65-03 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No 30043
Ordinance No. 65-03 Passed . 20
AN ORDINANCE TO ESTABLISH DUBLIN ZONING FOR 11
PARCELS COMPRISING AN AREA OF APPROXIMATELY
154 ACRES, AS ANNEXED FROM WASHINGTON AND
CONCORD TOWNSHIPS IN 1973, AND JEROME TOWNSHIP
IN 1988, LOCATED TO THE NORTH OF BRAND ROAD, ON
BOTH SIDES OF AVERY ROAD, AS: R-1, RESTRICTED
SUBURBAN RESIDENTIAL DISTRICT AND R, RURAL
DISTRICT (CASE NO. 03-0542 - NORTHWEST OF
BRAND/MUIRFIELD INTERSECTION AREA 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 o f Dublin, State of Ohio, is hereby r ezoned R-1, Restricted
Suburban Residential District and 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 , 2003.
Mayor -Presiding Officer
Attest:
Clerk of Council
Sponsor: Planning Division
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
rk of Council, Dublin, Ohio
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Division of Planning Northwest of N
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AS SUBMITTED TO COUNgL
1.F,C,F.ND
x/05 ,~3 FOR MEETINQ ON cr:6 ~ ~
CITY OF
m Dublin Boundary RECEIVED DUBLIN
® Dublin to Ashbaugh Road, North of Brand proposed for rezoning to the n2 OHIO
R-1, Restricted Suburban Residential District l/J ~5~~~
- - " County Lines ~ U ~ 0 2 2 p Q ~ ]vne 2, 2003
I" ~ CITY ~I" DUBL COMMUNITY N
EXHIBIT A Pro osed Area Rezonin Case 03-0542 0 ,Zoo Zoo
Department of Development
5800 Shier-Rings Road -Dublin, Ohio 43016
Phone: 614-410-4600 -Fax: 614--761-6566 Me1~lU
CITY OF DUBLIN .
To: Members of Dublin City Council
From: Jane S. Brautigam, City Managel(~~,,,,..~.,. 5
Date: August 11, 2003
Re: Rezoning Ordinances:
Ord. 65-03 (Case No. 03-0542 Northwest of Brand/Muirfield
Intersection),
Ord. 67-03 (Case No. 03-0562 North of Brand Road, Ashbaugh to
Dublin Road), and
Ord. 68-03 (Case No. 03-0572 River Forest)
Initiated by: Gary P. Gunderman, Assistant Director of Pla g
SUMMARY:
Consistent with the "Area Rezoning" project, these ordinances will formally establish the
Dublin R-1, Restricted Suburban Residential District for all properties except the
Muirfield Reserve. This reserve is proposed to have the R, Rural District established, due
to its undeveloped natural reserve status. [See application 03-0542.]
The staff held a public informational review of these proposals on June 25, 2003 for the
property owners. Several residents attended, gave comments, and expressed thanks to the
staff for the presentation and informational meeting.
On July 31, 2003, the Planning Commission approved each rezoning application
individually (4-0). A condition was added to Ordinance #65-03 which stated that if the
Hansel property (File no. 02-1382) rezoning application is approved by City Council,
prior to this application moving forward, that the site be deleted from this rezoning. The
PUD rezoning for the Hansel Property is still pending, and it will not be necessary to
remove it from this R-1 area rezoning.
RECOMMENDATION:
Approval of Ordinances 65-03, 67-03 and 68-03, as recommended by the Planning and
Zoning Commission.
EXHIBIT "B"
REZONING APPLICATION
(Code Section 153.234)
TO EXPIRE
~ tiro lxt ~l~t~ ORDINANCE NO. ~ ` 3
CITY COUNCIL iSTReading ~ ~
DivlslonefPla~eg CITY COUNCIL PUBLIC HEARING 8 / a3
5800 Shi~•Rings Rood
Dutdin,Ohio4301b-1236 CITY COUNCIL ACTION 03
Phone/1DD: 614410-0600
lox: 614-1b1.65bb
Web cite: www.du6lin.oh.us
FOR OFFICE tJSI± ONLY _ -
Amount Application No: P&Z Date(s):. P&Z Action,
Received: 03-0542
N/A ~9 rb U
(NI~''Brand-Muirfield~ 7' 31 ' ~3
Receipt No: MIS Fee No: Date Received: Received By:
a_o 3
Type of Request: CITY SPONSORED AREA 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.
