~..J. , 19 "6, . JEFFREY L BROWN ~ ' ~ ATTORNEY AT LAW h ~ NOTARY PUBLIC;:. STATE OF OHIO ~ot lic MY COMMISSION HAS NO EXPIRATION DATI , ~C:TIOH 147.03 Ro. G. Person to be contacted ~or details, if other thlw above signatory: J, \\~ \).). \M\\~ "":>>,. W"~\\nI\d~ t~\~ ()" 43:).\t; ~'AG.55 ~ \r.ame) (adcress) (telephon.e) --- ________________________________DO :.;OT WRITE BELOW THIS LIKE------------ D RECORD OF ACTION 1. Withdrawn Held to (date) (date) 2. p & ZC: Datc of Hcarina 0_____ Approvcd~__.________; Disa?:?l'ovcd___ Modified 3. Vill;l"c Cotd1Cil: Dc:.tc of >;c;;rin!! ~ '-'._-_.....--~-----_._- --~-~-_._..- - ".,. . _, ,'] '\' I'd-~':: .-;.. f1 . ~ .MAILING ADDRESS O;E' , ,PROPERTY OWNERS' NAME(S) ADDRESS OF PROPERTY PROPERTY O\iNER ZIP - Ralph D. Arthur Cosgray Road 660 ~insbury gr. East Wort l.ngton, R,. 4308~ John T. & Ruth Byers .... 6800 Cosgray Road Arnlin, OR ' 4 300~ I," .. Ruby Weldon, et a1 RFD #1 Arn1in, OR : ", '; '. 4300~ Sophia E. Liggett Rings Road Rt. #1 '. Amlin, OR 4300~ ., lItiO State Univer~ity ATTN: Ernest W. Leggett ard of Trustees Liggett Road 190 N. Oval Dr. Columbus, OR 4321~ Irene Jasys '. SR 161 4460 Dublin Rd. Columbus, OR 43'22'( Don G. Mitchell SR 161 11016 Santa Barbara Plain City, OH 4306< Sam G. & Shirley Tornik SR 161 234 Chi11icothe Plain City, OH 4306< .L. Hall '. SR 161 and u.S. 33 7010 Industrial Parkway ., Plain City, OH 4306< Relen L. Gordon Eiterman Road 7298 Post Rd. Palin City, OR 4306< . I . . . " . . . - . . ., . ... ~ . .' ,'" . ' #' .. . . ,; WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That WARREN-TEED PHARMACEUTICALS, INC. , a Delaware corporation, in consider- I ation of the sum of One Dollar ($1.00) and other valuable considerations, to it paid by ADRIA LABORATORIES, INC. , a Delaware corporation, the receipt whereof is hereby acknowledged, does hereby GRANT, BARGAIN, SELL AND CONVEY to the said ADRIA LABORATORIES, INC. , its successors and assigns forever, the following REAL ESTATE: PARCEL 1: Situated in the Counties of Union and Franklin, in the State of Ohio, and in the Townships of Jerome and Washington, respectively, and bounded and described as follows: Situated in Virginia Military Survey No. 6748 and being the West Half of a 101.00 acre tract conveyed by Deed of Leonard V. and Lydia M. Swallow to Ray Hyland as the same is of record in Deed Book 1811, Page 368, I Recorder's Office, Franklin County, Ohio, more particu- larly bounded and described as follows: Beginning at an iron pipe in the southwest corner of a 52.01 acre tract conveyed by Lydia M. Trittschuh to ~ Warren-Teed Products Company under date of July 9, 1959, ~, and being the east one-half of the above-described tract; thence South 84 deg. 35' West, 832.02 feet to an iron pipe; thence North 4 deg. 58' W. 2524.20 feet to an iron pipe in the center of State Route No. 161 and the north line of said 101.00 acre tract; thence north 65 deg. 41' east along the center line of Route 161, 881.94' to an iron pin; thence southerly on a line parallel with the west line thereof (a line bearing south 4 deg. 58' E) 2809.30', passing an iron pin ~t 1404.65 feet to the place of beginning, containing 15.37 acres in Union County and 36.64 acres in Franklin County, or a total of 52.01 acres, and being subj(;.CL to. all legal highways in previous instruments of record. Being those premises conveyed to The Warren-Teed Products Company by Ray Hyland and Grace Hyland by deed dated l1arch 30, 1960, filed April 1, 1960, and recorded in Deed Book 2242, Page 388, Recorder's Office, Franklin 4 County, Ohio, and filed April 20, 1960, and recorded