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95-03 Ordinance
RECORD OF ORDINANCES Blank, Inc. Ordinance No. 95-03 Passed . 20_ AN ORDINANCE TO ESTABLISH DUBLIN ZONING FOR 25 ~ PARCELS COMPRISING AN AREA OF APPROXIMATELY 87 ACRES AS ANNEXED FROM PERRY TOWNSHIP IN 1961 AND 1972, SOUTH OF I-270, WEST OF SAWMILL ROAD AND EAST OF THE SCIOTO RIVER, TO CC, COMMUNITY COMMERCIAL, OR SO, SUBURBAN OFFICE, AND INSTITUTIONAL DISTRICTS. (CASE NO. 03-0812 - CDD ,, COMMERCIAL AREA REZONING). NOW, THERORE, 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 (parcel numbers) 273008265, 273008302, 2 73008301, 2 73008300, 2 73008299, and 2 73008298 (see attached m ap ~ marked "Exhibit A proposed area rezoning (Case 03-0812)"), situated in the City of Dublin, State of Ohio, is hereby rezoned to 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 the following described real estate (parcel numbers) 273008269, 273008264, 273008907, 273008266, 273008280, 273008261, 273008806, 273008358, 273009095, 273009086, 212000129, 273008326, 273008970, 273008820, 273008805, 273009135, and 273009134 (see attached map marked "Exhibit A proposed area rezoning (Case 03-0812)") situated in the City of Dublin, State of Ohio, is hereby rezoned to CC, Community Commercial 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 3. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, j 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 4. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ~~~'~ day of ,/VDllth,~, 2003. ~I ayor -Presiding Officer Attest: I ~ C.~'Y1.v~c. ~ ~~~d~~~ i Clerk of Council ~ Sponsor: Planning Division I hereby certify that copies of tl Ordinance/Resolution were posted in t City of Dublin in accordance with Secti~ 731.25 of the Ohio Revised Code. uty Clerk of Council, Dublin, Ohio City of Dublin Division of Planning 03-081 Z CDD Commercial Area Rezoning N 0 500 ~'O Feet 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~,,~s. (3 DATE: November 12, 2003 .~(~ INITIATED BY: Gary P. Gunderman, Assistant Director of Pla~~g~3~ RE: Second Reading, Rezoning Ordinances: Memo Ord. 95-03 (Case No. Case No. 03-0812 - CDD Commercial Area Rezoning), Ord. 96-03 (Case No. 03-0822 -Deer Run Area Rezoning), Ord. 97-03 (Case No. 03-0832 -Bellaire Area Rezoning) SUMMARY: Consistent with the "Area Rezoning" project, these ordinances will formally establish the Dublin R-1, Restricted Suburban Residential, CC, Community Commercial or SO, suburban Office and Institutional Districts for individual properties. The staff held a public informational forum of these proposals on August 26, and September 10, 2003 for the property owners. Several residents attended, gave comments, and expressed thanks to the staff for the presentation and informational meeting. On October 2, 2003, the Planning Commission approved each rezoning application individually (7-0). RECOMMENDATION: Approval of Ordinances 95-03, 96-03, and 97-03, as recommended by the Planning and Zoning Commission. EXHIBIT "B" REZONING APPLICATION (Code Section 153.234) TO EXPIRE ~r°'~ ~~`~ ORDINANCE NO. 5 • 3 niv;sionof CITY COUNCIL 1ST Reading B• -Q •03 5aooshi~-sin~soad CITY COUNCIL PUBLIC HEARING Du~in,Ohio43016.1236 CITY COUNCIL ACTION Phone/TDD: 614-410.4d00 Fax: 614.761.65b6 Web Site: www.dublin.oh.us NOTE FOR OFFlCE USE ONLY. Amount Application No: P&Z Date(s): P&Z Action: Received: 03-081Z(CDD N/A Commercial) Receipt No: .MIS Fee No: Date R iv Receiv By Q Type of Request: CITYSPONSOREDAREA REZONING 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: ^ Composite Plan (§153.058) ^ Preliminary Development Plan (§153.056) ^ Other (Please Describe) AREA REZONING FAX CONFIRMATION WILL FOLLOW THE SUBMISSION OF THIS FORM t]~AOG~TV IhICA~1111AT1l1 Al. Parcel Size: Tax ID/Parcel Number: [25 Parcels] 2 73 0 0 82 69, 2 73 0 0 82 64, 273008907, 273008266, 273008280, 273008265, (Acres) 273008302, 2 73 0 0 83 01, 273008300, 273008299, 273008298, 273008297, 273008261, 273008806, ~- 87 ac 273008358, 273009095, 273009086, 212000129, 2 73 0 0 832 6, 273008970, 273008820, 273008805, 273009135, 2 73 0 0 913 4 Property Address: 00000 Riverside Drive, 6480 Riverside Drive, 4271 285 W. Dublin-Granville Road, 4269 Dublin- Granville Road, 4209 -219wDublin-Granville Road, 00000 Dublin-Granville Road, 00000 Dublin-Granville Road, 00000 WDublin-Granville Road, OOOOODublin-Granville Road, 00000 WDublln-Granville Road, 4091 WDublin- Granville Road, 00000 WDublin-Granville Road, 6301-333 Sawmill Road, 3755 WDublin-Granville Road, 00000 Sawmill Road 4353 Taller Ridge Drive, 4130 Taller Road, 00000 Riverside Dr, 6375 Riverside Dr, 6371 Riverside Dr, 5200 Emerald Parkwa „ 4288 W. Dublin-Granville Road, 6400 Riverside Unit B Dr, 6400 Riverside Unit A Dr Side of Street (N, S, E, W): N/A ' Nearest Intersection: N/A J Distance from Nearest Intersection: N/A FEET, N, S, E, W (Circle) from Nearest Intersection Existing