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AN ORDINANCE AMENDING THE ZONING MAP AS TO APPROXIMATELY 16.78 ACRES, MORE OR LESS, OF A TRACT OF LAND, LOCATED AT 0 GROVEPORT ROAD, COMPRISED OF A PORTION OF PARCEL NUMBERS 185-002772, 185-002773, 185-002774, AND 185-003040, FROM PLANNED INDUSTRIAL PARK (PIP) TO LIMITED INDUSTRIAL (LI), AMS LAND ACQUISITIONS, LLC, APPLICANT
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WHEREAS, it would be in the best interest of the citizens of the City of Groveport Ohio, if certain properties were rezoned.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GROVEPORT, FRANKLIN COUNTY, OHIO, A MAJORITY OF ITS MEMBERS CONCURRING:
Section 1: That a tract of land being approximately 16.78 acres, more or less, located at 0 Groveport Road, comprised of a portion of Parcel Numbers 185-002772, 185-002773, 185-002774, and 185-003040 be rezoned from Planned Industrial Park (PIP) to Limited Industrial (LI) pursuant to the attached rezoning application of petitioner, AMS Land Acquisitions, LLC, and legal description.
Section 2: That the zoning map shall be amended to reflect Section 1 provided that petitioner conforms with the requirements, conditions and/or recommendations of the Planning & Zoning Commission and/or Council:
1. A Development Agreement shall be established and entered into between the City of Groveport and Developer before site development begins, to memorialize requirements on the Developer for completing the design and construction of on- and off-site public infrastructure improvements identified by the City as necessary to support site development.
2. Design and construction of any off-site storm drainage system improvements that may be located within Madison Township / Franklin County jurisdictional areas shall meet Franklin County Drainage Standards established for stormwater drainage systems in all aspects, including requirement made on the Developer to secure and record drainage easements and agreements made with affected private property owners, where easements are not in place, if required by the County, Township, and / or City.
3. Any off-site improvements to Groveport Road, Saltzgaber Road, or any other public roadway that are identified by the City Administrator following their review and acceptance of one or more Traffic Impact Studies, to be the responsibility of the Site Developer to complete, shall be constructed contemporaneously with or prior to the construction of site improvements. Design of off-site roadway improvements shall comply with design standards set forth in the Ohio Department of Transportation (ODOT) Location and Design Manual, and as approved by the City of Groveport Engineering Department.
4. Substantial Conformity with Approved Exhibit. The rezoning shall be implemented in substantial conformity with the zoning exhibit submitted with the application and attached hereto as Exhibit A. For purposes of this approval, "substantial conformity" shall mean that:
a. The general location, orientation, and relationship of the proposed zoning districts remain consistent with Exhibit A;
b. The acreage assigned to each zoning district shall not vary by more than ten percent (10%) from the acreage depicted on Exhibit A;
c. The future parcel and zoning district boundaries shall not materially alter the development pattern, access configuration, buffering relationships, or overall intent of the approved rezoning; and
d. No non-conforming lots, zoning districts, or development conditions shall be created.
5. Submission of Final Zoning Boundary Exhibit. Prior to recording any subdivision plat, lot split, or other instrument creating separate parcels for the approved zoning districts, the applicant shall submit a Final Zoning Boundary Exhibit prepared by a registered surveyor or professional engineer for review and approval by the City. The Final Zoning Boundary Exhibit shall identify the proposed parcel boundaries, zoning district boundaries, acreage of each zoning district, and any other information reasonably required by the City to verify compliance with these conditions.
6. Administrative Approval of Final Boundary Configuration. City Administrator, or their designee, may approve the Final Zoning Boundary Exhibit and associated parcel configuration upon determining that the proposal remains in substantial conformity with Exhibit A and satisfies all conditions of approval. Any proposed boundary adjustment that exceeds the ten percent (10%) acreage threshold for either zoning district, or that otherwise materially deviates from the approved rezoning exhibit, shall require further review and approval by City Council through an amendment to the rezoning.
7. Future Platting Requirement. Within one (1) year of the effective date of the rezoning ordinance(s), the applicant shall record a subdivision plat, lot split, or other instrument acceptable to the City establishing separate parcels corresponding to the approved zoning districts and consistent with the approved Final Zoning Boundary Exhibit.
8. Failure to Comply. Failure to satisfy all the above listed conditions within one (1) year of the effective date of the rezoning ordinance shall constitute a violation of this approval and may result in the initiation of proceedings by the City to reconsider, amend, or repeal the rezoning approval, subject to applicable law.
9. Effectiveness of Zoning Classification. The zoning classifications approved by this rezoning shall not be reflected on the Official Zoning Map nor become effective as to the respective subareas until the subdivision plat, lot split, or other instrument creating the parcels corresponding to the approved zoning districts has been reviewed and approved by the City and duly recorded. Until such recording occurs, the property shall remain subject to its existing zoning classification(s). Upon recording, the approved zoning classifications shall automatically apply to the respective parcels as established by the recorded instrument and approved Final Zoning Boundary Exhibit.
Section 3: That for the reasons stated in the preamble hereto which are made a part hereof, this Ordinance shall take effect and be in full force from and after the earliest period allowed by law.
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Lance Westcamp, Mayor
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Mindy Kay, Clerk of Council
Approved as to form:
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Kevin C. Shannon, Law Director