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83-01 Ordinance
RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 Ordinance No .............83-01....... Passed .................................................................., AN ORDINANCE AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 102-00, WHICH PROVIDES FOR A CHANGE IN ZONING FOR 17.32 ACRES ON THE NORTH SIDE OF POST ROAD, BOUNDED ON THE WEST BY I-270, AND TO THE NORTH AND EAST BY THE SOUTH FORK OF THE INDIAN RUN, AND THE SOUTH BY POST ROAD, FROM: CC, COMMUNITY COMMERCIAL DISTRICT AND LI, LIMITED INDUSTRIAL DISTRICT, TO: SO, SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT (CASE NO, 00-075 ADM -COUNCIL INITIATED POST ROAD REZONING), AND DECLARING AN EMERGENCY WHEREAS, Dublin City Council enacted Ordinance 102-00 on the 16t'' day of October, 2000, implementing a zoning change from CC, Community Commercial and LI, Limited Industrial District to SO, Suburban Office and Institutional District; and WHEREAS, the aforementioned ordinance, a copy of which is attached hereto and incorporated herein, described the area to be rezoned generally as those 17.32 acres on the north side of Post Road, bounded on the west by I-270, and to the north and east by the south fork of the Indian Run, and the south by Post Road; and WHEREAS, the effective date of Ordinance No. 102-00 was set as January 16, 2001; and WHEREAS, since Ordinance No. 102-00 was passed, certain issues have arisen regarding the rezoning of the properties generally described above; and WHEREAS, in order to fully address these issues, City Council delayed the effective date of Ordinance No. 102-00 to July 16, 2001; and WHEREAS, these issues are not fully resolved to the satisfaction of City Council; and WHEREAS, for all the reasons set forth above, Council finds it necessary to postpone the effective date of Ordinance No. 102-00 for an additional ninety (90) days to enable the City staff to fully examine all issues surrounding the rezoning of the above-referenced property. NOW, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The effective date of Ordinance No. 102-00 is hereby amended to October 15, 2001. Section 2. This Ordinance is declared to be an emergency for the immediate preservation of the public health, safety and welfare and hereby takes effect upon passage. -, 7"j ay of a ,._; ~ ~ , 2001. =Presiding Officer ATTEST: i , Clerk of Council I hereby ce*tify that copies of this OrdnancelReseiution were posted City of Dublin in accordance w~tk Section 731.25 at the tNtio Revised. Q.nn~ Cle of Council. Dublin. Dhic- the RECORD OF ORDINANCES Ordinance No ...........................I2.-0.1....................... Passed .................................................................., ....................... AN ORDINANCE AMENDING THE EFFECTIVE DATE OF ORDINANCE NO. 102-00, WHICH PROVIDES FOR A CHANGE IN ZONING FOR 17.32 ACRES ON THE NORTH SIDE OF POST ROAD, BOUNDED ON THE WEST BY I-270, AND TO THE NORTH AND EAST BY THE SOUTH FORK OF THE INDIAN RUN, AND THE SOUTH BY POST ROAD, FROM: CC, COMMUNITY COMMERCIAL DISTRICT AND LI, LIMITED INDUSTRIAL DISTRICT, TO: SO, SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT (CASE NO, 00-075 ADM - COUNCIL INITIATED POST ROAD REZONING), AND DECLARING AN EMERGENCY WHEREAS, Dublin City Council enacted Ordinance 102-00 on the 16"' day of October, 2000, implementing a zoning change from CC, Community Commercial and LI, Limited Industrial District to SO, Suburban Office and Institutional District; and WHEREAS, the aforementioned ordinance, a copy of which is attached hereto and incorporated herein, described the area to be rezoned generally as those 17.32 acres on the north side of Post Road, bounded on the west by I-270, and to the north and east by the south fork of the Indian Run, and the south by Post Road; and WHEREAS, the effective date of Ordinance No. 102-00 was set as January 16, 2001; and WHEREAS, since Ordinance No. 102-00 was passed, certain issues have arisen regarding the rezoning of the properties generally described above; and WHEREAS, in order to fully address these issues, City Council believes it is necessary to delay the effective date of Ordinance No. 102-00; and WHEREAS, for all the reasons set forth above, Council finds it necessary to postpone the effective date of Ordinance No. 102-00 for six (6) months to enable the City staff to fully examine all issues surrounding the rezoning of the above- referenced property. NOW, THERFsFORE, BE IT ORDAINED by Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. The effective date of Ordinance No. 102-00 is hereby amended to July 16, 2001. Section 2. This Ordinance is declared to be an emergency for the immediate preservation of the public health, safety and welfare and hereby takes effect upon passage. Passed this day o ~ Y O1. ~- ~ r -Presiding Officer ATTEST: ~ I ~'1srPl~V rn~, f'/ P'"~!;~ C' ~)inS Gf ! ~ ~ ri 3~t~E?rn;t±~°S ? .a'QS1 WJQT$ lIQ ~/l./r,G a ~~s~-F~~~ City of 7 +;I;n in a~cordnn~e +rr r' ;:>c!'on 73i 2S t ,;e ~';in ~EUi Clerk of Council _ ~ ~~ ~;;~IC~t^sk of tQUncil, (t~!(~lih, ~}ti in the tQU*e. RECORD OF ORDINANCES ata~x Ordinance No....102-00..(Amended)._ Passed ... _.... ....._ ................ _......, ._- __.. V4'.1R AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR 17.32 ACRES ON THE NORTH SIDE OF POST ROAD, BOUNDED ON THE WEST BY I-270, AND TO THE NORTH AND EAST BY THE SOUTH FORK OF THE INDIAN RUN, AND THE SOUTH BY POST ROAD, FROM: CC, COMMUNITY COMMERCIAL DISTRICT AND LI, LIMITED INDUSTRIAL DISRICT, TO: SO, SUBURBAN OFFICE AND INSTITUTIONAL DISTRICT. (CASE NO. 00-075ADM -COUNCIL INITIATED POST ROAD REZONING) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the following described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned SO, Suburban Office and Institutional District, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. . Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect on January 16. 2001, in accordance with Council action on November 6, 2000. day of ~~~. , 2000. =Presiding Officer Attest: Clerk of Council Sponsor: Planning Division ~ - r\ f. ~~_ 1 1 1~ ~ r. ~ •- ' ~_~- 1 C G 1 N ~' N G 1 1 G N ~~ 1 1 1 1 1 rn rn ' r r D ~ Maps and databases were supplied by the Franklin Co. Auditor's Office. Neither C.A.R.D. nor MetoMAP is responsible or liable icr the mops cr dctcboses. „ny inquiries should be directed to the Franklin Co. Auditor's Office (614)462-7272. - - r-- ~ ,~ r", ~ '`,J ~~r D 1 r^; U ~ ~~ ~ ~ ~' ^ /1 ~ c ~ D 1 m ~ `~ O ~' ~ ' r o ' ~ ( - ~,~1 .71 ~1 G G ~ G rn p. O O ~. C.; ro n; ro r_ rn ., ~. i_ 1 ti ~"~ `-~ - r ~4- 'L~I 1 1 1 1 /~ \/M1, `/may, \/^' _-__'-' R, rn rn rn ----. ~ .- r r r r ~' ' - ~ rya=oooo 4 v m T ~ ~ -- ----- . I i~_ `_ 1 ,_ N P - G ~\ ` I G ~ ~ ~ J A ~- D O O IJ lT 4 0 105 211 316 I ~ Scale in Feet 421 10 55 MAR 17, 2000 < ~~~r ~ 1 _ ~I.I~ L 9i '->~~y ~l- O o~ /o 0 ~~ 0 ~o O J r,~ Q ~_ 4- +.+ ~ C U rho ° .~_ ~ ~ (~-r ~ ~ U O U ~ ~ ~ ~ a ~ ~ C P ~ ~ ~ -a o is v ~a ~~ o00 ~ a t'' O N D.