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HomeMy WebLinkAbout003-87 Ordinance RECORD OF ORDINANCES < National Graphics Corp., Cols., O. Form No. 2806-A Ordinance No.....<U-:-81_________ Passed_m.n munm__.._________ mm_______19._._ - AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 46.i! ACRE TRACT LOCATED ON THE WEST SIDE OF DUBLIN- BELLPOINT ROAD (S.R. 745) AT THE DELAWARE COUNTY LINE. TO BE REZONED FROM: R, RURAL DISTRICT, TO: P.L.R., PLANNED LOW DENSITY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 6 of the elected members concurring: Sect ion 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 P.U.D., 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 Village of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous 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 1st day of June 1987. , Mayor - Presiding Officer CERTIFICATE I. _ Frances M. Urban . Clerk of Council. heretly err';!" ~" , '~~ fl)regoing4sa. tr.tJe'coPY;V~ OIdinance No, 03-87 duly adopted by the council of the VIii 5~ Of Attest: Dublin, Ohio: on ttr~ . 1 s t day of June, 1987 J~ 7/;. ?t-~ Clerk of Council Sponsor: Planning Department I hereby certify that copies of this Ordinance/Resolution were posted in the Villa~e of Dublin in accordance with Section 731.25 of the Ohio Rc~ised Cilde. ,-/<f~Y7J,~ Clerk of Council , VILLAGE OF DUBLI~ PLANNING AND ZONING COMMISSION AN APPLlCA TION FOR AMENDMENT For P & ZC Use Only OF THE VILLAGE OF DUBLIN Application No. : ZONING DISTRICT MAP ZM '?-f36 -0/0 (Reclas sification of Land) Date Filed: 'I - z.~ -8~ Fee ~eceipt ~.::?" - a/;{) Received by: ,'-2.. / __ __ _ Please type or prir.t information - Use additional sheets as nece ssary -.. --- TO THE HONORABLE PLANNING AND ZONING COMMISSION: The Applicant, Bob Webb Buil~pr~, T11C , Being the owner (s), /lessee (s) of property located within the area proposed for reclassification of land/ special use or development, requests that the following Planned Low described land to be placed in the Density Residential Zoning District (s)/ Special District (s). A. DESCRIPTION OF LAND TO BE RECLASSIFIED l. Gene ral De sc ription of Land (de scribe by one of the following: ) a. Lot(s)i Reserve (s) of ---------.- ---- , a recorded plat, with an area of Ac res! 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 dimension of from the (specify) of --- (street or other), and having an area of - c. The t rac t of land containing ____._ Ac re s and bounded by: -----_# (specify) on the N SEW (circle) - -------. -~--_. - - (specify) on the N SEW (ci rcle) ---- ___(specify) on the N SEW (circle) ------------.t------- - ----.--..--( specify) on the N W E W (circle , d. Attached legal delllcription: YES X NO ---- p-:,ge 1 oi3 Page 2 of ZM Map of proposed Zoning Dis'trict 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 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. 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 irom such area proposed to be rezoned. The addre s se s of the owners shall be those appearing on the County Auditor's current tax list or the Treasurer's mailing list. NAME ADDRESS Muirfield Ltd. 6050 Tain Drive, Dublin, Ohio 43017 Robert S. Hoag 65 S. 5th St , rn11lmtmi Ohio 43215 . Profession~l ACQuj~it;nns Corp. 777 Goodale Rlvn rn1 l'mb~~, Ohio 43212 c/o Muirfield Ltd. Muirfield Association, Inc. 6050 Tain Dr., Dublin. Ohin 41017 Deer Run Ltd. c/o Cardinal Distribution 755 Metro Place, S. , Suite 925,Dublin,Oh Attn: Ruth Bennett, 5100 Post Rd. 4301 Robert Fergus Dublin, Ohio 43017 Kerry Glen Associates ~gf~ib~~n 8g~~~jJrs, 941 Chatham Lane B. ARGUMENTS FOR REC LASSIFICA TION OF TH~ D RIBED LAND. --.- l. Proposed Use or Development oi the Land: Residential PLANNED DEVELOPMENT ZONING DISTRICTS and SPECLAL 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. 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 and probable future land use character of the' vicinity. The proposed development is ~oDsistent with ~lrroundin9 d 1 ove opments. the property is bordered on the north, west arrl south bv existing single family development which is part of Muirfield Development and the east by single family development --.-... ---------..-- p ., g c 2 0 f 3 ,) ')5 :'.; 5 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. 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. APPLICANT'S AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLI!'