Land Use Development: Commercial, Office Proposed Land Use Development: Commercial, Office -- T --T- Current or Existing Zoning District: Requested Zoning District: Number of A~L V ~ 4l ~ .. / ©3 , ~~ / ~ /C :~ ~ Perry Townshir ! CC, SO ~- 87 A~~~~ ~~ ~ ~ul]~ Rezoning Statement: IV. State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. These properties were annexed to the City between 1961 and 1972 and must, therefore, undergo a separate City-sponsored rezoning to establish Dublin zoning. This application will set forth the rovisions of Code Section 153.004 to rezone land as soon as racticable. State briefly how the proposed zoning and development relates to the Dublin Community Plan. N/A Previous Application: Has an application for rezoning the property been denied by the City Council within the last two (2) years? NO If Yes, When? State the basis of reconsideration: N/A 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 ^ rutASt sursmi i i nc ru~~uvvuvu: 14 COPIES OF LEGAL DESCRIPTION Legal description of the property to be zoned consists of page(s). Parcel numbers listed In this application will serve as legal descriptions per direction from the Dublin Law Director. 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 1T') 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 S~/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. 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 MATERIAL AND COLOR SAMPLES (color chips, photos, plans or brochure of product information) number. Include manufacturer name and CONTIGUOUS PROPERTY OWNERS: List all neighboring property owners within 300 feet from the perimeter of the property. Information must be in accordance with the County Auditor's current tax list. Electronic copies of property owner lists are encouraged. (Use additional sheets as necessary.) PROPERTY OWNER (not Mortgage Company or Tax Service) MAILING ADDRESS i CITY STATE ZIP CODE an Viable 10208 Wellin ton Blvd Powell Ohio 43065 dreas & Dara Schuster 3100 Lill Mar Ct Dublin Ohio 43017 __ rad Ir'ston 6310 Riverside Dr Dublin Ohio 43017 rett & Catherine Mc uade 3260 Lill Mar Ct Dublin Ohio 43017 avid & oellen Thomas 4444 Tu1lerRd Dublin Ohio 43017 onnabelle Scott 4070 Dublin Granville Rd Dublin Ohio 43017 R Ransom Inc 5688 Strathmore Lane Dublin Ohio 43017 arold Mccra 3186 Lill Mar Ct Dublin Ohio 43017 ose h & oan Pearson 3168 Lill Mar Ct Dublin Ohio 43017 ats Martin 3154 Lill Mar Ct Dublin Ohio 43017 onald Nuns & Elaine Beed 3755 WDublin-Granville Road Dublin Ohio 43017 Scott & Suzanne Harm 3280 Lill Mar Ct Dublin Ohio 43017 Susan Sha 3140 Lill Mar Ct Dublin Ohio 43017 Thomas & Dana Kromer 6450 Martin PI Dublin Ohio 43017 cus Data Securi Inc 4260 Tuller Rid a Drive Dublin Ohio 43017 &R Develo meat Llc 3950 Tuller Rd Dublin Ohio 43017 ancohio National Bank Tr Et AI 6436 Riverside Drive Dublin Ohio 43017 eatrice Roth 3288 Lill Mar Ct Dublin Ohio 43017 vh Associates Llc 6924 Riverside Dr Dublin Ohio 43017 _ Ity Llc ers Rea 6801 Villa e Pike Dublin Ohio 43017 _ Cuna Mutual Life C/O Richard Ellis 200 East Campus View Blvd., Suite 100 Columbus Ohio 43235 Ciotola Famil L Correa Richard R 4199 West Dublin-Granville Road Dublin Ohio 43017 Ci Of Columbus 190 North Front Street Dublin Ohio 43017 Continental Sawmill L P 6800 Federated Blvd. Columbus Ohio 43017 f& R O eratin Co Inc 3740 WDublin Granville Rd Dublin Ohio 43017 onn Griffith 6465 Martin PI Dublin Ohio 43017 ublln Christian Church 2900 Martin Rd Dublin Ohio 43017 laza Pro ernes Po Box 09601 Columbus Ohio 43209-0601 Ibon & Martha Weese 3200 Lill Mar Ct Dublin Ohio 43017 arathon Ashland Petrol Property Tax e t. 539 South Main Street Findla Ohio 45840-3242 atathon Ashland Petrol Property Tax e t. 540 South Main Street Findla Ohio 45840-3243 i Financin Partnershi Iii L P 3920 Tuller Rd Dublin Ohio 43017 Walter Wiebe 3410 Martin Rd Dublin Ohio 43017 ranklin Coun Commissioners 373 South Hi h Street, 26th Floor Columbus Ohio 45215-4591 Germain Pro ernes Of Columbus Inc 3885 WDublin Granville Rd Dublin Ohio 43017 Gre o Stevenson 6476Martin PI Dublin Ohio 43017 arda a Hotels I Llc 4130 Tuller Road Dublin Ohio 43017 arve r & W ette Shaw 3248 Lill Mar Ct Dublin Ohio 43017 /3 Re Ca ital Markets 38 Fountain S uate Plaza Cincinnati Ohio 45263 acono Famrl L P 5590 Dublin Road Dublin Ohio 43017 T&R Pro ernes C/O Ron Sabatino 3895 Stonerid e Lane, 1st Floor Dublin Ohio 43017 ack Yo el 189 East State Street, Suite C Salem Ohio 44460 ames & Lois Harkness 1820 U er Valle Dove West efferson Ohio 43162 ames & Ma Wood 6449 Martin PI Dublin Ohio 43017 ohnson Brothers Investment Co Ltd 6276 Sawmill Rd Dublin Ohio 43017 k-Cc I1c C/O Western States Inc. 2810 North Nellis Las Ye as Nevada 89115 ar Brueshaber & Elizabeth Connell 4340 Dale Dr Dublin Ohio 43017 ether Real Co. Pro e Tax De t. 2929 Walker Avenue NW Gtand Ra ids Michi an 49544-942 rw Investments Llc 6365 Riverside