105-02 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No ...............1.05-.02..(Amended). Passed
AN ORDINANCE TO ESTABLISH DUBLIN ZONING FOR FOUR
PARCELS COMPRISING AN AREA OF APPROXIMATELY 140
ACRES, AS ANNEXED FROM JEROME TOWNSHIP IN 2001,
GENERALLY LOCATED EAST OF HYLAND-CROY ROAD, 2,200
FEET NORTH OF MITCHELL-DEWITT ROAD, AS R, RURAL
DISTRICT (CASE N0.02-067Z).
WHEREAS, under former Dublin Code Section 153.004(D), territory annexed to the City
of Dublin continues to be governed by the zoning regulations which governed the territory
annexed immediately prior to the annexation, as enacted by a Board of County
Commissioners under R.C. 303.01 to 303.25, or enacted by a Board of Township
Trustees under R.C. 519.02 to 519.25, as the case maybe;
WHEREAS, this section of the Dublin Code was amended on April 8, 2002 by Ordinance
52-02, which provides the automatic rezoning of newly annexed Township property to the
R, Rural District;
WHEREAS, land included in this rezoning was annexed to the City and effectively
became part of the corporate boundary on August 22, 2001;
WHEREAS, consequently this land was not automatically rezoned to the R, Rural District
as Ordinance 52-02 was not yet effective;
WHEREAS, the land included in this rezoning must be rezoned to change the current
Township zoning classification to a Dublin zoning classification;
WHEREAS, to remain consistent with Ordinance 52-02, this land should be rezoned from
its previous Township zoning classification to the Dublin R, Rural District;
WHEREAS, this ordinance and application have been reviewed by the Law Director; and
WHEREAS, this rezoning will ensure consistent administration and equal enforcement of
City Codes to protect the health, safety and welfare of its citizens.
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 marked Exhibit "A" and
map marked "E1") situated in the City of Dublin, State of Ohio, is hereby rezoned R, Rural
District, and shall be subject to regulations and procedures contained in Ordinance No. 21-
70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and
amendments thereto.
Section 2. That application, Exhibit "B", including the list of contiguous and affected
property owners, and the recommendations of the Planning and Zoning Commission,
Exhibit "C", are all incorporated into and made an official part of this Ordinance and said
real estate shall be developed and used in accordance therewith.
Section 3. That this Ordinance shall take effect and be in force from and after the earliest
period allowed by law.
Passed this ~ ~.~day of Q b ~V ; 2002.
Mayor -Presiding Officer
Attest: I hereby certify that copies of this
Ordinance/T~°" were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Clerk of Council
rk of Council, Dublin, Ohio
I
Office of the City Manager
5200 Emerald Parkway -Dublin, Ohio 43017-1006
Phone: 614-410-4400 -Fax: 614-410-4490 M e m o
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manage~~~s. ~
Date: October 21, 2002
Re: Rezoning Ordinance 105-02 (Case No. 02-0672 -Rezoning of Land Under
Ordinance 76-01)
Initiated by: yll'' Barbara M. Clarke, Director of Planning
On April 8, 2002 City Council passed emergency legislation Ordinance 52-02, which provides
automatic rezoning of newly annexed township property to the Dublin R, Rural District
classification. Since this date, all new annexations have automatically been given the Dublin R,
Rural District zoning category. However, a number of recent annexations became effective prior
to the passage of Ordinance 52-02 and still retain township zoning. This legislation was initiated
to change the township zoning to a Dublin zoning classification.
The first major area rezoning of this type was undertaken last year, and it covered the Northeast
Quadrant of Dublin. This systematic rezoning method has proved to be a very time-intensive
undertaking, and this is also astaff-initiated area rezoning to the R, Rural District for land in the
Hyland-Croy Road area.
The four parcels listed in Ordinance 105-02 were annexed in 2001. They include one single-
family home, the rear portion of Riveria Golf Course and vacant farmland along Hyland Croy
Road.
The staff held a public informational review of this proposal on July 24, 2002 for the property
owners. None of them attended. Staff is unaware of any opposition to this proposal. On
September 19, 2002, the Planning Commission approved this rezoning application without
conditions.
~XN161T
April 23, 2001
Description of Approximately 140 Acres
Located in Jerane Township, Union County Ohio
To Be Annexed to the City of Dublin, Ohio
,d=,- Situated in the State of Ohio, County of Union, Township of Jerome, in Virginia
Military Survey Nos. 2925, 3452 and 5162, being all of the American Italian Golf
Association 25.00 Acre and part of the American Italian Golf Association 56 .Acre tract
(Deed Book 223, Page 495, Union Co. and Deed Book 2600, Page 393, Franklin Co.
respectively), part of the Noman I. Malik 8.000 Acre tract (Official Record 237, Page
144), part of the George and Mary L. Bakallis 32.142 Acre tract (Deed Book 280, Page
344) and part of the Noman I.Malik 34.833 Acre tract (Deed Book 280, Page 511), all
deed references made being on file in Union County Recorder's Office unless otherwise
noted, and being more particularly described as follows:
Beginning at a point in the Union County, Franklin County Line (an existing City of
Dublin Corporation Line as established by Ordinance No. 13-73 of record in
Miscellaneous Record 159, Page 38, Recorder's Office, Franklin County, Ohio) in the
south line of said 56 Acre tract and the north line of the M/I Schottenstein Homes, Inc.
