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Home My WebLink About96-03 OrdinanceRECORD OF ORDINANCES Inc. Ordinance No. 96-03 Passed . 20, AN ORDINANCE TO ESTABLISH 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). 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 (parcel numbers) 60043308009000, 60043401014000, 60043307016000, 60043308011000, 60043308010000, 60043401010000, 60043307014000, 60043307012000, 60043307013000, 60043401009000, 60043401011000, 60043401012000, 60043401015000, and 60043307015000 (see attached map marked "Exhibit A area rezoning (Case 03-0822)"), situated in the City of Dublin, State of Ohio, is hereby rezoned R-1, Restricted Suburban Residential 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 ,/U® U-[~~~2003. ayor - esiding Officer Attest: C~~e'-n.~.~ Clerk of Council Sponsor: Planning Division I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~~ ~ e uty Clerk of Council, Dublin, Ohio City of Dublin Division of Planning 03-0822 Area Rezoning Deer Run N 0 250 50~eet f,ITY OF DLBLIN Department of Development Division of Planning 5800 Shier-Rings Road • Dublin, Ohio 43016 Phone: 614-410-4600 • Fax: 614-761-6566 Memo TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager~,,~.s. (~ DATE: November 12, 2003 INITIATED BY: Gary P. Gunderman, Assistant Director of P1aI~~g~3~ RE: Second Reading, Rezoning Ordinances: 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 ORDINANCE NO. qh• D3 oivisloncfPlamieg CITY COUNCIL 1ST Reading ~l~b D3 58005hier-Rings Road CITY COUNCIL PUBLIC HEARING Dublin, Ohio 43016.1236 CITY COUNCIL ACTION Phone/TDD: 614-010.4600 Fax: 614.1b1.6566 Web Site: www.dublin.oh.us NOTE: FOR OFFICE USE ONLY Amount Application No: P&Z Date(s): P&Z Action: Received: 03-082Z(Deer N/A Run/Dublin Road) Receipt No: MIS Fee No: bats R w ~ Received By:. 3 Type of Request: CITYSPONSORED AREA 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 II. PROPERTY INFORMATION: Tax ID/Parcel Number: [14 Parcels] 60043308009000, 60043308010000, 60043401010000, 60043307012000 60043307013000, 60043307014000, 60043401014000, 60043401009000, 60043401011000, 60043401012000 60043401015000, 60043307015000, 60043307016000, 60043308011000 Parcel Size: (Acres) ~- 26 ac Property Address: 10741 Dublin Rd, 8686Dublin Rd, 4900 Deer Run Rd, 5000 Deer Run Rd, 8644 Dublin Rd Side of Street (N, S, E, W): N/A Nearest Intersection: N/A Distance from Nearest Intersection: N/A FEET, N, S, E, W (Circle) from Nearest Intersection Existing Land Use Development: Residential Proposed Land Use Development: Residential Current or Existing Zoning District: Requested Zoning District: ~ Toumship R-1 i Number of Acres to be Rezoned: ±ZG III. Rezoning Statement: 3 =~~ 2z_ fit; 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 in 1977 and must, therefore, undergo a separate City- sponsored rezoning to establish Dublin zoning. This application will set forth the provisions 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, I;i A COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ^ NO ^ IF A PLANNED DISTRICT IS REQUESTED, IS THE PROPOSED DEVELOPMENT TEXT ATTACHED? YES ^ NO ^ Iv. O PLEASE SUBMIT THE FOLLOWING: TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION 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 LawDirector. 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) 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). Include manufacturer name and number. V• Ct1NTIR11(111C PRf1PFRTY OWNFRS~ 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) I MAILING ADDRESS ~ CITY STATE ~ ZIP CODE thou Gaeta & Susan Sheal 8690 Bir ham Court S Dublin Ohio 43017 evert Witz 5100 Glenaire Drive Dublin Ohio 43017 Carl & Charita Cli 6121 Park Rid a Road Dublin Ohio 43017 Che 1 Briscoe 8718 Glenamo Circle Dublin Ohio 43017 Clifford Ball 5081 Glenaire Drive Dublin Ohio 43017 avid & anlce Hall 6163 Park Rid a Road Dublin Ohio 43017 onald & Deborah Smith 