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25-09 OrdinanceRECORD OF ORDINANCES Ordinance No. 25-09 AN ORDINANCE REZONING APPROXIMATELY 0.48 ACRE LOCATED ON THE SOUTHEAST CORNER OF WILCOX AND SHIER RINGS ROADS FROM R-1, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT, TO RI, RESTRICTED INDUSTRIAL DISTRICT (6200 WILCOX ROAD -CASE NO. 04-042Z). Passed Fnrm Nn 'i0()~__ ?Q NOW, THERE~RE, 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 RI, Restricted Industrial 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 , 2009. Mayor -Presiding Officer Attest: r Clerk of Council `~ A CITY OF DUBLIN.. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Terry Foegler, City Manager Date: June 25, 2009 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Memo Re: Ordinance 25-09 -Rezoning - 6200 Wilcox Road -Master Maintenance (Case 04-0422) Summary This is a request to rezone the property at 6200 Wilcox Road from R-1, Resnicted Suburban Residential District to RI, Restricted Industrial District. The application was presented to the Planning and Zoning Commission on March 12, 2009 for a rezoning and conditional use request. The applicants are proposing to rezone the property to Restricted Industrial to permit commercial and industrial uses on the site. The applicants have submitted a conditional use application for administrative offices in the Restricted Industrial District to accommodate the existing business. The Planning and Zoning Commission recommended approval of the rezoning to City Council but tabled the conditional use, pending further discussion ofsite-related issues. First Reading -City Council City Council heard the first reading of the rezoning application on May 18, 2009 and expressed concerns regarding the proposed RI, Restricted Industrial zoning. Council suggested the possibility that the City consider rezoning this site and additional properties on Wilcox Road to SO, Suburban Office and Institutional District. Planning's opinion is that both the RI, Restricted Industrial District and the SO, Suburban Office District are consistent with the Community Plan. Administrative offices, the proposed use for the site, is a conditional use in the RI, Restricted Industrial District and a permitted use in the SO, Suburban Office and Institutional District. City Council also requested that a site plan be included for second reading, along with a comparison of development standards for the two zoning districts and any Code enforcement history. Site Plan. Attached is the site plan that was submitted as part of the application for the rezoning and Che conditional use. The plan shows the existing 1,003-square-foot principal building and two-car garage, and four parking spaces. The site plan was submitted by the applicant to illustrate that the site can meet the current development standards for the proposed use. However, in the RI, Restricted Industrial District, once the conditional use is approved, the site plan could change, without public review, as long as it meets the minimum development standards of the district. ~~~°" Development Standards. The following chart includes the development standards of the R-1, Restricted Suburban District and the RI, Restricted Industrial District. A second chart compares the RI District and SO District. Memo re. Ord. 25-09 Rezoning - 6200 Wilcox Road -Master Maintenance June 25, 2009 Page 2 of 3 R i t Existing Zoning Proposed Zoning equ remen s Rl -Restricted Suburban District RI- Restricted Industrial District I~•Ianufacturing, wholesaling, fitness and Dwelling structures, home occupation, accessory recreational sports centers, pet care services, Uses uses, public schools and parks, private schools, laboratories, wireless communication facilities, and religious uses. administrative offices, outdoor pet service areas, park and rides. Lot size shall be adequate to provide the yard Not less than 40,000 square feet per dwelling and space required by these development standards Lot Area meet local Board of Health Requirement (if and shall operate entirely with an enclosed applicable). structure and open service areas and loading docks shall be properly screened. 150 feet at the front line of the building and shall All lots shall abut a public street and have Lot Width abut a public right of way for a minimum of b0 adequate width to provide the yard space feet. required by these development standards. Side Yard Total side yard of 25 feet with a minimum of 8 One-third the sum of the height and depth of the feet. structure, but in no case shall be less than 15 feet Rear Yard 20% of the lot depth with a maximum of 50 feet. from the interior lot line and 25 feet from any residential or planned development district. Hei ht 35 feet Dependent on yard requirements. Lot Coverage 20% (buildings), 45% (all impervious surfaces) 70% (all impervious surfaces) Proposed Zoning Suggested Zoning R i t equ remen s ~_ Restricted Industrial