CHECK THE TYPE OF APPLICATION: 2/11/2003
? Composite Plan (§153.058)
? Preliminary Development Plan (§153.056)
¦ Other (Please Describe)___ AREA REZONING
FAX CONFIRMATION WILL FOLLOW THE SUBMISSION OF THIS FORM
PROPERTY INFORMATION:
Tax ID/Parcel Number: 273000395, 2 73
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62, 273000414, 273000382, ~ Parcel size:
273000409, 273000407, 273000360, 273000439, ~ (Acres)
1370000018000/390002001000, 60033406033000, 60033406034000 i 154 acres
Property Address: 7030 Coffman Rd, 5900 Cromdale Drive Suite 100, 8050 Avery Rd, 733 North
Wilson Rd, 8000 Avery Rd, 6230 Brand Road, 6040 Brand Road, 8205Avery Rd
- - -
-
Side of Street (N, S, E, W):
Nearest Intersection: Bounded by Brand Road, Glick Road Hyland-Croy Roads and Murr~eld Drive.
Distance from Nearest Intersection: FEET, N S, E, W (Circle) from Nearest Intersection
-
Existing Land Use Development: Residential, Parkland
Proposed Land Use Development: Residential, Parkland
Current or Existing Zoning District _I Requested Zoning District: Number of Acres to be Rezoned:
(All Township Zoning) R-1, R ~ 154 acres
a$~~
JUf~ ~ X03
Rezoning Statement: ~3
State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity.
These properties were annexed to the City in 1973 and 1988 and must, therefore, undergo a
separate City-sponsored rezoning to establish Dublin zoning. This appllication 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:
Has an application for rezoning the property been denied by the City Council within the last two (2) years?
NO
If Yes, When?
State the basis of reconsideration: N/A
IF A PLANNED DISTRICT IS REQUESTED, IS A COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ? NO ¦
IF A PLANNED DISTRICT IS REQUESTED, IS THE PROPOSED DEVELOPMENT TEXT ATTACHED? YES ? NO ¦
IV. PLEASE SUBMIT THE FOLLOWING:
? TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES OF THE ORIGINAL APPLICATION
? 14 COPIES OF LEGAL DESCRIPTION
Legal description of the property to be zoned consists of page(s). Parcel numbers listed In this application
will serve as legal descriptions per direction from the Dublin Law Director.
? 14 SETS OF A SCALED, SITE/STAKING PLAN (NOT GREATER THAN 24" x 36") AND 14 SETS OF REDUCED SITE
DRAWING(S)
(NOT GREATER THAN 11" X 1T") SHOWING:
a. The site and all land 500 feet beyond the boundaries;
b. North arrow and bar scale;
c. Locations, size, and dimensions of all existing and proposed conditions and structures (significant natural features,
landscaping, structures, additions, decks, access ways, parking, etc.);
d. Proposed Uses (Regional transportation system, densities, number of dwellings, building/unit types, square footages,
parkinglopen space, etc.);
e. Existing and proposed zoning district boundaries;
f. Size of site in acres/square feet; and
g. All property lines, setbacks, street centerlines, rights-of-way, easements, and other information related to
the site.
? 14 COPIES OF COUNTY TAX PARCEL ID MAP: (NOT LESS THAN 8'/z" X 11" AND NOT MORE THAN 16" X 20")
Showing contiguous property owners within 500 feet from the perimeter of the area to be rezoned.