in Deed Book 203, Page 349, Recorder's Office, Union County, Ohio. PARCEL 2: Situated in the County of Union and County of Franklin, in the State of Ohio, and in the Townships of. Jerome and ~ashington and bounded and describenasfollows: Situated in Virginia Military Survey No. 6748 and being the East Half of a 101.00 acre tract Gonveyed by Deed of Ray qnd Grace Hyland to Leonard and Lydia M. Swallow, as the same is of record in Deed ~ook 1811, Page 370, Recorder's Office, Franklin County, Ohio; ~ .' . ~ .' ~' . . . Beginning at an iron pipe at the southeast corner of the above mentioned 101.00 acre tract, thence from said beginning point, South 84 deg. 35' West, along the South line of said 101.00 acre tract, a distance of 748.07 feet to an iron pipe; thence North 04 deg. 58' West, a distance of 2809.30 feet to a railroad spike in the center of State Route No. 161 and the North line of I said 101.00 acre tract, passing an iron pipe on line at 1404.65 feet; thence North 65 deg. 41' East, along the North line of said 101.00 acre tract and the center of State Route No. 161, a distance of 537.71 feet to a railroad spike at the intersection with the center of the Post Road; thence South 75 deg. 01' East, along the center of the Post Road, a distance of 290.94 feet to a P K Nail, at the Northeast corner of said 101~00 acre tract; thence South 04 deg. 20' East, along the East line of said 101.00 acre tract, a distance of 2883.15 feet to the place of beginning, containing a total of 52.01 acres, being 31.36 acres in Franklin County and 20.65 acres in Union County, and being subject to all legal highways in previous instruments of record. Being those premises conveyed to The Warren-Teed Products Company by Lydia M. Trittschuh and Lawrence H. Trittschuh by deed dated July 9, 1959, filed July 16, 1959 and recorded in Deed Book 2194, Page 231, Recorder's Office, Franklin County, Ohio, and filed July 13, 1959, and recorded in Deed Book 201, Page 425, Recorder's Office, Union County, Ohio. The foregoing Parcels No. 1 and No. 2 are more accurately I described in a survey made since acquisition by the grantor \ corporation, which description is as follows: Situated in the Counties of Franklin and Union, in the State of Ohio, and in the respective Townships of Washington and Jerome, and bounded and described as follows: Situated in the Virginia Military Survey No. 6748 and being the tract stated to comprise 101.00 acres. Beginning at an iron pipe at the Southeast corner of the above-mentioned 101.00 acre tract; thence from said point of beginning South 84 deg. 35' West, along the entire South line of said 101.00 acre tract a distance of 1,580.1 feet to the Southwest corner which is also marked with an iron pin; thence North 04 deg. 58' West, along the entire West line of said 101.00 acre tract a distance of 2,524.2 feet to an iron pipe in the center of State Route No. 161 and the North line of said 101.00 acre tract; thence North 65 deg. 41' East, along the center line of said State Route No. 161 and the North line of said 101.00 acre tract a distance of 1,419.0 feet ~ to a railroad spike at the intersection with the center of the Post Road; thence South 75 deg. 01' East, a distance of 290.94 feet to a P K Nail at the Northeast corner of said 101.00 acre tract; thence South 04 deg. 20' East, a distance of 2,883.15 feet along the east line of said 101.00 acre tract to the place of beginning, containing a total of 104.02 acres, 36.02 acres of which lie in Union County and 68.00 acres in F~anklin County. -2- ..: '. . . . ..: . . . ~ I ~ G) ~ ./ ---- ~ ~ ~ ~ t) (\ ~ .....