~N ~ t0 > ~ ~ ~ n -00-0752 o~ O~ ~ - ' V I O ,:~ O 1Q ,~ o r ~ ~ d o ~` ~7 ..~ ~~b}) ~~~ .:, t :~ ~/~ N , f6 d fA C LA (p C U ~ N ~ (~ U] h C R U a a` ~~ v~ "' -y` ~~' ~;~~ ...` / S~ /r ~ D l w \l U ~~ z u~ +x4-. ~ o 3 ~~ Q p -~ ~ ___t _ ~~ I `- ~ ~. ~" ~ ~ ~ - 1 ,,-.,, -~ ~~ _ U fll ~ c ~ Rezoning Post Road Re~~ninu EXHIBIT "B" Current or Existing Zoning District: Requested Zoning District: No. of Acres to be Rezoned: CC and LI SO + - 2 STATEMENT: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. Council is concerned with the future land-use of this area and made a motion to down zone these parcels from commercial and industrial to office uses. STATEMENT: State briefly how the proposed zoning and development relates to the Dublin Community Plan. This rezoning is a result of a motion made by the Dublin City Council to rezone these parcels to S0, Suburban Office ~ Institutional District. ~ j ~ fl I f~ _~ J _ _ PREVIOUS APPLICATION? Has an application for rezoning the property been denied by the City Council within the last two (2) years? YES ^ NO ~ ~~ IF YES, WHEN? State the basis of rxcnsideration: I I IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAtJ ATTACHED? YES ^ NO ^ IF A PLA~`INED DISTRICT IS REQUESTED, IS PROPOSEC DEVELOPMENT TEXT ATTACHED? YES ^ NO ^ I{rr~ PLEASE INCLUDE THE FOLLOWING: 14 COPIES OF LEGAL DESCRIPTION: Logal doscriptlon of the proporty to be rozon©d consists of page(s). PLAN REQUIREMENTS: ^ 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 2d' X 36') SHOWING: a. Th© slt© and all land 500 foot b©yond th© boundarios b. North arrow and bar scale c. Existlny condltlons (Roads, buildings, veyotatlon,topogrnphy, Jurisdictional boundarios, utilitlos, otc.) d. Proposod Usos (Rc~gtonal transportation syst«n, donsitios, N of dwollings, building/unit typos, squaro footayex9, parkland/opm space, otc.) v. Existlny and proposcxf zoning district boundaries Rntoninrl Applicntlcxi PLA• 108 Dr~to C9/29/J9 I'agc ~ of 5 EXHI~iT "~" f. Size of the site in acres/square feet; and g. All property lines, street rights-of-way, easements, and other information related to the location of the proposed boundaries. 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11' X 17') 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8'/z' X 11' AND NOT MORE THAN 16' X 20') Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned. CONTIGUOUS PROPERTY OWNERS List all neighboring property owners within 300 feet from the perimeter of the area to be rezrxied. Such list to be in accordance with the County Auditor's current tax list. (Use additional sheets as necessary.) Labels formatted for Aver/ 5160 may be submitted as labels or on a computer disk. PROPERTY OVJNER (not Mortgage Company or Tax Service) MAILING ADDRESS CITYlSTATE2IP CODE EXHIBIT B-2 ~ --, I I -~ Includes owners of - ~ roperty included in this application ~. I i it ____-------_ -- __i f ! I~ ~~ ~- --------- ~~ ~i I __._ ----- ~I !~ .-~_..~._~__'I II '~ I i i' i II - l ( ------___ _ _-------_ ~.~._. ' 1 i ~}---- ----- 1 ~i ___. ~ '~ '~ -- --------- _~II - ---- -; Rr~lc;nir,r) A.pplicatli~n PLA• 1 C8 Cato 09i2tV99 k'aF;c 3 ~i( S ,~ EXHI~lT "E" PROPERTY OWNER INFORMATION Initiated by the City of Dublin, c/o Timrt~thy Hansley Mailing Address: (Street. Ciry, State, Zip Code) Dayime Telephone: i Fax: Name of Contact Person', (ex. Attorney, Architect, etc): 'Please complete the Agent Authorization, Section VII, below. City of Dub 1 i n , C/O Barbara M . C 1 a rke 'vtailing Address. 5800 Shier-Ri n s Road (Street, City, State, Zip Code) g ~ Dublin 0 , h I O 43016 Cay;ime Telephone: 761_6550 Fax: 76 ~ -6566 V`Jhich of the above is the primary contact person? Barbara M . C 1 a rke ~ V. AUTHORIZATION TO VISIT THE PROPERTY Site :^sita to the property are necessary by Ciry representatives in cyder to process this application. The Cwner/A.pplicant hereby authorizes City representatives to visit, photograph and post a notice cn the properfj descrberi in this application. VI. UTILITY CISCLAIMER The G ~ cf Lublin will make t~ery effort to prcwide oss~tial ser.ic~~s to the ercpart/ as neecJr~. Hev:ever, th© rapid growth of the CiCy of Gublin and nerthw~t Fr:rrk„n County has stretchcrl the City's capacity to prandr~ the ;r3 sernces to the limit. As such, the City of Dublin may be unable to make ail or part cf said (ar.;:Rles av.ulabla to the applicant until acme future date. Tho AppiicanJCwner hereby ackncwl~Kies that approval cf this rF~uest for rc~zc~ing by the Dublin F43nnirg .rnd Zoning Commission and/or Dublin City Council dons net constitute a guarante•3 or binding ccrnmitment that tha City of Lublin will be at;lo to prc.v~:'e ~:s ential s+3rvices such as water and sewer facilities whun r.ucxic~ci by said Applicant. VII. C!"J~^~FR AUTHORIZATION FOR REPRES[NTATIVE I, ,the owner and applicant, hereby authorize i to :pct ..as my representative and agent in all matters portaininy to the processing and approval of tf pis application including modifying the project, and I agrc~ to be':•:~und by all reprosentatlons and agreements made by the designated agent. Signature of Current Property Owner: Date: Slgnature of Current Properly Owner: Deto: VIII, APPLICANT'S AFFIDAVIT Rozoninr3 Application Pl-A-1C8 Drito09/2fL'99 Page 4 "~( 5 ~Xf~lE~1T "r~" STATE OF ~L~1's ~O y ,` COUNTY OF C 1~-p1NF-L,1 1`1 and understand the contents of this application. T. and in all respects true and correct, to the best of Signature of Applicant or Authorized Representative: l"]_A ~ information contained in this application, attached e~ibits and oche pPformation seubm tted is complete /knowledge and belief. Cln t~~dl~f,~~;~R Date: ~0 .~bscribed and sworn to before ms this (..~ - day of ~ / ~,f~dd J f ~ --_-_ '~"" Notary Public ~ ,~~'~ti~,nsi„~, ,or~,~p1R L ~c .,,~ . _ q . ~~\ - ~ ~~ LINDA L GILLIAM '__* *' NOTARY PUBUC STATE OF OHIO 'sr9' . =ra ° ,~o ,? MY COMMISSION EXPIRES SEPT. 12, 2001 luturunq ,1p1>licntion Pnr,~i nl ~~ `/fj`~'. F Legal Description Exhibit B-1 Situated in Franklin County, in the City of Dublin, this property is bounded on the west by I-270, to the north and east by the South Fork of the Indian Run, and to the South by Post Road, and contains seven parcels comprising of 17.32 acres more or less and is designated by the following parcel numbers: 273-001530, 273-001308 (South of the South Fork of the Indian Run), 273-003800, 273-009947, 273-000116, 273-000321, and 273-000273. ~~ Exhibit B-1 Tax ID No/District Parcel No: 273-001530 273-001308 (South of the South Fork of The Indian Run) 273-003800 273-009947 273-000116 273-000321 """~ 273-000273 ""~' Property Address: 5200 Post Road 6565 Frantz Road (South of the South Fork of The Indian Run) 5100 Post Road 5002 Post Road 5010 Post Road Legal Description Exhibit B-1 Situated in Franklin County, in the City of Dublin, this property is bounded on the west by I-270, to the north and east by the South Fork of the Indian Run, and to the South by Post Road, and contains seven parcels comprising of 17.32 acres more or less. Exhibit B-2 Contiguous Property Owners *Richard