30.761 Acre tract (Official Record 189, Page 468);
Thence, westerly, along part of the southerly line of said 56 Acre tract, part of the
northerly line of said 30.761 Acre tract, and along an existing City of Dublin Corporation
Line established by Ordinance No. 106-93, approximately 738 feet to the southwest
corner of said 56 Acre tract, northwest corner of said 30.761 Acre tract, and in the east
line of The Board of Education of the Dublin City School District 25.469 Acre tract
(Official Record 78, Page 234);
Thence, northerly, along part of the west line of said 56 Acre tract, along part of the
east line of said 25.469 Acre tract and along an Existing City of Dublin Corporation Line
as established by Ordinance No. 12-98, approximately 230 feet to the northeast corner of
said 25.469 Acre tract and the southeast corner of said 25.00 Acre tract;
Thence, westerly, along the south line of said 25.00 Acre tract, north line of said
25.469 Acre tract, part of the north line of The Board of Education of the Dublin City
School District 41.167 Acre tract (Official Record 82, Page 45) and said existing
corporation line approximately 1,003 feet to the southeast corner of The Board of
Education of the Dublin City School District 25.614 Acre tract (Official Record Volume
80, Page 209);
~/J continued...
RECEIVED
tL~ COPY b~-~
E ~7~
1 - 1001
CITY OF DUBL(~
Thence, northerly, along the west line of said 25.00 Acre tract, east line of said 25.614
Acre tract and said existing corporation line, approximately 1,079 feet to the northwest
corner of said 25.00 Acre tract, northeast corner of said 25.614 Acre tract and in the south
line of the Kevin D. Mullins 5.678 Acre tract (Official Record 117, Page 182);
Thence, easterly, along the north line of said 25.00 Acre tract and part of the south line
of said 5.678 Acre tract, approximately 1,003 feet to _the northeast corner of said 25.00
Acre tract, southeast corner of 5.678 Acre tract and in the west line of said 56 Acre tract;
Thence, northerly, along part of the west line of said 56 Acre tract and the east line of
said 5.678 Acre tract, approximately 499 feet to the northeast corner of said 5.678 Acre
tract and the southeast corner of said 32.142 Acre tract;
Thence, westerly, along part of the south line of said 32.142 Acre tract, the north line
of said 5.678 Acre tract, and the north line of the Barbara Stroble 5.784 Acre tract
(Official Record 67, Page 779), approximately 850 feet to the northwest corner of said
5.784 Acre tract and the northeast corner of the said 8.000 Acre tract;
Thence, southerly, along the east line of said 8.000 Acre tract and the west line of said
5.784 Acre tract, approximately 438 feet to the southeast corner of said 8.000 Acre tract;
Thence, westerly, along part of the south line of said 8.000 Acre tract and along
part of the north line of said 5.784 Acre tract, approximately 1,228 feet to the intersection
of said line with the east line of Hyland & Croy Road (County Road #2-D, 50 feet wide);
Thence, northerly, across said 8.000 Acre tract and along said easterly line of Hyland
& Croy Road, approximately 110 feet to the intersection of said line with the north line of
said 8.000 Acre tract and the south line of the Philip M. and Patsy Wanek 1.50 Acre tract
(Official Record 96, Page 302);
Thence, easterly, along a north line of said 8.000 Acre tract and the south line of said
1.50 Acre tract, approximately 618 feet to the southeast corner of said 1.50 Acre tract;
Thence, northerly, along the west line of said 8.000 Acre tract and the east line of said
1.50 Acre tract, approximately 308 feet to the northwest corner of said 8.000 Acre tract,
northeast corner of said 1.50 Acre tract and in the southerly line of said 32.142 Acre tract;
continued.. .
Thence, westerly, along part of the south line of said 32.142 Acre tract, north line of
said 1.50 Acre tract and part of the north line of said Katina Spanos 1.293 Acre tract
(Official Record 235, Page 122), approximately 646 feet to the intersection of said line
with said easterly line of Hyland & Croy Road;
Thence, northerly, across said 32.142 Acre tract, across said 34.833 Acre tract and
along said easterly line of Hyland & Croy Road, approximately 741 feet to the
intersection of said line with a north line of said 34.833 Acre tract and the south line of
the Ruth H. Klyne 81.10 Acre tract (Deed Book 186, Page 95);
Thence, easterly, along part of the northerly line of said 34.833 Acre tract and part of
the south line of said 81.10 Acre tract, approximately 896 feet to the southeast corner of
said 81.10 Acre tract;
Thence, northerly, along a west line of said 34.833 Acre tract and part of the east line
of said 81.10 Acre tract, approximately 979 feet to the northwest corner of said 34.833
Acre tract and the southwest corner of the Susan K. Woerner, Trustee, 48.526 Acre tract
(Official Record 194, Page 194);
Thence, easterly, along a north line of said 34.833 Acre tract and the south line of said
48.526 Acre tract, approximately 1,329 feet to the northeast corner of said 34.833 Acre
tract, southeast corner of said 48.526 Acre tract and the west line of the Periodical
Charter & Leasing, Inc. 96.759 Acre tract (Deed Book 312, Page 340);
Thence, southerly, along the east line of said 34.833 Acre tract, part of the east line of
said 32.142 Acre tract, part of the west line of said 96.759 Acre tract, approximately .
1,325 feet to the southwest corner of said 96.759 Acre tract;
Thence, easterly along part of the north line of said 56 Acre tract and a south line of
said 96.759 Acre tract, approximately 960 feet to the intersection of said line with the
Union County-Franklin County Line;
Thence, southerly, along said county line, across said 56 Acre tract and along said
existing corporation line (Ordinance No. 13-73) approximately 2,124 feet to the place of
beginning CONTAINING APPROXIMATELY 140 ACRES.
The foregoing description was prepared from records only.