\, 1 (WE) Jetfrey L. Brown, attorney for the owner being duly sworn, depose and say that 1 am/we are the owner (s)/lessee (s) of land included in the application and that the foregoing statement herein con- tainerl and attached, and information or attached exhibits thoroughly to the best of my/our abilit), present the arguments in behalf of the application here- with 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. BOB WEBB BUILDERS, INC. BY: (signature) (mailing address) Phone: Subscribed and sworn to before me this day of , 19 . Notary Public Person to be contacted for details, if other than above signatory: (nam e) ( address) (telephone) _uuuu______________u__hu_DO.NOT WRlTE BELOW THIS LINE------------- D. RECORD OF ACTION 1. Withdrawn Held to (date) -- (date) 2. P &: ZC: Da te of Hea ring._ _ ____.n._ _.d.____ .-- ~ -------------------- .~ pproved ._..___: Disapproved Modified 0'- ___.._ ._..~_ --- -_..~._-_.-- 3. Village C.:>'_iOdl: T"'~;t~ (.f l!;~;. .-i;:.g .. ~. >? r :. \,' -:. "i . ~-,:~.;.-, ; .. ...: n. ~..~ .: . 1"11 r i .: d . -.. ~ ----- -, ": :..:; 3 ,) f 3 .:~. i ": 5 .- 'BAUER, DAVIDSON & MERCHANT, INC. . , CONSUL liNG ENGINEERS 2607112 NORTH HIGH STREET COLUMBUS, OHIO 4~202 NAP OF A'pP~O...t'/MATELY ~t:. 7 AC,eES Or LANL/ t LOC4TEP oN 777c WESTERLYS/L/c or STATe ROUTE 745 (Ot/t!JL/N-8ELLcPO/A/T ~OAb) Bcr~~~N GL/Ck ROAi? ~ ANO McM()~/AL I)R/VcJ /# ~ART; /A1CONCOR.LJ 70WNSH/~ ~ OeL.AJVAR~ ~oHTY ANL/, /#'p.-9~T /N J1/AS~/NC;TOA/ t , TOIVN5h'/~ .F.RANKL/N' COUNTY ~ 0#/0 .~ CY/Jt$~!I v'///o.1~ D~ ~6//n ~~ I ~ c- Co~on;/r/o/? b/)~ {t::rd /Va /3-73) ~ ~ I ~";~:1) ~ .t \J . MUIRfiELO V/Ll.A6c PHASe.r C'-~' gA :'9....< 18.9 M{//~neLO ~~ ~ I P B. 4 ~ P/? 8<! 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J i . , . 86068002 May 14, 1986 DESCRIPTION OF APPROXIMATELY 46.7 ACRES OF LAND LOCATED ON THE WESTERLY SIDE OF STATE ROUTE 745 (DUBLIN-BELLEPOINT ROAD) BETWEEN GLICK ROAD AND MEMORIAL DRIVE, IN PART, IN CONCORD TOWNSHIP, DELAWARE COUNTY AND, IN PART, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO (AREA SOUGHT TO BE ANNEXED TO THE VILLAGE OF DUBLIN, OHIO) Situated in the State of Ohio, in part, in Township of Concord in the County of Delaware and, in part, in Township of Washington in County of Franklin, being in Virginia Military I Survey No. 2545 and containing approximately 46.7 acres of land, i more or less, said 46.7 acres being more particularly described as follows: Beginning at an angle point in the existing Village of Dublin corporation line (as established by Ordinance No. 13-73 and recorded in Miscellaneous Records Volume 159, Page 38, Recorder's Office, Franklin County, Ohio), said beginning point I being located 30 feet westerly from, as measured at right angles, the centerline of said State Route 745, said point being in the northerly line of the Linda A. Welch 6.650 acre tract and I in the southerly line of that tract of land now or formerly owned by Muirfield Ltd., said beginning point also being in a westerly line of existing Village of Dublin Corporation line (as established by Ordinance No. 64-77 and recorded in Miscellaneous Record Volume 169 Page 529, Recorder's Office, Franklin County, Ohio; Thence southerly, with the existing Village of Dublin corporation Line (Ordinance No. 64-77), with a line parallel with and 30.00 feet westerly from, as measured at right angles, the centerline of said State Route 745, crossing said Welch 6.650 acre tract and crossing Shangri-La Acres, Inc. 47.58 acre tract (40.93 acre residue), the following two courses and i distances: I i a distance of 497.0 feet, more or less, to I 1.) southerly, I an angle point: \ I \ 2,) southerly, crossing a southerly line of Delaware County and the northerly line of Franklin County at a distance of 342.0 feet, more or less, a total distance of 374.0 feet, more or less to a point in the southerly line of said Shangri-La Acres, Inc. 47.58 acre tract, said point being at the I northeasterly corner of Muirfie1d Village Phase 13, of record in Plat Book 55, Pages 65 and 66, Recorder's Office, Franklin County, Ohio, said point also being an angle point in the existing Village of Dublin Corporation line (Ordinance No. 13-73) ; Thence westerly, with the existing Village of Dublin I corporation line (Ordinance No. 13-73), with the southerly line of said Shangri-La Acres, 1nc, 47.58 acre tract, the same being I the northerly line of said Muirfield Village Phase 13, a distance of 2361.0 feet, more or less, to the southwesterly corner of said Shangri-La Acres, I nc. , 47.58 acre tract, the same being the northwesterly corner of said Muirfie1d Village Phase 13 and in the easterly line of Muirfie1d Village Phase I, of record in Plat Book 49, Pages 84, 85, 86, 87 and 88, Recorder's Office, Franklin County, Ohio and in Plat Book 12, Pages 1, 2 , 3, 4 and 5, Recorder's Office, Delaware County, Ohio; Thence northerly, with the existing Village of Dublin Corporation line (Ordinance No, 13-73), with the westerly line ot said Shangri-La Acres, Inc. 47,58 acre tract and with an easterly line of said Muirfield Village Phase I, a distance of 861 teet, more or less, to ~n angle point in the existing V illage or Dubl tn c.:) (p'n.