District SO-Suburban Office District Manufacturing, wholesaling, fitness and Residential, administrative and business, Uses recreational sports centers, pet care services, professional, institutional, organizations and laboratories, wireless communication facilities, associations, auto-oriented commercial facilities, administrative offices, outdoor pet service areas, personal services, educational and research, food park and rides. and lodging, and exceptional uses. Lot size shall be adequate to provide the yard Lot size shall be adequate to provide the yard space required by these development standards space required by these development standards. Lot Area and shall operate entirely with an enclosed One or more main buildings or permitted uses structure and open service areas and loading maybe placed on a lot however main and docks shall be properly screened. accessory structures shall not occupy more than 50% of the lot, nor in total gross floor area exceed 80% of the lot area. All lots shall abut a public street and have All lots shall abut a street and have adequate Lot Width adequate width to provide the yard space required width to provide yard space required by these by these development standards. development standards. One-third the sum of the height and depth of the One-fourth the sum of the height of the structure Side Yard structure, but in no case shall be less than 15 feet and length of the wall most parallel to side or from the interior lot line and 25 feet from any rear yard if adjacent to residential or planned residential or planned development district. districts. In no case shall the it be less than 15 Rear Yard feet. Hei ht Dependent on yard requirements. Dependent on yard requirements. Lot Coverage 70% (all impervious surfaces) 70% (all impervious surfaces) Code Enforcement History. The applicant purchased the property on October 6, 2000 with the intent of operating a commercial business. As noted at first reading, this action stemmed from the owner's belief that the property was zoned RI when it was, in fact, zoned R-1 from a previous Washington Township Memo re. Ord. 25-09 Rezoning - 6200 Wilcox Road -Master Maintenance June 25, 2009 Page 3 of 3 zoning designation. This discrepancy was later discovered, and the City pursued a zoning violation in A,2ay 2003 for the illegal operation of a commercial business on a residentially-zoned property. A rezoning application (Case 04-0422) was filed on March 26, 2004 as a result of this Code enforcement process. This effectively halted enforcement operations. Various delays caused this case to extend for a longer period. There are no other active Code violations on record. Description The property is a 0.48-acre parcel located on the east side of Wilcox Road approximately 125 feet south of Shier Rings Road. The site is relatively flat with a small elevation change in the southwest corner where the Cosgray Creek crosses the site. A guardrail extends along this portion of Wilcox Road to separate vehicular traffic from the creek. The property contains asingle-story, 1,003-square-foot residential structure with a detached 750-square-foot garage. A parking area is located in front of the garage. The remaining portion of the site is undeveloped. All properties bordering the site are zoned RI, Restricted Industrial District. The building to tlae east is a coxnxnercial warehouse in the Dublin Commerce Park. A single family borne rs located to the south. Vacant land across the street to the west is .zoned SO, Sa~burban Office and Institutional District The buildings associated with the SO District are primarily single-story office buildings with exteriors consisting of brick and stone. History The site was part of aCity-sponsored area rezoning application approved by City Council on May 17, 2007. The property was rezoned from the Washington Township R-1B, Restricted Suburban Residential District to the R-1, Restricted Suburban Residential District. The purpose of the rezoning application was to designate City of Dublin zoning classifications to properties, including the applicant's property that had zoning classification under Washington Township. This rezoning established comparable Dublin zoning for the properties, but had no immediate impact on the existing use of the land. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission reviewed the combined rezoning and conditional use request on A,2arch 12, 2009. The Commission recommended approval of the rezoning request because the proposed zoning teas consistent with the Community Plan, and tabled the conditional use for further consideration. Community Plan and Proposed Zoning The 2007 Community Plan recommends Low Density Office and Research and Development for the properties bordering Wilcox Road south of Shier Rings Road. The purpose of this land use classification is to promote a mix of predominately non-residential employment uses that include office, research and development, and light industrial uses. This recommendation is based on the location of the site and the proximity to the highway, which provides appropriate infrastructure for commercial and light industrial uses. The classification further limits the development density to 9,500 square feet per acre, based on the proximity of residential uses primarily south of Shier Rings Road, including the Heather Glen and the Sandy Corners subdivisions. Recommendation Planning recommends City Council approval of Ordinance 25-09. ~,;, :. ~..