? 14 SETS OF SCALED, DETAILED ARCHITECTURAL ELEVATIONS (IF APPLICABLE)
? FOR SIGNS, 14 COPIES OF ACCURATE, SCALED DRAWINGS SHOWING:
a. Location of sign and sign type (wall, ground, projecting, or window)
b. All dimensions of sign, including letter sizes and proposed distance from sign to grade
c. Proposed copy layout and lettering styles (fonts)
d. Materials and manufacturer to be used in fabrication
e. Total area of sign face (including frame)
f. Type of illumination
? MATERIAL AND COLOR SAMPLES (color chips, photos, plans or brochure of product informatior~l 1[°Gl~"f~~uame and
number. l[~~., PP 4...
~~~j
03-OS Z
V. 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)
Timoth & El se He endetfer 6230 Brand Rd Dublin, Ohio 43016
William R & Charlotte Miller 8050 Ave Rd Dublin, Ohio 43017
ennin s & Barbara Allen 8040 Ave Rd Dublin, Ohio 43017
Ste hen Lenker 6040 Brand Rd Dublin, Ohio 43017
Count Club At Muirfield Villa e 8715 Muirfield Dr Dublin, Ohio 43017
Count Club At Muirfield Villa e 8715 Muirfield Dr Dublin, Ohio 43017
d Partnershi Llc 7964 Hol rood Ct Dublin, Ohio 43017
Mark & Deborah M Crnkovich 7957 Hol rood Ct Dublin, Ohio 43017
William & oanne Abraham 7969 Holyrood Ct Dublin, Ohio 43017
Ilee & Vera Rhimes 7981 Holyrood Ct Dublin, Ohio 43017
Franklin D & Beverl Shibler 6217Memorial Dr Dublin, Ohio 43017
Michael & Alissa Smith 6223 Memorial Dr Dublin, Ohio 43017
Robert A & Shirle A Landthorn 6229 Memorial Dr Dublin, Ohio 43017
effre & Tamm Vi h 6235 Memorial Dr Dublin, Ohio 43017
In rid ohnson 6241 Memorial Dr Dublin, Ohio 43017
MuirReld Association Inc C/O Sue Leonard 8372 MuirReld Drive Dublin, Ohio 43017
Debra Schmidhammer 6250 Balmoral Dr Dublin, Ohio 43017
Scott & Diane Buc 6242 Balmoral Dr Dublin, Ohio 43017
Kathleen Bornhorst 6234 Balmoral Dr Dublin, Ohio 43017
Richard & Donna Lesnans 6226 Balmoral Dr Dublin, Ohio 43017
Scott & Lorrie Mccar 6218 Balmoral Dr Dublin, Ohio 43017
Leo & Gretchen Mcnerl 6210 Balmoral Dr Dublin, Ohio 43017
Robert & Anne Finle 6202 Balmoral Dr Dublin, Ohio 43017
Thomas Mazurek 6194 Balmoral Dr Dublin, Ohio 43017
Charles & Linda Wallace 6186Balmoral Dr Dublin, Ohio 43017
Herbert & Theresa Bash 6178 Balmoral Dr Dublin, Ohio 43017
t }
Kenneth & Kristine Westerheide 9006EastviewDr Alli k°~ ,4 ~ 101
r "
Sat a Bharmota 8047 Cra inhall Ln Dublin, Ohio 43017
Kevin & Lasinda Lee 6209 Balmoral Dr Dublin; Oh 017
~ i e r
drew R & Maril n A Trux 6217 Balmoral Dr r'n, Cr1io ° ~ i,~,s ~;t ~ 4
Anrhnnv NBz Trina R Latona 6225 Balmoral Dr Dublin, Ohio 43017
thou N & Trina R Latona 6225 Balmoral Dr Dublin, Ohio 43017
Barbara Blanton 6233 Balmoral Dr Dublin, Ohio 43017
ichael & Donna Goldbeck 6241 Balmoral Dr Dublin, Ohio 43017
Ste hen & Doris Cove 6249 Balmoral Dr Dublin, Ohio 43017
Deborah Bartholomew 2138 Balmoral Ct Dublin, Ohio 43017
Suzan Altenbur 8002 Balmoral Ct Dublin, Ohio 43017
Giuliani Construction Co Inc 5031 Red Bank Rd Galena, Ohio 43021
Steven & Rammanda Walsh 8016 Cra mhall Ln Dublin, Ohio 43017
Steven & Linden Madara 7999 Cra,~inhall Ln Dublin, Ohio 43017