Roby Mid-America Properties 7100 Muirfield Drive c/o Chi-Chis Restaurant Dublin, Ohio 43017 2701 Alton Parkway Irvine, CA 92606 *Online Computer Library Center, Inc. Bob Evan Farms, Inc. 6565 Frantz Road 3776 South High Street Dublin, Ohio 43017 P.O. Box 07863 Columbus, Ohio 43207-0863 *Fergus Properties New Par 7100 Muirfield Drive FKA Columbus Cellular Dublin, Ohio 43017 5175 Emerald Parkway Dublin, Ohio 43017 *Brentlinger Real Estate Co., LLC Heartland Bank 6335 Perimeter Loop Road 850 N. Hamilton Road Dublin, Ohio 43017 Columbus, Ohio 43230 First American Tax Val Richard Solove & Julie Engle LJ Melody Co Inc. 8 E. Broad Street P.O. Box 560807 Columbus, Ohio 43215-3411 Dallas, TX 78356-0807 250 Bridge Group 5151 Post Road, LLC Att: Lou Ann Miller 220 West Bridge Street 250 W. Bridge Street Suite 113 Suite 202 „~„ Dublin, Ohio 43017 Dublin, Ohio 43017 ~, Armstrong Mortgage Co. Biscar Properties LLC Paul Carter 650 Shawan Falls Drive 1225 Dublin Road Dublin, Ohio 43017 Columbus, Ohio 43215-1024 Red Elm, LLC Midwestern Enterprises, LLC 14651 Dallas Parkway 6520 Frantz Road Suite 500 Dublin, Ohio 43017 Dallas, TX 75240 Carolyn Nash R TR 252 Monsarrat Drive Dublin, Ohio 43017 *Owner of property to be rezoned Charles & Helen Coffman 4348 South Atlantic Circle Fort Myers FL 33903 Patrick K. Marsh 6565 Plesenton Drive Worthington OH 43085 REA Real Estate LTD 122 Fourth Street New Philadelphia OH 44663 Red Roof Inns Inc. Attn. Corp Tax 4355 Davidson Road Hilliard OH 43026-2436 j~ ~=r ~ ~ ~i~ ~ []o V ` "~` / ~s J! C C/i~- z z L o~ / o a~ 0 \~ 4/ ~I~ ~ ~ ~ ( ° C~ ~~r aI °- ~_ ~ o ~ ~ ~~ ~ ~~ %~ ~;~ , , ~ , ~ ~- ~ 1 m c m m ~ U ~ (~ m y C N N n a 0~ g od ~ ~:~~ ~ i A~ __ _ :~ .'~~ -, ~ O ,/ ~ ~ , -~ ~=_~_- ~; ~,~ ° ~ ~.~, -~ ~~~ _ --- N ~ ~ ~ ~ ~ o ~ ~~---~ . __~ o 0 ~~ o= r ~o° ~'E~ e ' V p ~ ~ c c ~ ~ \ ~ ~ Cl P ~ D 'c ~ o ~ ~+~a ~ ~~ooo 0 N aa~ ~' e ~ ~ 0 ~ 1:1'1.1 IIF Ul KLl\ Division of Planning 5800 Shier•Rings Road Dublin, Ohio 43016-1236 none/TDD:614.161-6550 """"' Fox: 614-161-6566 Web Site: www.dublin.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION SEPTEMBER 21, 2000 The Planning and Zoning Commission took the following action at this meeting: 5, Rezoning Application 00-0752 -Post Road Rezoning Location: Approximately 17.32 acres on the north side of Post Road and bounded on the west by I-270, the north and east by the South Fork of the Indian Run. Existing Zoning: CC, Community Commercial District and LI, Limited Industrial District. Request: SO, Suburban Office and Institutional District. Applicant: Initiated by the Dublin City Council, c/o Timothy Hansley, 5200 Emerald Parkway, Dublin, Ohio 43017. MOTION: To approve this application because the office use will enhance this scenic corridor, will assist in creating a gateway into a major residential area, and the rezoning responds to City Council's request, with two conditions: 1) That any new development on the site meet all floodway regulations; and ~- 2) That any new development on the site comply with Dublin Lighting Guidelines. VOTE: 6-0. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. STAFF CERTIFICATION Holly Suss Planner .. ... .. ,t,,ai. ,. ~~ Dublin Planning and Zoning Commission Staff Report - September 21, 2000 Page 33 CASE 5: Rezoning Application 00-0752 -Post Road Rezoning Location: Approximately 17.32 acres on the north side of Post Road and bounded on the west by I-270, the north and east by the South Fork of the Indian Run. Existing Zoning: CC, Community Commercial District and LI, Limited Industrial District. Request: SO, Suburban Office and Institutional District Applicant: Initiated by the Dublin City Council, c/o Timothy Hansley, 5200 Emerald Parkway, Dublin, Ohio 43017 Staff Contact: Holly Susong, Planner. -.. BACKGROUND: This is a rezoning application initiated by City Council motion on June 15, 2000. It includes approximately 17.32 acres on the north side of Post Road. It is bounded by the South Fork of the Indian Run on the north and east and I-270 on the west. The area is currently zoned CC, Community Commercial District and LI, Limited Industrial District (entrance to OCLC). A "downzoning" to SO, Suburban Office and Institutional District is proposed. After the Planning Commission's review, this case will be returned to City Council for a public hearing and final vote. Atwo-thirds vote is necessary to override a negative recommendation by the Commission. If approved, the rezoning will become effective 30 days following the Council vote. CONSIDERATIONS: Site Characteristics: • The site consists of six parcels totaling approximately 17 acres on the north side of Post Road. Together, these parcels have about 2,300 feet of frontage along Post Road and have an average depth of 300 feet. The South Fork of the Indian Run, as well as a large stand of trees, meanders along the entire northern boundary of these parcels. The northernmost extension of Frantz Road bisects the area to be rezoned. Five of the parcels are to the west of Frantz Road and one parcel is to the east. • The parcel to the east of Frantz Road is owned by OCLC and contains asingle-family house oriented toward Frantz Road with several mature trees and a long driveway. This driveway is located at the intersection of Post and Frantz Roads, and access to this site is extremely difficult. • Just to the west of Frantz Road are two parcels that were occupied until 1998 by the Midwestern Auto Group (MAG). These parcels are separate, but "function" as one lot and contain three buildings with several parking areas and tall, bright, pole-mounted light fixtures. The white building (eastern) used to house BMW and is a high ceiling, one- story, typical "dealership" building. It is characterized by its flat roof and expansive windows. Service doors are located on its west side. A small, one-story brown building with a gabled roof is located toward the rear of this site. This building was used for used car sales. A large brown, new car sales building with two-stories and a flat roof with large windows is located to the west. Service doors are located on its east side. These parcels have two access points on Post Road and one on Frantz Road. Dublin Planning and Zoning Commission Staff Report - September 21, 2000 Page 34 • A storage barn is located to the west of the old MAG site (near the OCLC access drive). This barn was remodeled last year and is being used for auto sales as the "Toy Barn." This parcel has two access points on Post Road and the OCLC access drive is used in common. • The westernmost parcel contains a single story warehouse-type building and several mature trees. It was constructed as an "auto museum" to house a personal auto collection. It was posted .with "no trespassing" and "authorized vehicles only" signage for many years. This parcel is situated much lower than Post Road, which is at the foot of the Post ,.~, Road bridge over I-270. The building is located to the west of the OCLC access driveway, which provides the only access to this parcel. There is a pending building .