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HomeMy WebLinkAbout044-88 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form No. 2806-A Ordinance No. 44-88 Passed ____________19_____ AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 36.800 ACRE TRACT LOCATED ON THE SOUTH- WESTERN CORNER OF GLICK ROAD AND MANLEY ROAD. TO BE REZONED FROM: R-1, RESTRICTED SUBURBAN RESI- DENTIAL DISTRICT, TO: P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 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 reclassified 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 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 3rd day of October , 1988. Mayor - esiding Officer Attest: C erk of Counc 1 Sponsor: Planning Departmenthereby certih~ that copies of this Ord?Hance/Resciution were posted in th City of Dublin in accordance with Seztion 731.25 of the ~;~io Revised Code, Clerk of Councd, Dubin, Ohio a VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION AN APPLICATION FOR AMENDMENT For P & ZC Use Only OF THE VILLAGE OF DUBLIN Applica ion No. ZONING DISTRICT MAP ZM ~ g (Reclassification of Land) Date Filed: ~ Fee Receipt No. Received by: Please type or print information - Use additional sheets as necessary TO THE HONORABLE PLANNING AND ZONING COMMISSION: The p.pplicant, Professional Acquisition Corporation Purchaser s Being the of property located within the area proposed for reclassification of land/special use or development, requests that the following described land to be placed in the P. U. D. Zoning District (s)/ Special District (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 recorded plat, with an area of Acres/ Square feet, b. Beginning at a point along (street or other) and being feet in a N S E W (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 tract of land containing 36.703 Acres and bounded by: Manley Road (specify) on theOSOW (circle) Union County Line _(specify) on the N S E O(circle) Deer Run School (specify) on the NOS E W (circle) (specify) on the N W E W (circle) d. Attached legal description: YES X NO Page 1 of 3 Page Z 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 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 from 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 LIST B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND. 1. Proposed Use or Development of the Land: Residential Development 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. Plans and Exhibits submitted: Plot Plan X ; 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. This property is west of Muirfield and north of Deer Run School and 14.741 acres that Muirfield sold to the School Board for a future Junior High School. We plan to develop it as a part of Muirfield, which will be consistent with development in the area. Page 2 of 3 pages LIST OF NAMES A~iD ADDRESSES American Italian Golf Club Assoc. 8205 Avery Road Dublin, OH 43017 Board of Education of the Dublin 62 West Bridge St. Dublin, OH 43017 Local School District Dublin Local School District 62 West Bridge St. Dublin, OH 43017 Christine Wilcox 1093 Glick Road Dublin, OII 43017 Wiletta Bougher Apt. 315 2721 West Gulf Road Sanibel, FL 33957 Walter C. ~ Sharon K. Corbett 14244 Worthington Rd. SW Pataskala, OH 43062 Fern E. Huff 9320 Jerome Road Dublin, OH 43017 Edwin L. McCabe 9351 Jerome Road Dublin, OH 43017 ' 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 FRANKLIN, I (WE) Theodore L. Len::er,Vice-President being duly sworn, depose and say that I am/~C~ the a (s) of land included in the application and that the foregoing~s~a~~~~~it herein con- tained and attached, and information or attached exhibits thoroughly to the ' best of my/our ability 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. PR SIONAL ACQUISITION CORPORATION '~a (signature) 6050 Tain Drive (mailing address ) .Dublin. Ohio 43017 Phone: 889-9488 Subscribed and sworn to before me this 30th day of March 19 88 DEUTAN E. MADDEN ~ ~ c.