\ " o ' ~ ~3> I "\ 0 " .... ~ C> h \:l d f/ot!t ~3 NJ - . _j~'~""iiI'JdU,' . "'l'm ; ".,dt, ' ", " " , "o!i'iiiu[~i'~i~,~i;~t_-; {l"".", 'l'1"'",' "I..;",,;,, 'm'i;'" . , ' ~;J"s, _"",'''':':,'11:iUIl~",'"..,ilO1i.kd , "",jki:ill:;;L":,,,,;;~,iI~,;i~'lw,, , , . iii,' ",il!illcH'.C".","",.,~, ". -" ..-,.- ~ .. .'.'~ /I' .,' , . ,. . , Previous Deed Book Reference: Vol. 2498, P~ge 358. TO HAVE AND TO HOLD said premises, with the privileges and appurtenances thereunto belonging, to the said ADRIA LABORATORIES, I INC. , its successors and assigns forever. And the said WARREN-TEED PHARMACEUTICALS, INC. , for itself and its successors, does hereby covenant with ADRIA LABORATORIES, INC. , its successors and assigns, that it is lawfully seized of the premises aforesaid; that the said premises are FREE AND CLEAR FROM ALL INCUMBRANCES WHATSOEVER; excepting taxes, mortgages, restrictions, conditions and easements of record; and that it will fqrever WARRANT AND DEFEND the same with the appurtenances unto the said ADRIA LABORATORIES, INC. , its successors and assigns, against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said WARREN-TEED PHARMACEUTICALS, INC. has hereunto caused its corporate seal to be affixed and I these presents to be subscribed by its President on this day of , 1981. Signed and Acknowledged WARREN-TEED PHARMACEUTICALS, INC. in the' Presence of: a Delaware corporation By Herman Eichel, President STATE OF , COUNTY OF , BE IT REMEMBERED, that on this day of , 1981, before me, the subscriber, a Notary Public in and for said County, personally came the above named WARREN-TEED PHARMACEUTICALS, INC. , the Grantor in the foregoing Deed, by Herman Eichel, its President, and as such officer duly authorized, acknowledged the signing of the same to be his voluntary act and deed for and as the act and deed of said Corporation, for the uses and purposes therein mentioned. .- IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public This instrument prepared by: Jeffrey L. Brown SMITH & HALE 37 West Broad Street Columbus, Ohio 43215 - -,... '_'"C;, . . \t\ ,''''", ". . , ~ . \\\ . . .. r- , . . ,~ . 0 ~ . - + - ~ Ls 10 Ii :1) ~ ~. '~ r-, . " } } r ~. , / . (,' . . I ! 't; \ y ~\ ~.>l..i~~ " ~. ~f, ",:' . . I '. f . \ / t Dr t l . (, " I " , \; '-r I I I , I . ,. i . \,' ,!- :.'~" --~ " \ j;- --:- ,I ~..... "", ., '. ~, "~ I ~... 'T ./ ' j.~} I . - '~ ._4 r . - ._........L - .-.-..--.. ,~ - ~"". ". ' I 1, ~ \~. 6(3~i'~. C~ v 6665 Coffman Road Dublin, Ohio 43017 PLANNING AND ZONING C(JotMIssION MINUTES I November " 1981 The meeting was called to order by Mr. Macklin, Chairman, with the follow- ing members present: Amorose, Callahan (arrived at 8:50 P.M.), Jezerinac, Macklin, Mand, and Reiner. Also present were, Hr. Gurvler, Assistant Law Director, Mr. Wolfe, Village Engineer, and Kim Littleton, Village Plamer. Mr. Amorose corrected a date in the final paragraph of the minutes of the October 6th meeting. Hr. Hand then moved, seconded by Mr. Amorose, to approve' the' minutes as amended. Vote on the motion was as follows: 4 Yeas - Amorose, Macklin, Hand, Reiner; 1 Abstention - Jezerinac. Committee Report - Possible Amendments to Sign Code Mr. Littleton submitted proposed changes of two sections to the Sign Code which the Committee discussed. They are: () Section 541.052, Ground Sign Section C: for buildings or uses having at least 100' of frontage on esch of two (2) public rights-of-way, two (2) ground signs are permitted only if the combined area and height of both ground signs does not ex- ceed one and one-third (1 1/') times the area and height