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HomeMy WebLinkAbout047-88 Ordinance . ~ RECORD OF ORDINANCES National Graphics Corp., Cols., O. Form IYo. 2806-A Ordinance No._____ 4Z-88_ _ Passed 19 _ AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING ON A 15.947 ACRE TRACT LOCATED ON THE WEST SIDE OF AVERY ROAD AT THE EXISTING TERMINUS OF TARA HILL DRIVE. TO BE REZONED FROM: R-1, RESTRICTED SUB- URBAN RESIDENTIAL 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, 5 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 18th day of July 1988. Ma or - Presiding fficer Attest: ~~-G~ erk of Co cil Sponsor: Planning Department 1 tiere6y certify that codes of this Orainance/Resolution were hosted in the Gty of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Oerk of Coun I, Dubh ,Ohio . ~ - , VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION AN APPLICATION FOR AMENDMENT For P & ZC Use Only OF THE VILLAGE OF DUBLIN Application No. ZONING DISTRICT MAP ZM ~ ~ (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 Applicant, Scioto Valley Land Co. , Ltd. 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 described land to be placed in thePlanned Unit Development (PUD~oning 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) (See attached legal description) of a recorded plat, with an area of Acres/ Square feet. b. Beginning at a point along (street or other) and being feetin 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 15.947 Acres and bounded by: (specify) on the N S E W (circle) (specify) on the N S E W (circle) (specify) on the N S E W (circle) (specify) on the N W E W (circle) d. Attached legal description: YES X NO . Page 1 of 3 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 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 sheet) B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND, 1. Proposed Use or Development of the Land: To be developed into wooded single family lots, 80' or more in width at the building line. 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 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 o£ the vicinity. We plan to develop the site into custom sin le family lots The wooded nature of the site will be maintained: The size of the lots will be similar or slightly larger than the surrounding and adjacent subdivisions The extension of Tara Hill Drive thro ah the site will improve the transportation network of the existing developments and the inevitable future development. Page 2 of 3 pages ' 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. APPLICANTS AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, I (WE) John A. Hubly, General Partner, Scioto Valley Land Co., Ltd. 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 information or attached exhibits thoroughly to the best of m - y/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 bes~,t or my/ou knowledge and belief. ~1~1, ( t_~ ~ (si nature) eneral Par ner Scioto Valley hand Co.,Ltd. 2121 Bethel Road (mailing address ) Sn 1 i imhi is ~ flh i n 43~~0 Phone: (614) 457-1733 Subscribed and sworn to before me this~~~,day f' ~ ~ U,~ ~ 19 U , , Notary~Public NANCY C. H.