Dr Dublin Ohio 43017 ational Church Residences OfDublin Ii 2335 North Bank Drive Dublin Ohio 43220 Orman Barron 4300 WDublin Granville Rd Dublin Ohio 43017 Ohio Association Of Chiefs OfPolicelnc 6277 Riverside Dr Dublin Ohio 43017 Ohio-S M Venture L P 6285 Sawmill Rd Dublin Ohio 43017 atrick Hitesman 6350 Riverside Dr Dublin Ohio 43017 aul & Louise Wolfe 3220 Lill Mar Ct Dublin Ohio 43017 hele Investment Pro ernes 4051 Dublin-Granville Road Dublin Ohio 43017 've ark Grou Llc 6400 Riverside Unit A Dr Dublin Ohio 43017 'vets Ed e One 6375 Riverside Dr Dublin Ohio 43017 'vets Ed e One 6371 Riverside Dr Dublin Ohio 43017 obert & Donald Butts 9790 Columbus Pike Lewis Center Ohio 43035 SL Pierce Ente rises Ltd 4056Dublin Granville Rd Dublin Ohio 43017 Unizen Bank C/O Tiffan Li ett Po Box 4658 Zanesville Ohio 43702 Schottenstein Stores Co 4353 Taller Rid a Dr Dublin Ohio 43017 Stacio Associates L L C 4269 West Dublin-Granville Road Dublin Ohio 43017 State Savln s Bank 3800 Dublin Granville Rd Dublin Ohio 43017 /3 Bank Pro er Attn: im Baldwin ZI East Stare Stree, 4th Floor Columbus Ohio 43215-4228 Tall Pines Holdin s Ltd 3473 Mildred Drive Falls Church Vir 'nia 22042 Tans s Sawmill To ota Inc 6294 Sawmill Rd Dublin Ohio 43017 Tans s Sawmill To ota Inc 6340 Sawmill Rd Dublin Ohio 43017 Thomas & Marian Tans 3725 W Granville Rd Dublin Ohio 43017 Thomas Famil L P 4444 Taller Rd Dublin Ohio 43017 Tuls ec Pro ernes L C 4150 Taller Rd Dublin Ohio 43017 United Dominion Real Trust Inc 6700 Taller Rid a Dr Dublin Ohio 43017 Vir 'nia Woods 81 Blakeford Dr Dublin Ohio 43017 Charles Warner r. & Edward Belz 2226Atlee Court Columbus Ohio 43220 Wend s International Inc 6480 Riverside Drive Dublin Ohio 43017 We brid e-Villa e S uare Llc 2502 North Clark Street, Suite 230 Chica o Illinois 60614 VI. Current Property Owner/Applicant: Initiated by the City ofDublin, %Jane Brautigam, City Manager Mailing Address: (Street, city, State, zip Code) 5200 Emerald Parkway Dublin, Ohio 43017 Daytime Telephone: 614.410.4400 Fax: 614.410.4490 VII nwNFR~c RFPRFSFNTATIVE INFORMATION: Representative if different from property owner or applicant: City ofDublin, % Barbara M. Clarke (Also complete Section IX) Mailing Address: (Street, Daytime Telephone: City, State, zip code) 5800 Shier-Rings Road, Dublin, Ohio 43016 Daytime Telephone: 614.410.4600 Fax: 614.761.6566 E-MAIL ADDRESS IF AVAILABLE bclarke@dublin.oh.us ~ VIII PRIMARY CnNTACT~ Who is the primary contact person? (If different from Owner's Representative and Applicant) Barbara M. Clarke IX. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are necessary in oRoader 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. X XI. XII. 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 City's 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 Gity 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. nwruGO ei ITNnRl~e71nN FnR eGENT/REPRESENTATIVE: I, hereby authorize the owner/applicant, to act as my agenUrepresentative 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 agreements made by the designated agent. ___ Signature of Current Property Owner: I Date: ADDI Ir".eA1T'C eFF1f1eVIT• I, Tane Brautigam 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 Date: Authorized Representative~C1,,v,~,~ y~ , ~~,~,~,~.~j,~..-r,,t' p~j~ GCD r ZC-C' Subscribed and sworn to before me this - ~_ T~ day of ~~L ~ 4' ~ '~ , 20 G 3 Notary Public ~ -.-~~~~~ ~- ~"~~"~`" - JUDITH A. CC~S,',Y OTARY PUBLIC-STATE GI: CHIQ'LA-108 Date 07/28/03 Rezoning Application Page 5 of 5 MY COIi~MISSION EXP6RES DECEMBER 6, 201D4 1 E J_ _- -- CC C RD CC ~ IJ - ~ CC ;Lq K ST c-~-~r:i ~~- CC ~ CC PCD CC J ILLE RD ~,_ - C R-112 U C CC~-= CC D ~,~ ~ ~. `\ ~~,, ~~ ~::._.% CC VILLAGE P CC ~:CC PCD UD ,. ,, >- ._ ,. -- - - ~~', T.F.C'.F.NI~ m Dublin Boundary CITY OF Properties included in Area Rezoning 03-0812 DUBLIN ® Pending City-Sponsored Rezonings OHIO ~ ~ ~ County Lines July 28, 2003 EXHIBIT A Proposed Area Rezoning (Case 03-0812) Ordinance # 95-03 Not to Scale NO RECORD OF PROCEEDINGS _~?inuies~I Dublin City Council Mcging__ ~~ August 18, 2003 Page 9 ~~ He Mr. Sloan pointed out that for electric, the rates are known for the next two years. If an offe is not received which will result in a savings to the resident, a proposal will not be brought forward. For gas, with fluctuating rates, the options are to look for a fixed rate that will offer price certainty or a rate that is simply less than the gas company's rate. It is possible that another supplier may have a lower rate, such as a fixed one-year rate. Ms. Chinnia-Zuercher stated that i(a resident opted in and then deaded to switch, the documents indicate there is a switching fee. Mr. Sloan stated that it would be in the form of an early termination fee. Typically, the fee for early termination is in the range of $25. This can be negotiated with the supplier. It may sometimes