~„ permit application for a future Mitsubishi car dealership on this site. The sign is already in place. Cars from the Toy Barn are currently being parked on this site. • The South Fork of the Indian Run meanders along the northern border of this site. The stream corridor with many large, mature trees creates an aesthetically pleasing natural feature. Despite the large buildings located toward the fronts of these parcels, staff believes this existing natural area can be further enhanced and transformed into a larger public green space. It can also serve as a gateway into the residential areas to the west. • The OCLC campus is located to the north of this site and is zoned LI, Limited Industrial District. I-270 is to the west. Shawan Falls Drive is located to the east and contains several offices zoned SO, Suburban Office and Institutional District. To the south, across Post Road, are several commercial uses, including the Verizon Cellular retail building, Bob Evans, Chi-Chi's, Red Roof Inn, etc. These are all zoned CC, Community Commercial District. Community Plan Issues: • The Future Land Use Map in the Community Plan designates the parcels to the west of Frantz .Road as "non-residential." The plan, however, does recommend that the eastern .portion of the subject site be developed with office uses. The Existing Land Use Map designates the OCLC access as office. The other western parcels are shown as retail uses. "'~" The Thoroughfare Plan shows a projected right-of--way for Post Road of 100 feet (between SR 161 and the Post Road bridge). In addition, Post Road is designated as a °" "scenic road." Development Standards/Permitted Uses: • The CC, Community Commercial District is a broad retail commercial zone. An auto dealership is a permitted use in this district. The proposed Suburban Office and Institutional District will not permit most retail uses, including auto dealers. The existing uses will become legally non-conforming uses, upon rezoning. • The front setback is set by the right-of--way width and is not affected by the zoning classification. The existing CC and the proposed SO Districts require no minimum lot width. Side and rear yards are required when abutting residential properties, and there are none in this case. The LI District requires side and rear yards based upon the size of a structure. Landscaping and lighting requirements will remain the same under either the existing or proposed zoning. Parking requirements are based upon use. Dublin Planning and Zoning Commission Staff Report - September 21, 2000 Page 35 • The OCLC access driveway (the segment to the south of the Run) is included in this rezoning application. It is currently zoned LI, Limited Industrial District. Since this area only contains an access driveway and very little land for a structure, the downzoning should not affect this parcel. • There are several pending zoning violations on the Toy Barn site. These violations include landscaping, striping of the parking areas, and the display of cars outside of the permitted display area, including but not limited to, the driveway on the OCLC access and the aprons and driveways off of Post Road. • A variance was requested for this parcel to reduce the required parking setback along Post Road and I-270 (Refer to Board Order 00-062V). This case was tabled at the May BZA meeting after plans with unclear information were submitted during the meeting. The case was then rescheduled for the June meeting, but the applicant postponed the case prior to that time. The applicant has since filed for a building permit. This building permit is under review by the planning staff. • The South Fork of the Indian Run meanders along the northern boundary of this site. Much of this site is effected by the floodplain of the South Fork of the Indian Run. These buildings were built prior to current flood hazard regulations. Expansion of these buildings or any new construction needs to be located outside of the "floodway-plus-20- feet" area. Any filling of the balance of the floodplain (in areas located at least 20 feet beyond the floodway) requires compensatory storm water storage elsewhere on site, subject to approval by the City Engineer. The current flood hazard regulations will play a large role in guiding redevelopment of this land. Access/Traffic/Parking/Lighting Issues: • These parcels contain several curb cuts along Post Road. Curb cuts, under the current Code, are limited to every 200 feet of road frontage. Those curb cuts for both the old MAG site and the Toy Barn on Post Road are legally non-conforming in this respect. • Among retail uses, auto dealers produce a very low volume of traffic on an acre-to-acre comparison. Retail trips generally are more discretionary than office trips and are spread throughout the entire day. Office traffic is concentrated during the a.m. and p.m. "peak- hours," asap of the workers arrive and depart within very limited time periods. Using this land for office development may increase peak-hour traffic and contribute to the traffic problem in this area. • According to the Parking Code, all off-street parking spaces must be illuminated to provide an average intensity of one-half foot-candle of light as measured at the parking surface area. This requirement will apply to these properties with either the CC or SO zoning, unless a property owner chooses to comply with the Dublin Lighting Guidelines. Complying with the guidelines would be an important enhancement of the site. STAFF RECOMMENDATION: Downzoning will make the retail use(s) legally non-conforming. The uses in place may in fact not change for many years. In the meantime, it will be difficult under the Code for the non- conforming uses to expand. Also, if the area is reused for office uses, this will increase "peak- hour" traffic contributing to the existing traffic problem in the area. The South Fork of the Indian Run, in combination with the flood hazard regulation, will play a large role in how this area may be redeveloped, regardless of the use. The site, especially along the run has a lot of beauty and ~~~ Dublin Planning and Zoning Commission Staff Report - September 21, 2000 Page 36 would provide an excellent addition to Dublin's "liner park" along the South Fork. .Staff believes that expanding the existing natural features of this stream corridor could be a possible mechanism to enhance this scenic road. Offices present a much more subdued appearance than retail uses, and this would be a desirable way to enhance this gateway into a major residential area. Offices will also enhance the overall quality of this scenic road. Staff recommends approval of this rezoning application to address City Council's request with two conditions: Conditions: 1) That any new development on the site meet all floodway regulations; and 2) That any new development on the site comply with Dublin Lighting Guidelines. Bases: 1) This rezoning addresses City Council's request. 2) Offices will enhance this scenic corridor. 