~f~iCY NCTARY PUBLIC, ST,~TE Cf CHIO Person to be contacted for details, if other than above signatoCry~SSlONEXPIRESIUNE2i,19gg Daniel N. Terlecki, Director of Construction Commonwealth Capital Corporation, 2121 Bethel Road, Columbus, Ohio 43220 (614)457-1733 (name) (address) (telephone) D. RECO D """'-----DO~NOT WRITE BELOW THIS LINE-__________ R OF ACTION 1, Withdrawn Held to (date ) (date ) 2. P & ZC: Date of Hearing Approved Disa roved pp Modified 3. Village Council: Date of Hearing Approved ;Disapproved Modified Page 3 of 3 paces The applicant/owner hereby acknowledges that aporovai Planned Unit Development of ( his ) ( her ) ( its ) request for (Pi inLrP~ 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. / 11 ~ ~1- January 6, 1988 l°;.~1 ~ C t 1 ~ ~ DATE Signature,!of Applicant or uthorized repre~ntative thereof . General Partner Scioto Valley Land Co., Ltd. On behalf of: APPLICANT CONTINUATION OF PAGE 2 OF ZM • List all the 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. Neil M. & Robin D.F. Fillman Bank One~Mortgage 989 Crupper Avenue Columbus, Ohio 43217 Patrick M. Grabill & Co. Trustee 220 W. Bridge Street Dublin, Ohio 43017 The Board of Trustees of the Ohio District Council, Inc. • of the Assemblies of God 7055 Avery Road Dublin, Ohio 43017 Central Ohio Holding Corporation 88 East Broad Street 9th Floor Columbus, Ohio 43215 Fred M. Butterfield 7136 Avery Road Dublin, Ohio 43017 James & Susan J. Barr TransAmerican Real Estate Service 6600 Bush Blvd. Columbus, Ohio 43229 Joseph Manchik 150 Northview Place Reynoldsburg, Ohio 43068 Gaylord E. & Kathy E. Gardner 7050 Avery road Dublin, Ohio 43017 Dublin Village I/M Development Company P.O. B•ox 29188 Columbus, Ohio 43229 ~ ~ o s~ :~f _ louar tR1m NIM?IDOK t?IaIIT TIt LT[Llit CIOR WATT +I l~n'+'0) 7 lcrtaa v trtuac otm ?n tntl ra tut tutrcvi.u G ~ p o . ~ 'b AJIOIT~, . i h1uD Om ktaarttrt RtnxTt W!I ut outuut tm nc ~/1.' c~ Q c ~ , ~ ` rrna tut tntauts Ta utn >foot AwtKUr uu ua. V ~t.'' 0 1 m 1~ w~ramm ana~u, lo°~mc~oe d ish to Rrru ~ G ~O ~ 0 gnu 0 ! ~ ~ t•I laTUCtst s~u>iw l:Atortul p P2 Lmm AnWU tmtmul V1LLAF~E~p o 11.! IWra Lot lt~Tt laDttTLL1, ~ ~ fotutcut tL Coooctt CotutaLL ~ .,8 O LbrTlu Mmtta 4 v ~ _ ~ ~k SUIU171I t OU QmCt ~ W , !auto i ~ PUQ~ 1.16, ` ~ . R-T lam. ItsmuTpru \ Z S~ VE. Itovsrnu troimuru, .i ~ u ~ ` SN t~ p~ u Utnctlttusrntl ~ 1 F ~ w l/c ~ r ~ R,t : ~ `vE S Z 0 R: 'i`Z- ' R,~ ~R. L ~ ti ~ ~ BRAN ii ' ii • ' R'o R • ii - i R•1 ~ ~ ~r RY ' ~.u PL ~ T. l T ~ ~ C+~? PUD p' tV Y N~ O N C O V N T • ~ ~ INST. ~ . i ` 0 o~R 4 R. ! ~ R I ~ ~ U i ~ i v ~ o } - I 1 ' ' i _ ~ PULy50 ~ j . I ~ 1 r 1 ~ 1 ~ ~ 1; l ~ 1 ~~tWH ~ u l ~ olR OlR ~ ~ ' , i 0 ' - J ~ ` j ~ ~ Rti~ N Ig°~' dl" IN ~~~.~I' z .o o o . ~ w . N CD O W rn .7 , • ~ V/ O n . ca ~tn < y ~ =u ~ ~.i 'v.' t'`' t7r N 19° 21~ 24" VN v ;~"°Z ~ tr a 351.94 D ~ N ' . m ~ o ~ .,o ~ 1 ~ y i O o ~ o _ 'ti ~ ~ ~ ' . w D . . 4 ~ ~ ~ y ~o p . T- o~~ qos Q 3>8. ~ ~ 1 ~ • ~ ~ ~ - s 9 ~ ~ I w ~ { , ~ i 40000; ~ . S 1 0 o • p . r~ , . o~~~ ~ ~ s • EXHIBIT "A„ RECORDER 01233~os Situated in the County of Franklin, in the State of Ohio, and . in the Township of Washington, being a part of Survey No. 3010, Virginia Military Lands, and bounded and described as follows: Beginning at a stone in the center of the Avery Pike, Southeast corner to Harry Bowers' land; thence with the center of said Avery Pike South 9° 7' West 46.38 poles to a stone in the center .of said pike, also the Northeast corner of John Asmo land (formerly John E. Siebert land); thence with the North line of said Seibert land, North 70° 27' West 72.36 poles to a stone in the East line ~ of George Wolpert's land (formerly owned by E.W. Fuller); thence with said Wolpert's line, North 18° 46' West 42 poles to a stone T~`'~E in the .South line of said Harry Bowers land; thence with the -~AL o-" South line of said Bowers' land North 70° 27' East 95 poles to ry j v _ < < ,~he place. 