make sense for someone to switch, even with the $25 early termination fee. Many don't understand the market and may trust the local government to negotiate for them with the local utilities. Mr. McDaniel added that, in general, these plans are fairly standard. AMP Ohio represents 30 or more other communities, and this is not `uncharted territory." He noted that staff may request emergency action at the second reading to waive the 30-0ay waiting period, depending upon the market conditions. There will be a second reading/public hearing at the September 2 Councl meeting. Ordinance 92-03 Adopting a Plan of Operation and Governance for a Municipal (Opt Out) Natural Gas Aggregation Program and Authorizing the City Manager to Submit Said Plan to the Public Utilities Commission of Ohio. (Second reading/public hearing September 2 Councl meeting) Ms. Salay introduced the ordinance. There will be a second reading/public hearing at the September 2 Council meeting. ZONING Mayor McCash moved to waive the Rules of Order to have the Clerk read the titles only of Ordinances 93-03 through 97-03 and to refer them to Planning & Zoning Commission. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Ms. Chinnia-Zuercher, yes; Mr. Lecklider, yes. Ordinance 93-03 Rezoning Approximately 1.6 Acres; Generally 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). Ordinance 94-03 Establishing Dublin-Zoning for 83 Parcels Comprising an Area of Approximately 142 Acres as Annexed from Perry Township in 1961 and 1972, South of 1-270, West of Sawmill Road and East of the Scioto River, to R-1, Restricted Suburban Residential, R-2, Limited Suburban Residential, and R-4, Suburban Residential Districts. (Case No. 03-080Z- COD Residential Area Rezoning). Ordinance 95-03 Establishing Dublin Zoning for 25 Parcels Comprising an Area of Approximately 87 Acres as Annexed from Perry Township in 1961 and 1972, South of I-270, West of Sawmill Road and East of the Scioto River, to CC, Community Commercial, and SO, Suburban Office, and Institutional Districts. (Case No. 03-0812 - CDD Commercial Area Rezoning). Ordinance 96-03 Establishing Dublin Zoning for '14 Parcels Comprising an Area of Approximately 26 Acres, as Annexed from Concord Township in 1977, East of Dublin Road and North of the Delaware County Line, to R -1, Restricted Suburban Residential District (Case No. 03-0822 -Deer Run). Ordinance 97-03 Establishing Dublin Zoning for 76 Parcels Comprising an Area of Approximately 133 Acres, as Annexed from Washington Township between 1980 and 2001, East of Dublin Road, South of Dunleary Drive, West of the Scioto River, to R-1, Restricted Suburban Residential District. (Case No. 03-083Z -Bellaire Area Rezoning). PLANNING AND ZONING COMMISSION RECORD OF ACTION OCTOBER 2, 2003 Division of Planning _~. '$00 Shier-Rings Road ia, Ohio 43016-1236 The Planning and Zoning Commission took the following action at this meeting: Pl~,~~~/fDD: 614-410-4600 1. Area Rezoning 03-0812 - CDD Commercial Area Rezoning Fax:614-761-6566 Location: 25 parcels comprising an area of approximately 87 acres as annexed from Web Site: www.duhlia.oh.us perry Township in 1961 and 1972, south of I-270, west of Sawmill Road and east of the Scioto River. Request: Review and approval of ordinance to establish Dublin CC, Community Commercial and SO, Suburban Office and Institutional Districts. Property Owners: (For CC, Community Commercial District) Bancohio National Bank Tr. Et. Al., 6436 Riverside Drive; Iacono Family LP, 5590 Dublin Road; Stacio Associates LLC, 4269 W. Dublin-Granville Road; Ciotola Family LP, C/O Richard Corna, 4199 W. Dublin-Granville Road; Ronald Nims and Elaine Beed, 3755 W. Dublin-Granville Road; Hardage Hotels I LLC, 4130 Tuller Road; Capital Equities Management, 6241 Riverside Drive, Suite 1 S; City of Dublin, 5200 Emerald Parkway; Wendy's International, Inc, 4288 W. Dublin-Granville Road; Riverpark Group LLC, 6400 Riverside Drive, Unit B. The above addresses are all located in Dublin, Ohio 43017; and Plaza Properties, P.O. Box 9601, Columbus, Ohio 43209-0601; Robert and Donald Butts, 9790 Columbus Pike, Lewis Center, Ohio 43035; Schottenstein Management FKA Frebis Realty, 1798 Frebis Ave, Columbus, Ohio 43206-3729; and Franklin County Commissioners, 373 S. High Street 26th Floor, Columbus, Ohio 43215-4591. (For SO, Suburban Office and Institutional District) Tall Pines Holdings Ltd, 3473 Mildred Drive, Falls Church, Virginia 22042. Applicant: City of Dublin, c/o Parkway, Dublin, Ohio 43017. Jane S. Brautigam, City Manager, 5200 Emerald Staff Contact: Anne Wanner, Planner. MOTION: To approve this area rezoning because it will apply an appropriate Dublin zoning classification, will provide for effective development administration, will maintain the established development pattern, and is consistent with the Community.Plan. VOTE: 7-0. RESULT: This area rezoning was approved positive recommendation. It will be forwarded to City Council with a STAFF CERTIFICATION ~~~J,~.