8670 Bn• ham Court S Dublin Ohio 43017 onald & Lisa Hallett 5126 Glenaire Drive Dublin Ohio 43017 ou las Dietrich 5152 Glenaire Drive Dublin Ohio 43017 u Communities Ltd 8760 Orion PI Suite 100 Columbus Ohio 43240 G & Sheree Dearwester 10818 Ed ewood Drive Dublin Ohio 43017 Geot e & Ma Bakallis 8643 Bir ham Court S Dublin Ohio 43017 en & Susan Fisher 5133 Reserve Drive Dublin Ohio 43017 ames & Lori Akins 5113 Glenaire Drive Dublin Ohio 43017 ames & Sue Farmer 5129 Glenaire Drive Dublin Ohio 43017 ames Bennett 8708 Glenamo Circle Dublin Ohio 43017 efIre & Geor ann Sinke 5126 Chafllnch Court Dublin Ohio 43017 e & udith Ellis 10815 Ed ewood Drive Dublin Ohio 43017 ohn Lisska 10791 Ed ewood Drive Dublin Ohio 43017 ose h & Marianne Larosa 8680 Glenliven Court Dublin Ohio 43017 uanita Bonta 5119 Reserve Drive Dublin Ohio 43017 eith & Ann Allen 5125 Chaffinch Court Dublin Ohio 43017 ance Miller & Christine Nuttet 8671 Bir ham Court S Dublin Ohio 43017 'Lon ue Fan Hui i 5145 Glenaire Drive Dublin Ohio 43017 o d & Sandra Sim son 8657 Bir ham Court S Dublin Ohio 43017 ar aret Walter 5033 Glenaire Drive Dublin Ohio 43017 aril n & Michael Mlasofs 10721 Dublin Road Dublin Ohio 43017 aril M on 8680 Bir ham Court S Dublin Ohio 43017 ark & Martha Sinkhorn 8601 Bir ham Court S Dublin Ohio 43017 arsha Parenteau 5124 Reserve Drive Dublin Ohio 43017 ichael & Bernice Sherrow 8701 Glenliven Court Dublin Ohio 43017 ichael ~ Marcia Strall 5002 Glenaire Drive Dublin Ohio 43017 ichael & Mildred Sliclen 5012 Glenaire Drive Dublin Ohio 43017 uirfield Villa e Golf Club Po Box 565 Dublin Ohio 43017 oah & Patricia Frazier 8731 Glenamo Circle Dublin Ohio 43017 Robert & Monica And c 8740 Glenliven Court Dublin Ohio 43017 obert r & Si rid Harriman 5049 Glenaire Drive Dublin Ohio 43017 Ro er & Emil Cur 10820 Ed ewood Drive Dublin Ohio 43017 Rona Coleman 8660 Bir ham Court S Dublin Ohio 43017 Salvatore & Ma Grani 8615 Bir ham Court S Dublin Ohio 43017 Scott & Kate Leaver 6083 Park Rid a Road Dublin Ohio 43017 Sharon Lee Thomas 8729 Glenliven Court Dublin Ohio 43017 Shi eo Tin -In Oka !ma 5017 Glenaire Drive Dublin Ohio 43017 Stanle & Bet ann Bunk 5065 Glenaire Dtive Dublin Ohio 43017 Susan Hefter 10692 Ed ewoodDrrve Dublin Ohio 43017 TfI Limited 8629 Bir ham Court S Dublin Ohio 43017 The Reserve Association 8518 Stonechat Loo Dublin Ohio 43017 Thomas &Che 1 Pitt 5225Muirfield PI Dublin Ohio 43017 Thomas Neff 8710 Glenliven Court Dublin Ohio 43017 Thomas Sabatmo 8685Bir ham Court S Dublin Ohio 43017 Wasatch Partners Llc 109 South Hi h Street Dublin Ohio 43017 William & Ga le Brand 8650 Brr ham Court S Dublin Ohio 43017 William & Maureen Duecker 8719 Glenamo Circle Dublin Ohio 43017 William ~ Ruth Pace 5114 Chaffinch Court Dublin Ohio 43017 VI. PROPERTY OWNER/APPLICANT INFORMATION: Current Property Owner/Applicant: Initiated by the City ofDublrn, %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. VIII IX X XI. OWNER'S REPRESENTATIVE 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 Teiephone: 614.410.4600 Fax: 614.761.6566 E-MAIL ADDRESS IF AVAILABLE bclarke@dublin.oh.us PRIMARY CONTACT: Who is the primary contact person? (If different from Owner's Representative and Applicant) Barbara M Clarke 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. 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 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. nwnlFR AuTNORI2ATION FOR AGENT/REPRESENTATIVE: I, hereby authorize the owner/applicant, to act as my agenVrepresentative 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: XII. eDDt ICeAiT'C ef=FlneV1T• i, =Tane Brautigam tl,e 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 4 ' Date: Authorized Representatives )~~,~v~ ~`,~~4~-,~~'~ (~~' /~ !17 ~ ~ZOC'~ Subscribed and sworn to before me this __ ~ Y 1~ day of __~°~~ u y ~ , 20 -Notary Public ~i J .. ~~ `L` !{"- '. ~~ ~-'~-~., _ . NOTARY PUBL C-STA~T~ QF CFl~4 Rezoning Application Page 5 of 5 A-108 Date 08/06/03 MY COMMISSION EXPIRES CECEP~7BER 6, 2004 i ~., ~. 