(28112200)
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~'roposed Area Rezoning Case 02-067 "Exhibit E1" nrr.r-,~.EB-
N LEGEND JUL 1 - 200
Land annexed under Ordinance #76-01 proposed tar rezoning ~ I ~ n~_/~( ry~
to the Dubtin R, Rural category \T}/ rrl/ ~U/ B L I N
NTS Current Dublin City Boundary
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EXHIBIT "B"
REZONING APPLICATION
(Code Section 153.234)
EXPIRE
.c!-r~tttt--?~r~l~€.t:~ ORDINANCE NO. ~~~-"02
Divisan of Planning
5800 Shier-Rings Rood
Dablin,ohioa3016-1236 CITY COUNCIL 1ST READING 7 a ~
Phone/fDD:614.410-4600 CITY COUNCIL PUBLIC HEARING
faz:614.761-6566 CITY COUNCIL ACTION
Web Site: vrww.dublin-oh.us
FOR OFFtGE USE ONLY
Amount Received: Application No: P8~Z Date(s): P8Z Action:
N/A_ O~-~CQZZ-_ - - -
Receipt No: MIS Fee No: Date Re~ce~ived: Received sy:
N/A /tJ - -1- _
Type of Request:. ReZOning
NOTE: Applicants are highly encouraged to contact the Division of Planning at 410-4600 for assistance to discuss the P&Z review process
prior to submitting a formal application.
I. CHECK THE TYPE OF APPLICATION:
? Composite Plan (§153.058)
? Preliminary Development Pian (§153.056)
¦ Other (Please Describe) Rezoning for properties annexed under Ordinance # 76-01
PROPERTY INFORMATION:
Parcel size: 140 acres (4 parcels)
Tax ID/Parcel Number: 1370000036000, 1370000037000, (Acres) See attached map (Ordinance 76-01)
1370000041000, 1370000049000 "Exhibit E1 "
Property Address: 0000 HYLAND-CROY RD, 00000 HYLAND-CROP, 00000 HYLAND-CROY, 8205 AVERY
ROAD (all properties listed in Ordinance # 76-~1) _ _
- -F HYLAND-CROY ROAD - - - ~ ~ ~ - ~ ~ ~ - - - -
Side of Street (N, S, E, w): EAST O
_
- _ .
-
Nearest Intersection: 'HYLAND-CROY ROAD AND MITCHELL-DEWITT ROAD b n CC C
--f1~~C.~V~Q- -
Distance from Nearest Intersection:: 1,200 FEET, N, S, E, W (Circle) from Nearest Intersecltion
- -
- - - -
- - -
- CJ
Existing Land Use Development AgrlCUltural, Residential
- - ---CITY - F - - L~ -
Proposed Land Use Develo meat: A I'ICUItUral, Residential
p 9
- - - - - - -g - - - - - - - -Number of Acres to be Rezoned: -
Current or Existing Zoning District: Requested Zonin District:
U-1, Rural (Jerome Township) R, Rural (Dublin Zoning District) _ 140
Rezoning Application Page 1 of 5 PLA-108 Date 09/19/01
III. Rezoning Statement: ~~~-_._.^-_.______~_T_-.
State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity.
These properties were recently annexed to the City under annexation Ordinance #76-07.
This annexation went into effect prior to the approval of emergency legislation (Ordinance
52-02), which rezones annexed land to the Dublin R-Rural category. This properfy must
therefore undergo a separate City-sponsored rezoning to establish Dublin zoning. This
application will set forth the provisions of Code Section 153.004 (D) to rezone land as
soon as practicable.
State briefly how the proposed zoning and development relates to the Dublin Community Plan.
N/A
Previous Application: ears?
Has an application for rezoning the property been denied by the City Council within the last two (2) y
No
If Yes, When?
State the basis of reconsideration:
N/A
. -
IF APLANNED DISTRICT IS REQUESTED, IS A COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ? NO ¦
IF A PLANNED,DISTRICT IS REQUESTED. IS THE PROPOSED DEVELOPMENT TEXT ATTACHED? YES ? NO ¦
DECEIVED
JUL l_ - 2002
CITY OF DUBLIN
PlA-108 Date 09/19/01
Page 2 of 5
Rezoning Application
IV. PLEASE SUBMIT THE FOLLOWING:
~ TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATION AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION
~ 14 COPIES OF LEGAL DESCRIPTION
Legal description of the property to be zoned consists of 3 page(s) ~ ~X H ~
See attached
14 SETS OF A SCALED, SITE/STAKING PLAN (NOT GREATER THAN 24" x 36") AND 14 SETS OF REDUCED SITE DRAWING(S)
~ (NOT GREATER THAN 11" X 17") SHOWING:
a. The site and all land 500 feet beyond the boundaries.
b. North arrow and bar scale.
c. Locations, size, and dimensions of all existing and proposed conditions and structures (significant natural features, landscaping,
structures, additions, decks, access ways, parking).
d. Proposed Uses (Regional transportation system, densities, number of dwellings, building/unit types, square footages, parking/open
space, etc.).
e. Existing and proposed zoning district boundaries.
f. Size of site in acres/square feet; and
g. All property lines, setbacks, street centerlines, rights-of-way, easements, and other information related to the site
~ 14 COPIES OF COUNTY OWNERSHIP MAP (NOT LESS THAN 81/2" X 11"AND NOT MORE THAN 16" X 20)
p FOR SIGNS, 14 COPIES OF ACCURATE, SCALED DRAWINGS SHOWING:
a. Location of sign and sign type (wall, ground, projecting, or window)
b. All dimensions of sign, including letter sizes and proposed distance from sign to grade
c. Proposed copy layout and lettering styles (fonts)
d. Materials and manufacturer to be used in fabrication
e. Total area of sign face (including frame)
O 14 SETS OF SCALED, DETAILED ARCHITECTURAL ELEVATIONS (IF APPLICABLE)
~ MATERIAL AND COLOR SAMPLES (color chips, photos, plans or brochure of product information). Include manufacturer name and number..