~ „; (1;~ A. ~~ ?~ C '^~7 N ~ ~. :. x~ 'A+~ ,o ~'~ ~ ~. i ~~ r f ~ i ~: ~~ ~/ 9_ _... _....... i 3, ~$~ c"; I ~; n ~c ~ 7 1 ~a g ~. a ~. a r. ~; _ `~~ _ ~ '~° ~,~~ ~ `. s ~1 ._.M.. is x Fr r '! ,~, PROPOSED SITE PLAN g O 0 X A O Q ~Oo ~ 9~ TI E SiR[~ UGAR rnAPL ~ET TREE 8 F iING 1]" E%ISiING I~ irv FxiSiirvG IJ iING IR iSRING IT iSIING II SPRUCETREE SPRUaaCEiREE SPRUCE TREE UCE TREE SPRUCE ift SPRUCE LREE SPRUCE TREE 140.1 J' .• - N T I INSIDE YARD SETBACK I - rt-• ExISnNG eE ftflGCni o ~ GARAGE y+v ]50 SQ. Fi. iYP 0 0 o a EVERGREEN irEDGE O ~ OPncliv w/w a rRtl' v F GOnc. EXISTING HOUSE O D - I,O50 SQ. Fi. S' ~ ~ 1,20050. Fi. W/ ~ O COVERED PORCH i c ovEREo ~ --ExiSiING 20"SU n CH F n7nPlE SireEEi E _ <~ I ~ `n ~ o o MAP~Irc../.1 ~ n ~~ _ _ ~ K1NG _ n i n <GGD ~.- _ -~ - z qP ~ ~ ~ o cG - 4 P g3~ ~I ~ ~o ~~ ~ a ~a ~s IB'SIDE YARD SETBACK 4 yg~ ~00 ~ _ ? 140.12' 583°48'54"w' i a~ Sla~cn o_za o cmi° i n I.N_2WSUIU30001785 I.Na]W4B21 ]U2E6151 lesna~~ n o a~zzaz. Pg. aeo Blaugrund, Herbert & Martin 1 N C O A P O R A T E D David S. Blaugrund Attorneys and Counselors at Law Christopher T. Cline 300 West Wilson Bridge Road, Suite 100, Worthington, Ohio 43085-2279 Jonathan M. Gabel Phone: 614/764-0681 Fax: 614/764-0774 John W. Herbert David S. Kessler www.bhmlaw.com Fazeel S. Khan May 27, 2009 Ann Clarke, Clerk of Council City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 re: Rezoning of 6200 Wilcox Road Ord # 25-09 Dear Ann: Steven A. Martin Sharon L.R. Miller Mazc E. Myers Stephen P. Postalakis Geoffrey P. Scott Cazole D. Weiss I would like to request that the 2"d and final reading on the above rezoning ordinance be delayed until the first July meeting, which I believe is on Wednesday, July 1. The reason for the delay is that we are developing additional materials which we hope will give council members a greater comfort level regarding the suitability of the site for its expected purpose. Very Truly Yours ~~. Christopher T. Cline CTC:pq Encl- 0 cc: Ms. Noble-Flading Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBLIN. phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of Dublin City Council FROM: Terry Foegler, City Manager %~j DATE: May 14, 2009 ~- Memo INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning RE: Ordinance 25-09, Rezoning - 6200 Wilcox Road -Master Maintenance (Case 04-0422) Summary This is a request to rezone the property at 6200 Wilcox Road from R-1, Restricted Suburban Residential District to RI, Restricted Industrial District. The application was presented to the Planning and Zoning Commission on March 12, 2009 for a rezoning and conditional use request. The applicants are proposing to rezone the property to Restricted Industrial to permit commercial and industrial uses on the site. The applicants are also proposing a conditional use to permit administrative offices in the Restricted Industrial District to accommodate the existing business. The Planning and Zoning Commission recommended approval of the rezoning to City Council but tabled the conditional use. History The site was part of aCity-sponsored Area Rezoning application approved by City Council on May 17, 2007. The property was rezoned from the Washington Township R-1 B, Restricted Suburban Residential District to the R-1, Restricted Suburban Residential District. The purpose of the rezoning application was to designate City of Dublin zoning classifications to properties, including the applicant's property that had zoning classification under Washington Township. This rezoning established comparable Dublin zoning to the properties, but had no immediate impact on the existing use of the land. Description The property is a 0.48-acre parcel located on the east side of Wilcox Road approximately 125 feet south of Shier Rings Road. The site is relatively flat with a small elevation change in the southwest corner where the Cosgray Creek crosses the site. A guard rail extends along this portion of Wilcox Road to separate vehicular traffic from the creek. The property contains asingle-story, 1,003-square-foot residential structure with a detached 750-square-foot garage. A parking area is located north of the main building in front of the garage. The remaining portion of the site is undeveloped. All properties bordering the site are zoned RI, Restricted Industrial District. The building to the east is a commercial warehouse within the Dublin Commerce Park. Asingle-family home is located to the south. Vacant land across the street to the west is zoned SO, Suburban Office and Institutional District. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission reviewed the combined rezoning and conditional use request on March 12, 2009. The recommendation of the Commission was approval of the rezoning request based Memo re. Ord. 25-09 Rezoning-6200 Wilcox Road, Master Maintenance May 14, 2009 Page 2 of 2 upon the fact that the proposed zoning was consistent with the Community Plan. The Commission tab]ed the conditional use request to give the applicant time to submit additional information that was needed to make a determination on the conditional use request. Recommendation Planning recommends approval of Ordinance 25-09 at the second reading/public hearing on June 1, 2009. RI '4 SO SO ~_ r C'} 0 so t ,`v __ ~~-~-_ -- - WILCOX-PL-ACS-- -~ -__s-- 1 ~ RI i SO i 1 RI 41 RI ~, RI ~. \ RI 4 RI R~ 04-o42z~c u City of Dublin Rezoning/conditional Use ~• Land Use and Master Maintenance Long Range Planning 6200 Wilcox Road Feet 0 75 X50 3oa 1 ~~ RI , ~,: ,~ ~ , fond Else and Lang Ronge Poannlnq :8LS0 Sh .,E :3~n c; Roc+: T:~lnEl~. {71 ::i E :6-t 73c Prin+sry T[17:614.11[}4600 ~lx:dlA-41[i~61~57 W.16 $ilY: .vum.rluGGn,~h.~s January 2007 EXHIBIT "B" REZONING APPLICATION (Code Seetion 153.234) TO EXPIRE ORDINANCE NUMBER CITY COUNCIL (FIRST READING) CITY COUNCIL (PUBLIC HEARING) CITY COUNCIL ACTION NOTE: All applications are reviewed by Land Use and Long Range Planning for completeness prior to being processed. Applications that are incomplete will not be accepted. Applicants are encouraged to contact Land Use and Long Range Planning for assistance and to discuss the rezoning process, and if needed, to make an appointment for apre-submittal review prior to submitting a formal application. I. PLEASE CHECK THE TYPE OF APPLICATION: ^ Preliminary Development Plan (Section 153.053) ~ Other {Please Describe) Rezoning (DC 153.234(x) (2) II. PROPERTY INFORMATION: This section must be completed. Property Address: 6200 Wilcox Road Tax IDIParcel Number(s): 273-004514 Parcel S"sze (Acres): 0.454 acre_ S 1000 sf residential structure and garage being Existing Land Use/Development: llSed fOr a janitorial services business Proposed Land Use/Development: janltorlal services business Existing Zoning District: -3 Requested Zoning District: R-I ~ Total Acres to be Rezoned. - - (,DG_ 153.. 02~ __ 0.454 - - ADC 153:~31~- III. REZONING STATEMENT: Please attach separate sheets (8.5 X 11) to the back of this application with your responses to the following sections. A. Please briefly explain the proposed rezoning and development: see attached B. Briefly state how the proposed rezoning and development relates to the existing and potential future land use character of the vicinity: see attached C. Briefly state how the proposed rezoning and development relates to the Dublin Community Plan and, if applicable, how the proposed rezoning meets the criteria for Planned Districts [Section 153.052(8)]: see attached D. Briefly address how the proposed rezoning and development meet the review criteria for Preliminary Developrnen~T'tn°a'~I the Planning and Zoning Commission as stated in {Section 153.055(A)] (SEE ATTACHMENT A): r ,E _-- ~dl IN_~.112~S1d -- n~ Jnc Page 1 Of 5 ~ ~V` V ~ ~ j wn~yv voc ca LIaN~ RA~I~~E, PLAM1iING 6200 Wilcox Road Master Maintenance (John and Amarilys Guernica-Hoge) Addendum to Section III, Rezoning Statement A. Please briefly explain the proposed rezoning and development. This rezoning proposes to change the zoning on a residentially zoned parcel (R-1; DC §153.02), in an area that has almost totally transitioned from residential uses, to the Restricted Industrial category (DC §153.031). At the present, the site is improved with a 1000+ square foot residential building that has been used since purchase in 2000 as a family owned and operated office janitorial service business. At the time the site was purchased, there was some confusion, due to old township records, as to the zoning of the parcel. After dedication ofRight-of--way for Wilcox Road in accord with the Thoroughfare Plan, about .36 acre will remain of the site. Under the development standards applicable to the Restricted Industrial District the site will then support a 3000+ square foot structure and parking. B. Briefly state how the proposed rezoning and development relates to the existing and potential future land use character of the vicinity. The City has zoned all of the land surrounding the site on the east of Wilcox Road to the Restricted Industrial category. Generally, it is fair to say that Restricted Industrial is the dominant classification in the area south of SR 161. Part of one adjoining site remains a nonconforming residential use (despite its industrial classification) though redevelopment appears increasingly likely as the overall