Loading...
HomeMy WebLinkAbout93-03 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 93-03 Passed , 20, AN ORDINANCE TO REZONE APPROXIMATELY 1.6 ACRES, ON THE NORTH SIDE OF TULLER ROAD, 540 FEET EAST OF RIVERSIDE DRIVE, FROM R-1, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT TO SO, SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT (CASE NO. 03-0882 -THOMAS REZONING - 4444 TULLER ROAD). NOW, THERF,FORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ 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 SO, Suburban Office and Institutional District, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 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 shall take effect and be in force from and after the earliest period allowed by law. Passed this day of ~/ v U y~G/rLb f~/, 2003. - Presiding Officer Attest: .mac- ~=- 1<~/ Clerk of Council Sponsor: Planning Division I hereby certify that copies of this Ordinance/Resolution were posted in the Ciry of Dublin in accordance with Section 731.25 of the Ohio Revised Code. `~~~- De Clerk of Council, Dublin, Ohio 03-0882 City of Dublin THOMAS PROPERTY Division of Planning 4444 TULLER ROAD N Feet 0 455 910 Department of Development Division of Planning 5800 Shier-Rings Road • Dublin, Ohio 43016 CITY OF DUBLIN Phone: 614-410-4600 • Fax: 614-761-6566 TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager ~,~,~,L,s. (~ ~--- DATE: November 3, 2003 RE: Second Reading for Rezoning Ordinance: Ordinance 93-03 (Case No. 03-0882 -Thomas Rezoning) INITIATED BY: Gary P. Gunderman, Assistant Planning Di~~r /-~J~ - SUMMARY: Memo Ordinance 93-03 for the Thomas property at 4444 Tuller Road is being forwarded for second reading. On October 2, 2003, the Planning and Zoning Commission approved a request for a change in zoning of 1.6 acres from R-l, Restricted Suburban Residential District to SO, Suburban Office and Institutional District for this site (See Record of Action 03-088Z). The proposal shows a 2,365-square foot, one-story residence with a 790-square foot attached garage being converted into an office use. RECOMMENDATION: The application is being forwarded with a recommendation for approval with three conditions: 1) That CDD approval be granted prior to construction, occupancy, or use of this site as an office; 2) That the existing structure be limited to the existing square footage, and any future expansion will require approval from the Planning and Zoning Commission; and 3) That right-of--way along Tuller Road be dedicated to the City, in accordance with the Thoroughfare Plan (40 feet from centerline), within 30 days of passage by City Council. Motion to adopt Ordinance 93-03 on second reading. Attachments EXHIBIT "B" REZONING APPLICATION {Code Section 153.234) TO EXPIRE _ .~;E~~ ` `~"~ ~='t ~~ `~ ORDINANCE NO. ' ~_ DlvisioaufPlmrdug CITY COUNCIL 1ST Reading $ 1 ~ f v3 5800 Shia-Rings Rood CITY COUNCIL PUBLIC HEARING Dublin, Ohio 43016-1236 CITY COUNCIL ACTION Phone/TDD: 614.410.4600 fax:bt4-161-6566 Web Site: wxw.d~Rn-oh.us FOR pFFIGEUS~ ONLY ~, Amount Recetu ' ~ Application No: Q ~' 0 ~~ P&Z Date(s):. P&Z Action: I~, Recef t No• 3 MIS Fee No: Date ReCeived~ /' f~ v Received By: Al~r~ ~ ~ /(/` Type of Request: ~ L [.i0 n ~ /~ NOTE: Applicants are highly encouraged to contact the Division of Planning at 410-4600 for assistance to discuss the P&Z review process prior to submitting a formal application. CHECK THE TYPE OF APPLICATION: 021103 ^ Composite Plan (§153.058) ^ Preliminary Development Plan (§153.056) ^ Other (Please Describe)___ FAX CONFIRMATION WILL FOLLOW THE SUBMISSION OF THIS FORM DD~IDCRTV IAIFl1RM ATI~l A1• Tax ID/Parcel Number: ~ ~ 3 _ po ~ 9 0 ~ ----- - - I Parcel Size: j (Acres) I-- ~ ~-~-- ---- Property Address: L~y t~1 t' ~ UL L ~ 2 ~rC DY)- j~ _ _ _ ____ __________ - Side of Street (N, S, E. W): ,.J o r2T'1 Nearest Intersection: 31- ~ ---- -- ---------------- Distance from Nearest Intersection: ~Jt~O FEET, N, S, E~W (Circle) f rom Ne~ r In rs~c _ -- 4 - __ _- :wfY 4s'' :J Existing Land Use Development: ~_ ~• ~~~ ~- --- ------------ ------- - -- -- t' --- ------------------ Proposed Land Use Development: ~-% ~ J ~ ~ f~ ~°~ ~ ~ c ~ ~~.... ~ ` - - - -- , c ~r -- ~----~-- -- ---------- -- -- Current or Existing Zoning District: I~ Requested Zoning District: T ; Numbe r of Acres to be Rezoned: -~.~ , ,i - ;. h ,f } I ~ yi' ~,~~~ ~ e Rezoning Statement: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. ~ a..~.~,...~... State briefly how the proposed zoning and development relates to the Dublin Community Plan. Previous Application: Has an application for rezoning the property been denied by the City Council within the last two (2) years? ~~ If Yes, When? State the basis of reconsideration: IF A PLANNED DISTRICT IS REQUESTED, IS A COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ^ NO ^ IF A PLANNED DISTRICT IS REQUESTED, IS THE PROPOSED DEVELOPMENT TEXT ATTACHED? YES ^ NO ^ ~~°~a~~~ IV. PLEASE SUBMIT THE FOLLOWING: TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION 14 COPIES OF LEGAL DESCRIPTION Legal description of the property to be zoned consists of ' page(s). ^ 14 SETS OF A SCALED, SITE/STAKING PLAN (NOT GREATER THAN 24" x 36") AND 14 SETS OF REDUCED SITE DRAWING(S) (NOT GREATER THAN 11" X 17") SHOWING: a. The site and all land 500 feet beyond the boundaries; b. North arrow and bar scale; c. Locations, size, and dimensions of all existing and proposed conditions and structures (significant natural features, landscaping, structures, additions, decks, access ways, parking, etc.); d. Proposed Uses (Regional transportation system, densities, number of dwellings, building/unit types, square footages, parking/open space, etc.); e. Existing and proposed zoning district boundaries; f. Size of site in acres/square feet; and g. All property lines, setbacks, street centerlines, rights-of-way, easements, and other information related to the site. ^ ~ 14 COPIES OF COUNTY TAX PARCEL ID MAP: (NOT LESS THAN 8'/z" X 11"AND NOT MORE THAN 16" X 20") ~ Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned. 14 SETS OF SCALED, DETAILED ARCHITECTURAL ELEVATIONS (IF APPLICABLE) ~~ !~ y~ FOR SIGNS, 14 COPIES OF ACCURATE, SCALED DRAWINGS SHOWING: a. Location of sign and sign type (wall, ground, projecting, or window) b. All dimensions of sign, including letter sizes and proposed distance from sign to grade c. Proposed copy layout and lettering styles (fonts) d. Materials and manufacturer to be used in fabrication e. Total area of sign face (including frame) ~ ~ f. Type of illumination N ~ MATERIAL AND COLOR SAMPLES (color chips, photos, plans or brochure of product information). Include manufacturer nam number. ~:, ~'s , ' ~r ~ ~ " eye e and ~~ ~ ~ *~ ~ z y~ . /+AGITI/'_11/111C DD/1DCDTV l1WNIFRC• P~ IQr .~ J% N List all neighboring property owners within 300 feet from the perimeter of the property. County Auditor's current tax list. Electronic copies of property owner lists are encouraged. -- Information must be in accordance with the (Use additional sheets as necessary.) - --- ---- -- -- - 7- PROPERTY OWNER (not Mortgage Company or Tax Service) i - MAILING ADDRESS ~ CITY/STATE2IP CODE ~,J `~~90 LIJ'~IAN DLA - 14//E COLJ'~+nSvs O~.}l0 -- ~ ~!}~h r L ~- n ^ ~ ? D ~ fZ O C..I Z R df . j f~6 ri , r! C , T a 1~-! ~j3aC,~( -- -- a -t i.~.o ,,„ „a.S U av t o rr S'o ~uE ~~ Z 7 Y a i3 Ro C K ~ 9 -- oM - ° ~~Lri,-J C tT'~. C u rJ F3 M J'~ v '} ti- L-~ G G 4 R~ c,1+aa0 1z it-' S I s TFc / o a I ~ o-o ~ C to rry P u S /1 t= uJ 3 t v D C c t_ v », r3 u S o i+ t o y3 2 3~ A~,~Ar~ f'C• llKt141-~ % /DZDy W~~t-,.