'of beginning, containing 21 acres and 100 poles of land, %~more or less . ':=v~'~ Being the same premises described in the Second Codicil of the ~v•,i Will of William M. Graham, deceased, of record in Pill Record TTT, page 360, Probate Court of Franklin County, Ohio, described therein as 21.50 acres devised to Benjamin Cosgray, and known as Parcel No. IX in the proceeding to sell said premises, by Addie M. Davis, ~'i`~" Executrix of the Estate of William M. Graham, deceased, Plaintiff vs. Addie M. Davis, et al. Defendants, No. 61270, Probate Court, Franklin County, Ohio. Said premises having been resurveyed are now described as being: Beginning at the Northeasterly corner of said Kreuz tract, the southwesterly corner of that 5.00 acre tract described in a deed to F.M. and W.A. Butterfield, of record in Deed Book 1540, page 132, a point in the centerline of Avery Road and being approximately 3,311 feet Northerly from the intersection of said Avery Road and Post Road; Thence S 8° 51' 00" W, with the centerline of said Avery Road, the Easterly line of said Kreuz tract, the Westerly line of that 3.65 acre tract described in a deed to C.F. Miller, of record in Deed Book 2936, page 291, the Westerly lines of those two (2) 1.35 acre tracts described in a deed to C.F. & T.E. Miller, of record in Deed Book 2519, page 423, a Westerly line of that 198.750 acre tract described in a deed to Dublin Residential, Ltd., of record in Deed Book 3309, page 537, a distance of 781.31 feet to the South- easterly corner of said Kreuz tract; Thence S 70° 03' 18" W, with the Southerly line of said Kreuz tract, the Northerly line of that 10 acre tract described in a ~~~deed to R.P. and D.G. Devere, of record in Deed Book 3146, page 25, a distance of 1,207.66 feet to the Southwesterly corner of said Kreuz tract, the same being a point in an Easterly line of that tract of land described in a deed to Huth E. Mast, recorded in Deed Book 2514, page 3.63; Thence N 18° 37' 59" W, with the Westerly line of said Kreuz tract, an Easterly line of said Mast tract, a distance of 692.11 feet to a point in the Southerly line of that 60 acre tract described in a deed to David L. Henry, recorded in Deed Book 3176, page 493; Thence N 70° 19' 08" E, with the Northerly line of said Kreuz tract, the Southerly line of said 60 acre tract, a distance of 1,568.17 feet to the point of beginning and containing 21.947 acres, more or less. EXCEPTING THEREFROM THE FOLLOWING: Situated in the State of Ohio, County of Franklin, City of Dublin and in the Township of Washington, being part of Survey No. 3010, s ~ RECORDER 01233cos Virginia Military Lands, containing 6.000 acres of land more . or less, said 6.000 acres out of said 21.947 acre tract or land as described in a deed to Thomas H. Lurie, Harrison W. Smith, Jr. and James M. Tobin, recorded in Deed Book 3333, pages 515 thru 517, Recorder's Office, Franklin County, Ohio, said 6.000 acres being more particularly described as follows: Beginning at a PK nail set in the centerline of Avery Road. Said PK being the true point of beginning and 2908.42' from a spike in the centerline intersections of Avery and Post Roads; thence S. 70° 38' 36" W. a distance of 647.59 feet (passing over an iron pin set in the westerly right-of-way of said Avery Road a distance of 34.10 feet) to an iron pin set; thence N. 19° 21' 24" W. a distance of 351.94 feet to an iron pin set, being in the southerly line of Central Holding. Corp. property line, recorded in Deed Book 3355, page 297, Recorder's Office, Franklin County, Ohio; thence N. 70° 38' 36" E. with the southerly-line of said Central Holding Corp. a distance of 837.68 feet (passing over an iron pin set in the westerly right-of-way of Avery Road a distance of 803.58 feet) to a PK nail set in the centerline of said Avery Road; thence along the, centerline.of said Avery Road S. 09° Ol' O1" W. a distance of 400.00 feet to the true point of beginning and containing 6.000 acres of land more or less. Subject to all legal rights-of-way, easements and/or restrictions if any of previous record. Description prepared from~a actual survey by Vernon A. Rybski registered surveyor No. 4041. ~6 / o ~ sr \ o. \ h, Ex a~ sr I 2 / N ~ O / T W \ ' Y \ ~ ~ m / ~ ~ Ex. 8 W~ -SA.V O Ea.10 ~SAN~ .LYMORE DRIVE _ ~ ~ - - - x.e - --I _ N 8' 33' 41 ' W 694.4 9'g ~ Dedicated Porklond - m I~ ~ - (Prop sed) ' N ~ ~ 3 Z 1 / ~ ~I ~ ~ I ~ a ^ / ~ p D I I ` , ~ m r )t V utsO ~ + r ~ I ( f / ~ N°ooo O ~ i / W ~yG) I4 i ~ ciz~ ~ ~ I O / W N ~ ~ Z O u D 1 In= I as ~ ~ < a m ~ ~ --t ( I Z ~ r'1 D r .l o ( ~C` ~ a>~ I ~ P' j v Z ~r _ I m~ ~ D7 W 01 ° m N V7 w n~vr•'iv ~°~~ZP N O m c ~ o m / aAm~ t ~ G G ~ ~O ~o IR"'I r ) r' 3 W I _ Z / N 7 0 ~ 3 N _ D l~~ f~ O tA,, f 1 . v o ~ P ~ - m 3 I `I I ~ N f~ o , ~ C Si 9 21~~24' E ~`~351 . 94 i II _ \ 1 g I ~ ~~\~I II f ~ ~'I rn ~ II m~~ z _0---1 y ~ I I ~ ~ ; ~ ~ ~ N ~ Z W J > a ~ - - I ~ m I m t ~ 1 ~o~ i ~ J(> o I I ~ J I ~m~ / / ~ 1 \ ~ 920 m = m / / m I I / 1 0 0~ 0 0 / ~ arm / ~ ~ ~ ivD ~~o ~ m i/ DZ Y \ c~ Nll ~ ~ O ~ yy ~ ~ D = ~fr~\~t./ ~ cn~~ ca °ya ~ " ~ w~\ ~ 1 ° o ~ ~ ~ oo ~ ~o/ yn / orcn Y F~ ~ / ~ wAj~~ 7 o a~0 ~ \ I o- ,per ~~i / ~ ~@'~ pa^I/ a'°„I~`~a ~ / o O / ~ - ~ .rr / . ~ z-- Co~~~-i ovc~S ~r~ (twi ~v~~.r u~\~~ ~ (~~~.vt J Exhibit "C" At their meeting on June 9, 1988, the Dublin Planning and Zoning Commission approved the Preliminary Development Plan - Colony Woods - Rezoning Application Z87-009. An excerpt of the meeting minutes is as follows: "Mr. Amorose moved for approval of this rezoning application with the following conditions: 1. Screening mechanism to be determined prior to going to Council 2. Refinement of the tree preservation plan at time of Final Develop- ment Plan. 3. Entry feature design and street tree spacing and species to be coordinated with Landscape Planner at Final Development Plan. 4. Street tree planting to be done according to the Landscape Ordinance as amended to include nursery grown trees. Mr. Reiner seconded the motion. The vote was as follows: Mr. Berlin, yes; Ms. Rausch, yes; but noted that she is unhappy about condition #4; Mr. Jezerinac, yes, but also noted that he is not in agreement with condition #4; Mr. Amorose, yes; Mr. Geese, yes; Mr. Reiner, yes; Mr. Grace, yes."