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HomeMy WebLinkAbout012-88 Ordinance . ORDINANCES RECORD OF . National Graphics Corp., Cols., O. ~ Form No. 2806-A Ordinance N 0 ._____!~__~~_________ P assed___________ _ __________________________ __________19 ------- AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 2.024 ACRE TRACT LOCATED ON THE SOUTH SIDE OF POST ROAD, APPROXIMATELY 4100 FEET EAST OF AVERY ROAD. TO BE REZONED FROM: LI, LIMITED INDUSTRIAL DISTRICT; TO: SO, SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the following described real estate (see attached legal description marked Exhibit "A"), situated in the City of Dublin, State of Ohio, is hereby rezoned to SO, SUBURBAN OFFICE AND INSTITUTIONAL 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 con- tiguous property owners, and the recommendation of the Planning and Zoning Commission, Exhibit "C", are all incorporated in to and made an official part of this Ordinance and 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 21st day of March , 1988. ~ Mayor - Presiding Officer Attest: ~~n[,~ Sponsor: Planning Department I hereby cert'fy that COllies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code.. /J , ~ JAt:hv--l'/7'P}~ ~ Clerk of Council, Dublin, Ohioo , VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION ---- ------..--..------.. _. ------.. AN APPLICATION FOR AMENDMENT I For P & ZC Use Only OF THE VILLAGE OF DUBLIt'l ApPlicatioBo. : ZONING DISTRICT MAP ZM z.b ,. 002- (Reclas sification of Land) Date Filed: t J 7 /?cJ I Fee Receipt No. I Received by: I ----- Please type or prir.t information - Use additional sheets as necessary _____ TO THE HONORABLE PLANNING AN D ZONING COMM,ISSION: The Applicant, Robert M. Stewart, Sr. (have property in contract) Being the owner (s), /lessee (s) of property located within the area proposed for reclas si!icatio,n of land/ special us e 0 r deve lopment, requests that the following I described land to be placed in the Suburban Office Zoning District (5)/ Special Dist!'ict (s). A. DESCRIPTION OF LAND TO BE RECLASSIFIED 1. General Description of Land (describe by one of the following: ) a. Lot(s)/ Reserve (s) of , a reco rded plat, with an area of Acres/ Square feet. b. Beginning at a point along (street Or other) and being feet in a N SEW (circl 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 2.024 Acres and bounded by: See attached leqal (specify) on the N SEW (circle) decription. (specify) on the N SEW (ci rcle) ~ (specify) on the N SEW (circle) (specify) on the N W E W (circle) d. Attached legal description: YES 'X NO I Page 1 of 3 I Page 2 of ZM Map of proposed Zoning District boundaries: , 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 Gen~ ral De sc ription 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. To be shown on the map - all property lines, street right of way, easements and other information related to the location of the proposed,boundaries and shall be fully dimensioned. The 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 tho appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS Olde Post Properties 2041 Arlinqate Lane Columbus, Ohio 43225 Gary W. & Lori Kinman 6080 Post Road Dublin, Ohio 43017 Christopher & D.P. Cline 6060 Post Road Dublin, Ohio 43017 E I & ~1. Seqner 7340 Dublin. Road Dublin, Ohio 43017 B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND. 1. Proposed Use or Development of the Land: 4 bui lding office -..Como 1 ex. PLANNED DEVELOPMENT ZONING 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 Zoning Districts, such plans or other exhibits would be helpful to the review of this application: I Plans anLhibit~ submitted: Plot Plan ; Building Plan ; Development Plan ~ Sketch ; Photographs_; Other - - (specify) I 2. State briefly how the proposed zo~ing and development relates to the existing and probable future land use character o( the' vicinity. T ed industr We beleive the office use and the design of the proposed building is more in keeping with the residential