character of the area continues to evolve. At the present the subject site represents an anomaly in terms of land use classification. The existing R-1 classification was applied by the City in 2007 as being closest City of Dublin category to the legacy township zoning classification. However, there is no residential potential for the site. Additionally, synchronizing this site with the area's predominant (and surrounding) Restrictive Industrial category would also allow for the option of incorporation into a larger scheme of development when the surrounding site develops. C. Briefly state how the proposed rezoning and development relates to the Dublin Community Plan. The 2007 Community Plan incorporates a Future Land Use Map which generally shows the land south of Shier Rings Road and from Emerald Parkway to Avery Road as being Low Density Office/Research and Development. High density uses in the same category are planned to the north of Shier Rings Road and east of Wilcox. The Low Density Office/Research and Development designation states "R&D uses include a mix of research facilities, corporate offices, clean manufacturing and support services in a coordinated and high-quality, aesthetic ~~ ~ ~ environment". The existing janitorial service use qualifies as such a support service to ~ `~~ ~ ~ ~ ~~` ~ ~; / ~<~~ ~Ah'D USE ~ lC1NG fiANGE PLAf;'JlNG research and development and office community and indeed that is the focus of the applicants' business. In terms of scale, The Community Plan describes Low Density Office/Research and Development as not exceeding 9,500 square feet per acre in density and in the 1-2 story range. The existing development on the site is low at about the rate of about 2,200 square feet per acre in density. Development scenarios have been reviewed for the same use with future new construction of a 3,000 square foot building of 2 stories on a .36 acre net site. This would represent a development rate of about 8,300 square feet per acre, within the expected development density for the Low Density Office/Research and Development category. RECEI~lED FILE` ~~~ ~ 2~ 2~~$ ~~ ~A~r'I.l IISE & LONG RRNGE PLANNING VIII. AUTHORIZATION FOR OWNER'S APPLICANT/REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. I .1ohT1 (~ . Ho ~ AlTk3~I. ~~!5 M, Gue»ni r.a -) jnoc~ ,the owner, hereby authorize Christopher C1117~ to act as my applicant/representative(s) in all matters pertaining to the processing and approval of this application, including modifying the project. I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner: Subscribed and sworn to before me this State of Ohio County of _Frankl.i_n day ofV _~a~+~~, 24 C? ~' Notary Public , ~ __ ~_ _ T~'~ .~~R1At.]]..5,.~.. ~~ OFFICIAL SEAL CHRISTOPHER T. CLINE, Attomey At Law NOTARY PUBLIC, STATE OF OHIO IX. AUTHORIZATION TQ VISIT THE PROPERTY: Site visits to the property t~>~ ;j} ~~~?'~~~t>ti~~S76~Rh'~91R181f{~E13F#sdlil~ application. The OwnerlApplicant, as notarized below, hereby authorizes City representatt.~ s i~.~stograpl7 a8~lit,Q~Fi~ an the property described in this application. ~ ~ o s " X. UTILITY DISCLAIMER: The City of The Owner/Applicant acknowledges the approval of this request for rezoning by the Dublin Planning and Zoning Commission andlor Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Owner/Applicant. XI. APPLICANT'S AFFIDAVIT: This section must be completed and notarized. I ~~1-~~0~~~~~~~-I~~~E~T~~ ,the owner or authorized representative, have read and understand the tt ents oft s a ljcation. to nfarj ian contained in this application, attached exhibits and other information submitted is complete and in all respects true and correct, to the best of my knowledge and belief. Signature of applicant or authorized representative: ~ Dat ~ ~-, ~ 5ubscrii~ed and sworn to before me this ~ v4 CJ_~~ , 20 ~ ~" ,. .. State of !~~-+s ~ County of . ~~~ ~ Notary Public NOTE: THE OWNER, OR NOTED REPRESENTATIVE IF APPLICABLE, WILL RECEIVE A FACSIMILE ~ ` ~~Ilt '~ ~:, OFFICIAL SEAL _ ~ v- `-: CHRISTOPHER T. CLINE, Attomey At Law NOTARY PUBLIC, STATE OF OHIO ~q ~ ~ ~~ ~, ;~ My Commission has no expiration date r ~. ~ ~ , t~;;~- Section 247.03 R.C. ~fOFfF.3Tl~l{ur3'ttE;CEIF'T OF THIS APPLICATION FOR OFFICE USE ONLY i Amount received: Application No: P&Z l7ate(sy: P&Z Action: Receipt No: MiS Fee No: Date Received: Received By: Type of Request: N, S, E, W (Circle) Side of: Nearest intersection: Distance From Nearest Intersection: ~' 4 Page 4 of 5 .11-1 I'~I ,l, d) G LI U U FILE C tv' a ~~~~ LONGIR NG~ P ANNING Has a previous application to rezone the property been denied by City Council within the last twelve months? ^ Yes If yes, list when and state the basis for reconsideration as noted by Section 153.234(A)(3): [~ No IV. PLEASE SUBMIT THE FOLLOWING FOR INITIAL STAFF REVIEW: Please submit large (24X36) and small (11X17) sets of plans. Please make sure all plans are stapled and collated. Large plans