~tECEiVED
JUL i - 2002
CITY OF DUBLIN
Rezoning Application Page 3 of 5 PLA-108 Date 09/19/01
CONTIGUOUS PROPERTY OWNERS: -
List all neighboring property owners within 300 feet from the perimeter of the property. Information must be in accordance with the County
Auditor's current tax list. Electronic copies of property owner lists are encouraged. (Use additional sheets as necessary.)
PROPERTY OWNER MAILING ADDRESS CITY/STATE/ZIP CODE
(not Mortgage Company or Tax Service) - - - - - -
M/1 SCHOTTENSTEIN HOMES lNC 3 EASTON OVAL COLUMBUS, OHIO 43219
C/O STEVEN CAPLINGER
SABRA L & WILLIAM MINYARD 8698 HYLAND-CROP RD PLAIN CITY, OHIO 43064
WILLIAM F & SUSAN E BYNNER 8675 HYLAND-CROP RD PLAIN CITY,OHIO 43064
-
-
PHILIP M & PATSY L WANEK 8668 HYLAND-CROP RD PLAIN CITY, OHIO 43064
-
BARBARA STROBLE 8622 HYLAND-CROP RD PLAIN CITY, OHIO 43064
- -
8755 HYLAND-CROP RD PLAIN CITY, OHIO 43064
BRIAN W FOULKE
-
8600 HYLAND-CROP RD PLAIN CITY, OHIO 43064
KEVIN D MULLINS
PLAINCITY, OHIO 43064
ROBERT S MIDDLESTEAD 8765 HYLAND-CROP RD
-
- - - - -
DONALD ABYNNER 8789 HYLAND-CROP RD PLAIN CITY OHIO 43064
AMERICAN ITALIAN GOLF 8205 AVERY ROAD DUBLIN, OHIO 43017
ASSOCIATION - - ~
8789 HYLAND CROP RD PLAIN CITY, OHIO 43064
MARLA FOULKE
PLAINCITY, OHIO 43064
CHARLES E & CAROLE W 8911 HYLAND CROP RD
BYNNER -
JAMES ANNA E & SHOEMAKER 9756 HYLAND CROP RD PLAIN CITY, OHIO 43064
JON C _ _ _ -
-
- - -
- -
' ~~L 150 WESY BRIDGE STREET ~ DUBLIN, OHIO 43017
B~AftD 6~~=DU~:~~IUN D1ST
H AF~D
----------------R.~G E I V.E-...-...-------------------------
JUL i - 1U~2
CITY OF DUBLIN
Page 4 of 5 PIA-108 Date 09/19/01
Rezoning Application
VI. PROPERTY OWNER /APPLICANT INFORMATION:
Current Property Owner/Applicant:
Initiated by the City of Dublin, c% Marsha Grigsby, Interim City Manager
Mailing Address:
(Street, city, State, zip Code) 5200 Emerald Parkway Dublin, Ohio 43017
Daytime Telephone: Fax:
VII. OWNER'S REPRESENTATIVE INFORMATION:
Representative if different from property owner or applicant:
(Also complete Section IX) City of Dublin, c% Barbara M. Clarke
Mailing Address:
(street, city, State, zip coae> 5800 Shier-Rings Road, Dublin, Ohio 43016 _ _
- - -
Daytime Telephone: 614.410.4600 Fax: 614.761.6566
VIII. PRIMARY CONTACT: _.________----_-__--__W._--_.~...__....-
Who is the primary contact person?
(If different from Owner's Representative and Applicant) Barbara M. Clarke
IX. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are necessary in order to
process this application. The Owner/Applicant hereby authorizes City representatives to visit, photograph and post a notice on the
property described in this application.
X. UTILITY DISCLAIMER: The City of Dublin will make every effort to provide essential services to the property as needed. However,
the rapid growth of the City of Dublin and northwest Franklin County has stretched the City's capacity to provide these services to the
limit. As such, the City of Dublin may be unable to make all or part of said facilities available to the applicant until some future date.
The ApplicanUOwner acknowledges that approval of this request for rezoning by the Dublin Planning and Zo ing Commission and/or
Dubtin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential
services such as water and sewer facilities when needed by said Applicant.
XI. OWNER AUTHORIZATION FOR AGENT/REPRESENTATIVE: _~Y._._...-.
the owner/applicant,
I,
hereby authorize
to act as my agenUrepresentative in all matters
pertaining to the processing and approval of this application including modifying the project, and I agree to be bound by all
representations and agreements made by the designated-agent__~____
Date:
Signature of Current Property Owner:
.._.I~.E~~!_V_ED..___..._._
XII. -APPLICANT'S-AFFIDAVIT:---------°---...----•-•----------•------------------•-----...--....----....--•--•----••----...----.-.----------------....----.--_..__~U~._-1--- --2002.-._.----...-----...----
~-a•T-v L
1. ~ Marsha Grigsby r ATV n F n U B{ e
IicanUauthorized representative, have read and understand the contents of this application. The information contained in t is
app
application, attached exhibits and other information submitted is complete and in all respects true and correct, to the best o my
knowledge and belief.
Date:
Signature of Applicant or
Authorized Representative:
da of ~ , 20Q.~_.