-~, NOTARY F'IiBLIC, STATE OF 8Hi8 ~ -C 1 ~~~G~~(~~--- MY CBMMISSI~N EXPIRES SEPT. 28,1888 Notary Pub 1 i c Person to be contacted for details, if other than above signatory: (name) (address) (telephone) -------------------------PO~NOT WRITE BELOW THIS LINE-____ D, RECORD OF ACTION 1, Withdrawn Held to (date) (date ) 2. P & ZC: Date of Hearing Approved: ;Disapproved Modified 3. Village Council: Date of Hearing Approved ;Disapproved Modified Page 3 of 3 pales The applicant/owner hereby acknowledges that approval of ( his ) (XEI~~~CR~~ request for P. U. D. Zoning by • the Dublin Planning and Zoning Commission and/or Dublin Village Council does not constitute a guarantee or binding commitment that the Village of Dublin will be able to provide essential services such as water and sewer facilities when. needed by said applicant. The Village of Dublin will make every effort to have these services available as needed. However, the rapid growth of the Village of Dublin and Northwest Franklin County has stretched the Village's capacity to provide these services to the limit. As such, the Village of Dublin may be unable to make all or part of said facilities available to the applicant until some future date. The undersigned hereby acknowledges and understands the foregoing. March 30, 1988 DATE Signature of Applicant or authorized . representative thereof. On behalf of: PROFESSIONAL ACQUISITION CORPORATION APPLICANT i l ~ i 0 ~ 1 ~ R-i ~ ~ ~ s~te~ ~ area ~l y PUD ' °s - PUD D A W - - ' - ~_FL~i-' I ~ OF r' ~ ~ PUD ~ Z ~ .A V~~ ~ ~ I0 0 ~ R- I ~ ~ 1 9R~N0 R - I MiH I ~ I ,1 ~ fp k R_~•~ I. - _ P U ~ - z \ R - ~ ~ ~ O ~ - ~ Z88-007 z I REZONING PU p ~ APPLICATION ~ Exercept from Minutes EXHIBIT °C° PLANNING AND ZONING COMMISSION MEETING AUGUST 4, 1988 Mr. Berlin made a motion to approve the Rezoning Application subject to: 1. Final approval of the pending annexation to fulfill the open space obligation. 2. Submission of Development standards which are commensurate with existing Muirfield Village, at Final Development Plan. 3. Resolution of the bike path on the west side of Avery Rod down to the school, .accordant to City specifications. 4. Strong consideration that a tunnel for the bike path into the existing Muirfield Village area will be required. 5. Strong consideration that a left turn lane off Avery Road into the development will be required. 6. Resolution of the width of Glick Road, determination on whether it will be a collector, and the direction it will take. 7. Presentation of the storm water retention/detention plan. 8. Strong consideration to flattening the curve from Manley Road where it connects with the existing Glick Road will be required. Mr. Geese seconded the motion. The vote was as follows: Mr. Reiner, yes; Ms. Rausch, yes; Mr. Jezerinac, yes; Mr. Amorose, yes; Mr. Berlin, yes; Mr. Geese, yes. C I T Y O F D U B L I N Department o/ Planning & Development MINIITES OF ~'T*iG AIIGIIST 4, 1988 DIIBLIN PLANNING AND ZONING COMMISSION The Chairman, Mr. Jezerinac, called the meeting to order at 7:40 P.M. Commission members present at the meeting were Mr. Amorose, Mr. Berlin, Mr. Geese, Ms. Rausch and Mr. Reiner. Mr. Grace was .absent from the meeting. Mr. Bowman, Ms. Leitzell, Mr. Darragh, Mr. Willis, and Mr. Banchefsky of the City Staff were present at the meeting. Mr. Bowman introduced Mr. Mark Jones, Code Enforcement Officer, and Mr. David Betz, Planning Intern, new members of the City Staff. Ms. Rausch moved to approve the minutes of the July 7, 1988, Planning and Zoning Commission Meeting. The motion was seconded by Mr. Berlin, and the vote was as follows: Mr. Amorose, abstain; Mr. Berlin, yes; Mr. Geese, abstain; Mr. Jezerinac, yes; Ms. Rausch, yes; Mr. Reiner, abstain. 1. Preliminary Plan - Rezoning Application Z88-007 - Muirfield Village additional acreage. Mr. Bowman presented slides of the site along with the following information: -The Professional Acquisition Corporation is purchasing 96 acres located on the west side of Manley Road at the current western terminus of Glick Road. The eastern 46.03 acre portion is the subject of this rezoning with 36.8 acres located within Dublin's corporate boundaries and 9.398 acres pending annexation to Dublin which will be heard by the Union County Commissioners on September 12, 1988. -The site has slightly more than 2,000 feet of frontage along Manley Road. To the south of the site is Deer Run Elementary School and additional acreage owned by the school board. To the east, across Manley Road, is existing Muirfield Village development, and the areas to the north and west have scattered residential and agricultural uses. -This application is to rezone the acreage from R-1, Restricted Suburban Residential District, to PUD, Planned Unit Development District. The proposed density is 2 units per acre which is in conformance with the standards designated for the west-of-Avery Road Corridor. The required open space would consist of 11.43 acres of wooded land, mostly in Union County, and would become part of Muirfield Village's private open space system to be .