Mark & Tamara Keiffer 8007 Cra inhall Ln Dublin, Ohio 43017
n & on Karvas 8015 Cra inhall Ln Dublin, Ohio 43017
effre & Anne Prickett 8023 Cra inhall Ln Dublin, Ohio 43017
Built B Baxter Inc 9297Lenwick Dr Dublin, Ohio 43017
ose h &Odette Kardek 8039 Craginhall Ln Dublin, Ohio 43017
ilda Huan & Yin Li 6176Haddo W Dublin, Ohio 43017
dvanced Precast Buildin S stems Llc Po Box 2055 Dublin, Ohio 43017
rich & Wend Stohr 6269 S Muirloch Ct Dublin, Ohio 43017
Kevin & Aida Garri 6261 S Muirloch Ct Dublin, Ohio 43017
Michael & udith Galeano 6253 S Muirloch Ct Dublin, Ohio 43017
Rhonda & Anthon Ransdell 6245 S Muirloch Ct Dublin, Ohio 43017
drew & Susanne Hillier 6237 S Muirloch Ct Dublin, Ohio 43017
Terri Kuharik 7738 Wryneck Dr Dublin, Ohio 43017
Fann & Edward Ho 7744 Wryneck Dr Dublin, Ohio 43017
Fred & Bonnie Purd 7750 W neck Dr Dublin, Ohio 43017
Satish K& A arna Kal ant 7756 Wryneck Dr Dublin, Ohio 43017
Timoth & Ruthanne M ers 7760 Hawks Nest Dr Dublin, Ohio 43017
Eddie & Yolanda Arnold 7765 Hawks Nest Dr Dublin, Ohio 43017
Shaft KAlam & Sabrina A Khondaker 6122 W Quin Abbey Ct Dublin, Ohio 43017
Robert Burda 6114 W Quin Abbey Ct Dublin, Ohio 43017
Godfre -Chambers Homes Inc 6106 W Quin Abbe Ct Dublin ~ ~ ~ ~ ~ s ;~3 I~
dvanced Precast Bulldin S stems Llc 6098 W Quin Abbe Ct Dublin, Ohio 43017
..y
dvanced Precast Bulldin S stems Llc 6090 W uin Abbe Ct Dublin Ohio 2
1 S ti,E ~ e a
r
evin & Annette Schlessel 6066E Quin Abbe Ct Dublin, Ohio 43017
L HLtd 6058 E Quin Abbe Ct Dublin, Ohio 43017
ohn & Kath Warner 6050 E Quin Abbe Ct Dublin, Ohio 43017
dvanced Precast Buildin S stems Llc 6042 W Quin Abbe Ct Dublin, Ohio 43017
Ste hanie & ohn Haas 6255 Cha el Wa Ct Dublin, Ohio 43016
ohn & Eileen Farrell 6263 Cha el Wa Ct Dublin, Ohio 43016
Har & Theresa Freind 6268 Macken Ct Dublin, Ohio 43016
Timoth Thom son 6260 Macken Ct Dublin, Ohio 43016
avid & Kath Re olds 6252 Macken Ct Dublin, Ohio 43016
Carol & Charles D er 6253 Macken Ct Dublin, Ohio 43016
ohn & Kath H el 6261 Macken Ct Dublin, Ohio 43016
ei Zhan Mei Fen 6269 Macken Ct Dublin, Ohio 43016
L nn Battista 8166 Shannon Glen BI Dublin, Ohio 43016
effre & Valerie Kaser 8158 Shannon Glen BI Dublin, Ohio 43016
Kevin & Edie Sullivan 6258 Bono Ct Dublin, Ohio 43016
Clive Clifford 6250 Bono Ct Dublin, Ohio 43016
David Weaver 6251 Bono Ct Dublin, Ohio 43016
Ha am Ma ued 6259 Bono Ct Dublin, Ohio 43016
Ste hen & Michelle Smith 8142 Shannon Glen BI Dublin, Ohio 43016
Mikan & Tanzina Shams 8134 Shannon Glen BI Dublin, Ohio 43016
Barbara Yuzwa 8126 Shannon Glen BI Dublin, Ohio 43016
William & Am Coontz 8118 Shannon Glen BI Dublin, Ohio 43016
Dou las & Kim Moser 8110 Shannon Glen BI Dublin, Ohio 43016
Paul & Patricia Liosis 8102 Shannon Glen BI Dublin, Ohio 43016
Sand Ricciardi 8095 Shannon Glen BI Dublin, Ohio 43016
Dane & Christine Webster 8103 Shannon Glen BI Dublin, Ohio 43016
William & S Ivia Hoskinson 8111 Shannon Glen BI Dublin, Ohio 43016
United Methodist Church Of Dublin 6305 Brand Rd Dublin, Ohio 43016
Ral h & Inez Pa lieri 8000Ave Rd Dublin, Ohio 43017
t
VI.