areas on the north side of ost road. Pagp. 2 0 r 3 p;tgc s 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. H Yes~ state the basis of reconsideration. , f C. AFFIDAVIT , Before completing this application and executing the following affidavit, I it is recommended that this application be discussed with the Building Inspector I ' to insure completeness and accuracy. Present owner of property: Lillian Orr C/O Frank Orr 2955 Tremont Road APPLICANT'S AFFIDAVIT Columbus, Ohio 43221 STATE OF OHIO COUNTY OF FRANKLIN, 1 (WE) Robert M. Stewart, Sr. (Has property in contract) 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 rm ation or attached exhibits tho roughly to the best of my/our ability present the arguments in behalf of the application here- \\ith 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 bel ~ //JJ ' - tPlfp/.v:;/ l . .. . . (sign . re) C/O Remarks, Inc. 7155 Post Road P.O. Box 1802 . ~ Dublin, Ohio 43017 - (mailing addre s s) ) PRESTON M. ALESHIRE . NOTARY PUBLIC. SlATE OF Oll/O My COMMISSION EXPIRES SEPT. 25, 1991 . Phone: 614-889-5867 Subscribed and sworn to before me this 1$ ~U 19 n . ary Public Person to be contacted for details, if other than above signatory: (name) ( address) (telepht. .:) --------------------------------DONOT WlUTE BELOW THIS LINE-__________. D. RECORD OF ACTION I 1. Withdrawn Held to (date) (date) I 2. P & ZC: Date of Hea ring Approved ; Disapproved Modificd I 3. Vill:lgc Council: Date of Ilea ring , Approved ; Disapproved Modificd }-:1-.. ,.., t" 1 n r .., , ') '., . The applicant/owner hereby acknowledges that approval of (his) (her) (its) request for Reclassifir.ation of T.;'Inn "oy the Dublln Plann!ng and Zoning Commission and/or Dublin Village Council does not constitute a guarantee or binding commitment that the Village of Dublin will 'of! able to provide essential services such as water and sewer facilities when needed by sald applicant. The Village of Dublin will make every effort to have these services available a::. needed. However, the rapid growth Q-f the Vlllage of 9ublin and Northwest Franklin County has stretched the Village's capacity to provide these services to ~ t:he limit. As such, the Village of Dublin nay be unable to nake all or part of said facilities available to the applicant u:1til some future date. - ~he undersigned hereby acknowledges and understa:1ds - the foregoing. / /''1 /~7 t//.. DATE I / authorized On behalf of: ~~ r:;?/~ :7' ~.aa-'-.-t ~ ~ /" --//I'/~" / /f {!::J /.1-- /" v ~......,..... / /'. L~-<---..k } ( -. -- , , - A?PLICAN~ / ~ .~.-,_. ~ . ~ N 3054'2.0.W 270.16'{-, ~IO ~0 to - I ~ D = -..:t ill OJ.. ~ N , (/) \..LI rn 0 ill a..: r{) ('\J t ~ I- ~.. '0 If) Ql r- 0 0 UJN ~o.. ~ . ~ o ~. LILLIAN O~R z ~ 0 2,02.4 AC. (TO <l) ~ e.EMAINING F120M ~ ~ 0'2.1&. 1'2.1. 5'2.8 AC. _ ~" - ~ V) <;..) ~ _ D. B. lOCo '2, P. 5 e , N o~ _ Q.. AFF. B. 18) ~ '2.0(0 ~ If) o ~ ON: 0 LlI 0 \30 : D 0 \.9 (\J co <0 -l ui 0 \., CI) I.t) o . o ('J ~ I.r) I <0 to 00 f"0 lI) __ 0 If) - (\J . I '0 ., j~ iY) "'-... I, ""l., V ~.., (J 5 30 54' 20" E. I ~ ..--- -..... t. - - - - co' o. - ~- Ii,t'") ) I Lj,,, I u:- As~ 10042',"3'2."1 ,frJ 2.0'24 Ac. CH!l: (03.2.4 - IN V. M.S. N ~'l.o 35' 5~" W 2542 D - ~ ~ J UBLlN OH 10 FO~ Me. BASI5 OF ~E.AS2.1 NGS : ) AS5UMED MER1D1AN F~ANK OR.R ~ (PLAT pgt:.PARED F~OM B~ST AVAIL- ME.T20 t\10RTH BU5\NES5 A5LE 2Ecoep~. NOT PA~K" . R B. G,~. ~ '71 - FIWM A FIELD SU~VE.Y) C.P. BIS2.D ~ \:2.J. BULL, LTP. SCALE.: I":, SQ' 2.875 W. DUBL'N-G~ANVILLE OCT. '2.3, I~el WORTH' NGTON, OH 10 SV-743'2. . . C.F.S2HO & R.-.J.BULL. L TO. 2875 W. DUBLIN-GRANVILLE RD, CONSUL TING ENGINEERS/SURVEYORS WORTHINGTON, OHIO 43085 614-761-1661 Rlchllrd .J. Bull, PE, PS .Jerrv L. Turner, PE Chllrlo" .J. Coghllln, PE Chllrloa F. Bird Ch.lrm.n Viae Ch.I,.."