~Wra 41/o I PovJELL DµjD t13d~,y I ScNoTTiEasTFt~ ----- ,SToR~s GurtP '!9 $ J=,~CQts fl/E CoLVm3vS o-+to ~ s..13101~-3?19 - L~ --{- i - ~ v,~ P R o f- t,S S i o -------- w r~. ti. P Z R L ~ -~ G- t0 -- -- -- - -- -- i ', ~~ I ----- -- - --- - - -- ---------- I I I '~ i i --- - -- -- i -- --- I --- -- - ---- --- - - ~~ ~ a ~'~ ? • .~.~. r_._.. W...~ a VI VII. n r~~nrnrv r~w~~c~ ~ Anol 1l+A AIT IAICl1CIIAATIflA1• Current Property Owner/Applicant: Mailing Address: ?,~ ~ t) .~ RoL ~ ,R ~ , PL ~, I N C /T ~ ~ p /~ l d c) 3~ G H (Street, City, State, Zip Code) / Daytime Telephone: Gay- ~~~ - 388 Fax: ~~c/ - &~3 - LL~I. OWNER'S REPRESENTATIVE INFORMATION: Representative if different from property owner or applicant: (Also complete Section IX) Mailing Address: (Street, Daytime Telephone: City, State, Zip Code) Daytime Telephone: VI11. IX. X. XI. XII E-MAIL ADDRESS (IF AVAILABLE) Fax: PRIMARY CONTACT: Who is the primary contact person? (If different from Owner's Representative and Applicant) AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are necessary in order to process this application. The Owner/Applicant hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. UTILITY DISCLAIMER: The City of Dublin will make every effort to provide essential services to the property as needed. However, the rapid growth of the City of Dublin and northwest Franklin County has stretched the Citys capacity to provide these services to the limit. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date. The ApplicanUOwner acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Applicant. nwNFR AUTHORIZATION FOR AGENT/REPRESENTATIVE: I the owner/applicant, hereby authorize to act as my agent/representative in all matters pertaining to the processing and approval of this application including modifying the project, and I agree to be bound by all representations and a reements made by the designated agent.. Signature of Current Property Owner: Date: APPLICANT'S AFFIDAVIT: I the applicanUauthorized representative, have read and understand the contents of this application. The information contained in this application, attached exhibits and other information submitted is complete and in all respects true and correct, to the best of my knowledge and belief. Signature of Applicant or Authorized Representatives / , '/~~ Subscribed and sworn to before me this 'nl~ V I D L~ IYl 19 fi'~jH R Ll~ ~~t~IL(~ttJ Cfhl~'~ 5 t >~~ ~G ~ ~= b l-I t0 47 _ _d y of Notary Public ,~ Rezoning Application-rhl`~ CUy~I fu1551btJ ~aCpt age `~ofb •. ~ :, p... U ~~ ~ ~ ~ db~ ~ t ~ , .e y ~~ t~ Date: ~ _ ~ s O V r vA~fi': ~l~~ ''~ a i ~'( `a' ''t 'A'LA 1~8 ~Cte 0~/~2/03 29554eos ~~ EXHI$IT "11" Sicsted in the Vtllags of Dublin, Crn;nty ~f r ~klin and in the State o! Ohio: Situ:tad in puacter Township 2, Tovashi•~ 2 ;forth, Range 19 ifesC~ United States lSilitar/ L.•~'ds, in the Villago of Dublin, County of Franklin, Sta:• of Ohfo, and being a portion of a 50 acre trac. ~f land convsysd as First Tract to John I. T'hO:Raa ty dared of record in Deed Hook 1535, page 238, Recorder's Office, Franklin County, Ohio, and •baund~d and described as follows: eeginninq :t a railroad spike sat in the centerline of Tullec Road (no Legal right-of-'ray width established} and in the south Line of :~afd Pirst Tract, said raflroad spike being S. 86 def. 24' 19" Ease a distance of 580.00 fact from t P.K. Nafl found ac the intersection of the cone:cline of Tullec Road with the centerline of Riverside Drive - •Jhio Route 257 and acid railroad spike also being S. 86 dsq. 24' 49" East a distance of 13^.00 feet from a point at the southeast corner of a 1.820 acre tract of land conveyed oue of said First Trace to Julius 0. and Susan R. Fisher by deed of race*: t~ Deed Hook 3674, page 823, Recorder's dffiee, Fr:.~. fin Count', Ohfa; Thence N. 3 deg. 35' 11• Easc perpendicular to the centerline o: Tuller Road and perpendiculur to the • south line of said First Tract a distance of 345.83 _ feet to an icon pin act in eha curved south Baited access right-of-way 23ne of Interstate Routs 270 and in the curved south line of an 18.04 acre tract of • -~ land conveyed as Parcel Ho. 325 w~ ous of acid First a- ~~ Tcaet Lo State of O:iio by Ceed of reeorc in Oaed Q~ ~L ( Hook 2665, page 559, Recorder's Office -Franklin County, Ohio, as said right-of-way itne is shown u ~ pon Sheet 2s of 24 of Ohio Deparcaent 7f Transaortat~£on ~l9 7' right-of-way plans for FRx-270-7.~7 N. (passing an // iron pin at 30.00 feat); ~2~~~ Thence easterly along the curved south limited access right-oE-wa line o[ Incerstota Itout• 270 d \\ y an along the curved south line of said Parcel No. 325 HL and •:ich a curve to the right, data of which is: radius e 12,117.67 feet and sub-delta a 0 deg. 56' 33', a sub-chord distanca.of 194.31 fear bearing N. 83 deg. 20' 08" East to an iron•pin set; Thence S. 3 deq.~ 3S'~•11" West perpendicular to ~tha centerline o! tullar.•Road and perpendicular eo the south Iine.of said .First Tract a distance o: 381.29 - feet to a cailrobd: spike set in the centerline of Tuller Roed and in:the.south lfne of said First•TracC (pasainq• an.•fron.•oin.se•t•~aC'•351.29'•feet); ...,."~. Thence N.. 86 deg. 24' 49" West along the centerline . , ~ 1t, of 2uller 'Road and along a gortioa of .the south line p ~ 1Jsnfiod •'`'~ of said Firse Tract , a distance of 19b.I2 feet to the • ' glace of beginning; . .)c+M~ Circe P.~.. F ~ Frx~i.~Ca:n"Kv i Containing 1.638 acre's • of land, more oc les3, and • ~• ` t easements and being subject to all legal highways, I 47s,~:. ,. ~, restrictions of record. ~ `~. ,~~ The above description was' prepared ' by Richard J. ~•~", 'Bull, Ohio Surveyor No. 4723, of C.F. Bird ~ K.J. Bull, Ltd., Consulting Engfneera & Surveyors, Worthington, Ohio, Erom an actual boundary survey • performed in the Eield fn Pebruacy 198ti'. ~~~ ~ COPY ,~, SITE PLAN Being 1.638 ac. located in Qtr. Twp. 2, T2N, R19W, U.S.M.L., in the City of Dublin, Franklin County, Ohio For: _ ~ D. Thomas ~-- _~~ J. Thomas _ 70,E ~ ~_ ____ -Roue Inters~a~e /~ Area in Fl od Zone X. 0 40 80 II ~ ° ° ° Scale 1" = 40' ° ° ° July 30, 2003 ° \ ° hd. Brg.=N 83'20'08" E LEGEND ~. Len.=199.31' I o pine tree ~ \ I I \gross I I \ gross I 0 ciduous tree \ O 4" ~ I o power utility pole) 20o I ° . o ~ 24p OJO" I 02 I I 1.638 Ac` I 020" 71,357 sq. tt. ~ I Two foot contour interval I 020 ~ °.~0 topography from Franklin ~ 020" I Co. Auditor's GIS data. `r / step/\ M dow~ 4 W escopirr Property currently zoned R O2O" f'~OSMpin9 enclose - R-1, Residential. .- / n porch CO^crefe ~ ?4.4' on Proposed Zoning - Sp M 490. ` CM 4I3 nn 57.2' O I 1 sty. ~ brick I c I A!I public utll/ties Z H ,4444 1790 S.F. ~ "' ovoilob/e to property. I o20" " 2365 SF. (footprint) 1 a 68.5' 2/. 4' ~o'd`b Jonas op q I I Ping Zr7 ~' 077" \ 15 "O \ I ° I e / ~J D 1 I ( I \ ° S S \ o \ .Y gross o ~ ~ ~ 016" ~ ~ .~ - °/2" ~ I - averneod wires >I ~ _ 06" - - ~ \- _ _ - curb line 6o concrete S 8674'49" E 60 58^0.00' _`~ !} I ~/ I ~ N 86'24 49° W Tuller Rd. ~~~ ~~ U.l -a:C. ^- -'PATRIDGE }3ROFESSIONAL SURVEYORS l hereby certify that this plot is .correct"fo the b'~s(~ j ~. C _ ANQ ENGINEERS L.L.C. of my owledge. A ~tr,~ti%~.~. \ 1---~ _ 9464 DUBLIN ROAD ~!. ~ 1 ~j "`("3 '!t,_ (~ HOWELL, OHIO 43065 I~i~t.Y , ~• ~~ ^c~, '°~AX (614)-799-0030 ~ ~ ~~. t~`iE- } -- • r '.,,..r.' `°wn±mn ~~EL. (614)-799-0031 d Cop~j¢pf ~ HG1rid¢etf/ia/essionol Survpypfs"ond Engineers LLC. OfeSSlOf1OI Ur eyOr NO. ~-~~' 'i7 G~;`ICa b ~ thbinos ~ 8I26 =SP', ~:~; , . ~, , EXHIBIT "A" a- ~r-~ ~~.~ of 797 ~2/5~ 29554E05 Sic::ated in the Village of Dublin, County of r ~klin and in the Sate of Ohio: Situated in Quarter Township 2, Tavashi.