Current Property Owner/Applicant:
Initiated by the City of Dublin, %Jane Brautrgam,,CityManager
Mailing Address:
(street, city, state, zip code) 5200 Emerald Parkway Dublin, Ohio 43017
Daytime Telephone: 614.410.4400 Fax: 614.410.4490 ~M
VII. OWNER'S REPRESENTATIVE INFORMATION:
Representative if different from property owner or applicant: City ofDublln, % Barbara M. Clarke
(Also complete Section IX)
Mailing Address:
(street, Daytime Telephone; City, state, zip code) 5800 Shier-Rings Road, Dublin, Ohio 43016
Daytime Telephone; 614.410.4600 ~ Fax: 614.761.6566
E-MAlL ADDRESS IF AVAIi.AE3LE: bclarke@dublin.oh.us
VIII. PRIMARY CONTACT:
Who is the primary contact parson? i
(If different from Ovdner'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 Ceunty has stretched the City's capacity to provide these services to the
limit. As such, the City of Dublin may be unable to make ail or part of said facilities available to the applicant until some future date. The
ApplicanUOwner acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or Dublin
City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such
as water and sewer facilities when needed by said Applicant.
XI. OWNER AUTHORIZATION FOR AGENT/REPRESENTATIVE:
i, ~ ~ ,the owner/applicant, hereby
atlthorl2e
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
re resentations and a reements made b• the desi Hated a ent.
Signature of Current Property Owner: Date:
XII. APPLICANT'S AFFIDAVIT: _ _ ~
I, ,Tape Brautigam the
applicanUauthorized representative, have read and understand the contents of this application. The information contained in this
application, attached exhibits and other infarmation submitted is complete and in all respects true and correct, to the best of my
knowledge and belief.
Signature of Applicant or Date:
Authorized Representative~~q~~ S, a~~ ~ ~
v
.~y~,/]
Subscribed and sworn to before me this __--_...-.--day of Ll.tl zo....__._
Notary Public _ . _
•'~(P S' PI A-108 Date 05/3)/03
Rezoning Application Paye 6 of 6 r,
2p 'RIA~ c~,91~
DEAN A. HEND~ ,
Notary Public, S i y_.
':,tf'j, u, p ~ MY Commission Expires
~s @ ~:r
03 - ~5~z
_ a,
,
Office of the City Manager
5200 Emerald Pazkway -Dublin, Ohio 43017-1006
Phone: 614-410-4400 -Fax: 614-410-4490 ~ ^ ~ O
CITY OE DUBLIN . C
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manage~a.,,.~ ~ ~j~~t..~c~,-~
J
Date: June 9, 2003
Re: Rezoning Ordinances:
Ord. 65-03 (Case No. 03-057Z),
Ord. 66-03 (Case No. 03-OSSZ),
Ord. 67-03 (Case No. 03-056Z), and
Ord. 68-03 (Case No. 03-0572)
Initiated by: Barbara M. Clark , erector of Planning ~~(>-C,
SUMMARY:
As part of the on-going "Area Rezoning" project these rezoning applications will
establish Dublin zoning for properties north of Brand Road, west of Dublin Road and east
of Hyland-Croy Road. These properties, listed in Ordinances 65-03 66-03, 67-03, and
68-03, include "estate-lot" residential properties, parkland, the eastern half of the Riviera
Golf Course, and the entire River Forest subdivision.