SubscS~~ed and sworn to before me this ~ Y
_ A ~
r v, ~ NOTARY PUBUC, STATE Of OHIO
" = 1.1Y COMMISSION EXPIRES MAY 19, 2004 Page 5 of 5 PLA-108 Date 09/19/01
ReiO, 4 a`8rl
~~~~r~lF,°F,~~~°"~`
~jG ~
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
_crr~ qtr 111 ~;1.u SEPTEMBER 19, 2002
Division of Planning
a,~~00 Shier-Rings Road
D ,Ohio 43016-1236
Phr~:~»DD: 614-410-4600
Fax: 614-761-6566
Web Site: www.dublin.oh.us
The Planning and Zoning Commission took the following action at this meeting:
2. Rezoning 02-0672 -Rezoning of Land Annexed under Ordinance 76-01
Location: Four parcels comprising an area of approximately X140 acres, as annexed
from Jerome Township in 2001, generally located east of Hyland-Croy Road, 2,200 feet
north of Mitchell-Dewitt Road.
Existing Zoning: U-1, Rural District (Jerome Township).
Request: Review and approval of an ordinance to establish Dublin R, Rural District
zoning consistent with the provisions of Ordinance #52-02.
Property Owners: Norman I. Malik, 1315 Kingsgate Road, Columbus, Ohia~13221;
George & Mary Bakallis, 8643 Birgham Court South, Dublin, Ohio 43017; and American
Italian Golf Association 8205 Avery Road, Dublin, Ohio 43017.
Applicant: City of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway,
Dublin, Ohio 43017.
Staff Contact: Gary Gunderman, Assistant Planning Director and Anne Wanner,
Planner.
MOTION: To approve this rezoning application because it assigns an appropriate Dublin zoning
classification to provide for the effective administration of development standards, procedures,
etc., maintains the established development pattern, and assures ongoing responsibility within the
City to protect the health, safety, and welfare of its citizens.
VOTE: 7-0.
RESULT: This rezoning application was approved. It will be forwarded to City Council with a
positive recommendation.
STAFF CERTIFICATION
~ ~ ~ ~
Barbara M. Clarke
Planning Director A~ BUBRI[61'1- -s- ~ ~r=a~
t•
Dublin Planning and Zoning Commission
Staff Report -September 19, 2002
Page 5
2. Rezoning 02-0672 -Rezoning of Land Annexed under Ordinance 76-01
Location: Four parcels comprising an area of approximately f 140 acres, as annexed
from Jerome Township in 2001, generally located east of Hyland-Croy Road, 2,200 feet
north of Mitchell-Dewitt Road.
Existing Zoning: U-1, Rural District (Jerome Township).
Request: Review and approval of an ordinance to establish Dublin R, Rural District
zoning consistent with the provisions of Ordinance #52-02.
Property Owners: Norman I. Malik, 1315 Kingsgate Road, Columbus, Ohio 43221;
George & Mary Bakallis, 8643 Birgham Court South, Dublin, Ohio 43017; and American
Italian Golf Association 8205 Avery Road, Dublin, Ohio 43017.
Applicant: City of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway,
Dublin, Ohio 43017.
Staff Contact: Anne Wanner, Planner.
BACKGROUND:
On the advice of Dublin's Law Director, staff is conducting a systematic establishment of Dublin
zoning on all parcels annexed into Dublin. The Planning Division is responsible for compiling
and processing these "area rezoning" applications. The first major area rezoning was undertaken
last year, and it covered the Northeast Quadrant of Dublin. City Council introduced the second
such area rezoning in the Southwest Quadrant on April 8, 2002, which is still pending.
On April 8, 2002 City- Council passed Ordinance 52-02, providing for the automatic fezoning of
newly-annexed township property to the Dublin R, Rural District. All new annexations, with an
effective date after April 8, 2002, are automatically classified with Dublin R Rural District
zoning. The subject site was annexed on August 22, 2001 and has not been rezoned since
annexation. Ordinance 105-02 was introduced at the July 22, 2002 Council meeting to change
the site's Township (U-1, Rural District) zoning to the Dublin Rural District zoning.
After the Planning Commission makes its recommendation, the case will be forwarded to City
Council for a public hearing and final vote. With a positive recommendation from the
Commission, a simple majority vote is required for passage. A negative Commission
recommendation requires five votes for passage. If the ordinance is approved, it will take effect
in 30 days.
CONSIDERATIONS:
Site Characteristics:
The subject area is comprised of four parcels, covering a total area of approximately 140
acres. The most northerly parcel is 34.8 acres of open vacant land. The next parcel
south contains several agricultural buildings used primarily for horses and has 32.1 acres.
The central parcel of 8 acres contains one home. The remaining 65.2 acres is the back
(west) portion of the Riviera Golf Course.
To the north and east of the area is vacant land inside the City. To the southeast is the
front half of the Riviera Golf Course, along Avery Road, which was annexed in 1973.
Dublin Planning and Zoning Commission
Staff Report -September 19, 2002
Page 6
Land directly to the south is unincorporated and includes two large-lot, single-family
estates within Jerome Township. Land to the west includes additional single-family
estates and farmland outside the city. Hyland-Croy Road also bounds some portions of
the western edge of the site.
The four parcels carry the Jerome Township zoning of U-1, Rural District. The table
attached compares permitted uses, conditional uses, and basic development standards of
the current township U-1 zone and the proposed Dublin zoning. The most typical
permitted uses occurring in either zoning include: agriculture, low density residential
which refers to farm residential housing units, and isolated residential development.
Conditional uses are listed in attached Table. Other Planned Unit Development uses are
' also permitted and include: residential, commercial, and public or quasi-public uses that
can be used individually or in combination with one another.