~ t 1 itJl'/L Barbara M. Clarke Planning Director/,S,SUBMITTED TO COUNCIL ~~~ FOR MEETING ON STAFF REPORT DUBLIN PLANNING AND ZONING COMMISSION OCTOBER 2, 2003 ,.CI"l't' OF DGBL[l1 Division of Planning m, 5800 Shier-Rings Road in, Ohio 43016-1236 Pb,_ ,/1DD:614-410-4600 Fax:614-761-6566 Web Site: www.dublin.oh.us 1. Area Rezoning - 03-0812 - CDD Commercial Area Rezoning Location: 26 parcels comprising an area of approximately 85 acres as annexed from Perry Township in 1961 and1972, south of I-270, west of Sawmill Road and east of the Scioto River. Request: Review and approval of ordinance to establish Dublin CC, Community Commercial and SO, Suburban Office and Institutional Districts. Property Owners: (CC, Community Commercial District zoning proposed for the following property owners) Bancohio National Bank Tr. Et. Al., 6436 Riverside Drive, Dublin, Ohio 43017; Iacono Family LP, 5590 Dublin Road, Dublin, Ohio 43017; Stacio Associates LLC, 4269 W. Dublin-Granville Road, Dublin, Ohio 43017; Ciotola Family LP, C/O Richard Corna, 4199 W. Dublin-Granville Road, Dublin, Ohio 43017; Plaza Properties, P.O. Box 9601, Columbus, Ohio 43209-0601; Ronald Nims and Elaine Beed, 3755 W. Dublin-Granville Road, Dublin, Ohio 43017; Robert and Donald Butts, 9790 Columbus Pike, Lewis Center, Ohio 43035; Schottenstein Management FKA Frebis Realty, 1798 Frebis Ave, Columbus, Ohio 43206-3729; Hardage Hotels I LLC, 4130 Tuller Road, Dublin, Ohio 43017; Franklin County Commissioners, 373 S. High Street 26th Floor, Columbus, Ohio 43215-4591; Capital Equities Management, 6241 Riverside Drive, Suite 1 S, Dublin, Ohio 43017; City of Dublin, 5200 Emerald Parkway, Dublin, Ohio 43017; Wendy's International, Inc, 4288 W. Dublin-Granville Road, Dublin, Ohio 43017; Riverpark Group LLC, 6400 Riverside Drive, Unit B, Dublin, Ohio 43017. (SO, Suburban Office and Institutional District proposed for the following property owner) Tall Pines Holdings Ltd, 3473 Mildred Drive, Falls Church, Virginia 22042. Applicant: City of Dublin, c/o Jane S. Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Planner. BACKGROUND: On the advice of Dublin's Law Director, staff has systematically researched all Dublin zoning activity on all parcels annexed into Dublin. Through this investigation of the written records, staff has found several areas where zoning was not established via a rezoning ordinance. The Planning Division is responsible for compiling and processing these "area rezoning" applications to formally establish Dublin zoning wherever there is an question about the zoning history. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 2 The subject sites in this case were annexed between 1961 and 1972; there is no history of a formal rezoning ordinance for these areas since that time. Ordinance #95-03 was introduced at City Council on August 18, 2003. It will establish Dublin CC, Community Commercial, or SO, Suburban Office and Institutional Districts on these properties. A special informational meeting was held on August 26, 2003 at the Dublin Recreation Center, and a few property owners from this area attended. After the Planning Commission makes its recommendation, the case will be forwarded to City Council for a public hearing and final vote. With a positive recommendation from the Commission, a simple majority vote is required for passage. A negative Commission recommendation requires five votes for passage. If the ordinance is approved, it will take effect ,~., in 30 days. CONSIDERATIONS: Site Characteristics: The subject area is comprised of 26 parcels, totaling about 85 acres. Most of the parcels are located in an area known as the CDD, Corridor Development District. The remaining three parcels are located along the Scioto River, just south if the SR 161 bridge. This application includes several commercial and retail establishments, including Wendy's International headquarters, the Woodfin Suites hotel, and a substantial amount of undeveloped land. Parcels range in size from two to 20 acres. The zoning classifications selected indicate what has been shown on Dublin's zoning map for over 15 years. To the north of the area is I-270, and further north, land is zoned R-1, Restricted Suburban Residential District. To the east of the area is land within the City of Columbus along the Sawmill Road corridor. To the south are single-family developments and the Meijer retail store, also within the City of Columbus. To the west of the area is the Scioto River. About twenty-three acres remains undeveloped. The 15 acres located southeast of West Dublin-Granville Road/SR 161 and Riverside Drive, wraps around the Wendy's restaurant. Another 13 acres, is located south of the intersection of Shamrock Boulevard and West Dublin-Granville Road. One of the properties originally