Although this systematic rezoning method is very time-intensive undertaking, progress is
being made. The goal is to have this project completed by the end of the yeaz.
An introductory letter was mailed this week to all of the affected landowners, along with
the applicable zoning regulations and a copy of the attached map(s). An informal
question and answer forum for these residents is scheduled for June 25, 2003.
RECOMMENDATION•
Introduction of the ordinance and referral to the Planning and Zoning Commission is
requested.
EXHIBIT C
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
JULY 31, 2003
,.crr~~ or u~!~l,l>y
Division of Planning
SR00 Shier-Rings Road The Planning and Zoning Commission took the following action at this meeting:
Ohio 43016-1236
Ph DD:614-410-4600 3. Area Rezoning Application 03-0542 - Northwest of Brand/Muirfield
fax: 614-761-6566 Intersectio n
Web Site: www.duhlin.oh.us Location: 11 parcels comprising an area of approximately 154 acres, as annexed
from Washington and Concord Townships in 1973, and Jerome Township in 1988,
generally located to the north of Brand Road, and on both sides of Avery Road.
Existing Zoning: Township Districts.
Request: Review and approval of an ordinance to establish Dublin R-1, Restricted
Suburban Residential District and R, Rural District zoning.
Property Owners: Dublin Local School Board of Education, 7030 Coffman Road;
Lenker and Larson Ltd., 5900 Cromdale Drive, Suite 100; William and Charlotte
Miller, 8050 Avery Road; Ralph and Inez Paglieri, 8000 Avery Road; Elyse and
Timothy Hegenderfer, 6230 Brand Road; Stephen Lenker, 6040 Brand Road;
Muirfield Association, Inc., 8372 Muirfield Drive; and American Italian Golf
Association, 8205 Avery Road. Above listed addresses are located in Dublin, Ohio
43017. Barbara and Jennings Allen, 733 North Wilson Road, Columbus, Ohio
43204.
Applicant: City of Dublin, c/o Jane S. Brautigam, City Manager, 5200 Emerald
Parkway, Dublin, Ohio 43017.
Staff Contact: Anne Wanner, Planner.
MOTION: To approve this rezoning application because it will provide an appropriate
Dublin zoning classification for effective land use administration, will maintain the
established development pattern, and will establish land uses consistent with the Community
Plan, with the condition that if the Hansel Property (File No. 02-1382) rezoning application
is approved by City Council, prior to this moving forward, that the site will be deleted from
this rezoning.
* Barbara Clarke, Planning Director, accepted the above condition.
VOTE: 4 - 0.
RESULT: This rezoning application was approved. It will be forwarded to City Council
with a positive recommendation.
STAFF CERTIFICATION
~ ~
d
~.f,~FOR ME1="t1iv~~ C;N ~1,'.~'{-=--~~arbara M. Clarke
Planning Director
Dublin Planning and Zoning Commission
Minutes -July 31, 2003 ~
Page 4
3. Area Rezoning 03-0542 -Northwest of Brand/Muirfield Intersection
Bobbie Clarke said there is a pending rezoning application, (Hansel Property, Case No. 02-1382)
involved. Staff has red-flagged this application, and if the Hansel application is approved by
City Council, that site will be deleted from this rezoning.
She said the site includes estate lots along the east side of Dublin Road, asingle-family lot on the
east side of Avery Road, and along the west side of Avery Road, the Franklin County portion of
Riviera Golf Club, school property, the Hansel subdivision, and a Muirfield Village Reserve area
located in Union County. No zoning history has been established in Dublin for these sites. R-l,
Restricted Suburban Residential District, is requested for most of them, and R, Rural District is
requested for the Muirfield Reserve. There are a total of 11 parcels which comprise 154 acres.
Ms. Clarke said staff is requesting that, as a housekeeping measure, R, Rural and R-1, Restricted
Suburban Residential Districts be approved for these parcels.