A conditional use permit from Jerome Township was issued on May 12, 1969 for the
western portion of the Riviera Golf Course. In Dublin, the conditional use will be
retained as a legally non-conforming use. It is subject to the provisions of Section
153.004 of the Dublin Zoning Code.
• Currently, two of the four parcels retain single-family homes. However, the majority of
the 140 acres is undeveloped, and the 65.23 acres are used for the Riviera Golf Course.
A letter was mailed to the affected property owners listed in this application. It is
attached, and it outlines the circumstances, procedures, and proposed zoning, as well as
dates for public meetings. Staff held an informational meeting on July 24, 2002, for the
property owners listed in this rezoning application. No residents or property owners
attended this meeting.
Community Plan, Land Use and Zoning Issues:
On August 12, 2002, City Council amended the Future Land Use map (Map 8) of the
Community Plan. All portions of this 140-acre site are now listed on the Community
Plan as "Residential -Medium Density (1-2 dwelling units per acre)." Previously,
portions of this area had been indicated as potential Metro Park on the Community Plan.
Implementation of this rezoning will ensure conformity with all adopted Dublin
standards, protecting the health, safety, and welfare of the residents.
This rezoning is primarily a housekeeping issue. And will not have an immediate impact
on the majority of the surrounding residents and property owners. Legally non-
conforming uses cannot be expanded, and they cannot be re-established after being
discontinued for a period of two years.
Even without Dublin zoning, most of Dublin's development standards would apply. A
1976 ordinance requires adherence to Dublin standards, wherever they are stricter,
following annexation. However, the failure to establish Dublin zoning on the property
makes administration and enforcement difficult for staff, and difficult and confusing for
landowners.
Development Standards:
The Table illustrates the zoning comparisons for the proposed Dublin R, Rural District listed in
and the township U-1, Rural District. Generally, more permitted and conditional uses are listed
in the Dublin Rural District. Restrictions listed for minimum lot sizes and widths, and minimum
yard dimensions are more restrictive in the Jerome Township regulations.
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Dublin Planning and Zoning Commission
Staff Report -September 19, 2002
Page 7
Utilities:
New development on any of these parcels must comply with adopted stormwater
management regulations for the City of Dublin.
Currently, no municipal water and sanitary services reach these properties. Wells or on-
site septic tanks currently serve them and this rezoning action will not affect utility
services in place or any planned for the affected area. If additional development takes
place on these parcels, utility extensions will be needed. Development of the Jerome
High School will extend a 12-inch sewer line and a 16-inch water line to almost the
southwestern corner of this annexation area.
STAFF RECOMMENDATION
At annexation, this property was not placed in any Dublin zoning classification. This application
is City sponsored and follows the policy of Ordinance 52-02 to establish the R, Rural District for
newly-annexed land. Dublin's Law Director has requested that systematic rezoning measures be
undertaken to establish "Dublin zoning" throughout the municipality, and this constitutes on of
those measures. It is advised that this rezoning will resolve any Code enforcement problems
arising from Township classifications and inconsistencies within the Dublin zoning map. This
action provides proper zoning for a recent annexation and is primarily a housekeeping effort.
Following these area rezonings, staff will finalize and present an official revision of the Dublin
Zoning map to City Council.
Bases:
1) This rezoning will provide an appropriate Dublin zoning classification to land within
the City limits to provide for the effective administration of development standards
procedures etc.
2) The rezoning will maintain the established development pattern that has been in place
for many years and establishes land uses consistent with those listed in the
Community Plan.
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City of Dublin o2-o67z
Hyland-Croy Road Area Rezoning 0.07 0 0.07 Miles
Division of Planning Annexed by Ordinance 76-01 N
Dublin Planning and Zoning Commission
Meeting Minutes -September 19, 2002
Page 4
2. Rezoning 02-0672 -Hyland-Croy Road Area Rezoning (Annexed by Ordinance 70-01)
Gary Gunderman said this is an area rezoning for 140 acres along Hyland-Croy Road. He
showed a PowerPoint presentation. This area is currently zoned U-1 (Jerome Township zoning
classification) and rezoning to Dublin's R, Rural District is proposed. In April, City Council
passed an ordinance that automatically rezones new annexations to the R, Rural District. This
area was annexed just prior to the effective date of that ordinance.
He said the property in the southeasterly corner is the back end of the Riviera Golf Course. Mr.
Gunderman said a summary chart was included in the Commission packet which compared the
U-1 and R Districts. He said for the most part, they are compatible zones.
Mr. Gunderman said staff scheduled an informational meeting for the property owners, but no
one attended. Notices were sent, but there were no calls and no one is present tonight. He said
this rezoning will provide an appropriate Dublin zoning classification and facilitate effective
administration of development standards, procedures, etc.
Mr. Messineo said in comparing the two districts, the U-1 side yard is 20 feet and R, Rural is
only eight feet, which seemed small.
Mr. Messineo asked if two homes could potentially be eight feet apart. Mr. Gunderman said yes.
Ms. Clarke said staff could address that when they rewrite the Code.
Ms. Boring suggested a third bases be added: That this rezoning will assure ongoing
responsibility within the City to protect the health, safety, and welfare of its citizens.
Mr. Gerber made a motion for approval because this rezoning assigns an appropriate Dublin
zoning classification to provide for the effective administration of development standards,
procedures, etc., maintains the established development pattern, and assures ongoing
responsibility within the City to protect the health, safety, and welfare of its citizens.
Mr. Zimmerman seconded the motion, and the vote was as follows: Mr. Ritchie, yes; Ms.
Boring, yes; Mr. Sprague, yes; Mr. Saneholtz, yes; Mr. Messineo, yes; Mr. Zimmerman, yes; and
Mr. Gerber. (Approved 7-0.)