listed in this application is leased to Dublin by the City of Columbus as part of a 99-year parkland lease. Currently, this land is used as a riverside boardwalk and park. Originally staff had proposed the CC district on this land, as was consistent with the historical zoning maps. However, in accordance with Columbus' wishes the R-1, Restricted Suburban Residential District will be requested here. This property has since been included in the CDD Residential application and will be designated with the R-1 district (See Case #03-080Z). This rezoning proposes to establish the Dublin CC or SO Districts. All legally non- conforming uses will be subject to the requirements of Section 153.004(C) of the Dublin Zoning Code. A letter was mailed to the affected property owners listed in this application. It is attached, and it outlines the circumstances, procedures, and proposed zoning, as well as dates for public meetings. Staff held an informational meeting on August 26, 2003, for the property owners listed in this rezoning application. Only three property owners attended this meeting. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 3 Community Plan, Land Usc and Zoning Issues: On August 12, 2002, City Council amended the Future Land Use map (Map 8) of the Community Plan. The Tuller Road Area Plan, which includes several properties in this application, emphasizes the mix of office, research and development, retail and multi- family while also creating a stronger sense of place and central focus. This rezoning is a housekeeping issue, and will have no immediate impact on the majority of the surrounding residents and property owners. No development proposal is associated with it. Legally non-conforming uses cannot be expanded, and they cannot be re-established after being discontinued for a period of two years. Most of Dublin's development standards would apply even if this is not adopted. A 1976 ordinance requires adherence to Dublin standards, wherever they are stricter, following annexation. However, the failure to establish Dublin zoning on the property makes administration and enforcement difficult for everyone involved. Development Standards: The properties listed in this application were annexed from Perry Township between 1961 and 1972. Section 153.004 (D) of the Code states that: "Territory annexed to the municipality after the effective date of the zoning ordinance shall continue to be governed by the zoning regulations which governed the territory annexed immediately prior to annexation." Relying on the prior township or county zoning district(s) is not precise or advisable. Utilities: This is an action to establish Dublin zoning. No development is proposed as part of this application, and it has no effect on utilities. Currently, municipal water and sanitary services reach some of these properties. The zoning does not affect utility status. Undeveloped parcels will need to tap into the existing utilities per City Code. New development anywhere in Dublin, including on these parcels, must comply with adopted stormwater management regulations and most development standards for the City of Dublin. STAFF RECOMMENDATION Following annexation, staff research indicates these properties were not placed in a Dublin zoning classification by passage of a formal rezoning ordinance. They have been reflected as CC or SO on the zoning map for many years. This application is City-sponsored and legally advisable. It is intended to avoid any future potential Code Enforcement problems arising from township or county classifications and inconsistencies within the Dublin zoning map. This action provides proper zoning and is primarily a housekeeping effort. Staff recommends approval of this rezoning. Bases: 1) This rezoning will provide an appropriate Dublin zoning classification for land within the City limits to provide for the effective administration of development standards, procedures, etc. 2) The rezoning will maintain the established development pattern that has been in place for many years and establishes land uses consistent with those listed in the Community Plan. Dublin Plannin~j and Zoning Commission Minutes -October ~, 2003 Page 5 I 1. Area Rezoning D3-081Z -CDD Commercial Area Rezoning Anne Wanner showed several slides. This area rezoning involves the Corridor Development District in the southeast portion of Dublin. She said it includes 26 parcels totaling 85 acres. These areas were annexed to Dublin between 1961 and 1972. There are several commercial sites including the eastern half of Wendy's Headquarters, Woodfin Suites, Frank's Nursery, LaScala Restaurant, and Dublin Sawmill Centre. This rezoning is to establish the CC or SO zoning. Ms. Wanner said one parcel that is owned by Columbus was deleted from this application. It is leased by Dublin as parkland along the river for the boardwalk. The historical maps