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HomeMy WebLinkAbout26-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc Form No 30043 1 1 Ordinance No. 26'07 Passed 20 AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR 262 ACRES LOCATED SOUTH OF SR 33 /US 161, WEST OF 1 -270, NORTH OF THE MUNICIPAL BOUNDARY, AND EAST OF AVERY ROAD RETAINING WASHINGTON TOWNSHIP ZONING TO: R -1, RESTRICTED SUBURBAN RESIDENTIAL, RI, RESTRICTED INDUSTRIAL, AND LI, LIMITED INDUSTRIAL ZONING UNDER THE PROVISIONS OF CODE SECTION 153.004(D). (SOUTHWEST QUADRANT REZONING (AREA 1) CASE NO. 01 -110Z) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, _(L of the elected members concurring: Section 1. That the following described real estate (parcel numbers) 273000175, 273000176, 273000297, 273000326, 273000328, 273001049, 273001584, 273001585, 273002144, 273004509, 273004514, 273004998, 273004999, 273004999, 273005000, 273005371, 273005377, 273005380, 273005386, 273005387, 273005388, 273005390, 273005394, 273005405, 273005406, 273005413, 273005414, 273005415, 273005417, 273005419, 273005420, 273005429, 273005457, 273005458, 273005463, 273005465, 273005584, 273005585, 273005586, 273005587, 273005588, 273005589, 273008237, 273008238, 273008239, 273010148, 274000015, 274000024, 274000099, 274000100, 274000103, 274000104, 274000105, 274000111, 274000118, 273000178, 273000179, 273000331, 273000343, 273000351 273000352, 273000353, 273000353, 273000354, 273000355, 273000855, 273005720, 273005378, 273005389, 273005400, 273005389, 273005400, 273005391, 273005417, 273005392, 273005407, 273005397, 273005395, 273005466, 273005581, 274000096, 273005582, 274000158, 273008179, 274000102, 274000101, 274000119, 274000107, 274000120 (see attached map marked "Exhibit A proposed area rezoning (Case 01- 110Z) "), situated in the City of Dublin, State of Ohio, is hereby rezoned R -1, Restricted Suburban Residential, RI, Restricted Industrial, And LI, Limited Industrial Districts and shall be subject to regulations and procedures contained in Ordinance No. 21 -70 (Chapter 153 of the Codified Ordinances) of 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 ' 2007. Mayor - Presiding Officer Attest: Clerk of Council Sponsor: Planning Division Office of the City Manager 5200 Emerald Parkway • Dublin, Ohio 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 CITY OF DUBLUL Memo To: Members of City Council From: Jane S. Brautigam, City Manager Date: May 17, 2007 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning RE: Area Rezonings: Ordinance 26 -07 (Case 01- 110Z); Ordinance 27 -07 (Case 03- 098Z); Ordinance 28 -07 (Case 03- 121Z); Ordinance 29 -07 (Case 03- 122Z); and Ordinance 30 -07 (Case 03 -123Z) Summary: Area Rezoning Ordinances 26 -07, 27 -07, 28 -07, 29 -07 and 30 -07 are located in two general areas including the southwest area of Dublin and an area south of the Historic District that total 1,216 acres. These applications were prompted by the City of Dublin and request changes in zoning to R, Rural; R -1, Restricted Suburban Residential; R -2 Limited Suburban Residential; RI, Restricted Industrial; LI, Limited Industrial; GI, General Industrial; and PUD, Planned Unit Development Districts. The purpose of the project is to establish appropriate Dublin zoning classifications for all land located within the City limits to effectively administer development standards and avoid any future Code Enforcement issues. As part of the area rezoning process, some property owners (who may be represented at the hearing), objected to the proposed zoning for their particular properties. The Land Use & Long Range Planning Division recommended that all of the properties included in the original request be considered in the same manner and no distinction be made among properties to prevent favored treatment of any individual property. The recommendation of Planning to deny separate requests by property owners should not be taken as an indication of any future recommendation for subsequent applications made by the property owners. Instead, the recommendation was to ensure that all property owners involved in this process were treated fairly and equally. Approval of the recommended area rezoning designation does not preclude submission of applications for individual properties through the normal rezoning process. However, should the Council elect to treat these properties separately, it will be necessary to return them to the Planning and Zoning Commission for new hearings. This is because the requested zoning designations are more intense than those proposed in the Area Rezonings, and the surrounding property owners must be notified that a less restrictive and more intense zoning classification is being requested. Planning separated the five applications into two groups. May 17, 2007 Area Rezonings Page 2 of 2 Group 1 Ordinance 28 -07 - Southwest Shier -Rings and Avery Road Residential (Case #03 -121Z) Ordinance 29 -07 - Southwest Shier -Rings and Avery Road Commercial (Case #03 -122Z) Ordinance 30 -07 - SR161 and US33 Corridor (Case #03 -123Z) This group consists of properties located in the southwest area of Dublin. Planning sent informational letters to all property owners explaining the rezoning process and hosted public information sessions for both the residential and commercial properties. These cases then proceeded to a hearing of the Planning and Zoning Commission on April 12, 2007, where all three received positive recommendations to City Council. Group 2 Ordinance 26 -07 — Southwest Quadrant 1 (Case # 01 -110Z) Ordinance 27 -07 — Inner 1 -270 Residential (Historic District not included) (Case # 03 -0982) This group includes properties in the southwest area of Dublin and an area south of the Historic District. Public information meetings were held during the initial phase of rezoning in 2004. To update property owners about our process, Planning sent an informational letter explaining the rezoning process. These cases were heard by the Planning and Zoning Commission on April 12, 2007. Case numbers 01 -110Z and 03 -098Z received positive recommendations with a modified application that excluded four parcels. These excluded parcels will be rezoned at a future date. Additional information regarding these cases is available for public viewing at 5800 Shier - Rings Road in the offices of Land Use and Long Range Planning. The public hearing (second reading) on the requested zoning changes will be scheduled for June 4, 2007. Recommendation: Approval of Ordinances 26 -07, 27 -07, 28 -07, 29 -07 and 30 -07 at the June 4, 2007 Council meeting. j y of Dublin nd Use and Range Planning Southwest Area Rezoning Proposed Zoning 01 -1102 LI Limited Industrial F1 R -1 Restricted Suburban Residential F RI Restricted Industrial 0 0.125 0.25 0.5 Miles CITY OF DUBLIN- Lana use and Long Ranee Planning 5900 Shier -Rings Road Dublin, Ohio 430164236 Phone /TDD: 614 -410 -4600 Fox: 614 410 -4747 Web Site:v .aublin oh.us NOTE: All applications are reviewed by Land Use and Long Range Planning for completeness prior to being processed. Applications that are incomplete will not be accepted. Applicants are encouraged to contact Land Use and Long Range Planning for assistance and to discuss the rezoning process, and if needed, to make an appointment for a pre - submittal review prior to submitting a formal application. I. PLEASE CHECK THE TYPE OF APPLICATION: ❑ Preliminary Development Plan (Section 153.053) ® Other (Please Describe) City Sponsored Area Rezoning II. PROPERTY INFORMATION: This section must be completed Property Address: See Attached List Tax ID /Parcel Number(s): " " Parcel Size (Acres): Existing Land Use/Development: Residential, Park, Commercial, Industrial, Undeveloped Proposed Land UselDevelopment: No Change Existing Zoning District: Washington Twp. Requested Zoning District: R -1, RI, L/ Total Acres to be Rezoned: 262 III. REZONING STATEMENT: Please attach separate sheets (8.5 X 11) to the back of this application with your responses to the following sections. A. Please briefly explain the proposed rezoning and development: These properties retained Township zoning after annexation, and therefore must undergo a City- sponsored rezoning to establish Dublin zoning. B. Briefly state how the proposed rezoning and development relates to the existing and potential future land use character of the vicinity: N/A C. Briefly state how the proposed rezoning and development relates to the Dublin Community Plan and, if applicable, how the proposed rezoning meets the criteria for Planned Districts [Section 153.052(B)]: N/A DECEIVE D. Briefly address how the proposed rezoning and development meet the review criteria for Preliminary Development Plan the Planning and Zoning Commission as stated in [Section 153.055(A)] (SEE ATTACHMENT A): N/A approval by MAR 0 2007 -110 f �11 January 2007 EXHIBIT "B'r REZONING APPLICATION (Code Section 153.234) TO EXPIRE ORDINANCE NUMBER CITY COUNCIL (FIRST READING) CITY COUNCIL (PUBLIC HEARING) CITY COUNCIL ACTION J Page 1 of 5 HLE Q� LAND USE & 1 LONG RANGE PLANNING Has a previous application to rezone the property been denied by City Council within the last twelve months? ❑ Yes ® No If yes, list when and state the basis for reconsideration as noted by Section 153.234(A)(3): IV. PLEASE SUBMIT THE FOLLOWING FOR INITIAL STAFF REVIEW: Please submit large (24x36) and small (11x17) sets of plans. Please make sure all plans are stapled and collated. Large plans should also be folded. Staff may later request plans that incorporate review comments. Fourteen (14) additional copies of revised submittals are required for the Planning and Zoninq Commission hearinn. IN TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES Please notarize agent authorization, if necessary. ® FOURTEEN (14) COPIES OF A LEGAL DESCRIPTION OF THE PROPERTY (Note: Parcel numbers listed in this application will serve as legal descriptions per direction from the Law Director) ® FOURTEEN (14) COPIES OF A TAX PARCEL ID MAP indicating property owners and parcel numbers for all parcels within 500 FEET of the site (Maximum Size 11X17). Please contact Land Use and Long Range Planning if you need assistance. ® FOURTEEN (14) COPIES OF A LIST OF CONTIGUOUS PROPERTY OWNERS WITHIN 300 FEET of the perimeter of the property based on the County Auditor's current tax list, including parcel number, owner name (not Mortgage Company or Tax Service), and address (Maximum Size 11X17). It is the policy of the City of Dublin to notify surrounding property owners of pending applications under public review. Please contact Land Use and Long Range Planning if you need assistance. ❑ FOURTEEN (14) COPIES OF THE THE PROPOSED DEVELOPMENT TEXT ® FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED SITE /STAKING PLANS SHOWING: a. North arrow and bar scale. b. Location, size and dimensions of all existing and proposed conditions and structures (significant natural features, landscaping, structures, additions, decks, access ways, parking). c. Proposed Uses (Regional transportation system, densities, number of dwellings, building /unit types, square footages, parking, open space, etc.). d. Size of the site in acres /square feet. e. All property lines, setbacks, street centerlines, rights -of -way, easements, and other information related to the site. f. Existing and proposed zoning district boundaries. g. Use of land and location of structures on adjacent properties. ❑ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF THE FOLLOWING SCALED PLANS: a. Grading Plan. b. Landscaping Plan. c. Lighting Plan. d. Utility and /or Stormwater Plan. e. Tree Survey, Tree Preservation and Tree Replacement Plans ❑ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (2036) SCALED, ARCHITECTURAL ELEVATIONS with proposed colors and materials noted. ❑ - IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED DRAWINGS SHOWING: a. Location of signs and sign type (wall, ground, projecting, or window). b. Sign dimensions, including letter sizes and proposed distance from sign to grade. c. Copy layout and lettering styles (fonts) of signage. d. Materials and manufacturer to be used in fabrication. e. Total area of sign face (including frame) f. Type of illumination ❑ MATERIALICOLOR SAMPLES (swatches, photos, plans, or product specifications). Include manufacturer name and product number. RECEIVED / M MAR 3 0 2007 `4k� Y IU- Page 2 of 5 v P CITY 6 F DUBLIN LAND USE & LONG RANGE PLANNING V. CURRENT PROPERTY OWNER(S): This section must be completed. Please attach additional sheets If needed Name (Individual or Organization): Initiated by the City of Dublin (See Attached List) Mailing Address: (Street, City, State, Zip Code) Daytime Telephone: 410 -4600 Fax: Email or Alternate Contact Information: VI. APPLICANT: Please complete If applicable. This is the person(s) who is requesting the zone change if different than the property owner(s). Name: Jane Brautigam, City Manager Organization (Owner, Developer, Contractor, etc.): CityofDubfin Mailing Address: 5200 Emerald Parkway, Dublin, OH 43016 (Street, City, State, Zip Code) Daytime Telephone: 410 -4400 Fax: 410 -4490 Email or Alternate Contact Information: VII. REPRESENTATIVE(S) OF OWNER/APPLICANT.' Please complete If applicable. This is the primary contact person who will receive correspondence regarding this application. If needed, attach additional sheets for multiole representatives. Name: Jamie Adkins or Tammy Noble Organization: City of Dublin, Land Use and Long Range Planning Mailing Address: 5800 Shier Rings, Dublin, OH 43016 (Street, City, State, Zip Code) Daytime Telephone: 410 -4600 Fax: 410 -4747 Email or Alternate Contact Information: jadkins@ dublin .oh.us/tnoble @dublin.oh.us RECEIVED �° C MAR 3 0 2007 C�ap Y Page 3 of 5 ,� S! & 1DUBLIN LAND USE & LONG RANGE PLANNING VIII. AUTHORIZATION FOR OWNER'S APPLICANT /REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. v llv w Tv v 1 1 V41 r " �1 �n n the owner, hereby authorize A � 1n V � c - A / t/ i— to act as m y applicanVrepresentative(s) In all matters pertaining to the processing and approval of this application, including modifying the project. I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner: � S /1 Date: y /s/ Subscribed and sworn to before me this �J . State of ? County of J2 &4W-'e, Notary SUSAN KELLY PAHWA Attomey At Law Notary pu "•lio, Who of ONO My cuminkision ho no exphetlon dab So. 147.00 phi, IX. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are essential to process this application. The Owner /Applicant, as notarized below, hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. X. UTILITY DISCLAIMER: The City of The Owner /Applicant acknowledges the 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 Owner /Applicant. .. —..... .. — . .. '' ,. r,na aawm, ww, ue VVn,ProraU anU Ilorar6eo. I the owner or authorized 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 representative: Date: Subscribed and sworn to before me this State of County of day of Notary Public 20 NOTE: THE OWNER, OR NOTED REPRESENTATIVE IF APPLICABLE, WILL RECEIVE A FACSIMILE CONFIRMING RECEIPT OF THIS APPLICATION FFICE USE ONLY Received: F Application No: P&Z Date(s): P &Z Action: No: MIS Fee No: Date Received: Received By: Type of Request: N, S, E, W (Circle) Side of: n RECEIVECU Nearest Intersection: L + MAR 3 0 200 Distance from Nearest Intersection: LyTy DUBLIN USE & Page 4 of 5 LUNU KHpUG _ day of &�' , 20 L ATTACHMENT A: PRELIMINARY DEVELOPMENT PLAN APPROVAL CRITERIA §153.055 PLAN APPROVAL CRITERIA. (A) Preliminary development plan. In the review of proposed planned developments, the Planning and Zoning Commission and City Council shall determine whether or not the preliminary development plan complies with the following criteria. In the event the Planning and Zoning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these criteria, the Planning and Zoning Commission shall disapprove the application: (1) The proposed development is consistent with the purpose, intent and applicable standards of the Zoning Code; (2) The proposed development is in conformity with Community Plan, Thoroughfare Plan, Bikeway Plan, and other adopted plans or portions thereof as they may apply and will not unreasonably burden the existing street network; (3) The proposed development advances the general welfare of the city and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas; (4) The proposed uses are appropriately located in the city so that the use and value of property within and adjacent to the area will be safeguarded; (5) Proposed residential development will have sufficient open space areas that meet the objectives of the Community Plan; (6) The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site; (7) Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided; (8) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the sur- rounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non - conflicting circulation system for motorists, bicyclists and pedes- trians; (9) The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration of this development within the PD and the larger community and maintains the image of Dublin as a quality community; (10) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall accept- ability of the development plans contribute to the orderly development of land within the city; (11) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas; (12) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard devel- opment regulations included in the Zoning Code or Subdivision Regulation, and that any such deviations are consistent with the intent of the Planned Development District regulations; (13) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the city; (14) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development; (15) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area; (16) The applicant's contributions to the public infrastructure are consistent with the Thoroughfare Plan and are sufficient to service the new development. or - iio °Z_ Page 5of5 O OP? CITY OF DUBLIN LAND USE & LONG RANGE PLANNING CITY OF DUBLIN.. Land Use and Long Range Planning SN00 Shier -Rings Rood Dublin, Ohio 43016 -1236 Phone / TOD: 614- 410.4600 Fax: 614 - 4104747 Web Site:w .dublin.oh.ui NOTE: All applications are reviewed by Land Use and Long Range Planning for completeness prior to being processed. Applications that are incomplete will not be accepted. Applicants are encouraged to contact Land Use and Long Range Planning for assistance and to discuss the rezoning process, and if needed, to make an appointment for a pre - submittal review prior to submitting a formal application. I. PLEASE CHECK THE TYPE OF APPLICATION: ❑ Preliminary Development Plan (Section 153.053) ® Other (Please Describe) City Sponsored Area Rezoning II. PROPERTY INFORMATION: This section must be completed. Property Address: See Attached List Tax ID/Parcel Number(s): " Parcel Size (Acres): Existing Land Use/Development: Residential, Park, Commercial, Industrial, Undeveloped Proposed Land Use/Development: No Change Existing Zoning District: Washington Twp. Requested Zoning District: R -1, RI, Lt Total Acres to be Rezoned: 262 III. REZONING STATEMENT: Please attach separate sheets (8.5 X 11) to the back of this application with your responses to the following sections. A. Please briefly explain the proposed rezoning and development: These properties retained Township zoning aRerannexation, and therefore must undergo a City - sponsored rezoning to establish Dublin zoning. B. Briefly state how the proposed rezoning and development relates to the existing and potential future land use character of the vicinity: N/A C. Briefly state how the proposed rezoning and development relates to the Dublin Community Plan and, if applicable, how the proposed rezoning meets the criteria for Planned Districts [Section 153.052(B)]: N/A �'p� �1 �q ,� D. Briefly address how the proposed rezoning and development meet the review criteria for Preliminary De�ldtrAm Pla the Planning and Zoning Commission as stated in [Section 153.055(A)] (SEE ATTACHMENT A): N/A C 0.� . iiiddd��� p ���111 r CITY COUNCIL (FIRST READING) CITY COUNCIL (PUBLIC HEARING) CITY COUNCIL ACTION January 2007 EXHIBIT "B" REZONING APPLICATION (Code Section 153.234) TO EXPIRE ORDINANCE NUMBER IC Page 1 of s •fti Vupr p 1 - iiu �?_ CITY OF DUBLIN LAND USE & LONG RANGE PLANNING Has a previous application to rezone the property been denied by City Council within the last twelve months? [] Yes ® No If yes, list when and state the basis for reconsideration as noted by Section 153.234(A)(3): IV. PLEASE SUBMIT THE FOLLOWING FOR INITIAL STAFF REVIEW: Please submit large (24X36) and small (11X17) sets of plans. Please make sure all plans are stapled and collated. Large plans should also be folded. Staff may later request plans that incorporate review comments. Fourteen (14) additional copies of revised submittals are required for the Planning and Zoning Commission hearing. ® TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES Please notarize agent authorization, if necessary. ® FOURTEEN (14) COPIES OF A LEGAL DESCRIPTION OF THE PROPERTY (Note: Parcel numbers listed in this application will serve as legal descriptions per direction from the Law Director) ® FOURTEEN (14) COPIES OF A TAX PARCEL ID MAP indicating property owners and parcel numbers for all parcels within 500 FEET of the site (Maximum Size 11X17). Please contact Land Use and Long Range Planning if you need assistance. ® FOURTEEN (14) COPIES OF A LIST OF CONTIGUOUS PROPERTY OWNERS WITHIN 300 FEET of the perimeter of the property based on the County Auditor's current tax list, including parcel number, owner name (not Mortgage Company or Tax Service), and address (Maximum Size 11X17). It is the policy of the City of Dublin to notify surrounding property owners of pending applications under public review. Please contact Land Use and Long Range Planning if you need assistance. FOURTEEN (14) COPIES OF THE THE PROPOSED DEVELOPMENT TEXT ® FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED SITE /STAKING PLANS SHOWING: a. North arrow and bar scale. b. Location, size and dimensions of all existing and proposed conditions and structures (significant natural features, landscaping, structures, additions, decks, access ways, parking). c. Proposed Uses (Regional transportation system, densities, number of dwellings, building /unit types, square footages, parking, open space, etc.). d. Size of the site in acres /square feet. e. All property lines, setbacks, street centerlines, rights -of -way, easements, and other information related to the site. I. Existing and proposed zoning district boundaries. g. Use of land and location of structures on adjacent properties. IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF THE FOLLOWING SCALED PLANS: a. Grading Plan. b. Landscaping Plan. c. Lighting Plan. d. Utility and /or Stormwater Plan. e. Tree Survey, Tree Preservation and Tree Replacement Plans ❑ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) SCALED, ARCHITECTURAL ELEVATIONS with proposed colors and materials noted. F1 IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED DRAWINGS SHOWING: a. Location of signs and sign type (wall, ground, projecting, or window). b. Sign dimensions, including letter sizes and proposed distance from sign to grade. c. Copy layout and lettering styles (fonts) of signage. d. Materials and manufacturer to be used in fabrication. e. Total area of sign face (including frame) f. Type of illumination MATERIALICOLOR SAMPLES (swatches, photos, plans, or product specifications). Include manufacturer name and product number. RECEIVED ^ /�AA MAR 3 0 2007 Page 2of5 (,•��I 41 - dG° " V CI OF BLIN LAND USE & LONG RANGE PLANNING V. CURRENT PROPERTY OWNER(S): This section must be completed. Please attach additional sheets if needed. Name (Individual or Organization): Initiated by the City of Dublin (See Attached List) Mailing Address: (Street, City, State, Zip Code) Daytime Telephone: 410 -4600 Fax: Email or Alternate Contact Information: VI. APPLICANT: Please complete if applicable. This is the person(s) who is requesting the zone change if different than the property owner(s). Name: Jane Brautigam, City Manager Organization (Owner, Developer, Contractor, etc.): City of Dublin Mailing Address: 5200 Emerald Parkway, Dublin, OH 43016 (Street, City, State, Zip Code) Daytime Telephone: 410 -4400 Fax: 410 -4490 Email or Alternate Contact Information: VII. REPRESENTATIVE(S) OF OWNERIAPPLICANT: Please complete if applicable. This is the primary contact person who will receive correspondence regarding this application. If needed, attach additional sheets for multiple representatives. Name: Jamie Adkins or Tammy Noble Organization: City of Dublin, Land Use and Long Range Planning Mailing Address: 5800 Shier Rings, Dublin, OH 43016 (Street, City, State, Zip Code) Daytime Telephone: 410 -4600 Fax: 410 -4747 Email or Alternate Contact Information: jadkins@ dub lin.oh.us /tnoble @dublin.oh,us RECEIVED /�I M1 3 0 2007 Page 3of5 !`��� CITY OF DUBLN Vp� LAND USE & LONG RANGE PLANNING VIII. AUTHORIZATION FOR OWNER'S APPLICANT /REPRESENTATIVE(S): If the applicant Is not the property owner, this section must be completed and notarized. rArAl in all matters pertaining to the processing and approval of this applicatic representations and agreements made by the designated representative. Signature of Current Property Owner: ('-(" S Subscribed a sworn to before me this State of County of Notary SUSAN KELLY PAHWA Attorney At Law Notary Public, Side of ohio My commission has no monition dde Ssc.147.03 RIC. IX. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are essential to process this application. The Owner /Applicant, as notarized below, hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. X. UTILITY DISCLAIMER: The City of The Owner /Applicant acknowledges the 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 Owner /Applicant. . - -.... — — 1 1.....11. I I— 0-1-11 .,,mL uc w l uPIVWU anu nown<ea. I , the owner or authorized 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 representative: Date: Date: Subscribed and sworn to before me this State of County of Notary day of 20 NOTE: THE OWNER, OR NOTED REPRESENTATIVE IF APPLICABLE, WILL RECEIVE A FACSIMILE CONFIRMING RECEIPT OF THIS APPLICATION FOR OFFICE USE ONLY Amount Received: Application No: P &Z Date(s): P &Z Action: Receipt No: MIS Fee No: Date Received: Received By: Type of Request: of: Lftm t Intersection: pp�� R EEC E I V Page 4 of 5 FIL t ., MAR 3 0 2007 F D IN CI OF DUBLIN LAND USE & LONG RANGE PLANNING the owner, hereby authorize to act as my applicant/representative(s) Including modifying the project. I agree to be bound by all ATTACHMENT A: PRELIMINARY DEVELOPMENT PLAN APPROVAL CRITERIA § 153.055 PLAN APPROVAL CRITERIA. (A) Preliminary development plan. In the review of proposed planned developments, the Planning and Zoning Commission and City Council shall determine whether or not the preliminary development plan complies with the following criteria. In the event the Planning and Zoning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these criteria, the Planning and Zoning Commission shall disapprove the application: (1) The proposed development is consistent with the purpose, intent and applicable standards of the Zoning Code (2) The proposed development is in conformity with Community Plan, Thoroughfare Plan, Bikeway Plan, and other adopted plans or portions thereof as they may apply and will not unreasonably burden the existing street network; (3) The proposed development advances the general welfare of the city and immediate vicinity and will not impede the normal and orderly development and improvement of the surrounding areas; (4) The proposed uses are appropriately located in the city so that the use and value of property within and adjacent to the area will be safeguarded; (5) Proposed residential development will have sufficient open space areas that meet the objectives of the Community Plan; (6) The proposed development respects the unique characteristic of the natural features and protects the natural resources of the site; (7) Adequate utilities, access roads, drainage, retention andlor necessary facilities have been or are being provided; (8) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the sur- rounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that the proposed development provides for a safe, convenient and non - conflicting circulation system for motorists, bicyclists and pedes- trians; (9) The relationship of buildings and structures to each other and to such otherfacilities provides for the coordination and integration of this development within the PD and the larger community and maintains the image of Dublin as a quality community; (10) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design and layout of open space systems and parking areas, traffic accessibility and other elements having a bearing on the overall accept- ability of the development plans contribute to the orderly development of land within the city; (11) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas; (12) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard devel- opment regulations included in the Zoning Code or Subdivision Regulation, and that any such deviations are consistent with the intent of the Planned Development District regulations; (13) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable appearance standards of the city; (14) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated among the various phases to ultimately yield the intended overall development; (15) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing public service system for the area; (16) The applicant's contributions to the public infrastructure are consistent with the Thoroughfare Plan and are sufficient to service the new development. RECEI E® AZ MAR 3 0 2007 Page 5 of 5 I u I OOP C1U3LIN LAND USE & LONG RANGE PLANNING N N N N N N N N N N N N N N N N N N N N N N N N W W W W W W W W W W W W W W W W W W W W W W W W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O to to to to to A A A A N 0 0 0 0 0 0 0 0 0 0 0 W W W w 0 �O 10 ll� ll� l/i 4i O 00 W W W W W W W W W N Oo J J J O 10 10 O A oo Oo A Oo to to to to to A W N N 10 m�d0 o o o ��. �. w trJ� w W �wW o lwV N O w n p O r N y H y y y y rn �d�y C� a n ° ry uro�rro ° oro rovro by � R� d 6 o R° o r p 'o � 'G 1 0 'd Ta - 0 v o' a a p "� R ' R. n a ac Ctl G cr o' a rn rn rn rn rn rn rn rn B ,, � naR°� rn g o 0. ' n n fib• tl° uQ n Do OQ m m f7 Y w w y c o g �! 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A A A A A w w w w w w A A A w w w O o 0 0 0 0 0 O O o 0 0 o Oo O O o 0 0 0 0 0 0 0 0 O o 0 a a.o+rna rna arnrnrnrn mrnrnaaalrnrn rnrnrnrnrnrn arna r m !2 Z O Z Mc�i o �� m�� z QD z z z z 01 -110Z Adjacent Property Owners Owner Address United Dairy Farmers Inc 3955 Montgomery Rd Cincinnati Oh 45212 -3798 Mbcs Properties Llc 150 E Broad St Columbus Oh 43215 Balgriffin Homeowners Assoc 1695 -0 Henderson Rd, Ste 300 Columbus Oh 43220 Jc Enterprises Llc 6265 Emerald Pkwy, Ste 100 Dublin Oh 43016 Wilcox Place Ltd Po Box 3425 Dublin Oh 43016 -0205 Brentlinger Real Estate Co Llc 6335 Perimeter Loop Rd Dublin Oh 43017 Swickard Enterprises Inc 3730 Broadway Grove City Oh 43123 Hawkins Family Partnership Ltd 6001 34th St N St Petersburg FI 33714 Capital City Lodge Temple Corp 3413 Dahlgreen Dr Westerville, Ohio 43081 2150 Investment Cc 5353 Tuttle Crossing Blvd Dublin, Ohio 43016 5915 Llc 5915 Britton Pkwy Dublin, Ohio 43016 5966 Rings Rd Lie 5966 Rings Rd Dublin, Ohio 43016 Abdallah Shukri Oarra Basma 5766 Killiney Ln Dublin, Ohio 43016 Alexander & Suzanne Cook 5790 Killiney Ln Dublin, Ohio 43016 Alvin & Kathleen Cook 5813 Gaelic Ct Dublin, Ohio 43016 Anandan Neelan 5708 Clearfield Ln Dublin, Ohio 43016 Andrea Burns 5753 Gaelic Ct Dublin, Ohio 43016 Andrew & Elizabeth Cohan 5694 Wilcox Rd Dublin, Ohio 43016 Andrew & Stacy A Aichele 6271 Ruth Ann Ct Dublin, Ohio 43016 Andrew & Julianne Bidinotto 5758 Killiney Ln Dublin, Ohio 43016 Andrew J Robbins 6048 Heather Bluff Dr Dublin, Ohio 43016 Andy & Linda Montler 5200 Betonywood PI Dublin, Ohio 43016 Angelo Dallas Tr Et Al 5722 Liscarroll PI Dublin, Ohio 43016 Anne Wehrum Tr 5194 Betonywood PI Dublin, Ohio 43016 Anthony & Vicki A Latorre 5962 Hathaway Av Dublin, Ohio 43016 Ashok Mali 5753 Norn St Dublin, Ohio 43016 Assadolah & Manijeh Firouzian 5400 Wilcox Rd Dublin, Ohio 43016 Aurelio & Rosalinda E Morales 5947 Hathaway Av Dublin, Ohio 43016 Avery Crossing P 6174 Avery Crossing BI Dublin, Ohio 43016 Avery Lake Investments 6201 Avery Rd Dublin, Ohio 43016 Bar Bar Bar Investment Co 6066 Pirthshire St Dublin, Ohio 43016 Barbara Sharick 5601 Brighton Hill Ln Dublin, Ohio 43016 Barry & Kelly L Ackley 6279 Ruth Ann Ct Dublin, Ohio 43016 Bates Property Management Ltd Afdt 5500 Stanley Steamer Pky Dublin, Ohio 43016 Bed Development Co 5550 Tuttle Crossing BI Dublin, Ohio 43016 Ben & Charlene Hustek 5846 Locbury Ln Dublin, Ohio 43016 Bernard & Nancy A Rottkamp 6158 Northcliff BI Dublin, Ohio 43016 Bo Kimly 5241 Hirth Rd Dublin, Ohio 43016 Bonnie Clevenger 5896 Haddler Ct Dublin, Ohio 43016 Bor -Nain & Lin Chiu 5755 Dalymount Dr Dublin, Ohio 43016 Bradley & Jessica W Lagusch 5938 Lothian St Dublin, Ohio 43016 Bre /Esa Portfolio Llc 5530 Tuttle Crossing BI Dublin, Ohio 43016 Brenda Bush 5823 Gaelic Ct Dublin, Ohio 43016 Brian Donahue Tr 5986 Heather Glen BI Dublin, Ohio 43016 Brian Hagerty Tr 5687 Wilcox Rd Dublin, Ohio 43016 Brian Wynk & Amanda Chivington 5969 Lothian St Dublin, Ohio 43016 Brokers Investment Cc 6058 Pirthshire St Dublin, Ohio 43016 Brokers Investment Cc 6089 Pirthshire St Dublin, Ohio 43016 Bruce Bergmann Tr 5322 Avery Rd Dublin, Ohio 43016 Burl & Cynthia F Smith 5982 Heather Glen BI Dublin, Ohio 43016 Cao Zhenning Chen Xiaodong 5769 Norn St Dublin, Ohio 43016 Carol & Robert Wall 5812 Sandy Rings Ln R EC Dublin Ohio 43016 Carol Benkert 5771 Gaelic Ct Uitlln, Ohio 43016 Carolyn & Jason Joyce 6040 Heather Bluff Dr Dublin, Ohio 43016 Cathy Hironaka 5699 Hathaway Ct Dublin, Ohio 43016 Charles & Diane Pekunka 5776 Sandymount Dr Dublin, Ohio 43016 Charlotte Vandeveer Tr 5674 Hathaway Ct Dublin, Ohio 43016 Chester A Gunka 6149 Cara Rd Dublin, Ohio 43016 Christopher & Krista Tebbe 5792 Gaelic Ct Dublin, Ohio 43016 Christopher Zigo Cathy Zigo 5671 Wilcox Rd Dublin, Ohio 43016 Citizens Independent Mortgage Co 5690 Hathaway Ct Dublin, Ohio 43016 Clare Acquisitions Llc 5340 Tuttle Crossing Blvd Dublin, Ohio 43016 Claudia & Douglas Brooks 5681 Grantham Ln Dublin, Ohio 43016 Clayton Stephens 5733 Richgrove Ln Dublin, Ohio 43016 Clifford Byers 5690 Wilcox Rd Dublin, Ohio 43016 Columbus & Southern Ohio Electric Co 5721 Shier -Rings Rd Dublin, Ohio 43016 Community Mailer Inc 5622 Hathaway Ct Dublin, Ohio 43016 Crystal L Mayle 5983 Heather Glen BI Dublin, Ohio 43016 Cui Jinbin Li Linna 5782 Killiney Ln Dublin, Ohio 43016 Daniel & Angela M Ketone 6129 Cara Rd Dublin, Ohio 43016 Daniel & Deborah Roe 5716 Richgrove Ln Dublin, Ohio 43016 Daniel & Eileen Bower 5211 Red Oak Ln Dublin, Ohio 43016 Daniel King & Zobeida Camacho -King 5625 Hathaway Ct Dublin, Ohio 43016 Darla Burns 5763 Dalymount Or Dublin, Ohio 43016 David & Catherine M Hudak 5971 Hathaway Av Dublin, Ohio 43016 David & Janet Johnson 5691 Hathaway Ct Dublin, Ohio 43016 David & Mai Duff 5698 Hathaway Ct Dublin, Ohio 43016 David & Robin Martz 5193 Betonywood PI Dublin, Ohio 43016 David & Delores Gease 5630 Tuttle Crossing BI Dublin, Ohio 43016 David & Shirley Dickinson 6034 Pirthshire St Dublin, Ohio 43016 David Bolton & Lori Willeford 5895 Haddler Ct Dublin, Ohio 43016 David Deshetler 5899 Scotsman Ct Dublin, Ohio 43016 David Shell & Teresa Monnin 5582 Baybrook Ln Dublin, Ohio 43016 David Waits & Ursula Waits 5601 Hathaway Ct Dublin, Ohio 43016 Ddk Holdings Inc 5329 Crossing Ln Dublin, Ohio 43016 Denis & Susan J Leveque 5955 Hathaway Av Dublin, Ohio 43016 Dennis Hoffer 5725 Avery Rd Dublin, Ohio 43016 Derek & Mary Garceau 5583 Baybrook Ln Dublin, Ohio 43016 Devillers Sullivan Llc 5857 Haddler Ct Dublin, Ohio 43016 Diane L Erwin 6129 Pirthshire St Dublin, Ohio 43016 Dimche Kuzmanovski 5380 Tuttle Crossing Blvd Dublin, Ohio 43016 Diocesan Publications Inc 6161 Wilcox Rd Dublin, Ohio 43016 Dkjw Tuttle Llc 5490 Tuttle Crossing BI Dublin, Ohio 43016 Donald L Shaw 6042 Pirthshire St Dublin, Ohio 43016 Donald Lowery Dianne Lowery 5625 Tuttle Crossing Blvd Dublin, Ohio 43016 Dong Yaofeng & Jiang Tong 5981 Heather Glen BI Dublin, Ohio 43016 Dorothy Thomas Tr Et Al 5503 Perimeter Dr Dublin, Ohio 43016 Douglas Karl Tr 5675 Hathaway Ct Dublin, Ohio 43016 Drt Associates Llc 6091 Enterprise Ct Dublin, Ohio 43016 Duane & Shirley V Schirtzinger 5971 Blunden Rd Dublin, Ohio 43016 Dublin Building L C 5655 Venture Dr Dublin, Ohio 43016 E Robin Rice 6113 Pirthshire St Dublin, Ohio 43016 Eec Holdings Llc 3903 Ivygate PI Dublin, Ohio 43016 Elise Karl Tr 5657 Hathaway Ct Dublin, Ohio 43016 Empire Food Brokers Of Ohio Inc 6131 Avery Rd u I' 0 43016 Epcon Glenealy Llc 6224 Ardmore Wy R �� f I h 43016 Eric & Cathy Schmelzer 5735 Avery Rd D I io 43016 Eric & Michelle Etter 5797 Gaelic Ct Dublin, Ohio 43016 M AR 3 0 2001 FILF C� 1 �� C ) & LAND USE LONG RANGE PLANNING Erin & Dena K Sullivan Ermias Seleshi Eugene Chipiga & Karina Rifman Fentress Kimberly Fidel & Yuri Rodriguez Foley David Fon Ngu Frida Ngu Frank & Helen Chasar G Michael & Lisa Franks Gary & April Stull Gerard & Jennifer Mccann Gilligan Oil Company Llc Gregory Grzywinski & Wendy Pellinger Gupta Sameer Gupta Ritu Harold & Jeannette Stauch Harold & Tamara Segieth Heather Properties Llc Heather Reese & Thomas Cartwright Helen Starks Hidaka Usa Inc Ho Yoo Jaya Yoo Huang Hsin -Po Yu Chiu -Mei Ilija & Danise Karanfilov Industrial Structures Investments L C Jacob & Janice Popovich Tr Jagmohan Singh Amarpreet Bola James & Michelle Rappach James & Stacy Gall James & Dorothy Snashall James & Nancy Schroeder Jamie & Jeffrey Boff Jeffrey & Beth McIntyre Jeffrey & Jennifer Reed Jeffrey & Cheryl Wasserstrom Jeffrey & Debra Daulton Jeffrey Bennett Jej Realty Iii Lk; Jerry Moore Jo Hill Jodi Dayan Yigal Dayan Joel & Wei Chan Man John & Debra L Kunze John & Joan C Werling John Pittroff Michelle Schuster John Tr Hyre Joseph & Jennifer Ziraldo Joye Anita Realty Cc Ltd Julie Folger & Jon Woolley Julie Fouche Julie Ports June Bujalski- Eilers Kailasnath & Karuna Murthy Karen Sharp Kathy Cunningham Kathy L Long 6258 Ruth Ann Ct 5783 Sandymount Or 6097 Pirthshire St 5807 Locbury Ln 5766 Dalymount Or 5937 Lothian St 5915 Hathaway Av 5575 Baybrook Ln 5750 Killiney Ln 5683 Kentfield Dr 5689 Grantham Ln 5350 Tuttle Crossing Blvd 5708 Richgrove Ln 5721 Grantham Ln 6136 Wilcox Rd 5739 Dalymount Dr 5980 Heather Glen BI 5923 Hathaway Av 5713 Grantham Ln 5761 Shier -Rings Rd 5793 Norn St 5970 Hathaway Av 5378 Avery Rd 5995 Shier -Rings Rd 5823 Castleknock Rd 5724 Clearfield Ln 5682 Hathaway Ct 5803 Gaelic Ct 5774 Gaelic Ct 5674 Kentfield Or 5641 Hathaway Ct 5752 Gaelic Ct 5806 Gaelic Ct 5798 Killiney Ln 5212 Red Oak Ln 5697 Grantham Ln 5945 Lothian St 5839 Castleknock Rd 5559 Brighton Hill Ln 5860 Haddler Ct 5872 Haddler Ct 6109 Cara Rd 6155 Northcliff BI 5683 Hathaway Ct 5725 Richgrove Ln 5774 Killiney Ln 5610 Tuttle Crossing BI 5842 Castleknock Rd 5680 Wilcox Rd 5421 Aubrey Loop 5881 Haddler Ct 5705 Grantham Ln 5782 Dalymount Dr 5905 Scotsman Ct 6169 Cara Rd FILE COPY Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 Dublin, Ohio 43016 — r" ? DU61 n, Ohio 43016 E Dublin, Ohio 43016 Dublin, Ohio 43016 MAR 3 0 4 i� Ohio 43016 CITY 0( LAND USE & LONG RANGE PLANNING Keith Brown Tr 6105 Pirthshire St Dublin, Ohio 43016 Keith L Brown 6082 Pirthshire St Dublin, Ohio 43016 Kelly Robinson 5478 Aubrey Loop Dublin, Ohio 43016 Kevin Bauman Moira Bauman 5760 Castleknock Rd Dublin, Ohio 43016 Kevin Wynk & Erin Mclain 5750 Gaelic Ct Dublin, Ohio 43016 Kimberly K Planck 6247 Ruth Ann Ct Dublin, Ohio 43016 Kuanghua & Yu Chen 5831 Castleknock Rd Dublin, Ohio 43016 Kwang & Kyung O Won 5979 Hathaway Av Dublin, Ohio 43016 L & Real Estate Ltd 6215 Enterprise Ct Dublin, Ohio 43016 