The meeting was adjourned at 7:08 p.m. Respectfully submitted,
Libby Farley, Administrative Secretary
Planning Division
July 15, 2002
George. & Mary Bakallis
8643 Birgham Court South
Dublin, Ohio 43017
Parcel Number #1370000037000
..CITl OF DU[1LIN
Dear George & Mary Bakallis:
" Division of Planning
5800 Shier-Rings Road On July 23, 2001 the Dublin City Council approved the annexation of parcels noted in
Fublin, Ohio 43016-1236 bright pink on the attached map. This annexation became effective 30 days later. Annexations
Phone/fDD:614-410-4600 effective within the last two months have been subject to the provisions of Ordinance #52-02
Fax: 614-761-6566 (effective April 8, 2002), which automatically rezones land upon annexation to Dublin's R, Rural
Web Site: www.dublin.ah.us category. Since this land was annexed prior to this ordinance it still retains its Jerome Township
zoning category. The City of Dublin has begun the process to systematically rezone over 200
properties that still carry township zoning to a Dublin zoning classification. This rezoning will
ensure on-going responsibility within the City to protect the health, safety, and welfare of its
citizens.
.According to Township records, your property is currently zoned U-1, Rural District
(Jerome Township). It is proposed that the classification be changed to the Dublin R, Rural
District consistent with intent of Ordinance #52-02. The impacts of this rezoning will vary from
property to property, and will depend upon the current uses of the property, but for most
properties the impact will be minimal. The basic regulations for a Dublin R are attached for your
reference.
Ordinance #105-02 initiating this zoning change will be introduced at the July 22, 2002
Dublin City Council meeting. It will then be referred to the Planning and Zoning Commission for
a recommendation, and it will be considered at a public meeting. After the Commission makes its
recommendation, it will be forwarded to City Council for a public hearing and final vote. You
will be notified of both the Planning and Zoning Commission and City Council meetings.
We understand that there may be questions regarding this change, and an informal forum
h for questions and feedback on this City-sponsored rezoning is planned for: Wednesday, July 24,
2002 at the Dublin Community Recreation Center, 5620 Post Road -Meeting Room 1
(second floor of the DCRC) from 6:30-8:30 p.m. This meeting will give additional information
to the property owners about this rezoning and the City welcomes all inquiries. Please call Anne
Wanner, the staff planner assigned to this case, at 410-4656, or e-mail her at
awanner~a dublin.oh.us if you have further questions or clarifications. We value your input in this
process. Please join us if you can!
Very truly yours,
~ / fff!
Barbara M. Clarke Stephen J. Smith
Planning Director Law Director
City of Dublin City of Dublin
(614) 410-4600 (614) 462-2249
Attachments
02-0672
City of Dublin, Division of Planning, 5800 Shier-Rings Road
TDD: 614-410-4600 Fax: 614-761-6566 Hyland-Croy Road Area Rezoning
Annexed by Ordinance 76-01
RECORD OF PROCEEDINGS
Minutes of publin City Coundl Page 11 Meeting
July 22, 2002 (I
Held 19 ~
Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-
Zuercher, yes; Mrs. Boring, yes; Mayor McCash, yes.
Mrs. Boring introduced Ordinances 105-02 through 108-02 and moved refercal to Planning
& Zoning Commission.
Mr. Ledclider seconded the motion.
Vote on the motion: Mr. Kranstuber, yes; Ms. Chinnid-Zuercher, yes; Mayor McCash, yes;
Mrs. Boring, yes; Mr. Ledclider, yes; Mr. Reiner, yes.
Ordinance 105-02 - An Ordinance to Establish Dublin Zoning for Five Parcels
Comprising an Area of Approximately 140 Acres, as Annexed from Jerome Township
in 2001, Generally Located East of Hyland-Croy Road, 2,200 Feet Notth of Mi~chell-
Oewitt Road, as R. Rural District. (Case No. 02-0672) (Applicant: City of Dublirt)
106-02 - An Ordinance to Establish Oubiin Zoning for Approximately 42.387 Acres,
as Annexed from Concord Township In 2002, Generally Located East of Oublin Road,
Approximately 700 Feet South of Glick Road, as R, Rural OistricL (Case No. 02-068Z)
(Applicant: City of Dublin) -
Ordinance 107-02 - M Ordinance to Establish Oublin Zoning for 27 Parcels
Comprising an Area of Approximately 36.29 Acres, as Annexed from Washington
Township in 2001-2002, on the East and West Sides of Dublin Road, as R-1,
Restricted Suburban Residential District. (Case No. 02-0692) (Applicant: City of Oublin)
Ordinance 108-02 - An Ordinance to Establish Dublin Zoning for Three Parcels
Comprising an Area of Approximately 28.4 Acres, as Annexed from Washington
Township In 2001, on the West Side of Cosgray Road, Approximately 975 Feet North
of Rmgs Road, as R, Rural District. (Case No. 02-070Z) (Applicant City of Dublin)
d dinance 109-02 - An Or ante Amending the 199 ommunity Plan. (Case No.
0 65 -ADM -Revision of 8 -Future Land Use)
Mrs. oring introduced the ordi ce.
Ms. sby stated that Ms. Clark 'ncluded a memo explaini the revisions proposed in
this or nce. Planning & Zoning mmission has already re ed the map.
Mrs. Bo asked why this would no referred to P&Z.