~aintained by Muirfield Association. -Staff supports the rezoning of this site as an expansion of Muirfield Village, especially the Glick Road extension into Union County. This would initiate a roadway system connection with Hyland-Croy Road. -Staff is recommending approval of this application subject to the following conditions: Dublin. where yesteroay meets tomorrow Minutes of Meeting, August 4, 1988 - Dublin Planning and Zoning Commission Page 2 1. Final approval of the pending annexation to fulfill the open space obligation, 2. Submission of development standards which are commensurate with existing Muirfield Village, at Final Development Plan. Specifically, the right-of-way of Glick Road is to be 60 feet with 36-foot pavement width. No direct curb cuts from driveways of individual houses would be permitted onto Glick Road. 3. The installation of a bike path from Glick Road to the property line of the Deer Run School. Mr. Willis stated that sanitary sewer service is available approximately 600 feet south of the intersection of Avery and Glick/Manley Roads. Adequate water service is also available. Mr. Willis distributed a recently updated report on the water distribution network in Dublin. Discussion ensued about the water situation in Dublin. According to the report by F. Dan Boothe, Mr. Bowman explained that while Dublin has a system in place to adequately service Dublin, the problem is with the supply from Columbus to Dublin. The long-term capital need is for a very large pipe directly from the water plant north to Dublin. A short-term solution would be to build another tank in the vicinity of Frantz Road and St. Rt. 161. Mr. Reiner asked about the water tower which was proposed for this site. Mr. Willis explained that the tank at Avery Park serves much the same function. There is some land appropriated for a new tank in the Deer Run School area, but additional land would be necessary. An additional tank next to the one at Avery Park is also an option. Mr. Reiner asked whet:~er or not Muirfield contributed to the cost of the Avery Road water tower. Mr. Howard Adams, representing the applicant, replied that they did contribute to the cost, and they have complied with the terms of the contracts signed in 1973 and 1978. Mr. Geese expressed concern about the visibility problem on the curve at Manley and Avery Roads. Mr. Willis stated that his earlier suggestion was to flatten this curve. Mr. Geese asked if the building on the corner would come down. Mr. Adams stated that if the building stays, it will possibly be moved back away from the roadway. The Muirfield Association currently uses this building for storage. Mr. Adams said that this issue will be addressed before the Final Development Plan. Mr. Geese expressed a need for a bike path tunnel under Avery Road to connect with Deer Run School. Mr. Adams stated that he discussed this issue with school officials at the time of development of an earlier phase. They noted that the Muirfield Village kids were bused to and from school and expressed concern about lighting and safety issues with the tunnel. Mr. Geese stated that a tunnel should be installed to connect the existing bikeway system together with this additional acreage west of Avery Road, as well as provide a pathway under Avery Road for ;rids staying after school for activities. Further discussion was held regarding whether a commitment for a tunnel under Avery Road was proper as a condition of the the Rezoning or something to be addressed at Final Development Plan. Mr. Adams said that they would certainly take a closer look at how and where this could work. Minutes of Meeting, August 4, 1988 Dublin Planning and Zoning Commission page 3 Mr. Geese expressed the need for a left-turn lane on the Glick Road extension into this development. Mr. Adams made note of the Commission's recommendation, but he explained that this plan is simply schematic, and all these things will be addressed at the Final Development Plan stage. Mr. Geese asked Mr. Banchefsky, legal counsel, about the proper function for these conditions of approval. Mr. Banchefsky stated that the Rezoning is purely a land use issue. The Commission is alerting the applicant of things which need to be addressed at Final Development Plan, but the applicant does not need to make the commitment at this time. If the applicant does not address these recommendations at Final Development Plan, the Commission has the power not to approve the plan. Mr. Jezerinac asked what Staff's justification was for the 60 foot right-of-way and 36 foot pavement width on the Glick Road extension. Mr. Bowman stated that it is a collector street; collecting all the cul-de-sacs that will eventually be built on it, and it will also be extended westward. Mr. Reiner stated that he does not feel there should be any additional