-~ t ton 1 ins (Otd inMice No. 13 -73) ; ~: .\. ~ ell) f 2 :;~ '.; ~:, s I r I . 86068002 May 14, 1986 , , DESCRIPTION OF 46.7 ACRES OF LAND (Cont'd) Thence easterly, with the existing Village of Dublin Corporation line (Ordinance No. 13-73), with the northerly lines of said Shangri-La Acres, Inc. 47.58 acre tract (40.93 acre residue) with the northerly line of said Linda A. Welch 6.650 acre tract and with the southerly lines of said Muirfield Village Phase I and Muirfield, Ltd. land, a distance of 2334 feet, more or less, to the point of beginning and containing approximately 46.7 acres, more or less, 19.7 acres, more or less, of said 46.7 acres being in Concord 'Township, Delaware County, Ohio and 27,0 acres, more or less, of said 46.7 acres being in Washington' Township, Frankl.in County, Ohio. i I I I j I I I I I I ! I I ! I I ! I ! . PAGE 2 OF 2 f'.\'-;~S . RESPO~SE TO SECTION 1181.02(2) OF.TH~ DUBLIN VILLAGE CODE A. The proposed location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan. See development plan. B. The proposed size, location and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces. See development plan. C. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness. The water and sanitary lines run along SR 745 in front of the site. Applicant will comply with the Village's storm sewer requirements. D. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness. See development plan. E. The proposed schedule of site development, construction of structures and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features. Such schedule shall include the proposed use or reuse of existing features such as topography, structures, streets and easements. The site will probably be developed in two phases depending on market conditions with site work to begin Spring, 1987. The proposed development 1S for high quality single family residences. Efforts have been made to incorporate the topography of the site 1.n the location of open space and the lot layout. F. The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services and other public improvements. The site is surrounded on three sides by single family development which is part of the Muirfield development. The property to the east is also developed with single family housing. The proposal is consistent with the current and future land use plans for the area. G. Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary. Applicant owns the property. ?;'];." .~~-...-_.:,-_...~-- "._- '~-.- "~"'-' '. . ' , ,- ' ..' - -. -. .--- - ,0' . . .- ~ 1'"';. ~. .. ~ " - .- .~ -. -.. . . a,_ : ;'. ~,.,..." '. .-, . '.',... '.~ .~ ~ " ... ..::... ':. ...... .-" ". ~ .-i::~:>f':": :. .. .. .~ '" ...r .... , .. -. . . " . . .' - '..-.. .'. . - .- ~ ~~;-~~';~~A~~~t:~< . . ,oJ::. ':. ; f~}~ ';~..: . ~ ~f- ,. , ,. ;.;= : '.d~~t~~'-~:: ::-;""'.. " ,;'.;.' .~- . ~. ~ ~t! :::, " .r.: :-' . .. ~ -:- ....,.: ~~ ' . '.. * '.-. ",. -'. - . ~ ~: :.~',;:: .-'" .. ., , . ~ . ---;.. . , .-- ~. ':\:.. .. .. . .~. ..... ' " .. . -. ,. i EXHIBIT "C" Recommendation of the Planning and Zoning Commission - Meeting of April 16, 1987. Mr. Berlin moved to approve the rezoning application with the following conditions: 1. The dedication of the right-of-way for 40 feet from centerline along Dublin Road. 2. Commitment on contribution to left turn lane on Dublin Road. 3. Commitment to work with the Parks Horticulturist on the western portion before placing utilities to preserve major trees. 4. Estab lishment of a no build zone along the park on the final plat. 5. Elimination of a minimum of one, or as many lots as necessary, to accommodate the unique lay of the land on the northeast cul-de-sac to accommodate all necessary erosion controls and storm water detention or retention. 6. Will do the varied setback on the stream; that there be a 100' buildable setback with a 35' minimum rear setback and a 25' front setback. This information will be put on the final plat. 7. That on all slopes greater than 3 to 1 that the trees be maintained to maintain the angle of response on the soil for purposes of erosion control. 8. The elimination of one of the lots on the south side would be a great improvement on the other lots. Mr. Amorose seconded the motion. The vote was unanimous in favor. ,0.