Mr. Gerber suggested adding a condition regarding the Hansel property rezoning. Ms. Clarke
accepted that condition.
Mr. Gerber made the motion to approve this rezoning application because it will provide an
appropriate Dublin zoning classification for effective land use administration, will maintain the
established development pattern, and will establish land uses consistent with the Community
Plan, with the condition that if the Hansel Property (File No. 02-1382) rezoning is approved
prior to this moving forward, that the five acres will be withdrawn from this City-sponsored
application. Mr. Messineo seconded, and the vote was as follows: Mr. Zimmerman, yes; Mr.
Ritchie, yes; Mr. Messineo, yes; and Mr. Gerber, yes. (Approved 4-0.)
4. Minor Plan Modi£ tion Definition 03-066ADM
Bobbie Clarke sai e of the main items discussed a the joint meeting between City Council
and the Commi n last fall was a mechanism to ake minor plan modifications in pl ed
districts. She id this ordinance received its fir ading at City Council. She wrote mo to
City Co several months ago that lis three suggested definitions for mor plan
modific on, two of which were based o finitions found in other codes. O them was the
"ten "cent rule," where the Plannin ommission would have the powe modify standards
by n percent. These might inclu raising a height limitation, decre g a buffer, increasing
sity, etc. On those thi that are quantifiable, there ould be a ten percent
addition/subtraction at the d~ etion of the Commission. Ano r way that Codes hav alt
with this is to give a lau ~ ~ list of issues that the Commis ~ was specifically em ered to
alter in a final develop nt plan. Those lists varied widel other Codes.
Neither of tho .approaches used in other co nities seem to fit blin. When the
Commission ' ked for an alteration, the first t ' the Commission w to know is how this
fits with th ommunity Plan. She thought th should be a direct Co link to the Community
Plan since that seemed to be a pivotal issue for the Commission's support.
Dublin Planning and Zonin~ Commission
Staff Report -July 31, 200
Page 10
3. Area Rezoning Application 03-0542 -Northwest of Brand/Muirf eld Intersection
Location: 11 parcels comprising an azea of approximately 154 acres, as annexed from
Washington and Concord Townships in 1973, and Jerome Township in 1988, generally
located to the north of Brand Road, and on both sides of Avery Road.
Existing Zoning: Township Districts.
Request: Review and approval of an ordinance to establish Dublin R-1, Restricted
Suburban Residential District and R, Rural District zoning.
- Property Owners: Dublin Local School Boazd of Education, 7030 Coffman Road;
Zenker and Larson Ltd., 5900 Cromdale Drive, Suite 100; William and Charlotte Miller,
8050 Avery Road; Ralph and Inez Paglieri, 8000 Avery Road; Elyse and Timothy
Hegenderfer, 6230 Brand Road; Stephen Zenker, 6040 Brand Road; Muirfield
Association, Inc., 8372 Muirfield Drive; and American Italian Golf Association, 8205
Avery Road. Above listed addresses are located in Dublin, Ohio 43017. Barbara and
Jennings Allen, 733 North Wilson Road, Columbus, Ohio 43204.
Applicant: City of Dublin, clo Jane S. Brautigam, City Manager, 5200 Emerald
Parkway, Dublin, Ohio 43017.
Staff Contact: Anne Wanner, Planner.
BACKGROUND:
On the advice of Dublin's Law Director, staff is systematically reseazching all Dublin zoning
activity on all parcels annexed into Dublin. The Planning Division is responsible for compiling
and processing these "area rezoning" applications to formally establish Dublin zoning wherever
there is ~ question about the zoning history. The first major area rezoning was undertaken in
2001, and it covered the Northeast Quadrant of Dublin. City Council has introduced additional
rezonings since last year.
The subject sites in this case were annexed in 1973 and 1988; there is no history of zoning action
since that time. The parcels have reflected R-1 and U-1 on Dublin's zoning map for many years.
Ordinance #65-03 was introduced at City Council on July 21, 2003. It will establish Dublin R,
Rural and the R-1, Restricted Suburban Residential Districts on these properties. A special
informational meeting was held on June 25, 2003 at the Dublin Recreation Center and
approximately eight property owners attended.