Lai Wenmin Qin Song 5758 Gaelic Ct Dublin, Ohio 43016 Laurie Salo 5709 Richgrove Ln Dublin, Ohio 43016 Lee In Park Sung H 5882 Haddler Ct Dublin, Ohio 43016 Lee Jusang Tong Eunyoung 5887 Haddler Ct Dublin, Ohio 43016 Leigh A Reed 5970 Blunden Rd Dublin, Ohio 43016 Lenhart- Frauenberg Partnership Up 5720 Avery Rd Dublin, Ohio 43016 Lisa & Matthew Forney 5725 Killiney Ln Dublin, Ohio 43016 Lisa Johnson & Carolyn Quinn 5851 Rings Rd Dublin, Ohio 43016 Lisa Yee & Lisa D Kalmar 6263 Ruth Ann Ct Dublin, Ohio 43016 Luis Carmona & Juliana Castillo 5609 Hathaway Ct Dublin, Ohio 43016 Me Souhong Fan Baohe 5802 Gaelic Ct Dublin, Ohio 43016 Mac -Beth Properties Ltd 6064 Heather Bluff Dr Dublin, Ohio 43016 Marc Bowman & Donna Finchum 5699 Wilcox Rd Dublin, Ohio 43016 Marc Lamarre & Deborah A Deboer 6081 Pirthshire St Dublin, Ohio 43016 Margaret Glenn 5377 Crossing Ln Dublin, Ohio 43016 Marilyn Hall 6068 Glenvillage Dr Dublin, Ohio 43016 Mark & Heidi Merchant 5834 Castleknock Rd Dublin, Ohio 43016 Mark Kievan & Liza lofredo 5574 Baybrook Ln Dublin, Ohio 43016 Martin & Jeanne F Majka 6065 Heather Bluff Dr Dublin, Ohio 43016 Martin Osmond Tr 5931 Hathaway Av Dublin, Ohio 43016 Mary Perez 5759 Gaelic Ct Dublin, Ohio 43016 Matthew & Darcy Mossman Tr 5682 Wilcox Rd Dublin, Ohio 43016 Matthew & Susan E Downie 5954 Lothian St Dublin, Ohio 43016 Matthew Patel 5734 Killiney Ln Dublin, Ohio 43016 Matthew Reed & Tracy Thielemans -Reed 5962 Lothian St Dublin, Ohio 43016 Mcgovern Llc 6150 Northcliff BI Dublin, Ohio 43016 Melanie & Doyle A Unger 6266 Ruth Ann Ct Dublin, Ohio 43016 Melissa & Marc Carlson 5686 Wilcox Rd Dublin, Ohio 43016 Melvin & Wilma Ehrlich 5554 Brighton Hill Ln Dublin, Ohio 43016 Michael & Eloise E Kaizar 6137 Pirthshire St Dublin, Ohio 43016 Michael & Jodi A Meadows 6049 Heather Bluff Dr Dublin, Ohio 43016 Michael & Julia Frost 5742 Killiney Ln Dublin, Ohio 43016 Michael & Debra D Kenny 6121 Pirthshire St Dublin, Ohio 43016 Michael & Doreen Yoder 5758 Dalymount Or Dublin, Ohio 43016 Michael D Dranichak 6255 Old Avery Rd Dublin, Ohio 43016 Michael Geisler 5360 Aubrey Lp Dublin, Ohio 43016 Michael H Deangelis 5963 Blunden Rd Dublin, Ohio 43016 Michael L Bradley 5941 Haddler Dr Dublin, Ohio 43016 Michael S Blue 6077 Avery Rd Dublin, Ohio 43016 Michael Tighe 5784 Gaelic Ct Dublin, Ohio 43016 Michael Yoon 5814 Killiney Ln Dublin, Ohio 43016 Mid States Development Corp 5695 Avery Rd Dublin, Ohio 43016 Mre Properties Llc 5633 Hathaway Ct Dubl" Qhio 43016 Mva Real Estate Group Ltd 5654 Tuttle Crossing BI Dublin„ hio 43016 Nadimpally Pattabhi Srigiriraju Rohini 6041 Pirthshire St Dublin, Ohio 43016 FE P CQPY M ot - «0 °-a CITY OF DUBLIN LAND USE & LONG RANGE PLANNING Naduparambil & Rajani Jacob 5822 Gaelic Ct Dublin, Ohio 43016 Neil & Martha Lewbel 5692 Richgrove Ln Dublin, Ohio 43016 Ng Gin Wong Siew F 6041 Heather Bluff Dr Dublin, Ohio 43016 Nicholas Kynyk & Jessica Sas 5779 Gaelic Ct Dublin, Ohio 43016 Nicky Ii & Bethany L Strock 6043 Pirthshire St Dublin, Ohio 43016 Niranjan Pemmareddy Kavitha Pemmareddy 5761 Nom St Dublin, Ohio 43016 Padma Singh 5929 Britton Pkwy Dublin, Ohio 43016 Pamela Bellas 5321 Crossing Ln Dublin, Ohio 43016 Pamela J Huston 6196 Wilcox Rd Dublin, Ohio 43016 Pankaj & Jayashri Patel 5768 Sandymount Dr Dublin, Ohio 43016 Parmet Cc Inc 5745 Avery Rd Dublin, Ohio 43016 Patricia A Sukalich 5963 Hathaway Av Dublin, Ohio 43016 Patricia Brosnan 5807 Killiney Ln Dublin, Ohio 43016 Paul Jr & Amy Hoy 5424 Avery Rd Dublin, Ohio 43016 Philip & Phillip D Hawk 6065 Pirthshire St Dublin, Ohio 43016 Philip Holdrieth Tr 6147 Northcliff BI Dublin, Ohio 43016 Phillip Stuck & Melinda Routson 5873 Haddler Ct Dublin, Ohio 43016 Prep Dublin Llc 5689 Avery Rd Dublin, Ohio 43016 Ram & Prasanna Sannidhi 5717 Killiney Ln Dublin, Ohio 43016 Ranganathan Anand Bhuvaneswaran Geetha 5774 Dalymount Dr Dublin, Ohio 43016 Rhett Lo Yi -Wen Kuseski 5717 Richgrove Ln Dublin, Ohio 43016 Robert & Alison Moffit 5667 Kentfield Dr Dublin, Ohio 43016 Robert & Cynthia Abbruzzi 5197 Red Oak Ln Dublin, Ohio 43016 Robert & Margaret Shirk 5799 Killiney Ln Dublin, Ohio 43016 Robert & Robin Bolds 5811 Sandy Rings Ln Dublin, Ohio 43016 Robert & Shirley A Landthorn 6199 Shamrock Ct Dublin, Ohio 43016 Robert & Shirley A Landthorn 6229 Memorial Dr Dublin, Ohio 43016 Robert C Foyle 5987 Heather Glen BI Dublin, Ohio 43016 Robert J & Claudia Park 5196 Red Oak Ln Dublin, Ohio 43016 Robert Proctor 5765 Gaelic Ct Dublin, Ohio 43016 Robert Williams 5424 Old Wilcox Rd Dublin, Ohio 43016 Rr Partners 5660 Rings Rd Dublin, Ohio 43016 Rush Cabalquinto 5973 Haddler Dr Dublin, Ohio 43016 Russell & Tedi L Ingersoll 5950 Rings Rd Dublin, Ohio 43016 Ryan Sebastian & Sonya Keinath 5747 Dalymount Dr Dublin, Ohio 43016 Sadhishkumar Kunnamareddi Preeyal Kotadiya 5698 Grantham Ln Dublin, Ohio 43016 Saint Johns Lutheran Church 6115 Rings Rd Dublin, Ohio 43016 Sairsinivas & Minakshi Thumuluri 5786 Nom St Dublin, Ohio 43016 Salem & Agnes Cory Co -Trs 5566 Baybrook Ln Dublin, Ohio 43016 Sallye & Timothy Mcvey 5868 Haddler Ct Dublin, Ohio 43016 Sam Delio Michelle Delio 5692 Wilcox Rd Dublin, Ohio 43016 Sampathnath & Surya Pamidiguntam 5684 Wilcox Rd Dublin, Ohio 43016 Sara Davis Tr 5814 Gaelic Ct Dublin, Ohio 43016 Sastry K Durvasula Ravikumari Durvasula 5734 Dalymount Dr Dublin, Ohio 43016 Saul & Julie Lugo 5726 Killiney Ln Dublin, Ohio 43016 Scott & Michele May 5191 Hirth Rd Dublin, Ohio 43016 Scott & Shari Aliff 5899 Haddler Ct Dublin, Ohio 43016 Scott & Debra Tillman 5760 Sandymount Dr Dublin, Ohio 43016 Sean & Lisa A Dicks 5988 Heather Glen BI Dublin, Ohio 43016 Shamrock Investment Company 5777 Nom St Dublin, Ohio 43016 Shamrukh Maher Omari Muna 6056 Heather Bluff Dr 6, Dublin, Ohio 43016 FIDE COPY MAR 0 zoa� CITY OF DUBLIN LAND USE & LONG RANGE PLANNING Shane & Kikuko Gill 5907 Scotsman Ct Dublin, Ohio 43016 Sharon Ann Lange 5500 Brighton Hill Ln Dublin, Ohio 43016 Shawn & Sheri Watkins 5700 Richgrove Ln Dublin, Ohio 43016 Shelley L Stevens 6057 Pirthshire St Dublin, Ohio 43016 Shield Norman Properties Llc 5958 Rings Rd Dublin, Ohio 43016 Snb Development Co 5962 Blunden Rd Dublin, Ohio 43016 Soundararajan Et Al 5617 Hathaway Ct Dublin, Ohio 43016 Stacey Zavesky 5675 Kentfield Dr Dublin, Ohio 43016 Stacia & Darren Mize 5691 Kentfield Dr Dublin, Ohio 43016 Stephen & Amy Salay 5789 Gaelic Ct Dublin, Ohio 43016 Stephen & Barbara Anthony 5890 Haddler Ct Dublin, Ohio 43016 Stephen & Lynne Krzykoski 5695 Wilcox Rd Dublin, Ohio 43016 Steven & Laura L Stauch 6136 Wilcox Rd Dublin, Ohio 43016 Steven & Theresa M Marsh 5946 Lothian St Dublin, Ohio 43016 Steven Basil Tr 5688 Wilcox Rd Dublin, Ohio 43016 Steven Mills 5684 Richgrove Ln Dublin, Ohio 43016 Steven Spencer & Leane M Vessels 5951 Haddler Dr Dublin, Ohio 43016 Stonehenge Co 6055 Avery Rd Dublin, Ohio 43016 Sui Chow 5815 Killiney Ln Dublin, Ohio 43016 Sundararajan Rajagopalan Raghunathan Bhooma 6051 Pirthshire St Dublin, Ohio 43016 Susan & Gene Daulton Tr Dublin Oh 43016 Dublin, Ohio 43016 Susan & Frederic Smith 5766 Gaelic Ct Dublin, Ohio 43016 Susan K Erwin 5965 Rings Rd Dublin, Ohio 43016 Susan Mathew 5804 Sandy Rings Ln Dublin, Ohio 43016 Susan Mullins 5353 Crossing Ln Dublin, Ohio 43016 Tara Group Ltd 6365 Shier -Rings Rd Dublin, Ohio 43016 Terry Miller & Jennifer Studer - Miller 5991 Heather Glen BI Dublin, Ohio 43016 Thane & Stella C Thatcher 6029 Avery Rd Dublin, Ohio 43016 Thiruppathy Alagappan Alagappan Sathukarasi 5649 Hathaway Ct Dublin, Ohio 43016 Thomas Mcdowell 5258 Wilcox Rd Dublin, Ohio 43016 Thuy Do Quoc Doan 5826 Castleknock Rd Dublin, Ohio 43016 Timothy J Whalen 6151 Avery Rd Dublin, Ohio 43016 Tina Szmania - Defluiter & John Defluiter 5865 Haddler Ct Dublin, Ohio 43016 Ting Yu Li He 5794 Nom St Dublin, Ohio 43016 Todd & Amy H Starnes 5939 Hathaway Av Dublin, Ohio 43016 Todd & Diane Zimmerman 5682 Kentfield Dr Dublin, Ohio 43016 Tom & Sally Currie 5927 Rings Rd Dublin, Ohio 43016 Toshiyuki & Mao Usui 6274 Ruth Ann Ct Dublin, Ohio 43016 Tuttle Partners Ltd 5701 Ebner Cr Dublin, Ohio 43016 Tuttles Grove P 4539 Tuttles Grove Blvd Dublin, Ohio 43016 Udr Ohio Properties Llc 5489 Crescent Ridge Dr Dublin, Ohio 43016 Ulrich & Ingeborg Schmidt Tr 5961 Lothian St Dublin, Ohio 43016 Vicki & Gregg Frank 5787 Locbury Ln Dublin, Ohio 43016 Vladimir & Bella Golesh 5796 Sandy Rings Ln Dublin, Ohio 43016 W Realty Co Ltd 5360 Tuttle Crossing Blvd Dublin, Ohio 43016 Washington Township Bd Of Trs 5985 Cara Rd Dublin, Ohio 43016 Washington Township Board Of Trustees 5985 Cara Ct Dublin, Ohio 43016 Wayne Jones & Martrice Brown 5785 Norn St Dublin, Ohio 43016 Wendy & Chad Reeves 5885 Scotsman Ct Dublin, Ohio 43016 Westdale Properties Lic 6141 Avery Rd R EC E i ��thio 43016 Wilcox -Tuttle Limited Partnership 5481 Wilcox Rd rbB hio 43016 FILE CQFV MAR 3 �U N CITY OF DUBL`N LAND USE & LONG RANGE PLANNING Willard & Dona E Givens 6057 Heather Bluff Dr Dublin, Ohio 43016 William & Heather Hennell Tr 6130 Pirthshire St Dublin, Ohio 43016 William & Karen Dunn 5806 Killiney Ln Dublin, Ohio 43016 William & Sandra Arrighi 5590 Baybrook Ln Dublin, Ohio 43016 William & Judith Yoder 5661 Wilcox Rd Dublin, Ohio 43016 William Ii & Bonnie Widmyer 5931 Haddler Dr Dublin, Ohio 43016 William J Carnie 6255 Ruth Ann Ct Dublin, Ohio 43016 William L Baker 6360 Shier -Rings Rd Dublin, Ohio 43016 Willis & Jean Chapman 5784 Rings Rd Dublin, Ohio 43016 Wpw West Inc 6245 Old Avery Rd Dublin, Ohio 43016 Zhang Yi Gao Harry 5953 Lothian St Dublin, Ohio 43016 Zhu Huawen & Chen Xiangqun 6050 Pirthshire St Dublin, Ohio 43016 Brentlinger Real Estate Co 1-lc 6335 PERIMETER LOOP RD Dublin, Ohio 43017 Ben M Hustek 5846 Locbury Ln Dublin, Ohio 43016 Kimberly A Fentress 5807 Locbury Ln Dublin, Ohio 43016 Michael T Geisler 5360 Aubrey Lp Dublin, Ohio 43016 Julie D Ports 5421 Aubrey Lp Dublin, Ohio 43016 Kelly A Robinson 5478 Aubrey Lp Dublin, Ohio 43016 Pamela K Bellas 5321 Crossing Ln Dublin, Ohio 43016 Barbara K Sharick 5601 Brighton Hill Ln Dublin, Ohio 43016 Marilyn K Hall 6068 Glenvillage Dr Dublin, Ohio 43016 Melvin A & Wilma C Ehrlich 5554 Brighton Hill Ln Dublin, Ohio 43016 RECEIVED /`r Copy C1WY UBL IN • LAND USE & LONG RANGE PLANNING BYaugrund, Herbert & Ma.r!'ila I N C 0 k P 0 R A T E 0 David S. Slagrund Attorneys and Counselors at Law Christopher T- Cline 100 west Wilson)3ridge RAad, Suite 100, Worthington, Ohio 43085 -2279 Jonathan M. Gabel Phone: 614 /764 -0651 Fae:614/764 -0774 John W. Herbert David S. Yessler www.bhmlaw.com razeel S. Khan Brandon J. Lester April 10, 2007 Mr. Steve Langworthy Planning Director City of Dublin Planning Department 5800 Shier Rings Road Dublin, Ohio 43016 Steven A. Manin Sharon L.R. Miller Marc E. Myers Stephen P. Pomlakis Geoffrey P. Scott Carole D. Weiss re: Parcel #s 273 - 000167 (74 Marion Street) and 273 - 000161 (50 Marion Street) Area Rezoning 03 -098Z Dcar Mr. Land orthy: I represent Dorthy Manus, Trustee, who is the owner of the above parcels located at the comer of Marion and Franklin Streets in the City of Dublin. These properties are two family homes and Area Rezoning 03 -098Z proposes to rezone them to R2, or single family. I would like to provide some background to you as it appears that possibly because of staff changes some past work may have been lost. These two homes were built by Mrs. Mann's husband in 1955, They were properly permitted and constructed in the Village of Dublin under the Residential' District (Section 2) development standards set out in village of Dublin Ordinance 3 -54, which appears to be a comprehensive zoning ordinance enacted on September 3, 1954. I understand there are several other two family homes in the nearby area meeting the same standards_ Area rezoning 03 -0982 proposes to wake my client's parcels nonconforniing uses, both Through the two family characteristic and also due to lot dimension (Ordinance 3 -54 requires 90 foot fronts and IR2 requires 100 foot fronts). I think this would be unfortunate since the homes were properly constructed under a valid Dublin residential zoning category and the land uses are (fully compatible with the dominant single family category in the area, many of which were probably also constructed under the same category and with the same standards_ There has been some confusion about the old zoning map which, to a degree, forms the justification for the categories requested in this area rezoning. These categories, as 1 recall, were copied from the then - current Franklin County Zoning Regulations. The map 04/10/2007 TUR 15:12 [TX /RX NO 65301 1:]001 was apparently created as part of the enactment of Ordinance 21 -70, adopted July 13, 1970, and there have been discussions through the years as to whether enactment of Ordinance 21 -70, which referenced the zoning map, constituted an area rezoning. My view has been that Ordinance 21 -70, which was introduced and enacted at a single special meeting of the Village Council, in noway met the requirements for a rezoning. Indeed, Dublin Code Table X, ,Zoning Map Changes, contains no entry for Ordinance 21- 70. In 2004 I worked extensively with Dublin, Planning Staff on the issue of •these two parcels. I believe I worked tivith Arme Wanner, but my memory could be deficient (I have been on active duty with the U.S. Army for the last I8 months). My clear recollection is, however, that Plamxing Staff had agreed, after teaming that the properties had been validly developed iir the Village of Dublin (rather than in the township and then annexed) that the properties should not be placed in category that would make them nonconforming uses. My view is that the parcels are conforming uses under the Residential District regulations under which they were constructed and municipal zoning action at this tune should not render them nonconfomting uses with all the negatives arising from that classiBcation- I hope that the above information is helpful to you and will look fonvard to discussing this matter f t ther, either with yourself or a member of your staff. 