indicate commercial zoning, but representatives of the City of Columbus thought R-1, Restricted Suburban Residential District zoning would be more appropriate for park land. It has since been placed in the CDD residential application. She said three property owners attended the informational meeting, and several called on the phone. This action is a housekeeping effort to avoid any future Code enforcement problems arising from township or county zoning. Staff recommends approval of this rezoning. Mr. Saneholtz made a motion to approve this amended area rezoning because it will apply an appropriate Dublin classification, provide for effective development administration, maintain the established development pattern, and is consistent with the Community Plan. Ms. Boring seconded the motion, and the vote was as follows: Mr. Ritchie, yes; Mr. Zimmerman, yes; Mr. Sprague, yes; Mr. Messineo, yes; Ms. Boring, yes; and Mr. Saneholtz, yes. [Mr. Gerber, upon return to the meeting voted affirmatively.] (Approved 7-0.) SAMPLE LETTER August 20, 2003 Wendy's International C/o John T. Schuessler, CEO One Dave Thomas Boulevard ,.crrt OF ~GBL[i1 Dublin, Ohio 43017 Division of Planning „~ -5800 Shier-Rings Road Dear John T. Schuessler: Wolin, Ohio 43016-1236 e/TDD:614-410-4600 In 1961 and 1972, the Dublin Council accepted the annexation of parcels noted in orange on Fax:614-761-6566 the attached map. This property may have retained its Township zoning since that time. The Web Site: vrww.dublin.oh.us City of Dublin has begun the process to systematically establish Dublin zoning on all properties that still carry township zoning. This rezoning will ensure even administration within the City to protect the health, safety, and welfare of its citizens. It is proposed that this property be placed in the Dublin CC, Community Commercial District. The impacts of this rezoning will vary from property to property, and will depend upon the current uses of the property. For most properties the impact will be minimal. The basic CC, Community Commercial District regulations are attached for reference. Ordinance #95-03 will initiate this process at Dublin City Council. This will be followed by a public meeting at the Planning and Zoning Commission. Following that, it will be forwarded to City Council for a public hearing and final vote. You will be notified of both the Planning and Zoning Commission and City Council meetings. We understand that there may be questions regarding this change, and an informal forum for questions and feedback on this City-sponsored rezoning is planned on: - e ~ ~ ,. This meeting will give additional information to the property owners about this rezoning, and the City welcomes all inquiries. Anne Wanner is the staff planner assigned to this case. Please call at 410-4656, or e-mail her at awanner~a dublin.oh.us if you have further questions or clarifications. We value your input in this process. Please join us if you can! Very truly yours, Barbara M. Clarke Planning Director (614)410-4600 Attachments aew 03-081 Z CDD Commercial Area Rezoning CITY OF DU[3[.[N Department of Development 5800 Shier-Rings Road -Dublin, Ohio 43016 Phone: 614-410-4600 -Pax: 614--761-6566 Memo To: Members of Dublin City Council - From: Jane S. Brautigam, City Manage~~~,w,s_ d~~ Date: August 11, 2003 Re: Rezoning Ordinances: Ord. 94-03 (Case No. 03-080Z), * Ord. 95-03 (Case No. 03-081Z), Ord. 96-03 (Case No. 03-082Z), and Ord. 97-03 (Case No. 03-0832) ;~,~~ ~~ Initiated by: ~~Barbara M. Clarke, Planning Director SUMMARY: As part of the on-going "Area Rezoning" project, Ordinance #94-03 will establish the Dublin R-l, Restricted Suburban Residential District, R-2, Limited Suburban Residential District, and R-4, Suburban Residential District zoning for properties in the southeast portion of Dublin (south of I-270, east of the Scioto River) in an area known as the CDD, Corridor Development District. ac Ordinance #95-03 will establish the CC, Community Commercial and SO, Suburban Office and Institutional Districts in this same CDD area. Properties listed in these ordinances include several commercial and retail establishments, including Wendy's International, a hotel, and undeveloped land along the Dublin-Granville Road corridor. The last two ordinances, #96-03 and #97-03, will establish the Dublin, R-1, Restricted Suburban Residential District zoning for residential properties located between Dublin Road and the Scioto River, mostly along Bellaire Avenue, and in the Deer Run Estates region. Properties include "estate-lot" residential properties and subdivisions (many along the west side of the Scioto River), parkland, and undeveloped land. An introductory letter will be mailed August 15, 2003, to all of the affected landowners, along with the applicable zoning regulations and a copy of the attached map(s). An informational forum for the property owners