3) This rezoning will assist in creating a gateway into a major residential area. Dublin Planning and Zoning Commission Minutes -September 21, 2000 ~~ ~~I Page 1 5. Rezoning Application 00-0752 -Post Road Rezoning Holly Susong said this rezoning application was initiated by City Council and includes 17 acres on the north side of Post Road. It is bounded by the South Fork of the Indian Run on the north and east, and by I-270 on the west. The area is mostly zoned CC, Community Commercial District, but the access to OCLC is zoned LI, Limited Industrial District. She said this would rezone the parcels to SO, Suburban Office and Institutional District. Ms. Susong showed several slides of the area. The existing buildings include, from east to west, ""~"' asingle-family house, the former BMW and Midwestern Auto Group (MAG) car dealerships, the Toy Barn and a warehouse building near I-270. Ms. Susong said recently cars were observed again at the old MAG dealership, and a sign application is pending for that site. The Toy Barn is a storage building converted for auto sales, and it has several pending violations. The warehouse-type building is proposed to be converted to a Mitsubishi dealership. It has a variance application pending, and a building permit application has been submitted. She said there is a natural landscaped area behind these parcels. Ms. Susong said downzoning this would make retail uses legally non-conforming. If the rezoning is approved, it will become difficult to expand the existing uses. She noted that office uses have more intense peak hour traffic than retail uses. She said the existing buildings were built before the current Flood Hazard regulation, and some are non-conforming in that respect. This regulation will have a large impact on how this area is to be redeveloped, regardless of the use. She noted that the area along the Run is beautiful and would be an excellent addition to Dublin's linear park along the South Fork of the Indian Run. Ms. Susong said Council has requested that office uses be explored in this area and has requested a rezoning to that type use. Staff believes that offices would enhance this area and recommends approval with two conditions: 1) That any new development on the site meet all floodway regulations; and 2) That any new development on the site complies with Dublin Lighting Guidelines. .~ Mr. Peplow said he noticed today that there were cars parked on the warehouse type building near 270 and a "Roby Mitsubishi" sign had been installed. Ms. Susong said the sign permit was issued, and two or three building permit applications were submitted. Ms. Salay understood the existing auto dealership uses are going to be legally non-conforming and nothing else can be there, except office uses, if Council approves the rezoning. Ms. Susong said yes, and no expansion of auto dealerships will be permitted. The construction of new buildings or expansion of existing buildings may be difficult due to the floodway requirements. Mr. Lecklider asked if the Mitsubishi sign met Code. Ms. Susong said yes. Ms. Salay asked if the existing lights at the MAG site met Dublin Lighting Guidelines. Ms. Susong said no, and explained applicability of the guidelines. The lights at the Toy Barn and other buildings will remain unless there is redevelopment. Dublin Planning and Zoning Commission Minutes -September 21, 2000 ~ ~ ~ e Page 2 (- Mr. Lecklider asked about potential traffic problems if it becomes offices. Ms. Susong said it was not guaranteed. She was trying to let the Commission know that the traffic is different for offices than commercial. She said there is a peak A.M. and P.M. traffic for office uses. Mr. Eastep noted that this is only one traffic light away from I-270, and this is a commercial site. David Dye, attorney for the owner of the Toy Barn, and the parcel immediately to the north is being used for automobile sales. He said Roby has a Mitsubishi dealership franchise which it is in the process of relocating to this site. Applications are pending for a new building on that site. He said the sign was the first part of the approval process. ~- Mr. Dye said this rezoning would insert an office district between a CC District and a LI District. In his experience, zoning is transitional, and putting office in the middle is not correct in his opinion. The sites have been commercial and are bounded by commercial, and this serves no purpose. It noted the staff report says office use may produce more traffic congestion. Mr. Dye said the staff report indicates that Council requested this, and he has never heard such a recommendation previously. He has seen some really ugly office buildings and attractive retail uses, and rezoning will not enhance the appearance of the corridor. Mr. Dye said Roby Development owns a major amount of property here, and to rezone this area is not the right thing to do. It is not proper under the City's procedures. He strongly encouraged the Commission to table this application or send it back with direction to prepare a proper application containing the necessary information. Mr. Dye believed one of the reasons for this is to limit car dealerships. He has discussed this with the Law Director. He believes their use has been established on the entire site. He said staff admits that a car dealership will remain for the foreseeable future. Mr. Eastep said if an office use is to be developed the applicant must come before the Commission. The applicant must meet the floodway restriction, buildable area and lot coverage requirements. It will not be a monster, but atwo-story suburban office, which is much more attractive than a paved retail area. It would bring tax revenue to the community. He said these are very obvious reasons to approve the rezoning. Mr. Dye said the Commission does not lose any control over the issue of future development on the site under the CC zoning. The rezoning will not change things, and it will remain as car dealerships. He noted this is not a rezoning to a PUD, and the appearance is not an issue. This is a land use question, and the site is inappropriate for offices. This is not justified. Mr. Lecklider said he agreed with Mr. Eastep's comments. He disagreed with Mr. Dye regarding this particular site. Given the surrounding areas, he did not think an office use was inappropriate. It served as an appropriate transition. The potential traffic is a drawback. He thanked Mr. Dye for his comments and said he made some good points. Mr. Dye said it already is a CC district, and if it is converted to office, there will be non- conforming uses that cannot be substantially approved or changed. He said in Roby's case, they are selling cars before the rezoning takes place. He said the rezoning would lock into position Dublin Planning and Zoning Commission Minutes -September 21, 2000 ~~ ~~~ Page 3 the zoning condition currently seen today instead of making changes over time. The existing uses will remain for virtual perpetuity. Changing to office use removes the economic viability of selling this