0 0 ,, ,` ~R-1 , UD De ware Cou Fr nklin Goun R-1 R- s~ .F.C~ ,FND CITY OF DUBLIN Dublin Boundary ® Area Rezoning 03-0822 OHIO ~+ ~• County Lines ® Pending City-Sponsored Area Rezonings July 29, 2003 EXHIBIT A Area Rezoning Case 03-0822 Ordinance # 96-03 $CA1 F ~N FAT N ~ 0 1200 zaao RECORD OF PROCEEDINGS ~linutcs_of_____________ _ Dublin City Council __ _ August 18, 2003 Page [icld Mr. Sloan pointed out that for electric, the rates are known for the next two years. If an offer 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. Chinnid-Zuercher stated that if a resident opted in and then decided 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 tertitory." He noted that staff may request emergency action at the second reading to waive the 30~ay waiting period, depending upon the market conditions. There will be a second reading/public hearing at the September 2 Council 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 Council 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. Chinnici-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 I-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. 03-0802- CDD Residential Area Rezoning). y~ 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 1-270, West of Sawmill Road and East of the Scioto River, to CC, Community Commercial, and SO, i 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). Jt! Ordinance 97-03 'Jf~ 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). Dublin Planning and Zoning Commission Minutes -October 2, 2003 Page 6 2. Area Rezoning 03-0822 -Deer Run Anne Wanner showed several slides. She said this area rezoning includes 14 parcels totaling 26 acres located between Dublin Road and the Scioto River in Delaware County. Three parcels are on Dublin Road, and the remaining parcels are within Deer Run Estates, originally platted in 1984. There are two homes in Deer Run Estates on Deer Run Drive, which is private. She said Dublin R-1, Restricted Suburban Residential District is proposed. Land immediately to the south was rezoned to a PUD, Planned Unit Development District last year which changed the entrance of Deer Run Drive, approximately 1,600 feet to the south. As part of that rezoning, the applicant was to file a revised plat, but it has not yet been received. She said staff has spoken with a few property owners. The informational meeting was sparsely attended. Ms. Wanner said this was a housekeeping effort and is intended to avoid any future enforcement problems arising from township or county zoning. It will establish the R-1 District, and staff recommends approval of this rezoning. [Mr. Gerber returned to the meeting at this time.] Mr. Saneholtz made a motion to approve this area rezoning because it will apply an appropriate Dublin zoning classification, provide for effective development administration, maintain the established development pattern, and is consistent with the Community Plan. Mr. Ritchie seconded the motion, and the vote was as follows: Mr. Messineo, yes; Mr. Sprague, yes; Mr. Zimmerman, yes; Ms. Boring, yes; Mr. Gerber, yes; Mr. Ritchie, yes; and Mr. Saneholtz, yes. (Approved 7-0.) ..crr~ c-H nl lsi.l Division of Planning M' ~800 Shier-Rings Road in, Ohio 43016-1236 RECORD OF ACTION OCTOBER 2, 2003 PIIb~O/TDD: 614-410-4600 Fax: 614-761-6566 Web Site: www.dublin.oh~e Planning and Zoning Commission took the following action at this meeting: 2. Area Rezoning 03-0822 -Deer Run Location: 14 pazcels comprising an area of approximately 26 acres as annexed from Concord Township in 1977, east of Dublin Road, north of the Delaware County Line, and south of Muirfield Place. Request: Review and approval of an ordinance to establish the R-1, Restricted Suburban Residential District. Property Owners: Anthony and Michele Lowe, 10741 Dublin Road, Dublin, Ohio 43017; Lou Ann Moritz, 4900 Deer Run Drive, Dublin, Ohio 43017; Mazgazet Walter, 5000 Deer Run Drive, Dublin, Ohio 43017; Trang Bui, 8644 Dublin Road, Dublin, Ohio 43017; Christopher and Anita Biratsis, 8686 Dublin Road, Dublin, Ohio 43017. Applicant: City of Dublin, c/o Jane S. Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Planner. MOTION: To approve this azea 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. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION Barbara M. Clarke Planning Director AS Sl1FsvSl~ED ~TQ CQUNCiI. .L.~/L~~ ~OFt MEETING (}~ 7 ~~~~~ Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 4 2. Area Rezoning 03-0822 -Deer Run Location: 14 parcels comprising an area of approximately 26 acres as annexed from Concord Township in 1977, east of Dublin Road, north of the Delaware County Line, and south of Muirfield Place. Request: Review and approval of an ordinance to establish the R-1, Restricted Suburban Residential District. J. Property Owners: Anthony and Michele Lowe, 10741 Dublin Road, Dublin, Ohio 43017; Lou Ann Moritz, 4900 Deer Run Drive, Dublin, Ohio 43017; Margaret Walter, 5000 Deer Run Drive, Dublin, Ohio 43017; Trang Bui, 8644 Dublin Road, Dublin, Ohio 43017; Christopher and Anita Biratsis, 8686 Dublin Road, Dublin, Ohio 43017. 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 is systematically researching Dublin zoning activity on all parcels annexed into Dublin. 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. The subject sites in this case were annexed in 1977 and there is no history of zoning action having been taken since that time. The parcels have reflected R-1, Restricted Suburban Residential District on Dublin's zoning map for many years. Ordinance #96-03 was introduced at City Council on August 18, 2003. It will establish the Dublin R-1, Restricted Suburban Residential Districts on these properties. A special informational meeting was held on August 26, 2003 at the Dublin Recreation Center. No property owners from this area rezoning case attended. However, staff has talked with one property owner and a property owner representative on the phone. 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 14 parcels, which are all located between Dublin Road and Muirfield Drive, north of the Delaware County Line. The total area being rezoned is 26 acres. Three of the parcels, which are located along Dublin Road, contain single- family houses. The other 11 parcels are part of the Deer Run Estates, which were originally platted in 1984. This property currently has two single-family houses on a private Deer Run Drive. This drive runs approximately 1,600 feet to the east end of the property. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 5 The Deer Run Drive entrance was relocated approximately 380 feet to the south last year. A condition of approval was that the Deer Run Estates plat be modified to reflect the proposed changes, subject to staff approval. (See Case #02-039FDP Wasatch Estates Phase I). This is still outstanding, but it should be resolved soon. The R-1 lot standards require all lots to have access to and abut on a public right-of--way for a distance of 60 feet or more. The property owner is concerned that the layout of the platted lots, including the private drive changes, will not conform to this requirement. The subdivision was clearly platted based on a private not public street. The revised plat will merely show the relocated entry. This rezoning proposes to establish the Dublin R-1 for all properties. All legally non- conforming uses will be subject to the requirements of Section 153.004 (C). The smaller three properties along Dublin Road are bordered by single-family subdivisions on the north, east, and west. Deer Run Estates is bordered on the north and east by single-family development, Amberleigh North, and east by the Scioto River. A letter was mailed to the affected property owners listed in this application. A sample copy is attached, and it outlines the circumstances, procedures, and proposed zoning, as well as dates for public meetings. An informational meeting was held on August 26, 2003, for the affected property owners. No property owners attended this meeting. In two cases, staff has spoken on the phone with the property owner, or property owner's representative. Community Plan, Land Use and Zoning Issues: On August 12, 2002, City Council amended the Future Land Use Map (Map 8) of the Community Plan. The properties listed in this application are shown as "Existing Residential." Implementation of this rezoning will ensure conformity with all adopted Dublin standards, protecting the public health, safety, and welfare. This rezoning is primarily a housekeeping issue and will not have an immediate impact on the majority of the surrounding residents and property owners. Legally non- conforming uses cannot be expanded, and they cannot be re-established after being discontinued for a period of two years. Even without this area rezoning, most of Dublin's development standards would apply. A 1976 ordinance requires adherence to Dublin standards, wherever they are stricter, following annexation. However, the failure to establish Dublin zoning on the property could make administration and enforcement difficult in some circumstances. It can also be rather confusing for landowners. Development Standards: The properties listed in this application were annexed from Concord Township (Delaware County) in 1977. Relying on the township zoning from this time for these areas is not precise or advisable. Based on discussions and research with the township zoning officers and township codes, the current property uses are consistent with historically permitted uses at the time of annexation. Utilities: This is an action to establish Dublin zoning. No development is proposed as part of this application, and it has no effect on known 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. Dublin Planning and Zoning Commission Staff Report -October 2, 2003 Page 6 New development anywhere in Dublin, including on these parcels, must comply with adopted storm water management regulations for the City of Dublin. STAFF RECOMMENDATION: Staff research indicates these properties were not placed in a Dublin zoning classification by a formal rezoning ordinance, following annexation. They have been reflected as R-1 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 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. SAMPLE LETTER August 12, 2003 4900 Deer Run Road Dublin, Ohio 43017 Dear Division of Planning 5800 Shier-Rings Road In 1977, the Dublin Council accepted the annexation of parcels noted in pink on the attached Dublin, Ohio 43016-1236 map. This property may have retained its Township zoning since that time. The City o Phone/tOD:614-410-4600 Dublin has begun the process to systematically establish Dublin zoning on al_properties that fax:614-761-6566 still carry township zoning. This rezoning will ensure even administration within the City to Web Site: www.dublin.oh.us protect the health, safety, and welfare of its citizens. It is proposed that this property be placed in the Dublin R-1, Restricted Suburban Residential 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 R-1, Restricted Suburban Residential District regulations are attached for reference. Ordinance #96-03 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 Tanned on ~ ~~~^~ s _ ~;. Tuesday, August 2G @ 7:OOp.m. Dublin Recreational Center 5620 Post. Road Tatla 3 (h'~rst h'loor) _ K ' >~ a ; .. ~~~,~.•^ ~( .tax.,.. ~r ,~ _ s ~ ~'~ ..sir ,a. .' r-` «~ .«3~'~ms:~~~~.~.'i~s~~b`a~'„''~,"` -..-. >-,. ~. _.a -::', 'This meeting will give additionalvinformation to the property owners about this rezoning, and the City welcomes all inquiries. Anne Wanner is the staff planner assigned to this case. Please cal] at 410-4656, or e-mail her at awanner@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, 6 Barbara M. Clarke Planning Director (614) 4 ] 0-4600 Attachments aew 03-0822 Deer Run Department of Development 5800 Shier-Rings Road -Dublin, Ohio 43016 Phone: 614-410-4600 -Fax: 614--761-6566 M e m o CITY OE DUBLIN _ To: Members of Dublin City Council - From: Jane S. Brautigam, City Manage~~Q,~_5 - d~o~~~-o,~-~-~-.~/ Date: August 11, 2003 U 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. 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. RCCOMMCNDATION: Introduction of the ordinance and referral to the Planning and Zoning Commission. 03-0822 Q ~ ~~AS~~S,U6MtTTEO T1~ COUN~(pI.Q~ Deer Run 1Zl ~~-l~ FOR MEEi1NG ON " ~ "'~3 PLANNING AND ZONING COMMISSION RECORD OF ACTION MAY 2, 2002 1:fC1 trl ir( IiLi\ - piv%san of Planning 5800 Shier-Rings Road ~uhlin, Ohio 43016-1236 Phone/T00:614-410-4600 Fax: 614-761-6566 Weh Site: www.duhlin.oh.us The Planning and Zoning Commission took the following action at this meeting: 3. Final Development Plan 02-039FDP -Wasatch Estates, Subarea B -Phase I, Lot 6 Location: 1.434 acres located on the east side of Dublin Road (SR 745), approximately 550 feet north of Memorial Drive. Existing Zoning: PUD, Planned Unit Development District (Wasatch Estates plan). Request: Review and approval of a final development plan under the provisions of Section 153.056. Proposed Use: One single-family residence containing agatehouse/servant's quarters and related infrastructure. Applicant: Margaret M. Walter, 5000 Deer Run Drive, Dublin, Ohio 43017; represented by Michael L. Close, 115 West Main Street, Columbus, Ohio 43215-5043. Staff Contact: Chad D. Gibson, AICP, Senior Planner. MOTION: To approve this final development plan as it is an accurate representation of the preliminary development plan, provides high-quality architecture at a residential scale, and provides for the preservation of a large portion of existing mature trees, with eight conditions: I) That the Deer Run Estates plat be modified to reflect the proposed changes, subject to staff approval; 2) That all private drives be constructed within the 50-foot access easement and meet all applicable engineering standards, subject to verification by the legal staff; 3) That the access onto Dublin Road must comply with the Division of Engineering Administrative Policy for Intersection Visibility Triangles; 4) That the details for the provision of water and sanitary sewer utility service to the gatehouse be provided to the satisfaction of the City Engineer; 5) That: any non-customary lighting meet the Dublin Lighting Guidelines and be residential in style, subject to staff approval; 6) That any signage or entry feature(s) be subject to review and approval by the Planning and Zoning Commission; 7) That the site plan be modified to conform to the minimum rear yard and side yard standards within the R-1 District; and Page 1 of 2 PLANNING AND ZONING COMMISSION RECORD OF ACTION MAY 2, 2002 3. Final Development Plan 02-039FDP -Wasatch Estates, Subarea=B -Phase I, Lot 6 (Continued) 8) That a forestry plan be submitted subject to staff approval. * Michael L. Close agreed to the above conditions. VOTE: 7-0. RESULT: This final development plan was approved. STAFF CERTIFICATION r y~~~~~ti~ L, ~~p ~~ Barbara M. Clarke Planning Director Page 2 of 2 PROPOSED ZONING Dublin, Ohio Code of Ordinances § 153.020 RCSTRICTI'JD SUBURBAN 12ESIDI;NTIAL DISTRICT. (A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall be used only for the following purposes: - (1) Dwelling structures. One-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 1183.04. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in § 153.074, including: Domestic servants' quarters (employed on the premises). (4) Public school and parks. (a) Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (b) Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (B) 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 Restricted Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. (a) For each permitted use and conditional use the lot area shall be adequate to meet .the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. :"American Legal Publishing Corporation" 03-0822 Deer Run 2 Dublin, Ohio Code of Ordinances (b) One principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot widt/z. For aone-family dwelling there shall be a lot width of 1S0 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right of way for a distance of 60 feet or more. For a conditional use the lot width shall be °" adequate to meet the development standards of the Restricted Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 2S feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be a side yard on each side of a building of 2S feet or more. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than SO feet shall not be required. (S) Maximum height. No dwelling structure shall exceed 3S feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. ('80 Code, §§ 1147.01, 11.47.02) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999 :"American Legal Publishing Corporation" 03-0822 Deer Run DANIEL G. WILES lAM[S W. WHEELER TAMES M. WILES MARK 1. SHERIFF- THOMAS E. BOYLE MICHAEL L. CLOSE• RICHARD D. BRINGARDNER DANIEL E. BRINGARDNER DOUGLAS K. BROWELL••• BRUCE H. BURKHOLDER DALE D. COOK MARY TEN EYCK TAYLOR WILES, BOYLE, BURKHOLDER ~ BRINGARDNER CO., L.P.A. B EccseueHLER•• ATTOIZNLYS AT LAW JAY . WILLIAM B. BENSON _ SAMUEL M. PIPINO^• 300 SPRUCE STREET C WILLIAM KLAUSMAN (' LO D R O N E MARK C MELKO KERRY T. BOYLE COLUMBUS, OHIO 43215-1173 CHRISTOPHER G. PHILLIPS E. ROD DAVISSON TELEPI-IONS 614 / 22I-5216 FACSIMILE 614 / 221-5692 OF COUNSEL W W W. WILESLAW.GOM 11M ~~~ August 20, 200 Steve Smith Schottenstein Zox & Dunn 41 South High Street, Suite 2600 Columbus, Ohio 43215 Anne Wanner Division of Planning Department of Development City of Dublin 5800 Shier-Rings Road Dublin, Ohio 43016 Dear Steve & Anne: ARTI{UR W. WILLS (19q~-1 )8~1) TI InMAS A. DODU I{:R (1708-1991) • AUMI{ TED M qU0 AND f LORIDA ^ ADMIT TED M q 110. NEW YORK AND THE dST0.KT q- COLUMBIA •^ ADMITTED M OHIO AND PENNSTLVANU Peggy Walter received a copy of the notification that Ordinance #96-03 would be coming before City Counsel. As with everybody that received this notice, I'm sure she was somewhat surprised. In reviewing the requirements for the Restricted Suburban Residential District (R-1), it appears that those requirements are essentially what Deer Run has been developed under anyway. I am concerned, however, that the passing of this ordinance may immediately create non-conforming uses, particularly in the areas of lot size and lot dimension. You will recall that the code under the lot dimension portions (paragraph 153.020B2) require frontage on a public right-of--way. As everyone is aware, none of the lots in Deer Run front on a public road. I discussed this issue with Anne on the. 19°i and she assures me that as the intent of the ordinance is merely to loot: to zoning, but not eli-ect any substantial property rights, the building on any of parcels in Deer Run Estates would not require anything special from Dublin. 03-0822 Deer Run In particular, ibis ordinance would theoretically require a variance being applied for, due to the lack of frontage, if any other buildings were to be constructed. Anne indicated that all that would be required would be the regular application. for building permit process irrespective of lot dimension, size, and%or frontage. Lwould request that the Law Department and the Planning Department confirm in writing to me that that is a correct understanding of the situation. ~- Sincerely, ~,~; Michael L. Clo MLC/j gr cc: George Bennett #73248 vl 03-0822 Deer Run Dublin Boundary Area Running 03-0822 ~+ ~ .. County lines ® Prnding CirySponaoccd Atn Rezoninga CITY OF DUBLIN OHIO J~h zv, zoos I I EXHIBIT A I Area Rezoning Case 03-0822 Ordinance # 96-03 _ I O ~ u