should also be folded Staff may later request plans that incorporate review comments. Fourteen (14) additional copies of revised submittals are required for the Planning and Zoning Commission hearing. [X] TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES Please notarize agent authorization, if necessary. Q FOURTEEN (14) COPIES OF A LEGAL DESCRIPTION OF THE PROPERTY FOURTEEN (14) COPIES OF A TAX PARCEL ID MAP indicating property owners and parcel numbers for all parcels within 500 FEET of the site (Maximum Size 11X17). Please contact Land Use and Long Range Planning if you need assistance. ® FOURTEEN (14) COPIES OF A LIST OF CONTIGUOUS PROPERTY OWNERS WITHIN 300 FEET of the perimeter of the property based on the County Auditor's current tax list, including parcel number, owner name (not Mortgage Company or Tax Service), and address (Maximum Size 11X17). It is the policy of the City of Dublin to notify surrounding property owners of pending applications under public review. Please contact Land Use and Long Range Planning if you need assistance. ^ FOURTEEN (14) COPIES OF THE THE PROPOSED DEVELOPMENT TEXT ^ FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED SITEISTAKING PLANS SHOWING: a. North arrow and bar scale. b. Location, size and dimensions of all existing and proposed conditions and structures (significant natural features, landscaping, structures, additions, decks, access ways, parking). c. Proposed Uses (Regional transportation system, densities, number of dwellings, building/unit types, square footages, parking, open space, etc.). d. Size of the site in acres/square feet. e. All property lines, setbacks, street centerlines, rights-of-way, easements, and other information related to the site. f. Existing and proposed zoning district boundaries. g. Use of land and location of structures on adjacent properties. ^ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF THE FOLLOWING SCALED PLANS: a. Grading Plan. b. Landscaping Plan. c. Lighting Plan, d. Utility and/or Stormwater Plan. e. Tree Survey, Tree Preservation and Tree Replacement Plans ^ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) SCALED, ARCHITECTURAL ELEVATIONS with proposed colors and materials noted. ^ IF APPLICABLE, FOURTEEN (14) SMALL (11X17) and FOURTEEN (14) LARGE (24X36) COPIES OF SCALED DRAWINGS SHOWING: a. Location of signs and sign type (wall, ground, projecting, or window). b. Sign dimensions, including letter sizes and proposed distance from sign to grade. c. Copy layout and lettering styles (fonts) of signage. d. Materials and manufacturer to be used in fabrication. e. Total area of sign face (including frame) f. Type of illumination ^ MATERIAUCOLOR SAMPLES (swatches, photos, plans, or product specifications). Include manufacturer name and product number. RECE~WE F C ~ ~tf .~ 2 f 5 /~~ L'I I Y OF ,tt i1:.~ N Page o ~~t~l~ ll~£ tD~IG Ra~c£ I~Ll~rarlf;~1C V. CURRENT PROPERTY OWNER(S): This section must be completed. Please attach additional sheets if needed. Name (Individual or Organization): John K. Hoge and Amarilys M. Guernica-Hoge Mailing Address: 6200 WilCOX Road Dublin Ohio 43017 (Street, City, State, Zip Code) > > Daytime Telephone: 614-734-1400 Fax: Email or Alternate Contact Information: marbles@COlumbllS , rr , COI[l VI. APPLICANT: Please complete if applicable. This is the person(s) who is requesting the rezoning if different than the property .:.., Name: John K. Hoge and Amarilys M. Guernica-Hoge Organization (Owner, Developer, Contractor, etc.): OWners Mailing Address: (street, City, state, zip Code) 6200 Wilcox Road, Dublin, Ohio 43017 Daytime Telephone: 614-734-1400 Fax: Email or Alternate Contact Information: marbles@COlUfIIbllS . rr . COm VII. REPRESENTATIVE(S) OF OWNER/APPLICANT: Please complete if applicable. This is the primary contact person who will ~o~p~~p cnrrPCnnndPnr.P raaardina this aoolication. If needed. attach additional sheets for multiple representatives. Name: Christopher Cline Organization: Blaugrund, Herbert & Martin Mailing Address: ~r~ [n]est WllsOn Brid e Road #300 Worthin ton Ohio 43085 (Street, City, State, Zip e~~) g ~ g ~ Daytime Telephone: 614-764-068 Fax: 614-764-0774 Email or Alternate Contact Information: CtC@bhmlaW.COm ~~ ~~-~~ .