~ 2 ;:orth, Range 19 Heat. united Staten tSilltary L..•~'d9, 1n the Villago of Oublin, County of Franklin, Sta:• of Ohio, and being a portion of •a 50 acre trace ~f land conveyed as First Treet to .Iohn 2. Thomas ty dtad of record in Deed Book 1535, page 238, Recorder's Office, Franklin County, Ohio, and -bounded and described as follows: - eeginninq ac a railroad spike sec in the centerline of Tuller Road (no legal tight-oE-ray width astebliahed) and in the south line of :said First Tract, said railroad spike being S. 86 def. 24' 49" East a distance of SBO.a0 feat Ccom c P.K. Hail found at the intersection of thn cent:cline of Tullac Road vita the centerline of Rivet:ids Delve - •]hio Route 257 and said railroad spike also being S. 8b deg. 24' 44" East a distance of 13^_00 Eeec from a point ac the southeast corner of a 1.820 acre tract of land conveyed out of said First Tract to Julius D. arsd Susan R. Fi:her by deed of ceca•: to oeed Book 3674, psga 823, R~cocder's Offic., Fra.•.'lin Count_~, Ohia; Thence ti. 3 deg. 35' 11` Easc perpendicular to the centerline o: Tuller Road and perpendicular to the south line of said First Tract a distance of 345.83 Eeec to an kart pin set in the carved south liaised access right-of-way line of Interacate RoutY 170 and in the curved south lino of an 18.Q4 acre react of land conveyed as Parcel No. 325 StL out of said First Tract to State of O:tio by Ceed of retort in Oeed Book 2665, psga 559, Recorder's Office 'Franklin County, Qhia, as said rightrof-way Line is shown upon Shflt 2s~•of 24 ef~ Ohio Deparzcant of 'Ccans?Ortnt"ion right-of-way plans foe FR.1-270-7.x7 N. (passing an icon pin at 30.00 feet); Thence easterly along the cucvsd south limited access right-of-vay line of Znterstate Route 270 and along the curved south line of saiC Parcel 2io: 325 HL and -:ith a tutus to the right, data of which ia: redius a 12,117.67 feet and sut>-delta z 0 deg. 56' .37`, a sub-chord distanca.oC 199.31 feec-beacing N. 83 de4. 20' OS" East t0 acs iran.pin set; Thence S. 3 deg. 35'•'11" Haat perpendicular to •eh. centerline of 2`uller .'Road and perpendicular to the aauth Iine.of :aid .First Tcacc a distance o: 3x1.29 feat to a railroad: spike net in-the centerline of Tullac Road and ics~the.aouth line of said First•Tract (pasainq•an-iron;ain.set'~dC'•351.29'-feet); ' ~ '~ Thence N.. 86 deg. 24' 49" Hest along the centerline - f o^4~~, of TullerRoad and along a portion of -the soath line ~~~~ '~=1 of said First Tract,a distance of 196.12 feet to the i' place of baginningj Jetxs Ciro F c.. ~ ~ 1 t - Fr.~iinC.o:+r•~v ~ ~ Containiaq 1.638 acre's, of land, more _ oc less, and ' being subject to all legel highways, easements and \ ~~ r~ - restrictions of record. - ``~.,,~~~` The above desceiption - vas• prepared ' by Richard J. 'bull, Ohio Surveyor No. 4723, of C.F. seed t R.J. Bull, LGd., Consulting Engineeca & Surveyors, Worthington, Ohio, from an actual boun3ary survey . performed in the Eield in Pebruacy 198G". - ~ ~~!-~ ~aPY 03-0882 City of Dublin THOiMAS PROPERTY Division of Planning 4444 TULLER ROAD Feet SITE PLAN Being 1.638 ac. located in Qtr. Twp. 2, T2N, R19W, U.S.M.L., in the City of Dublin, Franklin County, Ohio For: D. Thomas _~-- ~ / ~ J. Thomas ~p~e 2 ~/~ ~ ~ _ -- ~nters~ate // Areo in Fl od Zone X. 0 40 80 / 0 o ° Scale 1" = 40' o ° ° July 30, 2003 ° ° ~=~z»~.s ' ,, ° hd. Brg.=N 83'20'08" E LEGEND ~• Len.=199.31• ( I *~ - ' o pine tree ~ \ I I \9r°s s I I \ gross o ciduous tree 1 o power/utility potel 1co I ~ p4~ l I /~iN ° o I 240 0~ I "12 I 1.638 Ac~ I 020' 71,J51 sp. /l. CJt~,~~ I Two foot contour interval I ///~~~VVV~~"" Shown. ''11 / g r o s s ~ 020` I Topography from Franklin ~ Co. Auditors G!S data. ,`fj / slep/\ ~g4 down W dacaaii Property currently zoned ~ 020" a:ca„9 e~~°se - R-7, Residential. .- l " porcfi concre(e ^ 24.4' c Pro OSed zOnln - SO ;`1 CM 41'7 a I P 9 49.0' . 57.2' M L-- 1 sty. I f,, All public utilities ~ ~ bNck i y ~ o, ~ Ir,I ~i /4444 '^ h available f0 property. Z I OTO" ~ 2J65 S.F. (/oo(pry~(~ ' 790 SF. 6B.5' c I ia,m<ep;,. I 21.4' ~ e`er s a,,.,~ L O J7 ` ...... I ° - I I \ 15 "O \ 9 ass 4 o \ I ( I ~ ~ tt ;~ gross I ~` ° ` , ~ ry _\ \ ~ O iB` \ d - ~ 0/Z ~~ N ~~ _ ~ ?0 - L overAeod wire \ ~~ Q' ~ 06` _ - concre/e curb line 60 S 8674'49 ` £ ~ 60 SB0.00' ~ ~ _ -~ aspho/( ~~ ~ - N 86 24 `Fg - "' - - W --G ~_ '~TRIDGE 13ROFESSIONAL SURVEYORS l hereby certify that this plot is .correck''to the b~sR~ ~ C _ ANR ENGINEERS L.L.C. of my owledge. .! ~,~~5,(}'} ; 1 (,~ ..- _ 9464 OUBUN ROAD l f. 1 ' _ (~ ~OWEIL. OHIO 43065 1 ,4 ~•E ~. }~. ~ ~ `:-_~AX (614)-799-0030 ~ ~ r t •~~,,,,,iroa, n.o.,m~+ .~EL (614)-799-0031 -.. ~ ~; % Copxjpbf ° AOlridga~PEdlessiond SurvF and Enginecrs LLG Of@SSIOn 4I Ur BYOf NO. ~-~.~ ~~ Lam. !.• ~~ ~, b 8th - ~~ ~ ,: 1MSlnas ~ ~ r/r-,~~~ --_ ._crr~ t-r 1-t al.l Division of Planning 5800 Shier-Rings Road D,~" Ohio 43016-1236 Pha 00:614-410-4600 `'~ax: 614-761-6566 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION OCTOBER 2, 2003 The Planning and Zoning Commission took the following action at this meeting: 6. Rezoning 03-0882 -Thomas Property - 4444 Tuller Road Location: 1.6 acres on the north side of Tuller Road, 540 feet east of Riverside Drive. Existing Zoning: R-l, Restricted Suburban Residential District. Request: SO, Suburban Office and Institutional District. Proposed Use: An office use. Applicant: David and JoEllen Thomas, 7780 Brock Road, Plain City, Ohio 43064. Staff Contact: Mark Zuppo, Planner. MOTION: To approve this rezoning application because residential zoning is no longer appropriate for this site and an office use is compatible with the surrounding area, with three conditions: 1) That CDD approval be granted prior to construction, occupancy, or use of this site as an office; 2) That the existing structure be limited to the existing square footage, and any future expansion will require approval from the Planning and Zoning Commission; and 3) That right-of--way along Tuller Road be dedicated to the City, in accordance with the Thoroughfare Plan (40 feet from centerline), within 30 days of passage by City Council. * David Thomas agreed to the above conditions. VOTE: 7-0. RESULT: This rezoning was approved. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION ~~1`~~~ ~~~U Bamblara~M. Clarke Planning Director AS SUSMITTED TO COUNCf[. I ~ FDR MEETING ON Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 18 6. Rezoning 03-0882 -Thomas Property - 4444 Tuller Road Location: 1.6 acres on the north side of Tuller Road, 540 feet east of Riverside Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: SO, Suburban Office and Institutional District. Proposed Use: An office use. Applicant: David and JoEllen Thomas, 7780 Brock Road, Plain City, Ohio 43064. Staff Contact: Mark Zuppo, Planner. 