of the ground sign with the maximum allowable area and height dimensions. Neither I ground sign shall, by it.elf, e.ceed the ma.imum allowable ar.. and height dimensions. Section 541.0' Traffic & Directional si ns ParaQraph 10: raf 1C and directional S1gnS indicating points of entry or exit for a facility or off-street parking area, provided such signs are limited to four (4) square feet in area and three (3) feet in height, do not interfere with safe traffic circulation (and contain no information other than the word "in," "enter," "entrance," "out," or "exit," and/or arrows indicating desired traffic movement). Mr. Gumer, suggested an amendment to the proposed changes in Section 541.0', Traffic and Directional Signs to include". . . safe traffic circulation and do not interfere with or obstruct the view of drivers exitin onto hi nwa s or thorou fares. . .It Mr. Mand moved, secon ed by r. einer, to approve Hr. Gumer' s amendment. Vote on the motion was unanimous for approval. /,-, Hr. Hand then moved, seconded by Mr. Jezerinac, to recommend approval of I ) the proposed 81Rendment of Section 541.052, Ground Sign of the Sign Code "'-' as suggested by the Plamer,and forward to Council for their considera- tion. Vote on the IIOtion was unanimous for approval. .. J I . ~ .' . ... . . c' P <\ Z Minutes Novlilllber 3, 1981 Page Two Mr. Hand then moved, seconded by Mr. Jezerinac, to recommend approval of the proposed amendment to Section 541.03 Traffic and Directional 5igns1. I as amended by Mr. Gu1ner, and to forward to Council fq... their considera- tion. Vote on the motion was unanimous for approval. Proposed Rezoning of the Adria Tract Mr. Harrison Smith, Attorney representing Adria Labortories, was present. A Public Hearing was held~at the October 5th meeting of Council at which time the rezoning reques,t .was changed from LI (Limited Industrial) to RI (Restricted Industrial). After some discuS8ion, Mr. Hand moved, seconded by Mr. Amor08e~ to recommend approval and refer to Council. Vote on the motion W8S unanimous for approval. ,.. Amended Conditional .lIae Application for Car Wash A representative from National Pride Car Washes appeared before the Commission to request approval of a Conditional Use Permit to allow con- atruction of a 5-bay, self-service, car wash at the rear of the Exxon Station at 161 and Carbins Mill Road (see August 4, 1981 minutes). He () provided the Commission with an Operation and Impact Analysis of a 10-bay National Pride Car Wash. He added a 5-bay facility would not create as much traffic a8 a sit-down restaurant or bank. Also, he said the car wash would be open only when an attendant wm present. Mr. Littleton said even with the changes, he still felt the space avail- able was too small to accomodate a car wash and especially- felt there I was lack of sufficient spaca for stacking automobiles at the entrance. Several residents of Dublin were present to speak for and against the car wash. One resident of Waterford said many people in her area were apposed to the construction because of added traffice especially on Saturday mornings. One gentleman speaking for the car wash said be.felt cars would not back up waiting to enter the bays, but would instead leave and come back at a later time. Mr. Reiner then moved, 'seconded by Mr. Mand, to deny the Conditional Use request. Vote on the motion was unanimous for approval. e agenda at the request of C.O.D. Application - Mr. Tinapple 0 Mr. Tinapple was present to request a Certificate of Zoning Compliance for Bradford Houae Interiors and the Art ROOII, 3797 Dublin-Granville Rd. ~'