After the Planning Commission makes its recommendation, the case will be forwarded to City
Council for a public hearing and final vote. With a positive recommendation from the
Commission, a simple majority vote is required for passage. A negative Commission
recommendation requires five votes for passage. If the ordinance is approved, it will take effect in
30 days.
CONSIDERATIONS:
Site Characteristics:
The subject area is comprised of a number of parcels bordered by Glick Road on the north,
Brand Road on the south, Hyland-Croy Road on the west, and Muirfield Drive on the east.
The total area being rezoned is 154 acres. The residential parcels, which are single-
Dublin Planning and Zoning Commission
Staff Report -July 31, 2(
Page 11
family, older estate lots along Brand and Avery Roads, range in size from two to almost
nine acres. Four of these parcels currently have homes on them. Other property located
within this rezoning includes Muirfield Reserve "HHHHH" within Union County, the
southernmost portion of Deer Run Elementary School, and the eastern portion of the
Riviera Golf Course.
• This rezoning proposes to establish the Dublin R-1, Restricted Suburban Residential
District for all properties except the Muirfield Reserve. Due to its undeveloped natural
reserve status, it is proposed to have the R, Rural District established All legally non-
conforming uses will be subject to the requirements of Section 153.004 (C).
• Most of the properties are bordered by single-family subdivisions. The Riviera Golf
Course and the Muirfield Reserve abut additional golf course acreage and farmland to the
. west. The pending rezoning application for Tartan West (See Case #02-1262) may
change the land use for the area west of the Muirfield Reserve.
• One of the properties listed in this application is known as the Hansel Subdivision. It is
subject to a pending PUD, Planned Unit Development rezoning for a small development
adjacent to the Belvedere subdivision (See Case #00-074FP). Staff is aware of the
conflicting requests. If the Hansel PUD is approved prior to this area rezoning moving
forward, that five acres will be withdrawn from this City-sponsored application.
• A letter was mailed to the affected property owners listed in this application. A sample
copy is attached, and it outlines the circumstances, procedures, and proposed zoning, as
well as dates for public meetings. An informational meeting was held on June 25, 2003,
for the affected property owners. Less than five 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. Most of the properties in this application are listed on the Community
Plan as "Residential -Medium Density (1-2 dwelling units per acre)" or as "Existing
Residential." 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
could make administration and enforcement difficult in some circumstances. It can also be
rather confusing for landowners.
Development Standards:
• The properties listed in this application were annexed from three different Townships:
Jerome (Union County); Concord (Delaware County); and Washington (Franklin County).
Relying on the correct township zoning district from 1974 and 1988 for these areas is not
precise or advisable. Since the zoning of these properties is unclear, a comparison chart of
the zoning districts has not been included in this report. However, based on discussions
Dublin Planning and Zonis "ommission
Staff Report -July 31, 200.,
Page 12
and reseazch with the township zoning officers and township codes, the current property
uses are consistent with historically permitted uses at the time of annexation.
Utilities:
This is an action to establish Dublin zoning. No development is proposed as part of this
application, and it has no effect on utilities.
New development anywhere in Dublin, including on these parcels, must comply with
adopted stormwater management regulations for the City of Dublin.
Currently, municipal water and sanitary services reach some of these properties. The
zoning does not affect utility status. Undeveloped pazcels will need to tap into the existing
utilities per City Code.
STAFF RECOMMENDATION:
Following annexation, the staff research indicates these properties were not placed in a Dublin
zoning classification by a formal rezoning ordinance. They have been reflected as R-1, or U-1
on the zoning map for many yeazs. This application is City-sponsored and legally advisable. It is
intended to avoid any future potential Code enforcement problems arising from Township
classifications and inconsistencies within the Dublin zoning map. This action provides proper
zoning and is primazily a housekeeping effort. Staff recommends approval of this rezoning.
Bases:
1) This rezoning will provide an appropriate Dublin zoning classification for land within the
City limits to provide for the effective administration of development standazds,
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.