7. Corridor Development District 03-089CDD -Thomas Property - 4444 Tuller Road Location: 1.6 acres on the north side of Tuller Road, 540 feet east of Riverside Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: Review and approval of a Corridor Development District application under the provisions of Section 153.115. Proposed Use: A commercial use within an existing one-story, 3,155-square foot house with garage. Applicant: David and JoEllen Thomas, 7780 Brock Road, Plain City, Ohio 43064. Staff Contact: Mark Zuppo, Planner. BACKGROUND: There are two applications combined in this staff report, and they require separate motions. The applications include a rezoning request to the SO, Suburban Office and Institutional District, and a CDD, Corridor Development (overlay) District application for an office use within the existing house. After recommendation by the Planning Commission, the rezoning application will be forwarded to City Council for public hearing and final vote. Atwo-thirds vote by City Council will be required to override a negative recommendation made here. If approved by Council, the rezoning will become effective 30 days after passage. Additionally, the Planning and Zoning Commission is responsible for reviewing all non- ...... residential site plans, exterior construction, and modifications within the CDD under the provisions of Section 153.115. The CDD review criteria from the Code are: • The existing and anticipated land uses and traffic improvements will protect the health and safety of City residents, and upholds the City's image as a quality community; The proposed development maintains traffic flow and accessibility to encourage compatible land uses and to protect property values; • The proposed uses are permitted uses by the zoning in force; • The proposed development is in accord with appropriate area plans; and • The proposed development will be compatible with the existing land use character and the physical development potential of the area. Following approval of this CDD application, the applicant may proceed with the building permit process. If disapproved, the Commission must state its reasons for doing so. Dublin City Council may, within 30 days, review the Commission's recommendation on this application and uphold or alter it. Otherwise, the Planning and Zoning Commission action becomes final. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 19 CONSIDERATIONS: Site Characteristics, Land Use, and Zoning: This 1.64-acre, rectangular site has 195 feet of frontage on the north side of Tuller Road. It is 540 feet east of Riverside Drive and slopes from east to west, toward the Scioto River. There is an existing 2,365-square foot, single-story residence with a 790-square foot, attached garage. Evergreen trees buffer the northern property line from I-270, which runs along the northern edge of the site. The site is currently zoned R-1, Restricted Suburban Residential District. This is a request for a change in zoning to SO, Suburban Office and Institutional District. Permitted uses in this district mainly include office and institutional uses. To the east are large office buildings zoned CC, Community Commercial District. To the west is property zoned OLR, Office, Laboratory, and Research District for a cellular tower. Across Tuller Road, to the south, is a vacant 7.95-acre lot zoned CC. Community Flan Issues: The Future Land Use Plan shows this site as residential, high density (2-5 units per acre). The Community Plan does not include this site in the Tuller Road Area Plan. • An additional ten feet of public right-of--way should be dedicated to the City (40 feet from centerline). The Thoroughfaze Plan requires 80 feet of right-of--way for Tuller Road. It currently has three lanes, with a bikepath along the south side. Site Layout, Development Standards, and Architecture (CDD Issues): With approval of the rezoning application, this site is subject to all development standards defined in the Corridor Development (overlay) District. No development text or deed restrictions aze proposed. This one-story, brick residence is 14 feet in height and is built in a much smaller scale compared to surrounding structures. CDD approval is for reuse of the existing house as an office. It is situated towazd the middle of the site, and the driveway from Tuller Road runs along the east side of the house. There is substantial vegetation to the front of the structure, covering the majority of the south (front) facade. Interior building modifications may be necessary, however this proposal does not. include expansion or alteration of the existing architecture. CDD standazds state that all structures must maintain the image of the City as a quality community. Staff recommends that modifications to the appearance of this residence be made before it changes to a commercial use. Some alternatives include facade renovation (new porch, lanai, walkway, etc), or new doors and windows. Permits may be required for interior modifications. Ten parking spaces aze required for this 2,365-square foot building. Including two garage spaces, ten are provided. About 1,000 square feet of asphalt will be added to accommodate the required parking. Curbing or wheel stops will be required for all parking spaces to protect landscaped areas that will line the parking lot. Code limits lot coverage to a maximum of 70 percent for pavement and structures. This proposal shows approximate lot coverage of 22 percent. Minimum building setbacks are 40 feet from Tuller Road and 20 feet from all side and rear property lines. Minimum pavement setbacks are 24 feet from Tuller Road and 15 feet from all side and rear property lines. There is a 50-foot pavement and building setback along I-270. As proposed, the plan meets all of these requirements. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 20 Landscaping and Tree Preservation: There are a significant number of large evergreen and deciduous trees on this site, all of which will be preserved. Tree preservation fencing should be installed if any site work is required. Six-inch street trees exist along Tuller Road. Perimeter trees and a 3.5-foot tall evergreen hedge that will be added along the parking area and driveway will screen the vehicular use area. Lighting and Signage: The Code does not require lighting for a parking lot of this size. Proposed Signage has not been submitted for review, and the applicant has indicated that the proposed tenant for the structure does not want signage. Any future signage proposed is required to be reviewed by the Planning Commission. Utilities and Storm Water: Approximately 1,000 square feet of new asphalt will be required to bring the parking count on site into conformance as shown on the site plan. On-site storm water detention will not be required for this small increase in pavement. STAFF RECOMMENDATION -Rezoning application: This site is located in a predominantly commercial corridor, and the current residential zoning for this site is inappropriate. Additionally, the interested tenants for this site are not requesting signage and appreciate the small, subtle scale of this site for use as an office. Dublin has an established track record of discouraging the conversion of residences to office space or other commercial uses, unless the residence is significantly and appropriately modified. However, the SO zoning is an appropriate land use in the Tuller Road area. Staff recommends approval of this rezoning application with three conditions: Conditions: 1) That CDD approval be granted prior to construction, occupancy, or use of this site as an office; 2) That the existing structure be limited to the existing square footage, and any future expansion will require approval from the Planning and Zoning Commission; and 3) That right-of--way along Tuller Road be dedicated to the City, in accordance with the Thoroughfare Plan (40 feet from center-line), within 30 days of passage by City Council. Bases: 1) Residential zoning is no longer appropriate for this site. 2) An office use is compatible with the surrounding area. STAFF RECOMMENDATION -Corridor Development District application: The proposed parking is sufficient and will not be very visible from Tuller Road. The brick exterior will complement surrounding structures, however, staff believes that significant and appropriate modifications to the building are necessary for approval of this CDD application, so that the proposal is consistent with the general character of the area. Staff recommends that this CDD application be tabled until improved architectural elevations, site plans, and landscape plans have been submitted and reviewed. City of Dublin Division of Planning 03-0882 03-089CDD Thomas Property 4444 Tuller Road N 0 250 50Feet EXISTING SITE PLAN - -_~ _~ ~ ~ / ~ ~ 2~ p~~ ~ to f~~~e Area in FI od Zone X. ~nter~a ~/ / / ° o _ 0 4o ao N 86'24 49 W Tuller Rd. i~ iii i~, ~~ . ~ 03-0882 03-089CDD Thomas Property 4444 Tuller Roa PROPOSED SITE PLAN z-2~° ~~ a~ hcA~ t"= qD~ O ~W ~ ~ T4~ ~~ - ~x-rc Pty T~ ~- ~Y'CCa pEGt9. "1kL~ ( +~- Rya o oeuv. ~tG o - R.