tracts of land rezoned as part of the Muirfield Village PUD unless Muirfield comes in with a master plan, including amenities. Mr. Adams agreed that there should not be piecemeal zonings. Ms. Rausch stated that she is also in favor of the left-turn lane idea and the bike path tunnel under Avery Road. She agreed that these concerns need to be presented to the applicant, but she does not feel that commitments need to be made at this point. Mr. Geese stated that he feels this applicant has bypassed the Concept Plan which is required as part of the PUD process. Mr. Adams disagreed. Further discussion ensued about what is required at the Preliminary Development stage of the PUD process. Mr. Ralph Halloran, an area resident, expressed concern about storm water runoff. He stated that he would like to see Muirfield's storm water retention/detention plan with the extension of Muirfield Village outside the original boundaries. He stated that he feels there needs to be a comprehensive plan for storm water retention/detention for the entire quadrant demonstrating how to get rid of the water. Mr. Adams stated that this information is provided as part of the Final Development Plan. Mr. Halloran also stated that he would like to see more creative detention ponds used and would be willing to share his ideas. Mr. Berlin made a motion to approve the Rezoning Application subject to: 1. Final approval of the pending annexation to fulfill the open space obligation. 2. Submission of development standards which are commensurate with existing Muirfield Village, at Final Deve lopment Plan. 3. Resolution of the bike path on the west side of Avery Road down to the school, according to City specifications. Minutes of Meeting, August 4, 1988 • Dublin Planning and Zoning Commission -Page 4 4. Strong consideration that a tunnel for the bike path into the existing Muirfield Village area will be required. ? ~ 5. Strong consideration that a left-turn lane off Avery Road into the development will be required.ti~ 6. Resolution of the width of Glick Road, determination on whether it will be a collector, and the direction it will take.. 7. Presentation of the storm water retention/detention plan.~'~ 8. Strong consideration to flattening the curve from Manley Ro&fl where it connects with the existing Glick Road will be required.~i// U, Mr. Geese seconded the motion, and the vote was as follows: Mr. Reiner, yes; Ms. Rausch, yes; Mr. Jezerinac, yes; Mr. Amorose, yes; Mr. Berlin, yes; Mr. Geese, yes. 2. Refinement Plan - JALL Investments Mr. Bowman presented slides of the site along with the following information: -The proposal is to amend the text of of the JALL Investments Plan for the 12-acre parcel located on the southwest corner of St. Rt. 161 and Sawmill Road, west of Hobbs Drive. The property is zoned PUD, Planned Unit Development, and the text clearly states that the applicant will build a road 36 feet in width across the back of the site at the time of completion of Phase I. -The service road will connect Martin Road with St. Rt. 161 and will provide access to a number of retail commercial sites. The street presently exists as two unconnected and separately named sections. Marcy Lane is a 26-foot wide street which turns into a 32-foot wide street (Stone Ridge Lane) at its western terminus. Marcy Lane will be widened by an additional 10 feet when the DeLong parcel is developed to provide for a turn lane and stacking. The portion of Stone Ridge Lane which exists is built with a 32-foot pavement width. Stone Ridge Lane is planned to continue westward and intersect with St. Rt. 161 across from Wendy's Corporate Headquarters. Hobbs Drive, the north-south connection between Stone Ridge Lane/Marcy Lane and St. Rt. 161, was constructed with a 36-foot pavement width. -The applicant negotiated with Council not to construct its portion of Stone Ridge Lane at the completion of Phase 1. The new text submitted with this application states that the applicant will construct its portion of the road at the earliest of the following occurrences: 1) Construction of the service road to the south of JALL property as it borders Dr. Griffith's property to the south located east of the JALL property, or 2) Phase 2 construction of the JALL property development, or 3) Phase 2 construction of the StoneRidge development located immediately west of the JALL development site, or 4) Development of the land immediately south of the JALL property commences with construction. -Staff recommends that the revised test be accepted to enable construction of Stone Ridge Lane to match the street width immediately to the east.