..,.n a.cr. t;.,..v. Tr.. .u,..,.. Chairman Ern.,.It;u. October 23, 1987 DESCRIPTION OF 2.024 ACRE TRACT OWNED BY LILLIAN ORR ON POST ROAD, DUBLIN, OHIO FOR MR. FRANK ORR , Situated in the State of Ohio, County of Franklin, City of Dublin, in Virginia Military Survey No. 2542, and being a portion of an orig- inal 121.528 acre tract of land conveyed to Lillian Orr oy deed of record in Deed Book 1062, Page 581, and Affidavit Book 18, Page 206, Recorder's Office, Franklin County, Ohio, and bounded and described as follows: Beginning, for reference, at a point in the centerline of Post Road, at the northwest corner of Metro North Business Park, as shown of record in Plat Book 66, Page 71, Recorder's Office, Franklin County, Ohio, and at the northeast corner of a 25.000 acre-tract of land conveyed to Olde Paste Properties by deed of record in Official Re- cord 274, Page B 11, Recorder's Office, Franklin CountYr Ohio; thence N 570 14' 40" W along the centerline of Post Road and along a north line of said 25.000 acre tract a distance of 400.82 feet to a point of curvature; thence northwesterly along a portion of the c~rved centerline of Post Road, along the curved north line of said 25.000 acre tract and with a curve to the le!t, data of which is: radius = 338.83 f~et and sub- delta = 100 42' 32", a sub-chord distance of 63.24 feet bearing N 620 35' 56" W to a point at a corner of said ~5.000 acre tract and at the true place of beginning of the tract herein intended to be described; thence S 30 54' 20" E along a line of said 25.000 acre tract a dis- tance of 236.04 feet to a point at a corner of said 25.000 acre tract; thence S 860 06' 20" W along a north line of said 25.000 acre tract a distance of 332.49 feet to a point at a corner of said 25.000 acre tract; thence N 30 54' 20" W along a line of said 25.000 acre tract a dis- tance of 270.18 feet to a point in the centerline of Post Road and at a corner of said 25.000 acre tract; thence N 860 06' 20" E along the centerline- of Post Road a distance . of 184.28 feet to a point of curvature; Page 1 of 2 ASSOCIATES: DllIvld M. BrllV, PE Ted L. Robln.on, PB .J. Fred Wicker, PS ~ October 23, 1987 thence easterly along a portion of the curved centerline of Post Road and with a curve to the right, data of which is: radius = 338.83 feet and sub-delta = 250 56' 26", a sub-chord distance of 152.10 feet bearing S 800 55' 24" E to the true place of beginning; containing 2.024 acres of land more or less and being subject to all legal highways, easements and restrictions of record. The above description was prepared by Richard J. Bull, Ohio Surveyor No. 4723, of C.F.Bird & R.J. Bull, Ltd., Consulting Engineers & Surveyors, Worthington, Ohio, from an actual field survey in April, 1975, of tne tract of land of which said 25.000 acres is a part and from an actual field survey in July, 1980, of Post Road, based upon Ohio Department of Transportation plans. Basis of bearings is an assumed meridian. ...........".""" .~ c 0 F "" .. ~ '" 0 " ~ / . ~ ......... .L. ", . "\i<' .' ". ., " e ~ ,,'" R,^u."n '. ,/', . r;[.' 0 ; .. ,"".', , ~ :"': J "01 Richar J . ~, i f euiL ~; Ohio Surveyor # 47 3 \ .; \~^ S..n2J' r.:;/ ,-;. J \.. ".' - U' "'~ I 'f t "..' <l:- / h . ~ .' , ..,. v ......... ~ " """ R V E i ,.,., "I-~.,.. "..... ft.""" Page 2 of 2 EXHIBIT "C" Excerpt from Minutes of Planning and Zoning Commission Meeting February 4, 1988 2. Rezoning Application Z88-002 - Suburban Office on Post Road Mr. Berlin moved to approve the rezoning application with the fo llowing conditions: A. Verification of existing Post Road right-of-way in front of the site (60 feet in accordance with the Major Street Plan) and dedication of a total of 30 feet from centerline if not yet acquired. B. Preservation of mature trees (over 6 inches in diameter) in setback as required by Dublin Landscape Code. C. Observance of a minimum 30 foot setback for both parking and building. D. Coordination of landscaping material with the larger South-of-Post plan. E. Observance of Dublin sign regulations. F. Keeping the mounding down so that one can see the traffic upon entering and exit ing the driveways. G. That the storm water retention meets Code. H. Examine closely the location of the driveway placement to assure maximum sight