¢a'o 'S.S~ Sceew~h RAW $UtLDt1JL - 2'45 ~i~. ~i"cQ tP pAelG G C t ~sso - Id PAt~'~ penoto~o - i a 03-0882 03-089CDD Thomas Property 4444 Tuller Road EXISTING ELEVATIONS -- , - _ -- - .. -- _ ._ ~~._ __ -- ...:.T ~ _- ., _ . __ ,_ . ,.~.._ _. r __ . .. ~ .~ _~ - _ - - .. - .Y ~. R ~...~ ---- _~ _~ - i C O ~V y-_ ~Kt~sr`---- --_ o F_r~ -- 1--- ~----a, I__-. _~ -. __ ~ - souTH NORTH ~_ EAST ___-_~'~ 1 ~ _r - _ , _ _. ___ . -~------ - - _ ,~t l --- ~ :., r ~~, ~ ~_~ ~_ ~ ~~l Y V EST 03 089CDD Thomas Property 4444 Tuller Roa _- - -- r a_ Dublin Planning and Zoning Commission Minutes -October 2, 2003 Page 14 6. Rezoning 03-0882 -Thomas Property = 4444 Tuller Road and 7. Corridor Development District 03-089CDD -Thomas Property - 4444 Tuller Road Mark Zuppo said the applicant is requesting a change of zoning from R-1, Restricted Suburban Residential District, to SO, Suburban Office and Institutional District and also approval of a CDD application. The 1.64-acre parcel is located on the north side of Tuller Road along I-270. The surrounding area is mostly zoned CC, Community Commercial, SO, Suburban Office and Institutional, and OLR, Office Laboratory and Research Districts. Ms. Boring noted that the cell tower is in Perry Township, outside of Dublin's boundaries. There is a brick ranch house on the site, and pine trees line its north side along I-270. Mr. Zuppo showed several slides. To use the building as an office, parking, landscaping and lighting will need to be modified. The house is heavily landscaped and partially screened from Tuller Road. He said that staff believes that a residential use is no longer appropriate in this location and recommends approval of this rezoning application with three conditions: 1) That CDD approval be granted prior to construction, occupancy, or use of this site as an office; 2) That the existing structure be limited to the existing square footage, and any future expansion will require approval from the Planning and Zoning Commission; and 3) That right-of--way along Tuller Road be dedicated to the City, in accordance with the Thoroughfare Plan (40 feet from center-line), within 30 days of passage by City Council. Mr. Zuppo said, staff believes modifications to the house are necessary for the CDD application, and subsequent site and landscape plans based on those modifications should be submitted for review. He said staff recommends tabling of the Corridor Development District application. David Thomas said that interested renters prefer the residential look of the property. He agreed to redo the parking for ten parking spaces, but that is more parking than needed. He said there was a need for rental properties that do not have the commercial look. Mr. Thomas agreed to a tabling of the CDD application at this time for further tweaking. He said he would like to expedite the process and he agreed to work with staff. Mr. Gerber thought it was appropriate to table this CDD application so that staff and the applicant can refine the plan. He said he could support the rezoning. Ms. Boring agreed. Mr. Gerber made the motion to approve this rezoning because residential zoning is no longer appropriate here, and office use is compatible with the surrounding area, with three conditions: 1) That CDD approval be granted prior to construction, occupancy, or use of this site as an office; 2) That the existing structure be limited to the existing square footage, and any future expansion will require approval from the Planning and Zoning Commission; and 3) That right-of--way along Tuller Road be dedicated to the City, in accordance with the Thoroughfare Plan (40 feet from center-line), within 30 days of passage by City Council. Ms. Boring seconded the motion, and the vote was as follows: Mr. Ritchie, yes; Mr. Zimmerman, yes; Mr. Sprague, yes; Mr. Saneholtz, yes; Mr. Messineo, yes; Ms. Boring, yes; and Mr. Gerber, yes. (Rezoning -Approved 7-0.) Dublin Planning and Zoning Commission Minutes -October 2, 2003 Page 15 Mr. Gerber made the motion to table the Corridor Development District application for the purposes of further refining the plan. Mr. Messineo seconded, and the recorded vote was: Mr. Saneholtz, yes; Mr. Sprague, yes; Mr. Zimmerman, yes; Ms. Boring, yes; Mr. Ritchie, yes; Mr. Messineo, yes; and Mr. Gerber, yes. (CDD application -Tabled 7-0.) PROPOSED ZONING Zoning Regulations (a) For two-fa~ily lots a minimum s°h' fie yard of five Minimum sum side yard shall equa 15 feet and minim lots shall be 2 of the lot depth, cept that a rear yar f more than 50 (4) Maxim height. No dwe ' ng structure shall a e~ for er structures sha not exceed a safe fight as determin accept by the Plannin nd Zoning Comm sion. ('80 Cod §§ 1157.01 - 1 7.03) (Ord. 54-7 assed 10-3-77; Section 153.025 be maintained: i rear yard for two amily t shall not be requi d. 35 feet in he ht. Maximum heig the Fire Chief d as reviewed and Ord. 147-97, posed 12-15-97) ~§ 153.026 SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Suburban Office and Institutional District: (1) Residential. Dwellings ancillary to permitted institutional uses. (2) Administrative and business. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 611 Rediscount and financing institutions for credit agencies other than banks 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 621 Security brokers, dealers and flotation companies 622 Commodity contracts brokers and dealers 1998 S-3 ~~c 03-0882 03-089CDD Thomas Propert. 4444 Tuller Roa Section 153.026 Dublin -Land Usage 623 Security and commodity exchanges 628 Services allied with the exchange of securities or commodities 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers, not elsewhere classified 641 Insurance agents, brokers and service 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (3) Professional. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and their possessions. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 03-0882 803 Offices of osteopathic physicians 03-089CDD Thomas Property 136 4444 Tuller Road Zoning Regulations Section 153.026 804 Offices of chiropractors 807 Medical and dental laboratories 809 Health and allied services 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services 899 Services (professional) not elsewhere classified (4) Institutions. Institutions providing social, cultural, educational and health services to member agencies, organizations and individuals or to the general public. 806 Hospitals 821 Elementary and secondary schools 822 Colleges, universities, professional schools, junior colleges and normal schools 823 Libraries 841 Museums and art galleries 866 Religious organizations (5) Organizations and associations. Organizations and associations, organized on profit- making or nonprofit-making basis, for the promotion of membership interests. 861 Business associations 862 Professional membership organizations 863 Labor unions and similar labor organizations 864 Civic, social and fraternal associations 865 Political organizations 867 Charitable organizations 869 Nonprofit membership organizations, not elsewhere classified. 