~~.t~, ~_~ ?o~r,s Page 3 of 5 `" ~~ ~ ~ ~~ ~~~ ~ ~41 ~ Li3NG RANGE ~LANNINC 6200 Wilcox Road Master Maintenance (John and Amarilys Guernica-Hoge) List of Contiguous Property owners (300 feet) 273-005587 Kathleen A. Balmert, TR 5860 Houchard Road Dublin, OH 43016 273-005763 Drt Associates, LLC BBC & M Engineering 6190 Enterprise Ct Dublin, OH 43017 273-005322 Pamela Huston, TR 4730 Rutherford Road Powell, OH 43065 273-005321 Industrial Structures Inv, LLC 5567 Sells Mill Road Dublin, OH 43017 273-000297 Ohio State Univ Bd of The Ohio State University Trustees Real Property Management 53 W. 11th Ave Columbus, OH 43201-2013 273-005586 Donald G. Rose 195 Stonefence Lane Dublin, OH 43017 273-004509 John & Betty Scheuerman 6190 Wilcox Road Dublin, OH 43017 273-004515 Harold & Jeanette Stauch 9190 Leith Drive 273-004513 Dublin, OH 43017 273-011341 Steven & Laura Stauch 6182 Wilcox Road Dublin, OH 43017 273-008089 Wilcox Place, LTD PO Box 3425 Dublin, OH 43017 FaE~~,., RECEI~~ED J~1 ~2 ~ X0,0 ~ CiY OF 11t,;s? :N LAhi1 USE & LONG RANGE PLANNING Proximity Report Results Proximity Repot Resul#s The selection distance was 300 feet. The selected parcel was 273-004514. To view a table showing the 12 Qarcels within the displayed proximity, scroll down. ~~,~ Get Report ~ Print Window Back to Proximity Report Page 1 of 1 Disclaimer This map is prepared for the real property inventory within this county. It Is compiled from recorded deeds, survey plats, and other public records and data. Users of this map are notified that the public primary Information source should be consulted for verification of the information contained on this map. The county and the mapping companies assume na legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any.discrepancies. Proximity Parcels Hint: To copy this report to another program: 1. Hold down tfie left mouse buttton over the top-left corner of the area you want to get. 2. Drag the mouse to the bottom-left corner of the desired area. 3. L@t go of the mouse button. 4. Select Edit Copy from the menu bar. You can then Paste the report into another application. parcet Owner Name Address 273-00558Y eBALMERT KATHLEEN A TR 6275 WILCOX RD 273-005763 - DRT ASSOCIATES LLC 6091 ENTERPRISE CT 273-00451}' HOLE JOHN K GUERNICA-HOGE AMARILYS 6200 WILCOX RD 273-0053211 ..INDUSTRIAL STRUCTURES INVESTMENTS L 5995 SHIER RINGS RD D 273-00029Y OHIO STATE UNNERSITY BD OF TRS SHIER RINGS RD 273-005586 ROSE DONALD G WILCOX RD . 273-004509' ;~CHEUERMAN JOHN C & BETTY L 6190 WILCOX RD 273-004515 ~STAUCH HAROLD E STAUCH JEANNETTE WILCOX RD 273-00451 ~ STAUCH HAROLD E STAUCH JEANNETTE 6136 WILCOX RD 273-011341 ~,. STAUCH STEVEN STAUCH LAURA L 6136 WILCOX RD 273-008089 WILCOX PLACE LTD WILCOX RD 273-008090 ~MIILCOX PLACE LTD 5925 WILCOX RDA ~ .. ~~~~I~~ rraA tnr ~ P V ~~ ~ ~ IT OLr f)t;~++J1N LAND USE & LONG RANGE PLANNING http://209.51.193.87/scripts/mw5rer.pl 1/14/2008 Map Search Real Estate Searcli Auditor Hume Image Date: Mon Jan 14 17:44:12 2008 • John Hoge & • Chris Cline 04-0422 Master Maintenance Amarilys M. Guernica-Hoge Blaugrund, Herbert & Martin 6200 Wilcox Road 6200 Wilcox Road 300 W. Wilson Bridge Rd. #100 Dublin, OH 43016 Worthington, OH 43085 Industrial Structures Investment 5995 Shier Rings Road Dublin, OH 43016 John C & Betty Scheuerman 6190 Wilcox Road Dublin, OH 43016 Harold & Jeannette Stauch 6136 Wilcox Road Dublin, OH 43016 Donald G Rose 195 Stonefence Lane Dublin, OH 43017 Drt Associates, LLC BBBC & M Engineering 6091 Enterprise Court Dublin, OH 43017 Ohio State University Bd of Trustees/Real Property Mgmt. 53 W. 11~' Avenue Columbus, OH 43201-2013 Diocesan Publications, Inc. 6161 Wilcox Road Dublin, OH 43016 Mark T. Wise 6301 Wilcox Rd Dublin, OH 43016 Wilcox Place Ltd 5940 Terry Lee Court Dublin, OH 43016 Wilcox Place Ltd 5925 Wilcox Rd A Dublin, OH 43016 Kathleen A Balmert Tr 6275 Wilcox Road Dublin, OH 43016 Industrial Structures Inv., LLC 5567 Sells Mill Road Dublin, OH 43017 Steven & Laura Stauch 6136 Wilcox Rd Dublin, OH 43016 Pamela Huston tr 6196 Wilcox Rd Dublin, OH 43016 PLANNING AND ZONING COMMISSION RECORD OF ACTION CITY OF DUBLIN, MARCH 12, 2009 Land uae and long Range Planning 5800 Shier-Rings Road Dublin. Ohio 43016-1236 Phone/ TDD: 614-410.4600 Fax: 614-410.4747 Web Sile: www.dublin.oh.us Creating a Legacy The Planning and Zoning Commission took the following action at this meeting: 1. Master Maintenance 6200 Wilcox Road 04-042Z/CU Rezoning/Conditional Use Proposal: A rezoning of a site from R-1, Restricted Suburban Residential District to the RI, Restricted Industrial District and a conditional use to permit a service industry use located at the southeast corner of Wilcox and Shier Rings Roads. Request: Review and approval of a rezoning under the provisions of Section 153.234 and a conditional use under the provisions of Code Section 153.236. Applicant: John Hoge; represented by Christopher T. Cline, Attorney. Planning Contact: Tammy J. Noble-Flading, Senior Planner Contact Information: (614) 410-4649, tnoble-flading@dublin.oh.us MOTION #1: To recommend City Council approve this Rezoning application because the proposed request is consistent with the Community Plan and the development standards of the Restricted Industrial District. VOTE: 6 - 0. RESULT: A recommendation for approval of this Rezoning will be given to City Council. MOTION #2: To table this Conditional Use application as agreed upon by the applicant's representative, Christopher T. Cline, Attorney. VOTE: 6 - 0. RESULT: This Conditional Use application was tabled STAFF CERTIFICATION ~~ amie Add ins ~~~r I [ Dublin using and Zoning Commission March 12, 