land. The reduction in value to this land going from CC, Community Commercial District, to SO, Suburban Office District, will lock in the car sales for many years. Mr. Eastep said dealerships often close. He gave the David Hobbs' dealership as an example of one that the only guarantee is preventing another strip mall. He said good commercial office sites are in demand. He said Roby could come back to the Commission with an enhanced dealership and request a rezoning. The only thing locked in is preventing another strip mall. Mr. Dye said he did not expect someone who has gone through this process opposing a rezoning from CC to SO to come back and ask for a re-rezoning against Council's request. Mr. Eastep said a re-rezoning might be futile this year, but councils and commission members change. He said they serve to better the community. Bill Porter said he represents Mark Bretlinger, Bretlinger Real Estate, LLC and Midwestern Auto Group, along with Chris Cline. He said Mr. Bretlinger owns six of the seven parcels in this rezoning. He said the Commission should not recommend approval of this rezoning. As a matter of law, it is unconstitutional; it is an illegal rezoning. The target area and the adjacent property along both sides of Post Road have been zoned CC, Community Commercial, for 30 years. This rezoning principally targets the north side of Post Road, two automobile dealerships. He said their properties and this use have been singled out. He said this spot zoning is arbitrary and capricious. Rezoning must be related to the health, safety, and welfare of the community. Mr. Dye said staff admitted that the rezoning may increase traffic; and this does not support health, safety, and welfare. The staff report also says the rezoning provides a scenic gateway to the residential areas to the west, but the first residential area to the west is amulti-family development just beyond I-270. He cannot imagine a scenic gateway bounded by Chi-Chi's, Bob Evans, Red Roof, Verizon, etc. Mr. Porter said this rezoning is also unlawful because it greatly impacts the value of Mr. Bretlinger's property. There is a significant difference between the value of office space and retail space, from the high six figures to the low six figures. This diminution in value unfairly and illegally punishes Mr. Bretlinger who relied upon the zoning in place. It caused him to lose business opportunities because of this proposed rezoning, and those losses continue. This rezoning will virtually guarantee the existence of car dealerships. In response to Mr. Eastep, he said the non-conforming use for car dealerships if this rezoning would go into effect today is not dependent upon the current owner remaining. He said a subsequent car dealership owner was possible. Mr. Porter said a car dealership is the highest and best retail use for these properties. This rezoning is illegal and bad planning. There are many reasons why it should not be approved. Mr. Porter asked the Commission to consider them. He said they are very serious about challenging this rezoning with judicial review. Mr. Lecklider said the minutes from previous meetings indicate the Law Director said the City has the right to pursue this rezoning. Ms. Readler verified this, and said the Law Director had conversations with Mr. Porter to this effect. Dublin Planning and Zoning Commission Minutes -September 21, 2000 ~~ ~~~ Page 4 Mr. Porter said he was not challenging Council's legal standing to initiate rezoning legislation, but that the actual rezoning ordinance itself was unlawful and unconstitutional. Mr. Lecklider said he assumed that Ms. Readler's response to his question took into account Mr. Porter's arguments on behalf of his client regarding the "devaluation" in the value of the property. Ms. Readier said she was not prepared tonight to go through an in-depth analysis of each challenge by Mr. Porter. She believed it is the Law Director's opinion that this is defensible and should go forward. Mr. Eastep said he could not see CC on both sides of Post Road, transitioning to a beautiful campus such as OCLC. He said the rezoning is right for the parcel. Office is better than retail ~~~ uses in any community. He said office traffic would not be significant due to size. He welcomed Mr. Roby's car dealership as it exists. If it continues to prosper for 25 years, so be it. If it doesn't, he would like to see an office use on the site. Mr. Lecklider agreed. Mr. Eastep made a motion to approve this application office use will enhance this scenic corridor, will assist in creating a gateway into a major residential area, and the rezoning responds to City Council's request with two conditions: 1) That any new development on the site meet all floodway regulations; and 2) That any new development on the site comply with Dublin Lighting Guideline Ms. Boring seconded the motion, and the vote was as follows: Mr. Fishman, yes; Mr. Lecklider, yes; Mr. Peplow, yes; Ms. Salay, yes; Ms. Boring, yes; and Mr. Eastep, yes. (Approved 6-0.) .~,,~ So PUD SITE f~~~ ?~ , at ., L CC 0 OLR PUD LI (~ { R-2 S1 l L \p L 00-0752 Rezoning Post Road Rezoning f' ~' E.,.A g .~- , i B '„ ~6~ lam/ R ,u a ~' ~ . a„,,,.ar oowrrnnaat RD y ~' & Q ` ~ ~ DubGa Co9mm HS ~ ' ~~~~ d.'<;. ~- ~~ c ~~ ~t !~"` t X¢!~ C~ ~~ q.~..www g p y~ G5 6 ]7~ BTMILEY NEA ARkAlA /; ~,.-_.., y~, > ~ ~ J~~ ~„,. R(Ry ~~ ITE ~~ Dublin Llbnuy POST O LIB, FFICE p NIGH SCFI001, RD 80 RDD Sells MS. 1~~ Q Ci1.Ef( ~M~Q L n n Q .~~ .A~ F' 1 INrN ~nl IAI C ~~nn~ i 8 .cr ~_ ~ u11 ~ ,~w00-0752 /°"`'Rezoning Post Road Rezoning RECORD OF PROCEEDINGS Minutes of Meeting Dublin City Council Meeting Page 9 Held r,n~~nnn , M .Smith responded that it was d eloped in response to Council's irection at goal s ing for Planning staff to drag rdinances for submission to Cou cil within 45 days garding architectural diversity d setbacks as proposed in the uthwest Area Plan. he earlier draft of this ordin e which was referred to P&Z h undergone revisions. There will be a total of three o dinances necessary to accomplis Council's goal. Mayor ICranstuber stated th he does not believe that the ordi ance in its present form is adequate to meet the purpo .The timeframe established by ouncil has long passed, even though Mr. Helwig sured Council that the timefram could be met. Mr. Hansley suggested~at Council provide clarification jb Holly Susong, Planner, who is present tonight and i assigned to this project. / Mr. Reiner stated th the direction of Council was to gislate architectural material standards and setba s. The expectation was that sta would take the usable information derive from the recent study on the So hwest and incorporate that into draft legislation. ~ Ms. Susong exp ained that Planning staff s respo se to Council's direction was, a first step, to take w at could be incorporated quickly nto the subdivision regulations such as the varied set cks and varied lot widths for di Brent types of housing. The or nance before Coun 1 tonight reflects those, as well policy issues that Planning Co