03-0882 03-089CDD Thomas Properly 4444 Tuller Roa~ ~~v Section 153.026 Dublin -Land Usage (B) Conditional use. The following uses shall be allowed in the Suburban Office any rn~r;r.,+:onal strict subject to approval in accordance with § 153.236. §putdoor CeServ ce and Auto- (1) Drive-in facility. Drive-in or outdoor service oriented Commercial Facilities h a permitted use. Ordinance No. 68-99 Following Page 138 (2) Personal services. Personal services generally involving the care of the person or his ~„~pparel. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 726 Funeral service and crematories (3) Educational and research. Educational and research establishments engaged in providing tangible and intangible services to members or the general public. 7391 Research, development and testing laboratories 8242 Vocational schools 829 School and educational services not elsewhere classified 892 Nonprofit educational and scientific research agencies ,,,, _ (4) Food and lodging. Food and lodging includes commercial establishments and institutions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 702 Rooming and boarding houses 704 Organization hotels and lodging houses on membership basis (5) Exceptional uses. 0722 Offices of veterinarians and animal hospitals (6) Wireless communications facilities as conditional uses in all applicable districts. (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the .lowing standards for arrangement and development of land and buildings are required in the Suburban Office and Institutional District. 03-0882 1998 S-3 03-089CDD Thomas Properly ~ ~ R 4444 Tuller Roac Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions o zk~oa~h -Deletions Ordinance 68-99 (Amended) OrdinanceNo..._..._...__ Passed .___ AN ORDINANCE AMENDING PORTIONS OF THE ZONING CODE TO ESTABLISH OUTDOOR SERVICE AND AUTO-ORIENTED COMMERCIAL FACILITIES AS CONDITIONAL USES IN (ALL] COMMERCIAL DISTRICTS WHEREAS, the Community Plan promotes a high quality built endrronment; and WHEREAS, outdoor seating areas, outdoor display areas, drive-in, or drive thru facilities are not adequately defined within the Dublin Zoning Code; and tiVHEREAS, the Council, and staff intended and interpreted outdoor dining areas or restaurant patio seating and outdoor market facilities to fall within the definition of "outdoor service facility"; and WHEREAS, the Law Director has advised that the Code be updated and revised with regard to drive-thru facilities, drive-in uses, and outdoor service areas; and WHEREAS, consistent administration requires that the Zoning Code be amended regarding outdoor commercial activities; and WHEREAS, outdoor service areas may increase noise levels and visual clutter within the surrounding area; and WHEREAS, auto-oriented commercial facilities may have increased lighting, noise, auto stacking, and/or traffic flow both on-site and within the surrounding area; and WHEREAS, gas stations, oil change facilities, and car repair shops have similar characteristics as other auto-oriented commercial uses and will now be considered conditional uses within several commercial districts; and WHEREAS, all auto-oriented and outdoor commercial uses may require special consideration in site planning and design; and WHEREAS, establishing outdoor commercial areas as conditional uses will require the Dublin Planning Commission to review such uses to ensure they are conducted in a manner that protects the health, safety, and welfare of the community; and WHEREAS, off-street stacking requirements are being created for auto-oriented facilities to increase vehicular .mobility throughout the site and to eliminate stacked vehicles from spilling onto and clogging the surrounding street system; and WHEREAS, it is necessary from time to time to update the Code and to enact new standards; and WHEREAS, the Dublin Planning and Zoning Conunission reviewed the proposed amendments on August 10, 2000 and recommends approval. NOW, THEREFORE, BE IT ORDAINED, by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring, as follows: Section 1. That the following definitions be added to Section 153.001 and read as follows: OUTDOOR SERVICE FACILITY- An area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities inciude, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open-air markets, garden stores, and stand-alone parking lots. 03-0882 03-089CDD Thomas Propert} 4444 Tuller Roar Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions StfikeEl~eugk -Deletions II Ordinance 68-99 (Amended) I Ordinance No.._._.. .._ _...- Passed .. _.._._... _.__...._._ _ ._. _ _._ , _. ...._ ._._.._.... - ~ Y~aN AUTO-ORIENTED COMMERCIAL FACILITY- A facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services tendered directly on, to or for vehicle-s. Auto-oriented commercial facilities include, but aze not limited to drive-thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thtu banks, drive-in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, establishments installing car accessories, other similaz auto service facilities, and stand-alone parking lots. The sale of vehicles (new or used) is not included within this definition. Section 2. that Section 153.026(B)(1) be amended and read as follows: (1) ~r-ive-1+4 Auto-oriented corrunercial facilities or outdoor service facilities. ~~e- tra Auto-oriented eorrunereial facilities or outdoor service facilities developed in association with a permitted use. Section 3. That 153.027(B) be revised and read as follows: a ~ ' (2) ~i^ '~-„~'~~~ Auto-oriented cotercial .facilities or outdoor service facilities. ~i~e-+~-e+~ Auto-oriented commercial facilities or outdoor service facility developed independently or in association with a permitted use. [Note: Section 153.027(B)(2)-(4) will be renumbered to Seciion 153.027(B)(1)-(3)] Section 4. That Sections 153.028(A)(1)(c) and IS3.028(A)(3)(c) berevised as follows: (A)(1)(e) Automobile sales. SSI Motor vehicle dealers (new and used cars) S52 Motor vehicle dealers (used cars only) S53 Tire, battery, and accessory dealers (without installations) SS9 Miscellaneous aircraft, marine and automotive dealers ~ C A /~' ~' Section 5. That Sections 153.028(B)(1) and 153.028(B)(3)(b) be amended and read as follows: (B)(1) Auto-oriented commercial facilities or outdoor service facilities. tae-il+r~-Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. ex~e~fe+= r•..,,,a:u rice nr~ 03-0882 03-089CDD Thomas Property 4444 Tuller Roa Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions $triketltreugla -Deletions Ordinance 68-99 (Amended) Ordinarsce No.._._........_..._..__ _ _ ..... _ Passed (B)(3)(b) Automotive. 