• Ms. Clarke ated that Councl is requir to refer rezonings to P ut this relates to a
plan amend nt, the content of which h already been reviewed b &Z. If Council
desires, the o ante can be referred to In response to Mayor ash, she noted
that the map re is the land use change fo a area north of Brand Ro and west of ~
Wellington, the o II boundary change for O tin as a result of recent a xations, and
the Glaaer Ridge o Park Master Plan.
Mr. Reiner asked for firmation of any changes residential areas.
Ms. Clarke responded t the only residential area hilted from one Gassifica to
another was the area alo Brand Road near Coffma moved from a high den
residential to a medium de 'ty residential. This was d e in response to Councl' 1
ection.
Boring asked about the ge in the Ballantrae area. I
Ms. arke responded that Balla a had the same land us reviously. The map retie
the d ides indicated in the ado d Ballantrae plan. The ov II density still falls within 1- j
2 units r acre. Council can shoo to reflect this site by site, s an overall density of
1-2 units r aae.
There will a second reading/public h ring at the August 12 Cou it meeting. I
I
INTRODUCT N & PUBLIC HEARING - SOL IONS
Mr. Smith indi d that the next five resolut s relate to the Muirfield/G
intersection. ~
Mayor McCash mo to waive the Rules of Or and to have the Clerk re into
the record the grope names only for Resolution 7-02 through 31-02, and
introduce the five resol 'ons.. ~
Resolution 27-02 - A R olution of Intent to Appr riate A 0.085 Acre, More
Less, Temporary Consfr tion Easement, from Ma and Deborah
nnaughton, Located So of Glick Road and Wes f Muirfield Drive, City
o ubiin, County of Frankli State of Ohio. (Muifield ick intersection)
Re ution 28-02 - A Resoluti of Intent to Appropriate ombined 0.030
Acre, ore or Less, Temporary onstruction Easement, f Delocis J.
Godfr Located North of Glick ad and West of Concor rive, City of
Dublin, unty of Franklin, State o hio. (Muirfieid/Glick Int ection)
Resolutio 9-02 - A Resolution of I nt to Appropriate a 0.0 cr^
Less, Temp ary Construction Easem t, from Masoud and Flo
02-0672
Hyland-Croy Road Area Rezoning
Annexed by Ordinance 76-01
RECORD OF PROCEEDINGS
.Minutes of Dublin City Council Page 5 _ Muting
Held June 25, 2001
(YEAR)
Mr. Hansley s d that if Council desires consider other alignments, now would be the
time to do so.
At this point, Mayor nstuber arrived.
rs. Boring stated that th are reasons for the prop d amendment to the
roughfare Plan. Howev roperty owners who ha lans in place which reflect the
pre t alignment of Tuttle Cr ing ought to be fully aw of the proposed changes.
It is t that in land alignment i es, Council generally me with the property owners
that wo be most effected by the nges. Often this discuss does result in changes
being ma o the original plan. Cons uently, she encourages to 'ng of the legislation
to allow time r that discussion.
Mrs. Boring m d to table Ordinance 75- to the July 23`d Council nda.
Ms. Chinnici-Zue er seconded the motion.
Vote on the motion: . McCash, yes; Mrs. Bo ' g, yes; Mr. Peterson, ye r.
Adamek, yes; Mr. Rei yes, Mayor ICranstuber, ; Ms. Chinnici-Zuerche , es.
INTRODUCTION & FIRST READING- ORDINANCES
Ordinance 76-Oi - An Ordinance Accepting the Annexation of 140+/- Acres from
Jerome Township, Union County to the City of Dublin. (Petitioner Norman L. Malik,
et al.)
Mayor ICranstuber introduced the ordinance.
Mr. Hansley stated that this land is north of the third high school site. Staff requests that
it be held for a second reading/public hearing at the July 23'~ Council meeting.
Mrs. Boring inquired if the site is in the Dublin Schools district.
Mr. Hansley stated that it is, and is planned for residential development.
Mr. McCash inquired about the relationship to the boundaries for the Metropark.
Mr. Hansley stated that this land theoretically could be on the eastern boundary of the
Metropark footprint, but he does not anticipate that the park will be extended to that
point.
Ordin ce 77-01- An Ordinan to Appropriate a 0.564 e, More or Less, Fee
Simple rest, From Warren Orden, Located North o ost Road, Township
of Jerome, ounty of Union, State o hio, and Declaring an ergency.
Mr. Adamek i oduced the ordinance.
~ Mr. Smith state at a resolution related to is property was approve the last
meeting. Staff co ues negotiations on the perty and requests that it held for a
second reading/publi Baring at the July 23` cil meeting.
Mr. Adamek inquired this was not the develo 's responsibility.
Mr. Smith stated that the veloper cannot take the p erty; only the City can d
ere is an agreement in pl for the City to be reimb ed for the cost of the
ap priation and the attorne es.
Ordin< a 78-01 - An Ordinanc esignating National Ci ank as an Additional
Eligible ository for Active Mo s of the City of Dublin t mplement a
Purchasin and Program. ~
Mr. Adamek i oduced the ordinance.
Ms. Chinnici-Z cher indicated that she ha any concens about the 1 ~ lation, and she
will call Ms. Grig to discuss them.
There will be a seco reading/public hearing at e July 23, 2001 Council ling.
Ordinance 79-01 - An finance Authorizing a erative Agreement wit fie
iio Department of Tran ortation to Complete a hway Improvement Pro ct
on Portion of Interstate 2 within the City limits o blin at No Expense to t
City Dublin.
Mr. A ek introduced the ordin e.
Mr. Han stated that this will allo ODOT to work within the ity limits to pave a
section of 0.
There will be econd reading/public he 'gat the July 23, 2001 Co
02-0672
Hyland-Croy Road Area Rezoning
` Annexed by Ordinance 76-01