distance for people leaving the site, entering onto Post Road. 1. Eliminate three parking spaces. Mr. Geese seconded the motion. The vote was as follows: Mr. Grace, abstain; Mr. Reiner, abstain; Mr. Geese, yes; Mr. Berlin, yes; Mr. Jezerinac, yes; and Mr. Amorose, yes. Minutes of Meeting Planning and Zoning Commission February 4, 1988 Page Four 2. Rezoning Application Z88-002 - Suburban Office on Post Road Ms. Clarke presented the following information as well as showing slides of the site: A. The property is about half way between Coffman Road and Avery Road on the south side of Post Road. B. It currently contains a two story, single-family house. C. The property on the south side of Post Road is all zoned LI. The property on the north side of Post Road is zoned R-l and PUD for single-family houses. . D. The site is located at the point where there is a bend in Post Road. E. _ Several months ago the applicant filed a Conditional Use application for a small office project (four office buildings). F. Staff examined the request and after considerable deliberation felt that they could not support a Conditional Use in the area; that the real thing that was wrong on the south side of Post Road was that the LI was an in- - appropriate zoning district. To confer Conditional Use on the property would leave the LI zoning in place. The second problem with the application was that this particular develop- ment would have required numerous variances for the development standards in the LI District. Staff felt that the most appropriate thing in the area was to put a zoning in place that was appropriate. The applicant was consulted and was convinced to re-file, thus his application for a Suburban Office District. G. ~taff feels that office use is the best use on the south side of Post Road. H. This is a peculiar parcel and it is small. It does not have the depth or the size of the rest of the parcels in the area. A lOa' setback has been suggested for all of the other parcels, but with a depth of 250' a 100' setback seems to be an extraordinary hardship for this particular site. I. The site plan uses a 30' setback with four structures on the site. J. Staff thinks that the SO zoning is appropriate at this location. K. Staff recommended approval with several conditions: 1) Verification of existing Post Road right-of-way in front of the site (60 feet in accordance with the Major Street Plan) and dedication of a total of 30 feet from centerline if not yet acquired. 2) Preservation of mature trees (over 6 inches in diameter) in setback as required by Dublin Landscape Code. 3) Observance of a minimum 30 foot setback for both parking and building. 4) Coordination of landscaping material with the larger south-of-Post .plan. S) Observance of Dublin sign regulations. Ms. Clarke noted that the above conditions had been discussed with the applicant I and that the applicant had been amenable to the conditions. Minutes of Meeting Planning and Zoning Commission February 4, 1988 Page Five It was noted that there would be approximately 20,300 square feet of office space on a site of just over two acres. Mr. Jezerinac mentioned a concern about the height of the buildings; 33 feet, with a residential situation across the street. Ms. Clarke pointed out that the height district in residential areas is 35 feet. She also noted that the height of a building with this type of roof is measured to a point which is midway ~etween the eaves and the ridge line of the roof. (By Dublin's Code). She also noted that the actual height is 33 feet to the peak. Mr. Bob Stewart, Jr. was present at the meeting, representing his father Mr. Bob Stewart, Sr. Mr. Kevin Flaherty~ the architect, ~nd Mr. Torn Hampton, the builder, were also present. Mr. Stewart said that they would anti~ipate using at least one of the buildings for their business (Remarks, Inc.) and that the rest of the usage will be - determined (general office). - Mr. Christopher Cline, representing contiguous property owners as well as him- self, said