listed in Ordinances 96-03 and 97-03 is scheduled for August 26, 2003. The meeting for the property owners listed in Ordinances 94-03 and 95-03 is scheduled for September 10, 2003. RECOMMENDATION: Introduction of the ordinance and referral to the Planning and Zoning Commission. AS SUBMITT~Ep T10 COUNCIL 03-081 Z i',~~~2 Q~ CDD Commercial Area Rezoning ~) f''-r Iv. ~ FOR MEETING ON ~ +" 03 PROPOSED ZONING Dublin, Ohio Code of Ordinances 1 § 153.028 COMMUNITY COMMERCIAL DISTRICT (A) Permitted use. The following uses shall be permitted in the Community Commercial District: - (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 542 543 544 545 546 549 (c) Auto Grocery stores Meat and fish (sea food) markets Fruit stores and vegetable markets Candy, nut and confectionery stores Dairy products stores Retail bakeries Miscellaneous food stores unobile sales. :"American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 2 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready-to-wear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Fumers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home furnishings. 571 Furniture, home furnishings and equipment stores :"American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 572 573 (g) Food establishments, and institu-tions enl 581 7013 3 Household appliance stores Radio, television and music stores and lodging. Food and lodging includes commercial ;aged in furnishing lodging and meals on a fee basis. Eating and drinking places Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stores and proprietary stores 592 Liquor stores 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 4 (2) Administrative, Business and Professional Offices. 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. Professional offices engaged in providing tangible and intangible services to the general public, involving troth persons and possessions. (a) Finance. 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 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 671 Holding companies 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) Insurance carriers. 631 Life insurance "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 5 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (c) Insurance agents. 641 Insurance agents, brokers and service (d) Real estate. 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 (e) Business services. 731 Advertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to dwellings and other buildings 739 Business services not elsewhere classified (~ Repair services. "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 6 762 Electrical repair shops 763 Watch, clock and jewelry repair 764 Reupholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 7 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 735 News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 - research, development and testing laboratories (see 1159. 02(c)(1)) (5) Wireless communications facilities as conditional uses in all applicable districts. (4) Sexually oriented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) 1i1 addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 8 (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72-99, passed 7-19-99; Am. Ord. 68-99, passed 9-5-00) (B) Conditional use. The following uses shall be allowed in -the Community Commercial District, subject to approval in accordance with § 153.236. (1) Auto-oriented commercial facilities or outdoor service facilities. Auto-oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Recreation. 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers (theater) 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Mechanical or electrically operated amusement devices as defined in ~ 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of §§ 112.15 et seq. (b) Automotive. 751 Automotive rentals, without drivers "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning Dublin, Ohio Code of Ordinances 9 (4) Off ces of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (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 following standards for arrangement and development of land and buildings are required in the Community Commercial District. (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 and the following provisions: (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 yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These required side yards shall be not less than one-fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one-fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. ('80 Code, §§ 1163.01- 1163.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 112-95, passed 2-19-97; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 88-98, passed 11-2-98; AM. Ord. 68-99, passed 9-5-00) Penalty, see § 153.999 "American Legal Publishing Corporation" 03-081 Z CDD Commercial Area Rezoning