751 Automotive rentals, without drivers Section 6. That Section 153.029(3)(c) be revised as follows: (3)(e) Automotive 553 Tire, battery, and accessory dealers (without installation) Section 7. Thai Section 153.029(B)(4) be added and read as follows: (4) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. Section 8: That Section 153.030(B)(5) be added and read as follows: (5) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. Section 9. That Section 153.034(B) and (B)(1) be added and read as follows: (B) Conditional Use. The following uses shall be allowed in the Office, Laboratory, and Research District, subject to approval in accordance with §153.236. (1) Auto-oriented commercial facilities. Auto-oriented commercial facilities when developed in association with a permitted use. [Note: The existing 153.034(B) Development Standards will now be classified as 153.034(C)] Section 10. That Section 153.058(B)(4) be replaced with the following definition: (4) AUTO-ORIENTED COMMERCIAL FACILITY- A 'facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to, or for vehicles. Auto-oriented commercial facilities include, but are not limited to drive- thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thru banks, drive-in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, other similar auto service facilities, and stand- alone parking lots. The sale of vehicles (new or used) is not included within this definition. Section 11. That Section 153.058(C)(7) of the Dublin Codified Ordinances, permitting drive-in commercial uses within Planned Commerce Districts, is repealed. Section 12. That Section 153.058(D) and 153.058(D)(1) and (2) be created and read as follows: 03-0882 03-089CDD Thomas Property 4444 Tuller Road Italics-Existing RECORD OF ORDINANCES Non-Italics-Additions StFikethre~ -Deletions Ordinance G8-99 (Amended) ------ Passed ._.......---------...-----------• - -.-...._.-._. Ordinance No...-_.._._-.-.._....__.-...._. _. (D) Conditional Use. The following uses shall be allowed within the Planned Commerce District, subject to approval in accordance with 153.236. (1) Auto-oriented commercial facility. Auto-oriented commercial facilities when developed independently or in association with a permitted use. (2) Outdoor service facilities. Outdoor service facilities when developed independently or in association with a permitted use. [Note: The existing Sections 153.058(D)-(H) will now be classified as Sections Section 13. That Section 153.208(B) be replaced with the following language: (B) Stacking Areas. All auto-oriented facilities shall provide at least eight off-street stacking spaces unless otherwise noted below. Drive-thru restaurant Drive-thru convenience store Car wash (sll types) Drive-thru bank Automated teller machine Oil changing facilities Gas station 12 spaces per window 12 spaces per lane 12 spaces per lane 8 spaces per lane 8 spaces per machine 5 spaces per window bay 5 spaces per gasoline pump Section 14. This Ordinance shall take effected and be in force from and afrer the earliest date permitted by law. p ay of S / 2000. ayor- re i mg icer Attes~n~ C ~ Clerk of Council Sponsor: Planning Division 03-0882 03-089CDD Thomas Property 4444 Tuller Road Zoaing Regulations Section 153.026 (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards. One or more main buildings or permitted uses may be placed on a lot; however, main and accessory structures shall not occupy more than 50% of a lot, nor in total gross floor area exceed 80% of the lot area. (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. Aside yazd shall be required adjacent to a residential zoning district or planned development zoning district as listed in § 153.016.. Such required side yards shall be not less than one-fourth the sum of the height of the structure and the length of the wall most neazly parallel to side lot line, but in no case shall the side yard be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned development zoning district as listed in § 153.016. These required reaz yards shall be not less than 1/a the sum of the height of the structure and the length of the wall most neazly parallel to rear lot line, but in no case shall the reaz yazd be less than 15 feet, except when adjacent to a dedicated alley of not less than 20 feet. ('80 Code, §§ 1159.01 - 1159.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 147-97, passed 12-15-97) Penalty, see § 153.999 § 153. 7 NEIGHBORH D COP (A) Pe 'tted use. The folio ing (1) Re it stores. Retail s household consum ion and rendering processing of goo for resale. ISTRICT. uses shall be primarily engag ces incidental to 5251 Ha ware stores 541 Grocery sto s 2 Meat and fish (s~ food) markets 543 1~cuit stores and vegel~ble markets 544 Can nut and confectio ry stores 545 Dairy pro cts stores 6 Retail bakerie 591 ug stores and pr rietary stores 1998 S-3 139 in the Nei in selling merch~ sale of the goods, Commercial istrict: idise for person or ~icluding the buyi 03-0882 03-089CDD Thomas Property 4444 Tuller Road CDD REGULATIONS Zoning Regulations Section 153.114 (3) Effect of royal. The developmen lan as approved by Cou '1 shall constitute an amendment of the zoning ' trict map and a supplemen o the Exceptional Use Di 'ct regulations as ey apply to the land include the approved amendment. e approval shall be fora riod of three ye to allow the preparation o he subdivision plat, submi din accordance with the bdivision regul 'ons if required; or if no p is required for the comp 'on of plans for applicati for a certificat f zoning compliance. If the p is not submitted and filed n such certificate applied fo d used within t three-year period, the appro 1 shall become voided and land shall revert to its la previous zonin istrict, except if an appli 'on for time extension is s fitted and approved in accordance with di 'ion (4) below. (4) Extension o e or modification. An ex sion of the time limit or the odification of .,.~ approved development p may be approved by Cou il. Such approval shal e g n upon a fin of the purpose and necessi for such extension or mods tion and evidence of reasona effort towar a accomplishment of the o'' inaLdevelopment plan, an at such extension or modifi 'on is not in co ict with the general health, fety and welfare of the pu 'c or the development standar of the Excepts al Use District. (C) Developmen tandards. The provisions f §§ 153.070 through 153. 76 shall pertain to the xceptional Use District. ecause of the unique nature d requirements of these u ,and because their to tions cannot be readily etermined, appropriate elopment standards canno set forth, but full u e of development stand s, requirements and other visions of the zoning or ance as they may be a ropriate, shall be used. ('80 Code, 185.05) (Ord. 21-70, p ed 7-13-70; Am. Ord. 11 5, passed 2-19-97) Pena ,see § 153.999 § 153.115 CORRIDOR DEVELOPMENT DISTRICT. (A) Purpose. The purpose of the- Corridor Development is to provide overlay requirements to ensure that existing and anticipated corridor land uses and traffic improvements within the district will ' be developed in a manner that protects the health and safety of residents of the city and maintains the image of the city as a quality community. The importance of maintaining traffic flow and accessibility "~ so as to encourage compatible land uses and to protect property values requires that special emphasis on traffic planning and frontage treatment be achieved through the use of a special district. (B) Jurisdictional boundaries. The Corridor Development District (CDD) shall be bounded by Sawmill Road on the east, Martin Road on the south, the Scioto River on the west and 1-270 on the north. (C) Permitted and conditional uses. (1) Permitted and conditional uses shall be consistent with the provisions of the zoning ordinance and the use districts as determined by the official zoning map and are not materially affected by this section provided that any nonresidential use within the Corridor Development District shall conform to this section. (2) Residential uses are exempted from conformance with this section. 