that they had been concerned about the possible problems in the development of these smaller parcels. He noted that it would be a move from an offensive use (LI) to a much nicer use (Suburban Office). .. He also noted that_he had no problem with the height of the buildings and that the intensity of the use would meet the SO standards. Mr. Jezerinac expresseu a concern regarding the density and the placement of the buildings that Glose to the road - what will happen on the adjoining parcels? Ms. Clarke said that staff is looking for virtually the rest of Post Road to be developed on the internal east/west street. Mr. Ralph Halloran, a resident of Post Road, said that he had no objection to the project, but did note that he had some technical questions. Mr. Halloran noted that the property is on a very dangerous curve and wondered where the curb cuts would be placed, getting them off of that dangerous curve. He also mentioned that the curve point, at the median part of the curve, be kept as low as possible so that a driver can see over it, not planting any trees right on that curve. He suggested moving the visibility of the curve as far back as possible, placing the entranceways on either end of the lot away from the curve. Mr. Willis said that he agreed with Mr. Halloran; that sight distance along the curve could be a problem for both the traffic on Post Road as well as for the people coming and leaving the driveway. He also requested that close attention be paid to the actual location of the driveways when the development plan is prepared and noted that the east will be the most difficult direction to see. .... Minutes of Meeting Planning and Zoning Commission February 4, 1988 Page Six Mr. Willis also said that Mr. Halloran's suggestion of grading the bank down and keeping it as low as possible so that people on Post Road can see around the curve is a good suggestion. With regard to the storm water, it was noted that the drainage issue would be addressed in the development planning stage. Mr_ Berlin moved to approve the rezoning application with the following conditions: A. Verification of existing Post Road- right-of-way in front of the site (60 feet in accordance with the Major Street Plan) and dedication of . a total of 30 feet from centerline if not yet acquired. B! Preservation of mature trees (over 6 inches in diameter) in setback as required by Dublin Landscape Code. C. Observance of a minimum 30 foot setback for both parking and building. D. Coordination of landscaping material with the larger south-of-Post plan. E. Observance of Dublin sign regulations. F. Keeping the mounding down so that one can see the traffic upon entering and exiting the driveways. G. That the storm water retention meets Code. H. Examine closely the location of the driveway placement to assure maximum sight distance for people leaving the site, entering onto Post Road. I. Eliminate three parking spaces. Mr. Geese seconded the motion. The vote was as follows: Mr. Grace, abstain; Mr. Reiner, abstain; Mr. Geese, yes; Mr. Berlin, - and Mr. yes; Mr. Jezerinac, yes; Amorose, yes. 3. Final Development Plan - Marhill at Muirfield - Muirfield Village Phase 37 Ms. Clarke showed slides of the site and had the following comments: A. The application was heard informally at the last meeting. B. It is for a total of eight (8) lots on five (5) acres for a density of 1.6 dwelling units per acre. C. It is in an area sandwiched between The Woods of Muirfield and The Fairways. Mr. Willis reviewed the engineering comments that were on the staff report which were as follows: A. Modification of the typical street section. Suggestion that both typical sections for local streets be shown on the plans so that marketplace variable~ can be used to determine which section will be built. B. Removal of existing curb and gutter along Greenstone Point for the entrance of Dundin Court. Note on the plans indicating that no remaining section of curb adjacent to that which is removed shall be less than five feet in length.