mission typically in rporates during the planned uni development or platting proces .The staff report on t is for Planning and Zoning Com fission also includes comment the second it requested, specification of arc tectural materials, with the find' ation that this is to e provided to Council within th next 90 days. Mr. R ner stated that Council is aware at the Planning Division is sh -staffed and Bugg ted that this project be subcontr ted. Council has attempted to tablish these Stan rds for six years. In the absenc of Code requirements, subdivi ons continue to be veloped that do not meet Coun 's expectations. . McCash clarified that the guid fines should specify not only t es of building aterials, but should include prov sions for scale, proportion, ass ance of diversity, and irections for balancing of those lements. Ordinance 102-00 - An Ordinance Providing For a Change in Zoning for 17.32 Acres of Land Bounded on the West by Interstate 270, ttre North and East By the South Fork of the Indian Run, and the Soutlr by Post Road From: CC, Community Commercial District and LI, Limited Industrial District, to: SO, Suburban Office and Institutional District. (Council initiated rezoning) Mr. Adamek introduced the ordinance. Mr. Smith stated that this ordinance was prepared at the request of Council. However, since preparation, staff has been in discussion with representatives of both affected portions of the land, and has determined that it would be advisable not to refer it to Planning and Zoning Commission at this time. Staff therefore recommends that any action on this ordinance be postponed until the next meeting. It is expected that there may be alternate proposals for those sites, including a possibility of land acquisition. He added that the owner is in contract for part of that land, and the referral process may have a negative impact on that negotiation. Chris Cline. Blau rand. Herbert & Martin. 5455 Rims Road Suite 500 Dublin OH 43017 stated that he is present tonight with Tim Galli, the Chief Financial Operator of MAG, Bill Porter of Vorys, Sater, Seymour, and Pease, and Mark Brentlinger, a principal of MAG. He stated that MAG owns six of the acres involved in this rezoning action, and if this ordinance is referred to Planning and Zoning Commission tonight, it will result in significant consequences for MAG and may affect the City's interests, as well. ~~-~75Z Rezoning Post Road Rezoning ~--, Minutes of RECORD OF PROCEEDINGS Meeting Dublin City Council Meeting Page 10 Held ]uly 10 2000 , In response to Ms. Chinnici-Zuercher's inquiry, Mr. Cline stated that no action will be taken within the next two weeks that will vest the sale of the land. Mayor ICranstuber moved to adjourn to executive session at 9:05 p.m. for the discussion of a legal matter. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Adamek, yes; Mayor IGanstuber, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. The meeting was reconvened at 9:30 p.m. Mr. Adamek moved to postpone any referral of this ordinance for two weeks. Mr. McCash seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes, Mr. Peterson, yes. Ord' ante 103-00 - An Ordinance utlrorizing the Execution of a ong-Term Le a Agreement With the Dublin its Council for the Use of 71 5 Riverside Dr e. yor ICranstuber introduced the dinance. r. Hansley stated that followi discussion with the staff of the ublin Arts Council and attorneys over the past few onths, a lease has been drafre and will be finalized for inclusion in the next Council cket. The lease is drafted fora erm of 25 years, with a ten-year renewal option. There will be a second reac~fng/public hearing of the ordina~ce at the July 24 Council meeting. / \V-1\IiUVL 11V1\J Resolution 33-00 - A esolution Adopting a Statem t of Services for a Proposed Annexation of 41.78 /- Acres from Washington To nship, Franklin County to th City of Dublin. ( chael L. Close, agent for petitio ers) Mr. Adamek introd ced the resolution. Mr. Hansley stat that this annexation is in keepi with a Council goal to annex th areas of unincorporat islands. It was initiated by the etitioners for the primary purpo of obtaining Ovate and/or sewer utility services for ese unincorporated areas. Alth gh the petitioners sh a the attorney and engineering f s, there are a couple of propertie that did not participa in this petition. In order to incl a the remainder of the propertie , Mr. Close has r uested that the City provide the ngineering services necessary to dd these three prop ies to the annexation or fund th costs of the engineering/survey ork needed. It is antic' ated those properties could then a included iri the petition which ould be amende at the county commissioners' he 'ng. He added that it is in the C' y's interests to cove the engineering and survey cos or the properties not presently i luded in the petiti because: (1) it meets the City's oal to annex all unincorporated ' lands; and (2) it wi add to the customer base and ge rate more revenue from user fe ,which will help def the cost of the total water and se er project. He added that the fe for annexation w previously waived by City Cou it for this area. ote on the Resolution: Mr. Rein ,yes; Mr. McCash, yes; Mrs. B 'ng, yes; Mr. eterson, yes; Ms. Chinnici-Zuer er, yes; Mr. Adamek, yes; May r Kranstuber, yes. Resolution 34-00 - A Resolut' n of Intent to Appropriate a 0 15 Acre, More or Less, Permanent Storm Sewer Ea ement, From Tuttle Partners, invited, Located on the West Side of Wilcox Road, outlr of Rings Road and Nortl oCTuttle Road, City of Dublin, County of Frankl' r, State of Olrio. Mr. Adamek introduced Resolution. Mr. Smith noted that Res lutions 34-00 and 35-00 are rela to construction of the traffic circles discussed earliec n the agenda. Washington To hip has already agreed to give / the Cityright-of--entry. 00-0752 Rezoning Post Road Rezoning ~. _, Minutes. of RECORD OF PROCEED[NGS Meeting Dublin City Council Meeting Page 9 Held TnnP ~ 9,x(1(10 , Vo on the motion: Mr. Peterso yes; Mrs. Boring, yes; Mayor anstuber, yes; Mr. Re ner, yes; Mr. McCash, yes; M Chinnici-Zuercher, yes; Mr. amek, yes. 3 Noted the letter from the ublin City School District to r. McDaniel thanking the City for their assist ce during the recent graduatio events. Inquired if the proposal egarding the Wyandotte Woo tree waiver will be scheduled on the July `" agenda. Mr. Hansley indicated that th memo in the packet was prem ure. There was some misunderstanding regarding is issue, and he apologized fo he confusion. Staff plans to address the City's conce in a meeting involving the Se ices, Finance and Planning divisions. Mayor Kranstuber noted t this understanding is that the urpose of the tree preservation ordinance w to discourage development of eavily wooded areas. This waiver request does not s em in keeping with the spirit o the ordinance. Mr. Hansley agreed. 