1997 S-2 245 03-0882 03-089CDD Thomas Property 4444 Tuller Roar Section 153.115 Dublin -Land Usage (D) Development standards. In general, a use of land or structure shall conform to the development ~dards of the zoning district requirements in force, however, the following additional development standards shall also apply for those lands within the CDD: (1) Lot requirements. (a) Minimum yard requirements. As otherwise listed in this chapter, except that in all =uses, buildings shall be a minimum of 20 feet from all side and rear property lines. All pavement areas hall be a minimum of 15 feet from all side and rear property lines. (b) Maximum lot coverage. Structures, pedestrian areas, parking areas and other hard-surfaced or paved areas shall not cover more than 70 % of the lot. (2) Site requirements. The application and development plan shall show the following: (a) Structures. All proposed structures shall be located, showing square footages, tenant types and expected entrance, service and pedestrian areas for the first phase of the development plan. Structures planned for subsequent phases shall be schematically indicated. (b) Traffic concept. All points of ingress and egress onto public roadways and the overall traffic distribution scheme shall be shown, indicating traffic flow patterns and traffic control points. The criteria that must be followed includes: Combined curbcuts, especially for any uses that are incorporated in a commercial center; 2. Minimization of conflict points between auto traffic and pedestrian traffic to include adequate design and demarcation of pedestrian walkways from parking or driveway areas; 3. Service traffic separation from customer or commuter traffic; 4. Frontage service drives or other such improvements may be required by the Planning and Zoning Commission if area traffic conditions warrant. (c) Utilities. The proposed provision of all utilities, storm drainage retention or detention, trash collection systems and the lighting system shall be specifically detailed. Trash containers shall be sufficiently screened to avoid nuisance. All litter shall. be controlled on site. (d) Parking layout. A detailed parking layout must be shown to include the following: Number of spaces indicated by total number of on-site spaces and to be summed by row; 2. Access points and expected movement through and between separate parking lot areas; 03-0882 03-089CDD 246 Thomas Property 4444 Tuller Road Zoning Regulations Section .153.115 3. Expected pedestrian access routes from parking areas to structures. (e) Landscaping. All proposed site landscaping shall be indicated as to type and size of material to be used, proposed locations, mounding and other features. (fj Plan conformance. All development plans and traffic layouts shall be in general conformance to the recommendations of "The Sawmill 161 Quadrant Special Study" which constitutes the comprehensive plan for the Corridor Development District. (E) Procedure. (1) Permit required. A certificate of zoning compliance shall be required prior to issuance of a building permit. For affected properties within the CDD, a certificate of zoning compliance shall be issued only upon review and approval (matters deleted) of the required plan and applications. (2) Application required. Copies of an application provided by the municipality shall be filed with the Manager, which application shall be accompanied by copies of the proposed development plan, which shall comply with division (D)(2) above. Such copies shall be filed at least 15 days prior to the next regularly scheduled Planning and Zoning Commission meeting. (3) Plot plan required. The application shall be accompanied by copies of a plot plan drawn to an appropriate scale showing the following: (a) The boundaries and dimensions of the lot. (b) The size and location of existing and proposed structures. (c) The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, lighting and signage locations, screening, landscaping treatment and other such information required to demonstrate the development standards. (d) All reserve parcels and anticipated development phases. (e) The use of land and location of structures on adjacent property. (4) Planning and Zoning Commission review. The Planning and Zoning Commission shall review the plan as to whether the following three conditions are met: (a) The proposed uses are permitted uses as so specified by the zoning in force for the subject land. (b) The proposed development is in accord with the Sawmill 161 Quadrant Plan and other appropriate plans for the area. (c) The proposed development will be in keeping with the existing and/or proposed land use character and the physical development potential of the area. 03-0882 247 03-089CDD Thomas Property iiililA Tnllar Rnarl Section 153.115 Dublin -Land Usage (5) Planning and Zoning Commission action. The Planning and Zoning Commission shall .e recommendations, within 30 days, approving, disapproving or approving with modifications the plan and accompanying documents. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access or other conditions of development as may be required. Each applicant shall be notified of the reason for disapproval or modification along with the decision of the Planning and Zoning Commission notifying them of such action. (6) Council action. Council may, within 30 days, review the recommendation of the Planning ~° and Zoning Commission concerning the application and either adopt and approve, disapprove or approve with the same or different modifications the proposed application. If Council fails to act within such 30- day period, the recommendation of the Planning and Zoning Commission shall become final. (7) Issuance of certificate. If the application is approved, or approved with modifications, and the recommended modifications are completed within 14 days, a certificate of zoning compliance shall be issued. (F) Appeal. Any applicant whose application herein is not approved (matters deleted) or any applicant whose application herein is approved subject to modifications in accordance with division (E)(5) above, may appeal to the denial of the certificate of zoning compliance to the Board of Zoning Appeals in accordance with the provisions of § 153.235. assed 6-21-93 Penalt see ('80 Code, § 1185.06) (Ord. 81-78, passed 12-4-78; Am. Ord. 33-93, p ) Y~ § 3.999 LANDSCAPING § 153.130 INTENT. The intent of this subcha er is to improve the app rance of vehicular use a as and property abuttt public rights of way; to r uire buffering between di Brent land uses; and top ect, preserve and pro to the aesthetic appeal, ch cter and value of the surr nding neighborhoods; an to promote public healt and safety through the r uction of noise pollution, air pollution, visual pol ion, air temperature an rtificial light glare. (Ord. 21-70, pass 7-13-70; Am. Ord. 46- passed 5-5-97) § 1 131 PURPOSE. It is fu er the purpose of this ubchapter to specifically omote the preservation a d replacement of trees and si ificant vegetation rem ed in the course of land velopment, and to promo the proper utilization of lan aping between certai land uses to minimize t opportunities of nuisan . (Ord. ''.1-70, passed 7-13- ; Am. Ord. 46-97, pa ed 5-5-97) 03-0882 1998 S-3 03-089CDD Thomas Property 248 4444 Tuller Road Department of Development Division of Planning 5800 Shier-Rings Road • Dublin, Ohio 43016 CITY OF DUBLIN Phone: 614-410-4600 • Fax: 614-761-6566 TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manage~~.~-~.5 • (~~.~~-.-" DATE: August 12, 2003 RE: Ordinance 93-03 Rezoning (File No. 03-0882) INITIATED BY: Gary P. Gunderman, Assistan~l~ning Director //~ ~ SUMMARY: Memo Rezoning application 03-0882 for the Thomas property at 4444 Tuller Road is being forwarded for first reading. This application requests a change in zoning on this 1.6 acres from R-1, Suburban Residential District to SO~Suburban Office and Institutional District. RECOMMENDATION: Motion to refer Ordinance 93-03 to the Planning and Zoning Commission for review and recommendation. Attachments ~-