1 would appreciate it also if you would make this letter a copy of the official file of Area Rezoning 03 -098Z. Vt;ry tzuly yours, Christopher T. Cline CTC:pq Encl -0 cc: Steve Smith, Esq. .FAX TRANSMISSION DATE. 10 Apri107 TIME: 1400 Page 1 of 2 Fax Reply: 614- 764 -0774 Fax Send: 61 4- 761 -6506 TOTAL P.02 04/10/2007 TUE 15:12 [TX /RX NO 65301 QJ002 Blaugrund, Herbert & Martin I N C O R P O R A T E D David S. Blaugrund Attorneys and Counselors at Law Christopher T. Cline Marc E. Myers Maryellen Corna 5455 Rings Road, Suite 500, Dublin, Ohio 43017 Stephen P. Postalakis Jonathan M, Gabel Phone: 614/764 -0681 Fax: 614/764 -0774 Teri G. Rasmussen John W. Herbert Geoffrey P. Scott David S. Kessler www.bhmlaw.com Carole D. Weiss Steven A. Martin Sharon L. R. Miller Of Counsel Francis A. Kovacs, Jr. May 10, 2005 Stephen Smith Schottenstein, Zox and Dun 250 West Street PO Box 165020 Columbus, Ohio 43216 -5020 re: 6200 Wilcox Road, Dublin, Ohio; parcel # 273- 004514 Dear Steve: I represent John Hoge and Amarilys Guemica -Hoge. The Hoges are 17 year Dublin residents who live in Coventry Woods and also operate their janitorial services business, Master Maintenance, at 6200 Wilcox Road. The Hoges purchased 6200 Wilcox Road in October 2000 for the purpose of relocating their business to the site. The property was listed for sale with a major commercial realtor and was represented as being "currently zoned for many commercial uses ". The realtor represented in writing, regarding permitted uses, that she could provide a "complete list provided by Dublin Zoning." Prior to entering into a purchase contract, John Hoge met with Colby Tumock in the Dublin Planning offices and was told the site was zoned RI (Restricted Industrial). Mr. Hoge felt that his diligence had been appropriately satisfied and that the site was in fact properly zoned for his and his wife's business. They went forward with the purchase. The staff position is that there is no proof, in writing, as to what was conveyed by Dublin employees regarding the zoning of the parcel. However, it appears uncontested that two people, the realtor and Mr. Hoge, met with Planning staff. Thereafter, the realtor felt comfortable representing in the listing publication that the property was zoned commercial. Mr. Hoge, who met with Planning staff to satisfy himself regarding the zoning, afterward felt convinced enough to purchase the property for his commercial use. I think as a matter of establishing the fact of induced reliance the inferences are strong — perhaps rising to presumptions —even disregarding the direct testimony of the parties involved. Colby Tumock is of course no longer with the City of Dublin. At some later point, it was realized by the City that the site was not zoned RI, but rather retained the township designation of RI (Residential). The I were notified by the City and they sought to bring the property into -.a commercial district by filing a Planned Development District for the A acre site. Ho Waver, City Staff had significant expectations regarding the characteristics requifQd of the planned district. Ken Golonka Letter to Stephen Smith, Esq. May 10 2005 Page 2 at Vorys then asked me to review the matter to determine if there was a reasonable solution to the problem. Obviously, litigation involving the Hoges, the realtor and the City is a possibility if something cannot be worked out. I am writing to you to frame the issues and hopefully to gain some support from the law department for a reasonable resolution of this matter. That resolution, in my opinion, would be to rezone this site to the same designation as the land that surrounds it on the west side of Wilcox Road: Restricted Industrial. There are two areas of discussion: Land Use Classification and Development Standards. Land Use Classification First, I do not believe a planned district is appropriate in this case for a small parcel with a single use. The first purpose for a planned district in Dublin (DC § I53.050(A)(1)(a) is to "provide an opportunity for a mix of land uses otherwise not permitted within the standard municipal zoning district classifications." Here there is no "mix" of land uses not permitted in the standard category. The standard category of Restricted Industrial works fine and is also the surrounding category. Attached you will a zoning map given to me today by Danielle Devlin. The small orange site labeled "6200" is the site under consideration. As you can see, it is surrounded by RI on three sides and RI is, and has been for many years, the dominant zoning category in this area. This sort of computer map was probably not available when John Hoge met with Colby Tumock back in 2000 however, and even now the zoning category is not listed in this system. The available references used by Colby appear to have been old city and township zoning maps. I have a number of those in my office and they certainly appear to be equivocal. It easy to see that a mistake might be made between RI and RI, or, the boundaries of RI districts in the Village or the township might be misinterpreted. Perhaps more importantly, Dublin's choice in recordkeeping of land use classifications is, by ordinance, the Zoning District Map. The Map was originally adopted in 1970. DC § 153.015(A)(1) provides that "The zoning district map, as amended from time to time, shall be the final authority for the current zoning district status of land under the jurisdiction of the zoning ordinance." The problem is that the last Dublin Zoning District Map I have seen is circa 1985. As a result, it is not possible for citizens to look at a zoning map to determine land use classifications. Only by visiting with Planning Staff is it is possible to find out what the zoning status of a parcel is. That is what John Hoge did. The Hoges were certainly diligent in inquiring with the City regarding the zoning of the site. Above all, they wished to avoid risk and would not have moved forward with purchase if there was any doubt expressed to them regarding the zoning of the site. An additional point to consider is that the residential classification is probably not an appropriate zoning for the parcel, considering the surrounding commercial and industrial Letter to Stephen Smith, Esq. May 10, 2005 Page 3 uses. The Future Land Use Plan appears to list the site as Light Industrial. It is certainly plausible that a Court would find the current residential zoning inappropriate, and, if that were to be the case the same zoning as the surrounding lands would seem to be the logical choice. I recite all of the above not to assert supremacy in this argument but simply as support for a request for reasonableness in resolving this situation in a logical manner. Impact of Development Standard Assuming for the moment that a reasonable course of action might be that the site be rezoned RI, the next issue is what the consequences of that action might be. Attached are some staff notes responding to the possibility of the land being zoned as a Planned Unit Development. In a straight district, the question is raised as to whether variances might be required and if so, the degree of the variance. One issue that would be raised in a standard district would be non conformity of the existing structure with ROW setback requirements. Wilcox Road, which was originally 60 feet ROW now appears to be shown as 70 feet on the Thoroughfare Plan. The attached Auditor's map shows the general area but has some shortcomings. The lands west of Wilcox Road were platted in PB 85 page 55 and the ROW dedication is shown here. However, the map does not appear to be accurate as the plat shows 35' from centerline being dedicated and this map shows 40'. Additionally, the lands east of Wilcox, ie, the Hoges' site, have not dedicated ROW but a dedication is shown, also at 40'. This is incorrect also as the ownership remains to the centerline. However, you can at least scale out the centerline to the Hoges' structure and see that the structure is 71' from centerline and the porch is 69' (I have another map with a smaller scale so I am able to be a bit more accurate). Under the previous ROW, before the Thoroughfare Plan expansion, the setback would have been 60' from centerline (DC 153.072(A). Under the expansion caused by the Thoroughfare Plan increase to 70' ROW, the setback becomes 70' from centerline. Note also that the ROW centerline does not appear to be in the center of the pavement, but several feet to the west. The effect of this minor, in my view insignificant, setback nonconformity is the next question. My view is that the setback nonconformity exists for the structure regardless of what the land use is. I would thus consider this not to be a significant issue. We have many structures in Dublin that have become setback nonconforming due to expansion of rights of way or, as here, changes to the Thoroughfare Plan which increase setbacks by ordinance. Typically, we don't do a variance, we just note the nonconformity. The only limitation by DC § I53.004(C)(2) would be that the structure cannot be expanded any closer to the right of way. In my view, the setback nonconformity does not bear on the land use issue. L etter to Steyhen Smith, Esq. May 10, 2005 Page 4 There is also an issue of the accessory structure, a two car garage northeast of the primary structure. The location of this garage complies with the old 1980s Washington Township R1A standard but would not comply with any Dublin residential district per DC § 153.074(E), which was enacted in 2000. As a result, there are legions of structures, like this one, in residential districts throughout Dublin that are nonconforming due to location. If the district is changed to Restricted Industrial, the structure remains nonconforming as the district requires IS' on the side and rear and this structure is 8' and 3', respectfully. Again, the limitation would be modification of the structure closer to the lot lines. At this point, I don't see other significant issues with Restricted Industrial development standards for the site and the existing building. The structure is only about 1250 sf so the parking requirement is very low, on the order of 5 spaces. There is room to install a parking lot to the south of the structure if that was required but it may be sensible to leave parking on the north side. Staff has also raised the issue of the driveway width, but, if 35' of ROW is dedicated to the City the driveway width at lot line exceeds code so this issue goes away In summary, there are some significant issues of reliance and equity involved, as well as assignment of reasonable land use classification. If the zoning classification is changed to a standard district, the issues are minor, though the future expansion of the use may be constrained by the site's size. The issues caused by the front setback nonconformity are minor, if not inconsequential. We often simply overlook such trifling incursions. With respect to the accessory structure, Dublin only recently changed its standards and the city is heavily populated with accessory structures that are close to lot lines. In my view, the biggest practical issue is that rezoning the site to a planned district assigns it to a category different from the surrounding straight Restricted Industrial district. This inhibits combination with this surrounding land and such combination would seem to be the overriding long term goal of the city. The Hoges have a small and low impact office business. They have been operating at the site since 2000 without issues. It would seem to be a small thing, and the correct act, to assign this site to the same RI classification as the land which surrounds it. Please let me know your thoughts, this seems like one we should be able to work through Ve tr yours, 4.� C ' opher T. Cline Encl -3 cc: Dann Bird (w /o enclosure) Ann Wanner Kenneth Golonka, Esq. John Hoge and Amarilys Guernica -Hoge CITY OF DUBLIN_ Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 430161236 Phone: 614 410 4600 Pox: 614410 -4747 Web Site my.duhlinels.us PLANNING AND ZONING COMMISSION RECORD OF ACTION April 12, 2007 The Planning and Zoning Commission took the following action at this meeting: 2_ Area Rezoning Southwest Quadrant Rezoning (Area 1) Rezoning Case Number: 01 -110Z Request: To establish Dublin zoning on approximately 262 acres, south of SR 33 /US 161, west of 1 -270, north of the municipal boundary, and east of Avery Road retaining Washington Township zoning. Procedure: Review and approval of an ordinance to establish Dublin R -1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial zoning under he provisions of Code Section 153.004(D). Applicant: Jane S. Brautigam, Manager, City of Dublin. Affected Parcels: 273000175, 273000176, 273000297, 273000326, 273000328, 273001049, 273001584, 273001585, 273002144, 273004509, 273004514, 273004998, 273004999, 273004999, 273005000, 273005371, 273005377, 273005380, 273005386, 273005387, 273005388, 273005390, 273005394, 273005405, 273005406, 273005413, 273005414, 273005415, 273005417, 273005419, 273005420, 273005429, 273005457, 273005458, 273005463, 273005465, 273005584, 273005585, 273005586, 273005587, 273005588, 273005589, 273008237, 273008238, 273008239, 273010148, 274000015, 274000024, 274000099, 274000100, 274000103, 274000104, 274000105,'274000111, 274000118, 273000178, 273000179 ,273000331,273000343,273000351 273000352,273000353,273000353.2730003-14,273000355, 273000855, 273005720, 273005378, 273005389, 273005400, 273005389, 273005400 ,273005391,273005417,273005392, 273005407, 273005397 ,273005395,273005466,273005581, 274000096, 273005582, 274000158, 273008179, 274000102, 274000101, 274000119, 274000107, 274000120. Planning Contacts: Tammy J. Noble, Senior Planner, and Jamie Adkins, Planner 11. MOTION: To approve this Area Rezoning on the basis that this action provides proper Dublin zoning and the administration of applicable development standards. VOTE: 6-0. RESULT: This area rezoning will be forwarded to City Council with a positive recommendation. V a RTIFICA b oble Senior PI nner PLANNING REPORT PLANNING AND ZONING COMMISSION APRIL 12, 2007 CITY OF DUBLIN_ Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 430161136 Phone: 614 410 4600 Fax: 614- 4104747 Web Silo: mu duhlin.oh.us 2. Area Rezoning Southwest Quadrant Rezoning (Area 1) Rezoning Case Number: 01 -110Z Request: To establish Dublin zoning on approximately 262 acres, south of SR 33 /US 161, west of I -270, north of the municipal boundary, and east of Avery Road retaining Washington Township zoning. Procedure: Review and approval of an ordinance to establish Dublin R -1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial zoning under the provisions of Code Section 153.004(D). Applicant: Jane S. Brautigam, City Manager, City of Dublin. Affected Parcels: 273000175, 273000176, 273000297, 273000326, 273000328, 273001049, 273001584, 273001585, 273002144, 273004509, 273004514, 273004998, 273004999, 273004999, 273005000, 273005371, 273005377 ,273005380,273005386,273005387, 273005388, 273005390, 273005394, 273005405, 273005406, 273005413, 273005414, 273005415, 273005417, 273005419, 273005420, 273005429, 273005457, 273005458, 273005463, 273005465, 273005584, 273005585, 273005586, 273005587, 273005588, 273005589, 273008237, 273008238, 273008239, 273010148, 274000015, 274000024, 274000099, 274000100, 274000103, 274000104, 274000105, 274000111, 274000118, 273000178, 273000179, 273000331, 273000343, 273000351 273000352, 273000353 ,273000353,273000354,273000355, 273000855, 273005720, 273005378, 273005389, 273005400, 273005389, 273005400, 273005391, 273005417, 273005392, 273005407, 273005397, 273005395, 273005466, 273005581, 274000096, 273005582, 274000158, 273008179, 274000102, 274000101 ,274000119,274000107,274000120. Planning Contact: Tammy Noble, Senior Planner, and Jamie Adkins, Planner II. Dublin Planning and Zoning Commission Meeting Minutes —April 12, 2007 Page 8 of 15 consistent regulatory standards for all p ensures the preservation of property is the existing zoning on that parcel land. enacted il' 8, 2002, require at all Ian i I Rural Dct zoning to ensu that there is perties within the y. She said the process also by assigning t equivalent zoning orassification to Ms. Adkins Id Dublin's current Afinexation Policy, d annexe into the City auto tically receive a R, not a p lem in the future. 2. Area Rezoning Southwest Quadrant Rezoning (Area 1) 01 -110z Rezoning Ms. Adkins presented a map indicating the proposed zoning of this area. She said these property owners were sent a letter explaining the process of this rezoning and the history that has occurred on these properties; encouraging that they contact Planning for questions. She said several phone calls had been received, and only one property owner had an issue in this area. Chris Cline, attorney, said he represented Dublin residents John and Mary Hoge who own and operate Master Maintenance, 6200 Wilcox Road. He said it is a 0.45 -acre site, south of Shier - Rings Road, east of Wilcox Road. Mr. Cline said the site did not meet the minimum area or frontage requirements of Dublin's R -1 District which is being proposed. He said a rezoning to R -1 or R -2 would create a non - conforming use and an unusable property. He said they feel the rezoning to R -1 simply is not appropriate. He said a lot had changed since the land was annexed into Dublin. Mr. Cline said all the land north of Innovation Drive and east of Wilcox Road, except two small parcels shown on the map has been rezoned to Restricted Industrial District; therefore this small parcel is totally surrounded by Restricted Industrial. He said the 1997 Community Plan Future Land Use Map shows this site as Limited Industrial, and the drafted Future Land Use Plan shows it as Research and Development. Mr. Cline said there is no residential potential for this property. Mr. Cline said when the Hoges investigated this property in 2000, Planning had advised them that the site was in the Dublin Restricted Industrial District, and that caused the Hoges to purchase this property. He said it was not discovered until later that this site still retained Township zoning in the R -1 area. He said they feel that the appropriate and reasonable zoning category for this site is RI, Restricted Industrial, and they requested that the Commission make that recommendation to City Council. Mr. Walter asked why Planning proposed R -1 for the two parcels instead of RI categories. Ms. Adkins said the original purpose of these area rezonings was to find the most similar Dublin category for the current Township category, so it has not been the policy to establish a zoning category based on intended future use. She said if it is R -113, in the Township (30,000 square - feet per acre), it does not meet the current zoning, but Planning found that R -1 would be most appropriate, and that is the policy that has been consistently applied across the City. Mr. Gerber reiterated that the Commission will make recommendations to City Council and those interested parties will have a chance later to deliberate when City Council considers them. Motion and Vote: Mr. Zimmerman made a motion to approve this Area Rezoning on the basis that this action provides proper Dublin zoning and the administration of applicable development standards. Mr. Gerber seconded. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Mr. Saneholtz, yes; Ms. Amorose Groomes, yes; Mr. Gerber, yes; and Mr. Zimmerman, yes. (Approved 6 — 0.) Dublin Planning and Zoning Commission Planning Report — March 15, 2007 Case No. O1 -1 I OZ Page 2 of 3 BACKGROUND: On the advice of Dublin's Law Director, Planning has systematically researched Dublin zoning activity on all parcels annexed into Dublin. Through this investigation, Planning has found several areas where zoning was not formally established as required by law. Land Use and Long Range Planning is responsible for compiling and processing "area rezoning" applications to formally establish Dublin zoning wherever there is any question about the zoning history. The first major area rezoning was undertaken in 2001, and it covered the Northeast Quadrant of Dublin. Additional rezonings have been introduced since that time, however, in early 2004 this process was discontinued based on reprioritization of projects and associated staff time. The sites in this case were annexed between 1965 and 1990; there is no history of a formal rezoning ordinance for these areas since that time. This rezoning will establish comparable Dublin zoning and is a records maintenance issue with no immediate impact or effect on existing uses. A 1976 ordinance requires adherence to Dublin standards, wherever they are stricter, following annexation. Therefore, Dublin's development standards will apply if this rezoning is not adopted. However, the failure to formally establish Dublin zoning on the property will make administration and enforcement difficult. Case Summary: This is a request for review and approval of a rezoning to Dublin R -1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial zoning districts. All legally non- conforming uses and structures will be subject to the requirements of Section 153.004(C) of the Dublin Zoning Code. Planning recommends approval of this rezoning. Site Description: The properties listed in this application were annexed from Washington Township and/or Franklin County between 1965 and 1990. The area is comprised of 89 parcels, totaling approximately 262 acres. The existing zoning is Washington Township R -113, Restricted Suburban Residential District, RI, Restricted Industrial District, and LI, Limited Industrial District. The parcels are located south of Dublin - Granville Road, west of the Scioto River, north of Rings Road, and east of Frantz Road. This application includes residential homes and City parkland. Parcels range in size from approximately one -half to 21 acres. The proposed zoning classifications selected are generally equivalent to the existing Township zoning classifications for the area. Proposed Rezoning: No development is proposed as part of this application, and it has no effect on utilities. Currently, municipal water and sanitary services are available to some of these properties. The zoning change does not affect utility status. In addition, new development anywhere in Dublin, including on these parcels, must comply with adopted stormwater management regulations and other development standards for the City of Dublin. Planning mailed an informational letter to the property owners on March 16, 2007 with an update of the process and proposed zoning change (See attachment). Dublin Planning and Zoning Commission Planning Report — March 15, 2007 Case No. 01 -110"2 Page 3 of 3 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 City Council passage. If the ordinance is approved, it will take effect in 30 days. SECTION II - REVIEW STANDARDS: The objective of this rezoning process is to establish Dublin zoning classifications on all properties that either retain Washington Township zoning classifications, or do not have sufficient documentation to demonstrate Dublin zoning. This process provides consistent regulatory standards for all properties within the City of Dublin and ensures the preservation of private property rights by assigning equivalent zoning classifications to the existing zoning on each parcel of land. The Future Land Use Map (Map 8) of the Community Plan, amended by City Council in 2005 designates the existing land use of these sites as "Residential," "Non- Residential," and "Public Park" and the future land uses as "Retail," "Mixed Use - Employment Emphasis," and "Office." SECTION III - RECOMMENDATION: Planning research indicates these properties were not placed in a Dublin zoning classification by passage of a formal rezoning ordinance. This rezoning will provide an appropriate Dublin zoning classification for land within the city limits to provide for the effective administration of development standards, and avoid any future Code Enforcement issues arising from township or county classifications and inconsistencies with the Dublin Zoning Map. The rezoning will maintain the established development pattern that has been in place for many years and reflects land uses consistent with those listed in the Community Plan. Planning recommends approval of this rezoning on the basis that this action provides proper Dublin zoning and is primarily a housekeeping effort. " City of Dublin Land Use and Long Range Planning 01 -110Z Area Rezoning Southwest Quadrant (Area Rezoning 0.125 0.25 N CITY OF DUBLIN_ Dlrisioo of Plowing 5800 Shierlinp Read Dubbn, Ohio 430161236 Phone/111D: 614410 -4600 Fox - 614 -410 -4747 Web Site: www.dubhn.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION FEBRUARY 19, 2004 The Planning and Zoning Commission took the following action at this meeting: 1. Rezoning 01 -110Z - Southwest Quadrant Rezoning (Area 1) Location: Approximately 85 parcels comprising an area of approximately 264 acres, as annexed from Washington Township prior to 1990, bounded on the north by Columbus - Marysville Road (SR 33/US 161), to the east by I -270, to the south by the corporate boundary line, and to the west by Avery Road. Existing Zoning: R -113, Limited Suburban Residential, RI, Restricted Industrial, LI, Limited Industrial, and NC, Neighborhood Commercial Districts (All Washington Township Categories). Request: Review and approval of an ordinance to establish Dublin R, Rural R -1, Restricted Suburban Residential, RI, Restricted Industrial, LI, Limited Industrial and NC, Neighborhood Commercial Districts zoning under the provisions of Section 153.004(D). Property Owners: All addresses are located within Dublin Ohio 43016 or 43017 unless otherwise noted. Guy Investment Co Ltd, 5810 Shier -Rings Rd; John Sanders, 5820 Shier -Rings Rd; Diocesan Publications, 6161 Wilcox Road; Consolidated Biomedical Laboratories Inc (Labcorp), 6380 Wilcox Rd; Ohio State University Bd Of Trs, 6370 Wilcox Rd; Ballantyne Family LP, 5750 Shier -Rings Rd; Roche Biomedical Laboratories Inc., 6380 Wilcox Rd; Bates Property Management Ltd Afdt, 5500 Stanley Steamer Pkwy; Medex Inc., 6252 Avery Rd.; City Of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway; Washington Township Bd Of Trustees, 6255 Shier -Rings Rd; John & Betty Scheuerman, 6190 Wilcox Rd; John Hoge & Amarilys Guemica -Hoge, 6200 Wilcox Rd; Washington Township Bd. of Trustees, 6279 Shier -Rings Rd; Kinetics Properties LLP, 6300 Irelan Place Po Box 655; Ignatius & Margaret Dostal, 6363 Wilcox Rd; Donald Rose, 195 Stonefence Lane, Mary Benson, 6275 Wilcox Rd Mark Wise, 6301 Wilcox Rd; Joseph Achtner, 6345 Wilcox Rd; St Johns Lutheran Church, 6135 Rings Road, Dublin, Ohio; Washington Township Bd Of Trustees, 6279 Shier -Rings Rd; James Connolly & Donald Delewese, 6100 Avery Rd; Lenhart & Frauenberg c/o Danielle Overmeyer, 5720 Avery Road; State Of Ohio, 6317 Irelan PI; Alice Young, 6324 Irelan PI; Fann & Power Equipment Retailers, 6124 Avery Rd; Ohio Seed Improvement Association, 6150 Avery Rd, Dolan Investments 11, 6145 Scherers PI, Kinetics Properties L P, 6300 Irelan Place P.O. Box 655; Timothy Mansberry, 5781 Wilcox Rd; Scott & Cheryl Shafer, 5867 Wilcox Rd; Roger & Joyce Cramer, 5700 Page 1 of 01 -1102 Area Rezoning Southwest Quadrant - Area 1 PLANNING AND ZONING COMMISSION RECORD OF ACTION FEBRUARY 19, 2004 1. Rezoning 01 -110Z - Southwest Quadrant Rezoning (Area 1) (Continued) Wilcox Rd; Faith Evangelical Free Church Of Central Ohio, 5756 Wilcox Rd; John & Norma Mock, 5732 Wilcox Rd; Steven Martin, 5685 Rings Rd; David & Marlene Simmerman, 5695 Rings Rd; Luther Shrader, 5750 Avery Rd; Charles & Lisa Adams, 5781 Wilcox Rd; Dennis Hoffer, 5704 Avery Rd; Vineyard Christian Fellowship at Tuttle Crossing, 5400 Avery Rd; Ilija & Danise Karanfilov, 5378 Avery Rd; Thomas Sr. & Susan Watkins, 5488 Old Wilcox Rd; Duane & Judy Corbett, 5539 Tuttle Rd; Russell & Carol Duemmel, 5529 Tuttle Rd; Thomas Mcdowell, 5742 Dublin Road; Donald & Dianne Lowery, 5625 Tuttle Rd; George & Ruth Sherman Co -Trs, 5609 Tuttle Rd; David & Robert & Jane Eickholt, P.O. Box 21142 Columbus, Ohio; Donald & Dianne Lowery, 5625 Tuttle Crossing Blvd; Judy & Duane Corbett, 5539 Tuttle Crossing Blvd; Diedre Bainbridge, 5374 Old Wilcox Rd; Katherine Tatterson, 5472 Old Wilcox Rd; Charles & Mary Holliday, 5450 Old Wilcox Rd; Samuel & Susan Stille, 5590 Tuttle Rd. Applicant: City of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway, Dublin, Ohio 43017. Staff Contact: Anne Wanner, Senior Planner. MOTION: To approve this area rezoning because it will provide an appropriate Dublin zoning classification for land within the City limits to provide for the effective administration of development standards, procedures, etc., it will maintain the established development pattern that has been in place for many years, and it reflects land uses consistent with those listed in the Community Plan. VOTE: 5 -0. RESULT: This area rezoning was approved. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION Frank A. Ciarochi Acting Planning Director Page 2 of 2 01 -1102 Area Rezoning Southwest Quadrant - Area 1 Dublin Planning and Zoning Commission Minutes — February 19, 2004 Page 2 1. Rezoning 01-110Z— Southwest Quadrant Rezoning (Areal) Anne Wanner said during the first reading of this case in April 2002, City Council directed staff to hold a property owner informational meeting. Since that date, staff has held meetings in a property owner's home, at the recreational center, and for the industrial property owners at the Washington Township Fire Department Administration Building. She said based on Wilcox Road and Rings Road homeowner input, staff began the process of a PUD, Planned Unit Development district rezoning. On February 2, 2004, City Council suggested that the PUD property owners be separated from this application. This application tonight does not include the PUD property owners. They will have a separate application that will be brought to the Commission at another time. Ms. Wanner showed a aerial slide of the site bounded by SR 161 on the north, Avery Road on the west, the Corporate Boundary Line on the south, and I -270 on the east side. She said there were three groupings of properties, mostly divided by residential developments, Heather Glen, Sandy Corners, Trinity Park. There are 84 parcels included in this rezoning which amounts to approximately 274 acres. All of the properties were annexed between 1965 and 1990. The majority were annexed in 1990. Many of these zonings have shown up on Dublin's historical zoning maps for a number of years. There are RI, Restricted Industrial Districts along the north. A small property is proposed for the LI, Limited Industrial District. The St. John's Lutheran Cemetery is proposed for R, Rural District. The R -1, Restricted Suburban Residential District is proposed for properties through Woemer - Temple (including the Woemer- Temple Park). She said the property owners of the Avery Road Farm Market (5378 Avery Road) provided evidence that they were zoned Neighborhood Commercial just prior to being annexed into Dublin. Therefore, their zoning district will be designated as Neighborhood Commercial. Buildings in this rezoning along Shier - Rings Road are Medex, Stanley Steemer, and some businesses along Ireland Place. She said 5704 Avery Road was proposed Restricted Industrial. The south side of Tuttle Road single - family homes on it proposed for the R -1 District. Ms. Wanner said as in all area rezonings, staff considers this as a house keeping item and recommends approval of this area rezoning. Mr. Gerber reminded the Commissioners that they are to consider this case and make recommendations to City Council who will take final action. The purpose of this case is to reaffirm the zoning classification on the properties that were in control by Washington Township zoning prior to being annexed into the City. It is not appropriate to consider rezoning these properties at this time to zoning classifications that may be consistent with the Future Land Use Map. Mr. Zimmerman made a motion to approve this area rezoning because it will provide an appropriate Dublin zoning classification for land within the City limits to provide for the effective administration of development standards, procedures, etc., it will maintain the established development pattern that has been in place for many years, and it reflects land uses consistent with those listed in the Community Plan. Mr. Gerber seconded the motion, and the vote was as follows: Ms. Boring, yes; Mr. Sprague, yes; Mr. Messineo, yes; Mr. Gerber, yes; and Mr. Zimmerman, yes. (Approved 5 -0.) Mr. Gerber thanked Ms. NV— n— fir an her hard work on this application. 01 -1102 Area Rezoning Southwest Quadrant - Area 1 RECORD OF PROCEEDINGS Meeting Minutes of Dublin City Council Page 7 April 8, 2002 INTRODUCTION & 1' ttaa r ncr.,....� - --�-• -• .. -- - - Ordinance 47 -02 - An Ordinance to Establish Dublin Zoning for Approximately 99 Parcels Comprising Approximately 302 Acres, as Annexed from Unincorporated Washington Township Prior to 1990, Rounded on the North By U.S. /SR 161, to the East by 1 -270, to the South by the Dublin Corporate Boundary Line, and to the West by Avery Road, as: R, Rural District; R -1, Restricted Suburban Residential District; RI, Restricted Industrial District; and /or Ll, Limited Industrial District In Accordance with the Attached Map; (Case No. 01-1101 - Southwest Quadrant Township Rezoning) Ms. Salay introduced the ordinance. Mayor McCash stated that Mr. Yoder had requested an opportUrry to offer public comment on this issue tonight. However, Council will refer this legislation to the Planning Commission for review, and Mayor McCash advised Mr. Yoder that most of his concerns would be more appropriately addressed at the Planning Commission's hearing. One concern, however, voiced by Mr. Yoder was his inability to arrange a meeting with City staff to address some of the issues prior to introduction oCthe ordinance. lie noted that an April 8'" memo from Ms. tonight's meeting materials- his not likely, however, that Clarke on this issue was included in Mr. Yoder has received a copy. Ms. Grigsby said that this discussion occurred only today in response to issues Mr. Yoder raised in his letter. Mayor Mccash noted that he and Ms. Grigsby spoke on Friday regarding this issue. At that time, he asked for a comparison between the township zoning districts and Dublin's. Mayor McCash suggested that staff meet with the affected residents prior to the Planning Commission hearing. Mr. Smith responded that the Law Department sent notification to the property owners explaining the City's action, and providing the Law Director's and Planning g Director's oxhnat a pproximately on numbers. This is the second phase of the rezoning. Last year, PP residents in the northeast quadrant whose properties were rezoned in a similar action; three or four residents had issues, which were addressed on an individual basis. This time, there are 99 affected residents. If a pre -P&Z meeting is suggested by Council, that can be arranged. Mr. Smith will coordinate the effort with the Planning Division. A postcard can be sent to the property owners inviting them to attend the meeting. Mayor MCCaSh moved to refer the ordinance to the Planning and Zoning Commission, Mr. Lecklider seconded the motion. Vote on the motion Ms. Clunnici- Zuercher, yes; Mayor McCash, yes; Mc Kranstuber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mrs. [coring, yes; Ms. Salay, yes. B ill Yoder. 566 Wilcox Road stated that last week, he and his neighbors received a letter notifying them that the legislation would be submitted to City Council tonight for rezoning of lath properties. They all have concems and questions, including why this action is necessary, who is requesting the change, and wiry the current zoning rules cannot remain in place as they have for over twelve years problems can be resolved by discussions between the Parties Why not rezone the industrial commercial areas first, and take the appropriate time to I'I work with the residents on the rezoning of residential properties? It appears that the solution is being given before the residents have had a chance to consider the questions. Staff has �I indicated that these are not actual rerzonings but parallel reclassifications and that impacts will ii be minor. But for his property, the new zoning will reduce the development potential by one- ; third, eliminate the current agncultuml use, render the 520,000 barn useless, and reduce the resale value of the property as a whole. The proposed rezoning will allow a host of negative land uses on the property next to his rezoned, one -acre minimum lot, causing enormous devaluation of his property. The residents have been given only one week's notice of this rezoning action which will impact property values and the residents' quality of life Heard his neighbors request that this issue be reconsidered. With r esidents /owners/staffworking together, it is possible to develop an ordinance that addresses the issues and gains the support ofallparies- r Mayor McCash responded that staff will schedule a mee with the residents. It may be possible for the Planning Commission to separate the residential from the industrial, as lie has j suggested- 01 -110% Area Rezoning Southwest Quadrant - Area RECORD OF PROCEEDINGS Dublin City Council Page 8 Meeting Minutes of -- April 8, 19.-- Held_ Ms. Salay asked if it would require Council direction for the Commission to do so? Mr. Smith responded that the Planning Commission could send back a recommendation that they be separately addressed He would like the opportunity to discuss the issue with staff, then forward a response to Council before the next meeting. Ms. Salay requested that a copy of Ms. Clarke's April 8' memo to Mr. Ciarochi be provided to Mr. Yoder. Mayor McCash asked whether a formal response from staff to Mr. Yoder's letter would be forthcoming. Mr. Ciarochi responded that could be done. Grief discussion followed. 1 1 Ms. Salay stated that she was one of the members of the Planning Commission who suggested i that the City move forward on rezoning the annexed land from the township, but her focus was on the industrial properties, not the residential. ! Mayor McCash suggested that there may be some changes needed in the residential section of 1I the UDC that would render a property under the City's R -I zoning essentially the same as I . under the township zoning. Mayor McCash suggested that staff compile a list of items of this nature that should be �I in the UDC process. He asked that Council be copied on Ms. Clarke's response to addressed II Mr. Yoder. i .1 A second reading/public hearing of this legislation will be scheduled upon receipt of �i recommendation from Planning & Zoning Couumsswn. 7�Ordinance 8 -02 — An Ordinal e Accepting the A exa of 60.4 +! Acres Cron der rte Township, Uni County [o the Ci o£ Dublin. /gsby tstuber introduced t ordinance. stated that t property is located outh of Mitchell wilt and west of -Croy Roads. 1 s the first propciYy ithin the negotiat service area to for annexati n to the City. Then ore, the City was ligated to obtain the consent of the Ci oC Columbus lose e the area. Inclu din Council's pae is is a copy of the y of Columbus res lion which provi s their consent. T second issu egarding this nnexation, prop y is the fact that i abuts property ow d by the Metro P s. The Metro Park nas not taken a fo nal position on the but be eve that the concep Ian as currently p posed would coin ement the Me o Park area. Mr. Rciner inquire about the concept an for the 60 acre. Ms. Clarke n d that the amncxa on petition is brou , t forward by a dev oiler, Jerry Solov . His proposal is breakup the parce nto a series of pri arily instituti al parcels for a cl rch and school. Th e is a small retail mponent. lie is aw e that the plan wil lave to go through e Dublin review ocess and that thl Ian does not con nn to the Commun Plan. Mr. Lecklider sta d that, in view of t e anticipated pass e o f Ordinance 52 -02, later on the ag da, he would like arificalion of the ning category Cor s thi ce upon annex on. . Snit esporided that it oold be categorize n a holding zone of R ura . Mr. Le lider affirmed ill the City will have iscretion regarding its ut Mr ate zon g category. T cre will be a seco reading /public h mg at the April 22 Co cil meeting. PROPOSED ZONING § 153.020 R -1, RESTRICTED SUBURBAN RESIDENTIAL 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. (b) One principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For a one - family dwelling there shall be a lot width of 150 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 25 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 25 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 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 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. 01 -1102 Area Rezoning Southwest Quadrant - Area 1 PROPOSED ZONING 153.032 LI, LIMITED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Limited Industrial District: (1) Redistricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the Limited Industrial District. (2) Manufacturing. 2013 Sausages and other prepared meat products 202 Dairy products 204 Grain mill products 208 Beverage industries 221 Broad woven fabric mills, cotton 222 Broad woven fabric mills, man -made fiber and silk 223 Broad woven fabric mills, wool: including dyeing and finishing 224 Narrow fabrics and other small wares mills: cotton, wool, silk, and man -made fiber 225 Knitting mills 226 Dyeing and finishing textiles, except wool fabrics and knit goods 227 Floor covering mills 228 Yam and thread mills 229 Miscellaneous textile goods 251 Household furniture 252 Office furniture 253 Public building and related furniture 254 Partitions, shelving, lockers and office and store fixtures 259 Miscellaneous furniture and fixtures 264 Converted paper and paperboard products, except containers and boxes 265 Paperboard containers and boxes 313 Boot and shoe cut stock and findings 319 Leather goods not elsewhere classified 336 Nonferrous foundries 3444 Sheet metal work 3591 Machine shops, jobbing and repair 363 Household appliances 364 Electric lighting and wiring equipment 369 Miscellaneous electrical machinery, equipment and supplies 393 Musical instruments and parts 394 Toys, amusements, sporting and athletic goods 395 Pens, pencils and other office and artists' materials 396 Costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal 398 Miscellaneous manufacturing industries 399 Manufacturing industries not elsewhere classified (3) Warehousing, wholesaling and transportation services. 401 Railroads 402 Sleeping car and other passenger car service 404 Railway express service 421 "Ducking, local and long distance 01 -lion Area Rezoning Southwest Quadrant - Area 1 422 Public warehousing 423 Terminal and joint terminal maintenance facilities for motor freight transportation 471 Freight forwarding 472 Arrangement of transportation 474 Rental of railroad cars 478 Miscellaneous services incidental to transportation 501 Motor vehicles and automotive equipment 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and related products 505 Farm products - raw materials 506 Electrical goods 507 Hardware, and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 509 Miscellaneous wholesalers (except scrap and waste materials) (4) Service industries_ 151 General building contractors 161 Highway and street construction, except elevated highways 162 Heavy construction, except highway and street construction 171 Plumbing, heating and air conditioning 172 Painting, paper hanging, and decorating 173 Electrical work 174 Masonry, stonework, tile setting and plastering 175 Carpentry and wood flooring 176 Roofing and sheet metal work 177 Concrete work 178 Water well drilling 179 Miscellaneous special trade contractors. (B) Conditional use. The following uses shall be allowed in the Limited Industrial District, subject to approval in accordance with § 153.236. (1) General Industrial District. Any permitted use of the General Industrial District developed in accordance with the development standards of this district. (2) Commercial establishments. Commercial establishments normally associated with and intended to serve the industrial establishments or their employees. 581 Eating and drinking places 602 Commercial and stock savings banks 612 Savings and loan associations 614 Personal credit institutions 615 Business credit institutions 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 807 Medical and allied services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. (4) Personal and consumer services. Personal services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments or their employees. 01 -110Z Area Rezoning Southwest Quadrant - Area 1 (a) Personal. 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 727 Pressing, alterations 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 736 Private employment agencies 739 Business services not elsewhere classified (except research, development and testing laboratories (see § 153.026(B)(3)(a)) (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 Limited Industrial District. (1) Intensity of Use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose its primary operation within a structure. Open storage and service areas and loading docks shall be screened by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (b) Permitted uses of this district may be developed in accordance with the development standards of § 153.031. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open storage, service and loading areas, the required side yards shall be not less than one -third the sum of the height and depth of the structure, but shall not be less than 50 feet from any residential zoning district as listed in § 153.016, except in accordance with the development standards of § 153.031. (4) Rear yards. For main and accessory structures including open storage, service and loading areas, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but shall not be less than 50 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of § 153.031. ('80 Code, §§ 1171.01 - 1171.03) (Ord. 21 -70, passed 7- 13 -70) Penahy. see S 153.99 01 -110Z Area Rezoning Southwest Quadrant - Area 1 PROPOSED ZONING 153.031 RI, RESTRICTED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Restricted Industrial District: (1) Manufacturing. 204 Canning and preserving fruits, vegetables and sea foods (except canned and cured sea foods and fresh or frozen packaged fish) 205 Bakery products 2071 Candy and other confectionery products 231 Men's, youths' and boys' suits, coats and overcoats 232 Men's, youths' and boys' furnishings, work clothing and allied garments 233 Women's, misses' and juniors' outerwear 234 Women's, misses', children's and infants' undergarments 235 Hats, caps and millinery 236 Girl's, children's and infants' outerwear 237 Fur goods 238 Miscellaneous apparel and accessories 239 Miscellaneous fabricated textile products. 271 Newspapers: publishing, publishing and printing 272 Periodicals: publishing, publishing and printing 273 Books 274 Miscellaneous publishin 275 Commercial printing 276 Manifold business forms manufacturing 277 Greeting card manufacturing 278 Bookbinding and related industries 279 Service industries for the printing trade 283 Drugs 314 Footwear, except rubber 315 Leather gloves and mittens 316 Luggage 317 Handbags and other personal leather goods 323 Glass products, made of purchased glass 366 Communication equipment 367 Electronic components and accessories 381 Engineering, laboratory and scientific and research instruments and associated equipment 382 Instruments for measuring, controlling and indicating physical characteristics 383 Optical instruments and lenses 384 Surgical, medical and dental instruments and supplies 385 Ophthalmic goods 386 Photographic equipment and supplies 387 Watches, clocks, clockwork operated devices and parts 391 Jewelry, silverware and plated ware (2) Wholesaling. 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and - related products 506 Electrical goods 01 -110Z Area Rezoning Southwest Quadrant - Area I 507 Hardware and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 5094 Tobacco and its products 5095 Beer, wine and distilled alcoholic beverages 5096 Paper and its products 5097 Furniture and home furnishings (B) Conditional use. The following uses shalt be allowed in the Restricted Industrial District, subject to approval in accordance with § 153.236. (1) Laboratories. 7391 Research, development and testing laboratories (2) Other industry. Permitted uses of the Limited Industrial District developed in accordance with the provisions of this district. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions developed in accordance with the provisions of this district. (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 Restricted Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall operate entirely within an enclosed structure, emitting no dust, smoke, noxious odor or fumes outside this structure, and producing a noise level audible at the property line no greater than the average noise level occurring on any adjacent street. (b) Open service areas and loading docks shall be screened by walls or fences at least six feet but not more than eight feet in height. 'These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (2) Lot width. All lots shall abut a public street and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open service and loading areas, the required side yards shall not be less than one -third the sum of the height and depth of the structure, but in no case shall be less than 15 feet from the interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. (4) Rear yards. For main and accessory structures, the required rear yards shall be not less than one -third the sum of the height and width of the structure, but in no case shall be less than 15 feet from any interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. ('80 Code, §§ 1169.01 - 1169.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 147 -97, passed 12- 15 -97; Am. Ord. 133 -98, passed 1 -5 -99) Penalty see 153_999 O1 -110Z Area Rezoning Southwest Quadrant - Area 1 EXAMPLE LETTER March 16, 2007 Property Owner Mailing Address City, State, Zip Re: Parcel Number (s) CITY OF DU131.M. Land Use and Dear Property Owner: Long Range Planning 5800 Shier -Rings Rood In 2001 and 2002, the City of Dublin conducted an inventory of annexed land located within Dublin, Ohio 43016 -1236 the City limits. During this inventory, it was discovered that your property(s) was not Phone: 614 410 4600 assigned a proper Dublin zoning classification after it was annexed. Although most other Pox: Site: 0 Web Site: www.dublin.Ahl oh.us p roperties were rezoned to Dublin classifications since their original annexation, it is important that all properties in Dublin have a Dublin zoning classification. The City of Dublin consequently began the process to establish a Dublin zoning classification for many properties throughout the City. This rezoning will ensure consistent administration within the City to protect the health, safety, and welfare of its citizens. In 2003, the City initiated the process of assigning Dublin zoning on your property(s) and others in the area to the most equivalent zoning classification. It is proposed that this property be placed in the Dublin R -1, Restricted Suburban Residential District. The Dublin zoning classifications are similar in nature to the land uses and development patterns that exist today. The Dublin R -1, Restricted Suburban Residential District regulations are attached for reference. An informational meeting was held to address questions related to the rezoning process and proposed zoning classification. The rezoning proceeded to one reading before Council, as well as Planning and Zoning Commission. However, the final step of a second hearing by City Council was not completed and therefore, the rezoning process was not finalized. The City of Dublin is resuming this administrative process and is proposing the rezoning will be reheard by Planning and Zoning Commission on April 12, 2007. Following that, the rezoning will be sent 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 the City welcomes all inquiries. Tammy Noble and Jamie Adkins are the staff planners assigned to this case. Please call 410 -4600, or e -mail at tnoble @dublin.oh.us or jadkins @dublin.oh.us if you have further questions or clarifications. We value your input in this process. Please contact us at your convenience. Very truly yours, .54W Z 1W� Steve Langworthy, Director of Land Use and Long Range Planning Division City of Dublin Attachments 01-1 10Z Area Rezoning Southwest Quadrant - Area 1