5. Reminded Coun it that the annual Dublin Kiwa is frog jump takes place on Saturday, June 4. Mr. Peterson thanked~vlr. Kindra for resolving the rod construction traffic problem Dan Sherri. / , 1. Noted that e had discussed with Ms. Pus rcik the possibility of a mem 'al for former Mayors D' on and Karrer, jointly or indiv' ually. He asked about the sta s of the staff research n the proposal made at goal se ing for a Memorial Park at S wan Falls or another cation. Mr. McCash n ed that former Recreation Dir for Janet Jordan had some pre- urinary sketches of so a type of memorial for Shaw Falls. Those sketches could b used as a starting point or discussion. Mrs. Boring oted that the City of Ketterin as a memorial park where tre s can be purchased d a plaque added in memory o a public official. She added at the City has receiv several requests for memorial ,and she encourages that a pr am be develop to meet that need. Ms. Pus arcik and Mr. Hahn will work gether to develop some optio for Council conside lion. 2. Suggested that opening the ti capsule could be coordinated ith the Dublin Histo cal Society at the Coffrnan Ho se, perhaps preceding a Counc meeting. 3. Suggested a simple rezoning of the north side of Post Road between 161 and 270, either with an overlay district or rezoned to Suburban Office. His understanding is that the existing zoning of the land, which is presently being considered for use by the Dublin Convention and Visitors Bureau, would allow a variety of uses, including a car dealership with the submission of a building permit. He suggested that Council initiate a rezoning of that property to Suburban Office and that a first reading be scheduled for the next Council meeting. Mr. Smith responded that Council does have the right under the Charter to initiate a rezoning of any property in Dublin. He asked for clarification of the area to be rezoned -would it include all of the parcels in that area, or just the one on which the current building sits which has been discussed to house the DCVB offices. Mayor Kranstuber responded the rezoning would be for the entire site along the north side of Post, between 161 and I-270. Mayor Kranstuber then moved that all the properties on the north side of Post Road, from 161 to I-270 be rezoned Suburban Office, and that this ordinance be introduced at i00-0752 Rezoning Post Road Rezoning a, ., Minutes of RECORD OF PROCEED[NGS Meeting Dublin City Council Meeting Page 10 Held r,,,,P ~ o,~nnn , the July 10 Council meeting. Mrs. Boring seconded the motion. Vote on the motion: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mayor Kranstuber requested that this be placed on the July 10 Council agenda and also scheduled for the Planning and Zoning Commission meeting agenda in July. Mr. McCash asked if Council also desires to extend the Corridor Development District that exists on Sawmill to include the areas along S.R. 161 out to the Post Road exit at the westerly border of Dublin. Hearing no objection, Mr. McCash moved to have staff research the possibility of extending the current Corridor Development District to include properties along 33/161 out to the Post Road exit at the westerly border of Dublin. Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Mr. Smith clarified that this motion relates to all properties along S.R. 33/161, from Sawmill Road to Avery Road, both the north and south sides -extended to the westerly border of Dublin. Mrs. Boring inquired if a variance for a sign code in a CCD District is required to be reviewed by Planning and Zoning rather than by the Board of Zoning Appeals. Mr. Smith responded that by law, an applicant has the right to apply to the Board of Zoning Appeals for this variance. His understanding of the casein question is that the Planning and Zoning Commission determined that the sign package was reasonable and endorsed the concept to BZA. Mr. McCash noted that he was on Planning and Zoning at the time the case was heard and does not believe they endorsed such a sign package. Mr. Smith will review the minutes to determine if the correct process was followed and will forward a memo of his findings to Mrs. Boring. 4. Referred to a request from Co munity Entertainment Group re difig the av lability and potential use of the c~ty-owned land at the southeast c~rner of Houchard R ad and S.R. 161 for an upscale er~ertarnment center. ~~ ~Ir. Hansley stated that this relat to the site originally purchased. r the soccer stadium One option would be to ursue the opportunity for a sale d another option would be to rezone the land for at type of use and seek requests or proposals from possible developers. This req st from Community Entertainm t Group indicates that there is a definite market for at property that far exceeds the ty's purchase price. No action is needed from Counc at this time. 5. Proposed that cons' eration be given to developmen of a second or even third outdoor pool. He reques ed information from staff regard' g: (1) options for locations for a second or third po (2) a recommendation regardi timing for a second or third pool; (3) an update on a memberships sold this year, a of that, the number that are non-residents; and (4) stimated costs of construction o another City pool. Although this is a ca tal improvement item, he has re ived significant public comme regarding the need r an additional pool. He noted t four or five years ago when overcrowding bec e a concern, the City capped th pool memberships at 3,100 and raised non-reside fees. However, non-residents t n came as daily admissions. further restrictio was imposed that daily admissi shad to be residents. Mr. Hansley ~ponded that the cost of the existi~ig municipal pool was $1.2 mil~on, but construction a pool today would far exceed at cost. He added that the City rll have ~~-~75Z Rezoning Post Road Rezoning ~..~, BOARD OF ZONING APPEALS BOARD ORDER May 25, 2000 rn c-r nl tlt.t~ lion of Planning ~ Shier-Rings Road ,Ohio 43016-1236 lone/100:614-161-6550 eals took the following action at this meeting: fax: 614.161-6566 The Board of Zoning App le6 Site: rnrw.duhlin.oh.us 11. Variance 00-062V -Mitsubishi - 5200 Post Road Location: 2.9 acres located on the north side of Post Road, immediately east of Interstate 270. Existing Zoning: CC, Community Commercial District. Request: A variance to the following Code Sections: 1) 153.072(A) to reduce the required parking setback along Post Road from 50 feet to 32 feet; and 2) 153.072(B) to reduce the required parking setback along freeway right-of--way from 50 feet to ten feet. Proposed Use: An automobile dealership. Applicant: Patrick K. Marsh, 5200 Post Road, Dublin, Ohio 43017; represented by Jeff Roby, 7100 Muirfield Drive, Suite 200, Dublin, Ohio 43017. Staff Contact: Chad Gibson, Planner. MOTION: To table this variance application, as requested by Mr. Roby. '~"~ VOTE: 5-0 RESULT: This variance was tabled, pending the submission of better site data and a refined site plan. RECORDED VOTES: Brent Davis Yes Laurie Elsass .Yes Shelly Petite Yes Chester Porembski Yes Todd Zimmerman Yes STAFF CERTIFICATION ., y ~..~ -" i /// ~ 1 1 Barbara M. Clarke Plamiing Director i `G ~~ 7~ 00-0752 Rezoning Post Road Rezoning