047-88 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
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• 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.
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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."