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Home My WebLink About063-89 Ordinance Amended RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. _m__63-:-:8_9_n__{Amended) Passedm____ n ____mmm _ m19 m_ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DUBLIN BUILDING SYSTEMS REGARDING WATERLINE CONSTRUCTION WHEREAS, on May 25, 1989 the Dublin Board of Zoning Appeals approved the Conditional Use Application (CU89-001) for the Nestle Foods Corporation building to be located on the west side of Eiterman Road; and, WHEREAS, Dublin Building Systems, owner of the property, was requested to extend the waterline across their property to their southwest property line; and, WHEREAS, this condition would also require the extension of the waterline within the public right-of-way across the property which is to their north; and, WHEREAS, it is requested that the City of Dublin provide assistance in the cost of extending the waterline; and, WHEREAS, it is necessary to oversize this line to provide for future development. 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 City of Dublin assist in the cost of extending the waterline to the Nestle Foods Corporation building by paying part of the cost of extending the waterline along the Adria Laboratories in an amount not to exceed $12,000.00, said cost to be reimbursed at such time that the proposed building has a building permit issued. Section 2. That the City Manager is hereby authorized to enter into an agreement for the payment of this amount in addition to the normal cost of oversizing, and that the agreement provide for a payback of proportionate costs by any intervening property owner who later taps into this line. Section 3. That this Ordinance be and hereby is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the residents of the City of Dublin, Ohio, and therefore shall take effect and be in force immediately upon its passage. Passed this 11th day of July , 1989. .. - Attest: - ~P~'?1- 1fc-~ I hereby certify that copies of tl1is Ord;nance/Resolution were po fed in tl City of Dublin in aC<Ordance with Section 731.25 of the .io Revi ed COWl lerk of CouncIl ~J/th~P~~~ Oerk of Ceunci/, rin, Ohio Sponsor: City Manager ~BS Development Company ':'i.~:"":'.'"'JerCia/ ,~;?2i :5:'.][5' Ce ,~>'~'L',~'~~~,':'- ,; , ~ "~ ...,.., June 9, 1989 Mr. Timothy C. Hansley City of Dublin , 6665 Coffman Road Dublin, Ohio 43017 Dear Tim, On May 25, 1989 the Board of Zoning Appeals approved the Conditional Use Application CU89-00l for the new Nestle Foods Corporation building to be located on property we own on the west side of Eiterman Road. Official records of the Planning and Zoning Commission and Board of Zoning Appeals will show that we have agreed to comply with every request made during both hearings. These requests include removal of the billboard, piping and closing the drainage ditch along the Eiterman Road frontage, installing oversize sewer and water lines, and extending the sewer line across our property to the south east property line to accommodate future Dublin development. There was one BZA request that we felt obligated to accept in order to preserve the commitment of Nestle Foods, but that we feel places undue hardship on DBS Development Company. That request is to extend the water line across our property to the south east property line. This request was prompted by a neighbor who owns substantial development property nearby in Washington Township. The problem lies with the cost to extend the water line approximately 550 feet beyond our building connection point. While we have agreed to extend the sewer line a similar length, we feel that cost is justified because the sewer tap is adjacent to our north west property line and we have no abnormal expense associated with accessing this line. . The water line, however, is located at the Post Road - Eiterman intersection, some 2,470 feet distant from our north west property line. If Dublin had previously required property owners to extend utilities through their properties to accommodate future development, , the water line would have been located at the south east corner of Adria Laboratories property, some 1290 feet closer to our property. Our issue is that we are being unduly penalized because we are required to accept a condition that has not been accepted practice in Dublin in the past - to extend utilities beyond the point of connection when they are located within a public right of way or utility easement. Mr. Paul Willis had previously agreed to permit us to extend the water line only up to the point of connection to the Nestle building. Further, this condition was placed upon us at the request of a property owner who wished to avoid costs to bring utilities to his property line, a cost that most if not all developers have been paying in Dublin, a cost that we had previously volunteered to pay for this property. It should also be noted that the property owner who made this request is concerned with property located in Washington Township, which is obviously not in the Dublin service area. We are therefore bearing two costs, one to bring the water line to our property line, the commonly accepted practice in Dublin, and the second to extend the line within the public right of way through our property to accommodate our neighbor. We submit that this second requirement is not common practice in Dublin and that Adria Laboratories was not required to do it. ~ , It is therefore requested that the City of Dublin provide us assistance in the excess costs of extending our water line by partially compensating us for our costs to extend the water line through the Adria Laboratories property. These costs are summarized on the Table below. , Table 1 WATER LINE LENGTHS ALONG EITERMAN ROAD Length of water line extension. Lineal feet Post Rd. to SE property line of Adria 1,290 Post Rd. to point of connection at Nestle Building 2,780 Point of connection at Nestle building to SE property line 557 It is estimated that the cost to extend the water line along Eiterman Road will be $20.00 per foot. The Table below summarizes the costs to bring the water line to various points along the Eiterman Road right of way. Table 2. DBS DEVELOPMENT COMPANY COSTS Cost of water line extension. Post Rd. through Adria Lab property $25,800 Post Road to Nestle building 55,600 Nestle building to SE property line 11 , 140 ~ . , . DBS Development Company therefore requests that the City of Dublin assist in the cost of extending the water line to the Nestle Laboratory building by paying part of the cost of extending the li~e along the Adria Laboratories property. The amount of the request is $11,140, which , is equivalent to the cost to extend the water line from the Nestle building to the SE Nestle property line. It should be noted that the water line extension concession we granted at the Board of Zoning appeals hearing was necessary to avoid the possibility of disapproval of the conditional use application. Such disapproval would have caused Nestle to cancel its contract to purchase the site. Nestle Foods is a desirable business for the City of Dublin. Nestle will bring approximately eighty-five technical and management jobs to the community. The Nestle Nanolab facility will be attractive and in-keeping with the image Dublin is seeking for the u.S. Route 33/161 corridor. Your assistance in obtaining this committment from the Dublin City Council will be appreciated. Sincerely, " ~~S(;.W~ Luis G. Weil President ~ 1 . I . I I , I f I I I 1 l : I ~ " j j j { , } r ~ i 1 I I ~- " :... ~ '\1 '":JZ tdl-tJ f-'1-tJ 'i ro C 0 f-'.o , 0 Ul f-'. Ul ~ Ul 'D rt f-'rt ro rt 1 ro f-' p. 'i ro f-'. :;0 0 :;0 , rt I ~ P. H1P. \ j "<: tJj ()Q . . . i C ;t> I , r-< f-'. rt p.rt f-'; f-' I 0 'i 0 I ~ p. I f-'. I ro f-'. Z PJ Cfl I ~ I ro trl 1 ()Q ! Ul rt "j : I rt i f-' 'i 0 ro 0 'D Cfl ro trl 'i rt . "<: