26-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 26-03 Passed . 20
AN ORDINANCE TO CORRECT THE TITLE OF
ORDINANCE #06-93 IN CONFORMANCE WITH
THE APPROVED DEVELOPMENT PLANS FOR
BALGRIFFIN 1, THE VILLAGE OF BALGRIFFIN,
THE CROSSINGS AT AVERY, AND THE
BALGRIFFIN PCD (CASE NO. Z93-001
BALLGRIFFIN REZONING;?.
WHEREAS, the title of Ordinance 06-93 (amended) passed on September 20`"
1993 was incorrect and called for a change in zoning for " X74 acres of land
located to the northeast of Avery and Rings Roads be rezoned from: PUD,
Planned Unit Development District to: PCD, Planned Commerce District;" and
WHEREAS, the rezoning application, staff reports, Record of Actions and
memos to Council regarding this rezoning application (Z93-001) all indicate that
the zoning request was for a PUD, Planned Unit Development District and PCD,
Planned Commerce District; and
WHEREAS, Condition 1 of the July 8, 1993 Planning and Zoning Commission
Record of Action states "that a new legal description for the PUD and PCD areas
must be submitted before this case is scheduled for review by City Council;" and
WHEREAS, facsimile documents received by the City indicate that legal
descriptions for both the X70.603 acre PUD parcel, and the ±6.322 acre PCD
parcel were timely submitted by the applicant on July 8, 1993; however, the
actual rezoning packet, submitted to City Council for the final reading on
September 20, 1993, contained only one legal description (the ±70-acre PUD
portion); and
WHEREAS, those developments, which included offices, houses and
condominiums has been constructed according to the development standards as
set forth by the Balgriffin development te~~t, approved by City Council in 1993;
and
WHEREAS, the error found in the original title of Ordinance #06-93(amended)
was a drafting error; and
WHEREAS, the corrected title for Ordinance #06-93 (amended) should be
rewritten to state: "An ordinance providing; for a change of zoning of 76.925
acres of land located to the northeast of Avery and Rings Roads, to be rezoned
from: R-1B, Restricted Suburban Residential District, and LI, Limited Industrial
District, to: PUD, Planned Unit Development District and PCD, Planned
Commerce District; and
WHEREAS, the corrected title will accurately reflect the actual legislation
recommended for approval by the Plarming and Zoning Commission and
- approved by City Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, State of Ohio, ~ of the elected members concurring:
Section 1. That the following Ordinance #06-93 (amended) is hereby corrected
to read as follows:
"A change of zoning of 76.925 acres of land located to the northeast of
Avery and Rings Roads, to be rezoned from R-1B, Restricted Suburban
Residential District and LI, Limited Industrial District (both Washington
Township classifications) to: PUD, Planned Unit Development District (70.603
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 26-03 Passed Pale 2. 20
acres) and PCD, Planned Commerce District (6.322 acres) (Case No. Z93-001
Balgriffin Rezoning)
Section 2. Council hereby finds that correcting this drafting error as set forth
herein to reflect the previously approved rezoning does not constitute a rezoning
of the subject property, and as such does not require a referral to the Planning
and Zoning Commission.
Section 3. That this Ordinance shall take effect and be in force from and after
the earliest period allowed by law.
Passed this ~ 4 ~ day of , 2003.
~ ~
s'
ayor -Presiding Officer
Attest:
Clerk of Council
Sponsor: Planning Division
I hereby certify that copies of thi
Ordinance/Resolution were posted in th
City of Dublin in accordance with Sectio
731.25 of the Ohio Revised Code.
J'C•
lerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway -Dublin, Ohio 43017-1006
CITY OF DUBLIN Phone: 614-410-4400 -Fax: 614-410-4490
Memo
TO: Members of Dublin City Council
FROM: Jane S. Brautigam, City Managei~'a,,,,,,~5, '
DATE: February 11, 2003
INITIATED BY: Barbara M. Clarke, Planning Direct~~'d~/~'Q.c,.
RE: First reading, Ordinance #~1i-03
Balgriffin Typographical Change
SUMMARY:
As part of the "area-rezonings" project, which will designate Dublin zoning on all parcels
of land annexed into the City, staff researched a majority of the rezoning ordinances
within the southwest area. During this research, a major error was discovered. The
Balgriffin rezoning ordinance (#06-93) as passed by City Council, did not match the
application, text, staff reports, public presentation at Planning Commission or City
Council, or the meeting minutes from any public meeting. The title of the ordinance does
not reflect any of the public proceedings and stands in error.
The intent was to rezone 70 acres to the residential PUD proposed, and the remaining six-
acre tract along Avery Road to a PCD, based on a specific plan and text. The rezoning
ordinance, as approved by Council, reflects that the entire 70-acre residential portion was
~ rezoned to a PCD, and the additional six acres was entirely deleted. Since this error was
recently discovered, plans have been approved, permits issued, and buildings have been
built and occupied in accordance with the "intended''' Balgriffin plan.
This action is intended to correct the typographical mistake. It is not being submitted as a
rezoning, but as a drafting change so the ordinance; can truly reflect what the Planning
Commission and City Council reviewed in 1993.
RECOMMENDATION:
That Council dispense with the public hearing and adopt Ordinance No. 26-03.
AEW
llublln Planning and Coning t_,ommiss~on
Idleeting Minutes -July 8, 1993
Page 2
The Commi nvened after tsession at 7:20 p.m.
1. Rezoning Application Z93-001- Balgriffin (formerly known as Avery Road Mitred Use)
arch so that the a licant
Lisa Fierce presented the Staff Report. The case had been tabled in M pp
could provide additional engineering and text detail. She emphasized that the applicant had been
very cooperative throughout the process. The plan de-emphasized Rings Road and provides for
a new north-south road (Malahide Road) and for rebuilding the intersection of Rings/Malahide.
The Malahide Road should, in the view of Staff, align with Norn Street. The new Woerner-
Temple/Rings Road Connection will provide for most of the east-west traffic movement in the
area, and the Staff believes that this developer should contribute to this road construction, in
addition to providing the right-of--way. The land uses. proposed include 60 single-family lots
on the east side of the site with a density of 3.1 units per acre. The minimum lot will be 70 feet
by 120 feet, except along Rings Road where the abutting lots will have a minimum frontage of
100 feet. There will be 223 apartments and 57 condominiums, with no three-story units and
natural materials. Additional text refinements are needed on the multi-family section. A
planned commercial area of 5.6 acres that includes an existing office building is located on
Avery Road. A private road onto Avery Road may be utilized for it as well as the multi-family
to its east. Permitted uses include SO uses and some warehousing, wholesale and transportation
uses. Architectural details are still needed. The required park dedication is 13 acres, and the
proposal shows 13.9 acres including the woods at t:he center of the site. The bike paths
proposed include the north side of Rings Road and the west side of Malahide Road. The project
may begin next year probably with the single-family area.
Randy Bowman commented that Dublin will be building; a 20-inch water line along the north side
of Rings Road from Wilcox to Dublin Road. The developer will be extending it to Avery Road.
The sanitary service will be provided by a 21-inch line currently at the corner of Wilcox and
Rings.
Lisa Fierce stated the staff recommends approval based on the 12 conditions from the Staff
Report:
1) That a new legal description be submitted for the PUD and PCD areas before this case
is scheduled for review by City Council;
2) That a bond or other legal tool be used to secure sidewalk improvements along the Avery
Road frontage until the Avery Road Corridor Overlay is completed;
3) That the applicant submit revised text with development standards and preliminary
development plan with all completed requirerr~ents within 30 days, including buffering
between different uses, refined list of requested uses, architectural details, and
coordination for the commercial site;
4) That streets, sidewalks and bikeways, utilities, easements, stormwater management,
vehicular access and rights-of--way as described above be designed to the requirements
of the City Engineer;
Dublin Planning and Zoning Commission
' Meeting Minutes -July 8, 1993
Page 3
5) That street cross-sections and pavement design be submitted to the City Engineer and ; ,
conform to the design standards of the City of Dublin;
6) That the maintenance of private streets and stormwater detention areas not in parkland
be the responsibility of the homeowners association and be indicated as such on the final
plat;
7) That the intersection of Rings Road and Malahide Road be designed for staged
construction to the satisfaction of the City Engineer and that the funding for the ultimate
alignment of that intersection be established in a manner acceptable to the City;
8) That the construction or funding of the extension of Malahide Road north of Wcerner- ~w
Temple be established and/or designed in a manner acceptable to the City;
9) That the applicant make a contribution to the construction of the Wcerner-Temple
extension;
10) That the applicant provide a traffic study to outline an appropriate level of roadway
service for the construction of proportions of multi-family units, some of which may be
built before road improvements. The scope of service is to be reviewed by the City
Engineer;
11) That the number of curb cuts along Avery Road be limited to one where the proposed
private access drive within the planned commercial piece is located; and
12) That the need for traffic signals and/or street lights be addressed to the satisfaction of the
City Engineer.
Mr. Sutphen stated that the road should not change names in the middle--from Norn Street to
Malahide Road.
Randy Bowman asked that two additional conditions be applied:
13) That Ma]ahide Road be renamed to Norn Street; and
14) That the private streets be constructed to City standards.
Mr. Jeff Glavan introduced himself as the architect for the project and introduced Randy Asmo
and the project engineer Jason Coffee. As a result of the extensive negotiation and resulting
changes, they feel this is consistent with the Southwest Area Plan. The site is now smaller,
being 74 acres. The plan includes 223 units of apartments, 57 condos, and 60 single-family lots.
The total is 340 units, or 4.6 units per acre. The Southwest Area Plan shows 5 units per acre
in this subarea.
Mr. Glavan said the residential area has expanded; it features a loop and cul de sac street
arrangement internally and 100-foot lots along Rings Road. The condo area has 7 units per acre
and is in the location requested by the neighbors. The parkland exceeds the requirement and
includes the existing stand of trees. The 5.6 acres is light industrial along Avery Road. Right-
of-way is provided for the Wcerner-Temple connector. The developer will redo the
Rings/Malahide intersection to interrupt Rings Road after the Wcerner-Temple Connector is
constructed. The east/west road (Blunden Road) will extend to Avery Road. Malahide Road
Dublin Planning and Zoning Commission
Meeting Minutes -July 8, 1993
Page 4
will be built to Blunden, but not through the park until later. Curb cuts on Avery Road will be
limited to two. We appreciate Dublin's aesthetic concerns and expect to comply with them.
Mr. Steve Krzykoski of the Southwest Area Residents Association commented that the developer
had cooperated with them. The land uses are the result of a compromise with the developer,
but they continue to be concerned about the density.
Janet Jordan asked if the right-of--way shown on the east side of the park and the detention basin
shown were included in the 13.9 acres of park and if a fee in lieu of land would be paid. Mr.
Glavan said that the detention was not included in the park, and the road was about anacre--
leaving the required amount.
Mr. Rauh disliked the detention pond shown on Wilcox Road. Mr. Jason Coffee, project
engineer, stated this was the low point of the site, and this would be an outlet. The detention
pond is needed for the single-family area. Over detention will be difficult on this site. The
Staff Report recommends that this detention facility be maintained by the homeowners
association.
Mr. Sutphen asked if the pipe in the area of Wilcox Road could be cleaned out. Mr. Coffee said
it could be, and he said the Wilcox Road pond was Expected to be a wet pond, an aesthetic
feature. Mr. Sutphen asked when Norn would be corpleted to the north property line. Mr.
Glavan stated that Norn would be built to Blunden in connection with the development, and only
beyond that when the Woerner-Temple connection was done. Mr Glavan said that the
construction of Blunden would be dependent upon other factors. He also stated that the Rings
Road intersection would be redone once the new Woerner-Temple connection is completed. Mr.
Sutphen said he thought the developer should build the road through the pazk at the time of
development, not at some later date. Access is needed to the park. Mr. Glavan agreed to that.
Mr. Geese thanked the developer for agreeing to construct the proposed roads. He was
displeased with the proposed detention basins and the maintenance for them. Mr. Glavan said
that the pond could be expanded with next development. Mr. Coffee stated it would depend on
- the timing of development and what is to be developed to the east of Wilcox Road, mostly it is
dependent upon the restricted outlet at that point.
Mr. Geese made a motion to approve Rezoning Applicztion Z93-001 with the following fifteen
conditions:
1) That a new legal description be submitted for the PUD and PCD areas before this case
is scheduled for review by City Council;
2) That a bond or other legal tool be used to secure sidewalk improvements along the Avery
Road frontage until the Avery Road Corridor Overlay is completed;
Dublin Planning and Zoning Commission
Meeting Minutes -July 8, 1993 .
Page 5
3) That the applicant submit revised text with development standards and preliminary
development plan with all completed requirements within 30 days, including buffering
between different uses, refined list of requested uses, architectural details, and
coordination for the commercial site;
4) That streets, sidewalks and bikeways, utilities, easements, stormwater management,
vehicular access and rights-of--way as described above be designed to the requirements
of the City Engineer;
5) That street cross-sections and pavement design be submitted to the City Engineer and
conform to the design standards of the City of Dublin; ~w
6) That the maintenance of private streets and stormwater detention areas not in parkland
be the responsibility of the homeowners association and be indicated as such on the final
plat;
7) That the intersection of Rings Road and Ma]ahide Road be designed for staged
construction to the satisfaction of the City Engineer and that the funding for the ultimate
alignment of that intersection be established in a manner acceptable to the City;
8) That the construction or funding of the extension of Malahide Road north of Woerner-
Temple be established and/or designed in a manner acceptable to the City;
9) That the applicant make a contribution to the construction of the Woerner-Temple
extension;
10) That the applicant provide a traffic study to outline an appropriate level of roadway
service for the construction of proportions of multi-family units, some of which may be
built before road improvements. The scope of service is to be reviewed by the City
Engineer;
11) That the number of curb cuts along Avery Road be limited to one where the proposed
private access drive within the planned commercial piece is located;
12) That the need for traffic signals and/or street lights be addressed to the satisfaction of the
City Engineer;
13) That Malahide Road be renamed to Norn Street;
14) The private streets be constructed to City standards; and
15) That the road shown as Malahide be built to the northeast portion of the parkland.
Mr. Coffee asked for a clarification on the engineer's requirement regarding the pavement of
private streets. Mr. Randy Bowman stated that the City would prefer these all to be curb and
gutter design with the specified pavement thickness.
Mr. Rauh seconded the motion. The vote was as follows: Mr. Rauh, yes; Mr. Sutphen, yes;
Mr. Manus, yes; Mr. Geese, yes. (Approved 4-0).
2. Preliminary P - Dublinshire Secti
Tom ey presented slides of site and the staff r rt. The site co 'ns 9.9 acr located
e northeast and south corners of Muirfie rive and Dubli ire Drive, ostly to the
RECORD OF ORDINANCES
Dayton Legal Blank Co. Farm No. 30043
Ordinance No....06-93._.AMENDED Yrtssed _ _ _ 19.
AN ORDINANCE PROVIDING FOR A CHANGE OF
ZONING OF +74 A_C_RES OF LAND LOCATED TO
wt ~ THE NORTHE 8T OF RY AND RZNGS ROADB,
TO BE REZONED FROM: PUD~ PLANNED IINZT
DEVELOPMENT DISTRICT TO: PCD, PLANNED
COMMERCE DISTRICT.
NOW, THEREFORE, BE IT ORDAINEA 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 map marked Exhibit "A") situated in the City of
Dublin, State of Ohio, is hereby rezoned to PCD, Planned
Commerce 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 contiguous and affected property owners, and the
recommendations of the Planning and Zoning Commission, Exhibit
"C", are all incorporated into 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 sYlall take effect and be in
force from and after the earliest ;period allowed by law.
' Passed this ~ day of ~-F.D^Zo~._/~~~ , 199x.
w or - P e ing Officer
Attest:
Clerk of Council
Sponsor: Planning Division
I hz+cht~ r. ,Cfv thnt ca 1es a(this grdnn e o
o n< ~Resefv;iert-xere pns!>r6 in ih~
City e( Dublin in aunrdnnce with Safion ?3..' ' a. f~a Ohio Revised Code.
i
~'^.rb r,i (e~~nr!. DnLkn, Ohio
,I.
~I' ORIGINAL REZONING ORDINANCE
20NING DESCRIPTION
70~3~I
CRES
N.E. CORNER OF AVERY ROAD
AND RINGS ROAD
Situate in the State of Ohio, County of Franklin, City of Dublin being part
of Virginia Military Survey Number 3004 and being all of the 50.9427-acre tract,
of record in O.R. 10445 FOS, and being part of the folloving tracts of land: the
6.2185-acre tract of record in O.R. 11070 G09, and the 15.384-acre tract of
record in O.R. 9105 JOS, records of. the Recorder's Office, Franklin County, Ohio
and being more particularly described as follovs;
3eginning et the point of ±ntersection of centerline of Avery Road with the
centerline of Rings Road;
Thence N OS° 40_'__10 W, a distance of 1149.03 feet, along the centerline of
Avery Road to a point at the common corner to said 50,9427-acre tract and the
1.0-acre tract of record in O.R. 10530 C18; a.rr
Thence N 34° 35' 42" E, a distance of 476.18 feet, along the common line to
said 50.9427- and 1.0-acre tracts to a point at a common corner to said 1.0•acre
tract and the said 15.384-acre tract;
Thence N 06° 24' 12" W, a distance of 85.89 t (passing a common corner
of said 1.0 and 15.384 acre tracts at a distance of 92.11 feet) along, in part,
a common line of said 1.0- and 15.384-acre tracts and, in part, across said
15.384• and 6.2185-acre tracts to a point in the common line of said 6.2185 acre
tract and the 9,059 acre tract of record in Deed Book 3183, Page 279;
thence N 84° 05' 31" E, a distance of 1097,03 feet, along the common line
co said 9.059- and 6.2185-acre tracts and the common lino to said 9,059• and
15.384•acre tracts, to a point at a common corner to said 15.384- and 9.059-acre
LraCL4 said point also being in the westerly line of the said 17.468-acre tract
of record in O.R. 11502 D03;
r
Thence S OS° 3b' 42" E, a distance of 745.25 feat along the common line of
said 15.384 and 17.468 acre tracca to n point in the northerly ling of said
50.9427 acre tract, at the common corner of said 15,384 and 17.468 acre tracts;
Thence N 84° 48. 41" E, a distance of &8fti,?~aet along the common lino of
said 50.9427 and 17.468 acre tracts to a paint in the centerline of Wilcox Road,
at a common corner of said 50.9427 and 17.468 acre tracts;
Thence S OS° 39' S4" E, a distance of 79 54 fast, along the centerline of
Wilcox Rond to a common corner to said 50.9427-acre tract and the 1.308•acre
tract of record in O.R. 9349 H13:
Thence S 83° S7' 27" W, a distance of S'-.•>`-0^~-n`~et, along the eomnon lino co
said 50.9427. and 1.308-acre tracts and the 0.570-sera tract of record in O.R.
13254 E09, to a point ac the northwesterly corner of said 4.570-acre tract;
Thence S OS° 40' 03" E, n dlseance of 10 8 fact, along the common line
co said 50.9427- and 4.570-acre tracts and the common line to said 50,9427-acre ~.oaai
tract and the 1.J13-acre tract of record in O.R. 9440 AOS co a point in the
centerline of Rings Road;
Thence S 83° 56' 10" W, a distance of 1904
1`feet, along the centerline of
Rings Road to the point of beginning containing 70.603 acres, more or less, and
being sub~aec co all easements, restrictions, and rights-of-way of record.
The above description was prepared from dead information only and not an
actual field survey,
R. D. ZANDE S ASSOCIATES, LI2fITBD
SER:par
RDZ JN 2827
July 2, 1993
2827.SER
REZONED FROM R1-B TO PUD
+s
SEAT BY~t'8'~ia 7- 8-93 9:09~M :PR'.41r1*Central Ser~ 61~ 761 6566:tt 2/ 3
I
Z010I1i0 DYSCAZPTIOPi
6.322 ACILIS
H,S, CORNEA OF AVEA2 lWAD
ARID AID1G3 EOaD
Situate in the State of Ohio, County of Franklin, Ci'~? of Roblin beias part
of 7lrginia l4111taty Sutcvay :~umbez 3404 and baina part of tie following tracts
= of land: the 5.2165-aer. tcset of record in O.A. 11076 C09 gad the 15.384-aexa
tract of record in O.A. 8105 JOS. xeeords of the Pecorder'II Office, Frantclin
County, Ohio and beinj Rors particularly described a~ Lollova;
beginning foC raterenea at the point o! intarsaction of cat~tarline of Avs:y .
Rood with the a~nterline of hints Road; .
Thence N OS• 40' 10" I:, a distance of 1149.03 feet, along the eantsrlina of
Avery Aoad to a point at the coumon corner ro said 50.9427-Acre tract. apd the
L.0-ante trees of xacord in O.R. 10530 C18:
thence N G1° 15' 20" a distance o! 92.25 faot conti:uttng along paid
ca:~tarliw of AVary Goad to a point at a cvmman comer of said 1.0 gad LS.384
acre zrsct:s; avid point being the point of true beginning of the bareLn described
tract;
Iltance N 01. 15' 20• W, a distance p:,1.75 fait, n? or?g c~ centerline of
Avery Road to a point at the eovmon corner to said 6,2185-acts tract and the
0.616-eons tract of record in 9.R. SG28 CZO;
'Ihance the followinb two (2) courses and distances aloes the cos~on lira to
said 6.2185- and 0.616-acre tracts:
1. Thanca !1 84. OS' 31• a distance o!C 338.76 fast, to a point t~ the
southeasterly corner of said 0.616-ar_ra treat; -
2. Thence >K 05° 54' 29" W, a distance of 80.00 feet, to a common corner
to said 6.2185- and 0.616-acre tracts said point also being fa the
southerly line of the 9.050-acts tract of record in Decd Boak 3183.
pa8e 279;. '
Thence ?i 84® 05' 31` E, a diatancc of 13.50 feat, along the common Iius of
said 4.059 and 6.2185 none tracts to a point;
Thence 5 Ob' 24' 12• E, a distance of 693.78 leer across ¦aid 6.2185 end
15.384 acre traeta to a point at a common oorner of said 15.384-and 1.0 acre
tracts;
Thence S 84° 35' 03" W, a diatailcs of 467.90 feet along the aom+non line of
said 15.384 and 1.0 acro tracts to the point of true L~sginning of the h~~ein-
described strip, coatalniaa 6.322 acres, more aY less, and losing sub,)eet to all
aaaanenta, restriction atad rights-of-way of retard.
The abcva description vas prtpzred Exam deed inf^.rnation only and root an
actual field aurvny.
jt. D. ~DL 6c ASSDCIAIBS, I.IPSI127.D
LW'P :par
RDZ JN 2827
July 1, 1993
2827PT2.6AR
REZONED FROM LI TO PCD
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page 4 Meeting
_SAYft1N_IE._n~i_"_IA"It
(`OyCtlNM _NA-~Mt7
Held September 20, 1993 19
Ms. Newcomb stated that she has no additional information on the ordinance.
' Vote on the Ordinance - Mr. Strip, yes; Mr. Amorose, yes; Mr, Kranstuber, yes; Mr. Campbell,
• yes; Mrs. King, yes; Mayor Rozanski, yes.
Ordinance No. 67-93 - An Ordinance Providing for a Change of Zoning of 45.18 Acres of Land
• Located on the Tact Side of Dublin Road Approximately Opposite River forest Subdivision
from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development ~1
District. ('T'hird Reading)
Ms. Fierce stated that staff has supplied a memorandum to Council with the amended conditions
stated by Council at the last meeting.
Mr. Bowman added that the developer has requested in writing a detention waiver for this site. Staff
still needs to work out some issues regarding the waiver with the applicant prior to a vote on the
waiver.
Regarding the issue of cost sharing of lowering of Dublin Road, Mr, Bowman stated that the city
is proposing to make a 20 percent contribution, with the developer paying for 80 percent of the cost.
The agreement still needs to be finalized. Some details will be worked out during the detail design
phase. He will report back to Council at a later date when more information is available.
Mr. Smith stated that he met with Mr. Foegler today to discuss the agreement, and an 80/20
arrangement was worked out as Mr. Bowman has stated. The issues of the road closing will have
to be addressed as more engineering information is available. He and Mr. Foegler believe the 80/20
arrangement is both reasonable and fair.
Mr. Smith noted that Condition A~13 should have an additional clause. It will thus state, "That the
• developer lower the elevation of Dublin Road at the development's entrance to the satisfaction of the
City Engineer and shall contribute 80 percent of the cost for the same."
Mr. Driscoll, representing applicant Multicon Builders, Inc. commented that conditions 4 and 11
should be deleted as they only applied when there was not going to be open space in the front of the
neighborhood.
Mr. Foegler agreed that it would be appropriate to delete conditions 4 and 1 t.
Mrs. King moved approval of the rezoning with the conditions listed in the September 16, 1993
memorandum to Council from Planning Staff with the deletion of condition !/4, amending condition !A1
11 to read, "That Reserve "B" be designated as public open space to be maintained by the
homeowners' association" and amending Condition 13 to read, "That the developer lower the
elevation of Dublin Road at the development's entrance to the satisfaction of the City Engineer and
the developer shall contribute 80 percent of the cost for the same."
Mr. Campbell seconded the motion.
Mr. Driscoll stated that he is in agreement with conditions as stated by Mrs. King.
Vote on the Ordinance - Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King,
yes; Mayor Rozanski, yes; Mr. Strip, yes.
Ordinance No. 06-93 (Amended) - An Ordinance Providing for a Change of Zoning of +/-74
- ~ Acres of Land Located to the Northeast of Avery and Rings Roads, to be rezoned from: PUD,
Planned Unit Development District to: PCD, Planned Commerce District. (Third Reading)
Ms. Fierce stated that an amended ordinance has been prepared with an acreage of 74 acres. Rob
Meyer, representing the applicant, Avery Road, Ltd. has submitted a new text late today which was
distributed to Council tonight. Clarifications have been made with regard to the bikeway
improvements, tree protection, and buffering between adjacent uses to the satisfaction of staff, Mr.
Smith will address the issue of the contribution for Woerner-Temple extension.
Mr. Smith stated that staff has had negotiations with Mr. Meyer and Appendix C sets forth that the
developer will build 765 linear feet of Woerner-Temple relocated. The appendix sets forth the specs
of 41 feet and outlines the details and various options. Staff is satisfied with the agreement and
recommends that Appendix C, part of the amended text, should be incorporated as a condition of
approval this evening.
Mr. Foegler stated that, effectively, the proposal calls for the developer to provide a 30 percent
contribution for the Woerner-Temple extension from Avery to Wilcox as discussed at the last
t~
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting Page S Meeting
n~yrpN i
tcA~ "ANN
~O.
YZSNIA ~Nf1.
Held September 20, 1993 ig
meeting.
Mr. Strip moved to accept the amended text and new Appendix C and to approve the rezoning with
• these conditions and the other 16 conditions stated at the previous Council meeting.
` Mr. Kranstuber seconded the motion.
Discussion followed about the outcome of the proposal to require the developer to pipe the ditches
• along Rings Road and Avery Road. Mayor Rozanski stated that the developer has agreed to enclose
the ditch along Rings in front of the single-family home area.
Vote on the Motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, no; Mr: Amorose, yes;
Mayor Rozanski, yes; Mr. Campbell, yes.
Ordinance No. 71-93 - An Ordinance Requesting Approv;t! to Change the Name of Enterprise
Drive to Innovation Drive in the City of Dublin, Ohio, and Declaring an Emergency. (Third
Reading)
Mr. Foegler commented that this legislation will fulfill the 'inducement agreement as expressed in
the tax increment financing agreement authorized by Council. Staff is requesting passage by
emergency because the road construction will be initiated shortly.
Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation.
Mrs. King seconded the motion.
Vote on the Motion - Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Strip, yes;
Mayor Rozanski, yes; Mr. Kranstuber, yes.
Vote on the Ordinance - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes;
Mr. Amorose, yes; Mr. Kranstuber, yes.
Ordinance No. 72-93 - An Ordinance to Amend Certain Sections of the Codified Ordinances
of the City of Dublin Pertaining to Penalties for Driving Under the Influence and Licensing
Violations, to Comply with Current State Law, any! Declaring an Emergency. (Second Reading)
Mr. Smith commented that this ordinance will bring Dublin's Code into compliance with State Code.
He is requesting passage by emergency.
Discussion followed about the State Highway Patrol .sobriety checkpoint operation.
Mr. Amorose moved to waive the three-time reading rule and treat as emergency legislation.
Mrs. King seconded the motion.
Vote on the Motion - Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes;
Mrs. King, yes; Mayor Rozanski, yes.
Vote on the Ordinance - Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes;
Mr. Amorose, yes; Mr. Kranstuber, yes.
Ordinance No. 73-93 - An Ordinance Declaring a Nuisance at 3950 Summitview Road and
Declaring an Emergency. (Second Reading)
Mr. Smith stated that Mrs. Ailshire and some neighbors on Summitview Road approached city staff
regarding a serious problem with barking dogs and unattended animals. Rather than amending the
entire Code and following careful review, he believes the best way to handle this isolated incident
is to have Council declare this situation as a nuisance and order that it be abated through litigation.
He will request that Mrs. Ailshire address Council regarding the complaints. Mr. Smith further
stated that the affected party has retained counsel, Mr. Chris Cline.
Discussion followed about the legal challenges which could be raised by this action. Staff believes
that the city will be successful in litigation.
Mr. Smith further explained that he will request the court to order that the situation as it presently
exists be altered so that the neighbors can enjoy their homes.
Mr. Strip clarified that this is not an "anti-dog" ordinance, but rather an ordinance to alleviate the
noise and discomfort of the situation on Summitview Road.
Mr. Smith suggested that Council members visit the site to view the situation for themselves prior
to the third reading. He confirmed that there has been no previous civil litigation regarding the
situation by adjoining or neighboring property owners. Mr. Smith will provide a memorandum to
Council regarding the legal issues prior to the October 4 meeting.
Becky Ailshire. 3940 Summitview Road, stated that her property is next door to the subject property.
I
i' She has lived at her property for almost 17 years and has witnessed the evolution of 3 dogs to 30 I
jl
REVISED 9-2Q-93
~SEp 2 p ~g93 L~ 1 ~ TEXT FOR PRELIMINARY DEVELOPMENT k~LAN
BALGRI~'FIN PLANNED UNIT DEVELQPMENT
t(
CITY 4F D~BLI~~~
---Thi-s Preliminary Development Plan, consisting of this teat,
together with the attached Preliminary Development Plan drawing and
Master Sanitary, Water and Storm Sewer Plans, is proposed and
submitted for approval under Planned Unit Development (PUD) District
regulations for the 70.6± acres located at the northeast corner of
Rings and Avery Roa~':""""It provides for a mix of uses consistent
with current planning efforts and settled expectations for the area,
and further respects the central elements of the City's
transportation planning efforts. It also proposes acres for
suburban office and light industrial uses under the Planned COmrnerce
District (PCD) regulations. A separate text is attached for that
area. Legal descriptions of both areas are attached. Acreages
internal to the site are not based on survey data, are approximate,
and may change slightly based on more refined engineer~.ng data.
The format of this text follows the Preliminary Development
Plan content requirements of Section 1181.07(q)(2) of the Dublin
Planning and Zoning Code.
A. North Point and Scale:
Please see Preliminary Development Plan drawing.
B. Proposed location and size of areas of residential use,
indicating dwelling unit densities, dwelling unit types and
total number of dwelling units for each density area and
the total number of dwelling units proposed in the
development plan:
There are three separate areas of residential use. Single
family development is proposed for 19.21 acres. A total of
60 single family lots are proposed, for a density of 3.125
homes per acre. Development standards for the single
family area are set forth in Appendix A. There are 24.8+
acres for apartment development, on which a total of 223
apartment units can be constructed (based on 9.0
units/gross acre). There is also an 8.1~ acre area
allocated for a total of 57 condominium units {based on 7.0
units/gross acre) The development standards for the
apartment and condominium areas are set forth in Appendix ~
to this text. Acreages as listed exclude right-of-way
along the perimeter of the site (primarily on existing
Rings and Avery Roads), but include rights-of-way internal
to the site.
C. The proposed size, location and use of non-residential
portions of the tract, including usable open areas, parks,
playgrounds, school sites and other public areas and open
spaces with the suggested ownership of such areas:
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There are only residential development in the PUD area of
the site. Adjacent property owned by the Applicant is
proposed for PCD zoning and development, and is addressed
in a separate, attached text. Open park area of 13.9E
acres is shown on the Preliminary Development Plan. Park
dedication would occur at the time development activity
under the zoning commences.
D. The proposed provision of water, sanitary sewer and surface
draining facilities, including engineering feasibility
studies or other evidence of reasonablenesss
Please see Master Sanitary, Water and Storm Plans.
Stormwater detention areas on private property will be
privately maintained, through a homeowners' association,
unit owners' association, apartment complex owners, or the
owner of property on which the detention area is situated.
E. The proposed traffic circulation patterns, including public
and private streets and parking areas indicating evidence
of reasonableness:
The Preliminary Development Plan depicts a 100 foot
right-of-way for the proposed Woerner-Temple/Rings
connector consistent with the adopted Southwest Area Plan.
This proposed major arterial will cross the site at the
northeast corner, as shown on the Preliminary Development
Plan. It also shows a street layout in the single family
area with two principal elements. The first is the
location of lots fronting on Rings Road to preserve its
single family character. (Lots fronting on Rings will have
a minimum lot width of 100 feet.) Second, the street
pattern will utilize a loop and cul-de-sac pattern off a
north south street (Horn Street) connecting present Rings
Road at the south and the proposed Woerner-Temple Road
extension at the north. The use of a loop and cul-de-sac
street system will permit a quiet residential street
system. The Preliminary Development Plan also provides for
a break in present Rings Road midway along the South
boundary of the site. The condominium development will
have no more than two curb cuts to Rings Road and the
apartment development will have access from Slunden Road
consisting of two curb cuts on the north side and two curb
cuts on the south, with adequate spacing to be determined
at final development plan review. An intexnal drive of a
minimum width of 22 feet will be located between the
existing office building and the north property line. This
will provide access to the PCD site and the apartments to
the east.
F. The proposed schedule of site development, construction of
structures, and associated facilities. Such schedules
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those parts of the sewer and water lines in the Single
family area will be installed when development of the
single family occurs, those parts in the condominium area
when development of the condominium area occurs, etc.).
Detention will be established at the time of the
development segments to be served.
The developer has agreed to construct, or provide for
constructing, a portion of the Woerner-Temple/Rings
extension. The details of this commitment are set forth in
Appendix C.
G. The relationship of the proposed development to existing
and future land use in Ehe surrounding area, the street
system, community facilities, services and other public
improvements:
The development proposed is Consistent with current and
historic area plann~,ng efforts. It completes the single
family character of the Wilcox Road corridor, and provides
for an orderly transition of uses westward. It further is
consistent with the City's plans for a new Rings Road.
Finally, it is consistent with that part of the concept
plan approved by the City in July, 1992, for the majority
of property presented by this Preliminary Development
Plan.
H. Space for appropriate Council ordinance dumber approving
Preliminary Development Plan:
Please see the Preliminary Development Plen drawing.
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APPENDIX A
SINGLE FAMILY DEVELOPMENT STANDARDS
BALGRIFFIN PLANNED UNIT DEVELOPMENT
A. Allowable Uses
Lots will be restricted to use for single-family
residential purposes. Commercial or .trade activity will be
prohibited.
B. Use Restrictions
Deed restrictions will be imposed which prohibit the
following:
• Temporary structures, trailers and storage
buildings, other than in conjunction with
construction purposes or for initial lot
sales pending model horns construction, and
in accordance with applicable City of Dublin
requirements.
• The keeping of animals or birds other than
household pets.
• The dumping or keeping of trash or refuse,
other than in proper containers screened
from view from the street and other
properties.
• Outdoor clotheslines.
• Outdoor satellite dishes and antennae.
Maintaining boats, trailers, campers,
• recreational vehicles or commercial
vehicles, unless in garages or for
occasional periods not to exceed 72 hours in
any 30-day period, in accordance with Dublin
city standazds.
• Signs other than for sale signs, promotional
signs used by the builder during
construction, or small signs for periodic
garage sales. Any signs not prohibited by
Balgriffin deed restrictions would still
require applicable City of Dublin
authorization,
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C. Architectural/Design Standards
Each home will have an attached garage to accommodate at
least two automobiles. Thez~e will be no split or bi-level
homes. No lot shall have a home with the same elevation or
color treatment as a home on an adjacent lot on the same
street. The minimum living area for ranch homes shall be
1,900 square feet and for two-story homes shall be 1,700
square feet, except for homes on lots fronting on Rings
Road, which shall be 2,000 square feet for two-story homes
or 1,800 square feet for ranch homes. Sidewalks and street
trees will be installed to City standards. The sidewalk
along the east side of Norn Street will be five feet in
width. An eight foot concrete bikepath along the front of
Rings Road lots will be installed in lieu of a sidewalk.
D. Streets
Rights-of-way are shown at 60 feet. Street width will be
28 feet (back to back of curbs), except for eyebrows and
cul-de-sac bulbs, which wil]. meet standard Dublin
requirements. The City may require a wider taper at the
intersection with Norn, opposite Blunder, to better
integrate the different widths of Blunden and the street in
the single family area. On-street parking may be
restricted to one side of the street as directed by the
City Engineer.
E. Yard Requirements
Minimum side yards shall be 6 feet on each side for lots 75
feet in width or less, and 8 feet on each side for lots of
more than 75 feet in width, measured to the closest point
of the foundation. The total combined sfdeyards shall be
at least 12 feet for lots 75 feet in width or less, and at
least 16 feet for lots more than 75 feet in width. Rear
yards shall be 20~ of lot depth (25 foot minimum) and shall
not be required to exceed 50 feet in any case. Masonry
fireplace foundations cannot encroach into required yards.
Prefabricated fireplaces may encroach up to 24 inches.
F. Fences
Fences are permitted on individual lots provided they are
in compliance with Chapter 1309 of the codified ordinances
of the City of Dublin and are subject to the following
additional restrictions.
1. No fence may exceed a platted building line.
2. No fence may encroach a no build zone.
3. Fences are restricted in rear yards only.
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4, All fences must consist of wpgd, stone or masonry
materials. Metal, plastic, or fabric fences are not
permitted except that black wire mesh may be used in
conjunction with split rail fencing.
G. Tree Preservation
Efforts will be made to preserve existing trees or tree
masses that are not located within street rights-of-way as
shown or site buildable areas. Site utilities will be
located where possible to minimize adverse impacts on
existing trees. The developer or builder shall install
snow fencing to preserve existing tree masses that are not
located within street rights-of-way or site buildable areas
before construction commences on the lot which the tree
mass is located. The snow fencing shall remain in place
until construction on the lot is completed.
H. Bikepath
Bikepath locations are generally shown on the Preliminary
Development Plan, and include the north side of Rings Road
from the east boundary of the site. to Avery Road and along
the west side of Norn Street from Rings Road north through
the parkland. Construction of the bikepath will meet City
standazds of 8 feet in width minimum. The bikepath-..along
the north side of Rings Road in the. single family area
shall be constructed with concrete. The bikepath within
the single family area shall be installed within eighteen
months of Final plat approval. The bikepath along Norn
Street within the multi-family areas shall be of asphalt
material and shall be installed with Norn Street. Though.
nit shown on the Preliminary Development Plan, an 8 foot
asphalt bikepath will also be installed in conjunction with
the condominium units on the north side of Rings between
Norn Street and Avery Road. Sidewalks will not be
constructed along those street frontages where bikepaths
are constructed,
I. Fntry Feature
An entry feature may be provided, subject to approval in
the final development plan process.
J. Street Trees
Street trees shall be installed along all streets in
accordance with Section 1187,09 of the Dublin Planning and
Zoning Code.
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APPENDI~C B
MULTI-FAMILY (APARTMENT AND CONDOX+'IINIUM) DEVELOPMEN2 STANDARDS
• HALGRII'FIN PLANNED UNIT DEVELOPMENT
A. Allowable Uses
Areas designated in the Preliminary Development Plan for
apartment and condominium use shall be fox multi-family
dwelling units. The apartment area shall consist of a mix
of garden units (1 or 2 bedroom) between 800 and 1,000
square feet and townhouse units of roughly 1,200 square
feet, or more. Townhouse units will have basements.
The condominium area shall be required to be established as
a condominium development, with individual units offered
for sale, The condominium units will be between 1,100 and
1,900 square feet, will include ranch and two-story units,
and each unit will have a.l oz Z car garage.
B. Yard Requirements/Setbacks
Building setbacks will be established at a distance of
60 feet from the proposed Avery Road right-of-way, 40 feet
from the proposed Rings Road right-of-way, and 30 feet from
other public streets. Faveinent setbacks will be
established at 24 feet from the proposed Avery Road
right-of-way, 20 feet from the Rings Road right-of-way, and
15 feet from the proposed right-of-way of other adjacent
public streets. Buildings shall not be located closer than
25 feet, and parking not closer than 5 feet, to any
exterior boundary other than adjacent to public
rights-of-way. Buildings shall be 25 feet or more from any
internal drives.
C. .Access
Access to the apartment area shall be from Blunden Road,
and will consist of four curb cuts, two to the north and
two to the south. Future access to the north may be
possible, and would not be foreclosed by this teat. Access
for the condominium area will be from Rings Road, and will
consa.st of two curb cuts. Curb cut locations will be
established in the final development plan process. Qrior
to construction of multi-family units, the developer shall
prepare a traffic study. The scope of the study shall be
reviewed with the City Engineer.
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D• Density
There shall be no more than 223 units in the apartment area
indicated on the Preliminary DevelopmEnt Plan, and no more
than 57 units in the condominium area. These unit caps are
based upon densities of 9.0 per acre for the 24.6± acre
apartment area and 7.0 per acre for the 8.].f, condominium
area, and are based upon the approximate gross areas (less
Rings Road and Avery Rpad rights-of-way, but including
rights-of-way izlternal to the site, and not including any
park area.j In the event final acreages £or these segments
vary from the approximate acreages, the density as stated
shall control.
E. k~arking Standards
Off-street parking shall be as specified under Chapter 1193
of the Dublin Planning and Zoning Code. The number of
spaces shall be 2.0 per unit, ezcept that there will be 2.5
spaces for each unit having more than two bedrooms. The
spaces shall be nine by nineteen feet. Handicapped spaces
will meet applicable requirements.
F. Design Standards
Buildings shall be 35 feet or less in height, computed in
accordance with Section 1127.02(7) of the Dublin Planning
and zoning code.
1. Building exteriors shall be of natural materials, such
as stone, stucco, brick, cedar or wood siding, or
other compatible material.
2. Gabled roofs with gray or brown asphalt shingles or
other compatible materials will be provided.
3. Roof pitch will be 5/12 or steeper.
4. Architectural design elements of the apartment and
condominium areas shall be Consistent and compatible.
G. Tree Preservation
The apartment and condominium areas shall be laid out in a
manner which avoids destruction of existing stands of trees
or tree masses. Snow €encing shall be installed around
such stands of trees or tree masses, at a distance of ten
feet from the drip line, before any construction activity
occurs within 200 feat of the stands of trees or tree
masses, and shall be maintained until after such
construction activity is completed.
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H. Lighting Requirements
1. Lighting shall meet the attached Dublin Lighting
Guidelines.
2. All lighting within parking areas shall be cut-off
type fixtures {down lighting) and shall not project
onto or interfere with any adjacent uses.
3. All pedestrian/walkway area lighting shall be low-type
fixtures, directing light onto the walkway surfaces.
4. All external outdoor lighting fixtures and poles shall
be of similar color and design to the fixtures and
poles in the adjacent PCD area. Zf the PCD area has
not developed when development of this site proceeds,
light fixtures shall be chosen that are dark in color.
5, The height of lighting poles shall not exceed 18 feet.
i. Landscaping Requirements
Landscaping shall conform to the requirements of Chapter
1187 of the Dublin Planning and Zoning Code. 6treet trees
shall be planted along all public road frontages in
accordance with Section 1187.09 of the Dublin Zoning Code.
J. IIse Provisions
Use and development of the apartment and condominium areas
shall meet the following requirements:
• Trash receptacles shall be screened and located so as
to minimize adverse impacts, including visual
impacts. Screening shell be provided on four sides,
and be consistent with the materials used in the
development overail.
• Antennae and outdoor clotheslines will be prohibited.
• The Condominium area may include a model unit for
sales during the construction phase and until the
first sale of all units, subject to Dublin
requirements. .
• The apartment area may include a rental office.
• Both areas may include a clubhouse, and associated
recreational facilities.
Fence location and material shall be subject to review and
approval in the final development plan process.
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K. Bikepath
Bikepath locations are generally shown on the Preliminary
Development Plan, and include the north side of Rings Road
from the east boundary of the site to Avery Road and along
the west side of Norn Street from Rings Road north through
the parkland. Construction of the bikepath will meet City
standards of 8 feet in width minimum. The bikepath along
the north side of Rings Road in the single-family area
shall be constructed with concrete. The bikepath within
the single family area shall be installed within eighteen
months of final plat approval. The bikepath along Norn
Street within the multi-family areas shall be of asphalt
material and shall be installed with Norn Street. Though
not shown on the Preliminary Development Plan, an 8 foot
asphalt bikepath will also be installed in conjunction with
the condominium units on the north side of Rings between
Norn Street and Avery Road. Sidewalks will not be
constructed along those street frontages where bikepaths
are constructed.
L• Sidewalks
The developer commits to installation of a five foot
sidewalk along the east side of Avery Road. Should
construction o£ the sidewalk at the time development of the
apartment or condominium areas occurs is deemed by the City
to be inappropriate, the developer may satisfy this
commitment by a monetary contribution to the City in the p
amount of estimated construction costs as of the time of
the contribution, or such othex mechanism as may be
acceptable to the City and the developer. All other
stzeets shall have four foot sidewalks.
r'1• Buffering Adjacent to Nonresidential Uses
Currently there exists a tree line along the boundary
between the proposed apartments and the PCD area which does
not provide year round screening. When the agartments or
the PCb area develop, whichever occurs first, buffering
will be required to augment the existing tree line. A
buffer is also required between the apartments and the
Hoffer tract The buffer shall be at least 25 feet in
width and include the following: a combination of
evergreen and deciduous trees to achieve an opacity level
of 75 percent or greater. The buffer may be located half
on the apartment site and half on the PCA site, but must be
fully installed at one time. The evergreen trees will be a
minimum of six feet in height at installation; the
deciduous trees will have a two inch caliper at
installation. Shrubs may be used to augment the buffer. A
three to four foot mound may be used, in addition to
planting, where there are no existing trees, or where an
T~h
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arborist determines the existing trees should be removed.
The buffering requirement still be specified at the time of
final develoQment plan for the apartment or PCD areas.
A buffer consisting of evergreen plantings adequate to
screen the adjacent nonresidential develogment of the Hofer
property (south of the PCD site and north of the
apartments) shall be installed at the time the adjacent
apartment area develops.
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APPENDIX C
. BALGRTFFIN/WOERNER TEMPLE-RINGS
EXTENSION CONTRIBUTION
The following represent principal points concerning
contribution by the Applicant, Avery Road Limited (ARL) to the
Woerner Temple-Rings Extension (WIRE) as part of the Halgriffin +
rezoning package. ARL commits to the construction of 765 linear
feet of WIRE through one of the alternatives set forth below. The
commitment is based upon street pavement of 41 feet in width back to
back of curb, sidewalk and/or bikepath, storm sewer, and street
lights. The commitment relates to design and construction only;
right-of-way acquisition is excluded (although that portion of the
WTRE right-of-way as shown on the Balgriffin preliminary development
plan would still be dedicated).
AL~RNATIVES
1. ARL would construct a segment of WIRE 765 feet in
length ar greater.
• The segment could be at any point between Avery Road
and Coffman Road extension as designated by the City.
• The segment would be of a reasonable length, X65 feet
or greater, as determined by the City.
~ ARL would be responsible only for costs, on a private
construction basis, associated with 765 feet of the
segment if the segment is longer than 765 feet; ARL
would undertake remaining construction on a prorated
basis, with construction Costs being reimbursed by the
City or a third party.
• Trigger date: ARL would be required to fulfill the ~
commitment under this option when occupancy permits
for two-thirds of the multi-family (apartments and
condo minimun) units under the $algriffin PUD are
issued or 5 years from the date of zoning, whichever
is earlier.
~ Adequate right-of-way acquisition or dedication by the
.City is a prerequisite to this option.
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2. If another' private entity designs and constructs a
segment of WTRE prior to the trigger' date under Item 1, above, ARL'
will be given the option of contributing the costs, on 8 private
construction basis, for 765 feet of WTRE. ARL will be given the
option prior to any other owners or developers other than developers
constructing portions of WTRE on property they dedicate to the
City. If ARL would exercise this option, the segment to be
constructed by another private entity would be extended if possible
to include the distance necessary to include 765 feet, the costs of
• which would be born by ARL. At any time after two years, and if an
opportunity for private canstruciozl of 765 feet or more of WTE
materializes, the City may di~cect ARL to fulfil its Commitment under
this option,
3. If no other private project materializes under Item 2,
and if the City is not prepared (by reason of inadequate.
right-of-way acquisition, incomplete engineering, or otherwise) to
direct AAL to proceed under Item 1, above, at the trigger date, ARL
and the City may mutually agree upon terms by which ARL'6 obligation
could be deferred for a reasonable time. The City may, as a
condition to its agreement, obtain suitable security {such as escrow
or performance bond) from ARL for such deferral.
4. i£ none of the foregoing three options materialize,
ARL may fulfill its obligation by making a monetary contribution of
$229,500, which represents the estimated cost of constructing 765
feet of WTRE with 41 feet of pavement, storm sewer, street lights,
and a sidewalk on one side and a bikepath on the other. Payment
shall be due at the trigger date under Option 1. The contribution
shall be held by the City in s separate, interest beating account to
be established by Council until such time as it is applied by the
City to the construction of the part of WTkE it is to fund. Should
the construction to which the contribution is applied fail to
include any elements (bikepaths, street lights, etc.) on which the
contribution was based, the portion of the contribution attributable
,~.y to the excluded element, together with interest earned on it, will
be returned to ARL. If the City later secures construction of WTRE
at a cost of less than $300.00 pet linear foot, the difference,
together with interest earned on the difference, would be returned
to ARL.
The obligations of ARL would be eliminated if the City
later determines not to proceed with WTRE. The obligations of ARL
would run with the Balgxiffin site, and would be assignable to
future developers and/or owners.
MEYER/1711
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PLANNED COMMERCE DISTRICT
BALGRIFFIN pH•FICE/LIGHT INDUSTRIAL USE
A. Allowable Uses
Permitted uses shall be all permitted uses under Section
1159.01 Suburban Office and Institutional District] a Car
wash (either full serve, automated or self serve);
maintaining of motor vehicles, including maintenance and
restoration work, provided that such use shall not be of a
variety open to the general public; uses permitted under
Restricted Institutional District Section 1169.01(b)
(Wholesaling), uses permitted under Limited Industrial
• District Section 1171.01(d) and those uses permitted under
Limited Industrial District Section J.171.01(c)
{Warehousing, Wholesaling and Transportation Services)
specifically set forth below.
e ~ n 71
(12) 502 Drugs, chemicals and allied products;
(13) 503 Dry goods and apparel;
(l~) 504 Groceries and related products;
(15) 505 Farm products - raw materials;.
(16) 506 Electrical goods;
(17) 507 Hardwax'e, and plumbing and heating
• equipment and supplies; •
(18) 508 Machinery, equipment and supplies; and -
{19) 509 Miscellaneous wholesalers {except scrap and
waste materials).
Uses in the foregoing categories may include warehousing or
wholesaling. Only material that is Iow hazard tray be
stored on site.
Development standards shall follow Section 1159.03 of the
Dublin Planning and zoning Cvde for uses permitted under
the suburban office and Institutional District, and Section
1169.03 for any other permitted uses, except specific uses
under Section 1171.01, which shall meet the requirements of
Section 117],.03 (except as to frontage on a public
street). The Board of Zoning Appeals may vary development
standards under this text in appropriate cases, and in
resgonse to applications submitted under Chapter 1129 of
the Dublin Planning and Zoning Code.
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B. Yard Requirements/Setbacks
The building setback along Avery Road Should be established
at 60 feet from the proposed Avery Road right-of-way, and
the pavement setback should be 24 feet from the proposed
every Road right-of-way.
C• Qarking Standards
. ofd-street parking shall be as specified under Section 1193
of the Dublin Plainning and Zoning Code.
D• Lighting Requirements
1. Lighting-shall meet the attached Dublin Lighting
Guidelines.
2. All lighting within parking areas shall be cut -otf
type fixtures (down lighting) acid shall not project
into or interfere with any adjacent existing uses.
3. All pedestrian walkway area lighting shall be low-type
fixtures, directing light onto the walkway surfaces.
4. All external outdoor lighting fixtures and poles shall
not exceed eighteen feet in height. They shall be of
a similar color and design to the fixtures and poles
in the adjacent PUD-multi-family area. Z£ the
adjacent PIJI~-multi-family area has not developed at
the time development of this LCD area occurs, fixtures
and poles shall be chosen that are dark in color.
E. Signage and Graphics
Signs shall conform to provisions of Chapter 1189 of the
Dublin Planning and Zoning Code.
F. Landscaping Requirements
Landscaping shall conform to the requirements of Chapter
1187 of the Dublin Planning and Zoning Code, including
street trees,
G. Trash Receptacles
Trash receptacles shall be screened and located so as to
minimize adverse impacts, including visual impacts.
Screening shall be provided on four sides, and be
consistent with the materiels used in the development
overall.
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H• Sidewalks
The developer commits to installation of a five foot
sidewalk along the east side o£ Avery RoaB. Should
construction of the sidewalk at the time development of the
PCD areas occurs is deemed by the City to be inapprogriate,
the developer may satisfy this Commitment by a monetary
contribution to the City in the amount of estimated
construction costs as of the time of the contribution, or
such other mechanism as may be acceptable to the City and
the developer.
I• Architectural Standards
buildings shall have a height, as defined in the Dublin
Zoning Ord~.nance, of 35 feet or less. Exterior materials
be of earth tone colors compatible with the existing
building (5720 Avery Road). Building designo shell
incorporates a residential style roof line, such as gabled,
hip or gambrel. Buildings shall be architecturally
integrated wzth the surrounding area.
J• Access
The curb cut to Avery Road serving the existing building
(5720 Avery Road) shall remain. Additional development
under this PCD shall be at a single location which is shown R
on the Preliminary Development plan. A private drive
connecting the multi-family segment of the PUD area to the
east, as shown on the Preliminary Development Plan, will be
established.
K• Buffering Adjacent Residential Area
Currently thez~e exists a tree line along the boundary
between the proposed apartments and the PCD area which does
not provide year round screening. When the apartments or
the PCD area develop, whichever occurs first, buffering
will be required to augment the a=fisting tree line. A
buffer is also required between the apartments and the
Hoffer tract. The buffer shall be at least 25 feet in
width and include the following: a combination of
evergreen and deciduous trees to achieve an opacity level
of 75 percent or greater. The buffer may be located half
on the apartment site and half on the PCD site, but must be
fully installed at one time. The evergreen trees will be a
minimum of six feet in height at installation; the
deciduous trees will have a two inch caliper at
installation. Shrubs may be used to augment the buffer. A
three to four foot mound may be used, in addition to
planting, where there are no existing trees, or where an
arborist determines the existing trees should be removed.
The buffering requirement will be specified at the time of
final development plan for the apartment or PCD areas,
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