2009 -Minutes Page 5 of 20 1. Master Maintenance 6200 Wilcox Road 04-0422/CU Rezoning/Conditional Use Todd Zimmerman swore in the applicants, John Hoge and Amarilys M. Guernica-Hoge, their representative, Attorney Christopher T. Cline, City representatives, and anyone else who intended to address the Commission on this case. Mr. Zimmerman explained that for this application for Rezoning and a Conditional Use, two separate motions and votes are required. He described the process for public input for the rezoning and for the Conditional Use. Jamie Adkins presented the rezoning request for the site, located at the southeast corner of Wilcox Road and Shier Rings Road, which was surrounded by vacant land, office buildings, and residential structures. She said the site was currently zoned residentially and was surrounded on several sides by industrially-zoned property and office property to the west. Ms. Adkins presented the Future Land Use Map which indicated this site as Low Density Office, Research and Development. She said the site contained a residential structure of approximately 1,000 square feet and atwo-car garage. She presented a chart that compared the two uses, the existing residential zoning, which permits residential-type uses and the proposed rezoning to industrial which permits a variety of low-intensity industrial uses. Ms. Adkins said the proposed use was office, which is a conditional use within this classification. She said the residential zoning is more descriptive with numerical minimum standards compared to the Restricted Industrial that was based upon how the site was developed with a longer building having a greater setback to decrease the impact on adjacent properties. Ms. Adkins said that Planning has evaluated this rezoning proposal based on the Future Land Use Map and the rezoning criteria and believes that the criteria is met and they are recommending approval of the rezoning of this 0.46 acre. Ms. Adkins presented the Conditional Use request comparing the existing and proposed site plans, and indicated the subtle differences. She said the main proposed change is to come into compliance with the parking and engineering requirements for the entrance drive. She said the proposal is to remove the existing pavement in front of the structure and to move the entrance drive north and stripe the paved parking. She explained that because the entrance drive is moving, the existing fire hydrant must be relocated. She said the site will be brought into compliance with parking requirements for the building. Ms. Adkins said in addition, the applicant will be required to comply with the landscape requirements. She said additional landscaping has been shown and the applicant has agreed to add the additional landscaping to meet Code and understands that they will be required to fully comply with those requirements including tree preservation fencing. Ms. Adkins said because of the age of the site, questions regarding the infrastructure of the utilities has been discussed in the Planning Report and conditions have been added to make sure that the onsite sewer system is capable of handling what is necessary for the site, and if not, that the public sewer system be connected. She said the applicant has indicated that the site uses City water and therefore will be able to meet that condition. Ms. Adkins said in addition, the applicant is required to dedicate right-of--way which will be taken care of through the Building Permit process, and to install a sidewalk, which Engineering has allowed a fee in-lieu of construction because of the site's restraints with the Swale and having to cross the waterway. Dublin " using and Zoning Commission March 12, 2009 -Minutes Page 6 of 20 Ms. Adkins said that Planning has evaluated the proposed Conditional Use based on the criteria, and believes that all the criteria are met. She said Planning recommends approval with the seven conditions listed in the Planning Report: 1) That the conditional use is contingent upon approval of the rezoning request by City Council; 2) That the right-of--way be dedicated to the City of Dublin within 60 days of rezoning approval; 3) The property owner meets all requirements of the City and the Franklin County Board of Health regarding the existing septic system, or tie into public sanitary sewer, if required by either agency; 4) That the hydrant re-location and appropriate permits be obtained from the City of Dublin; 5) The property owner pay a fee in lieu of construction of a pedestrian path as determined by the City Engineer; 6) The property owner identifies the source of water service to the structure prior to the issuance of an occupancy permit; and 7) The City will require that building permits be obtained to make any internal modifications necessary based on the change of use. Mr. Cline, representing the applicants, said that Master Maintenance had been operated by Mr. Hoge and Ms. Guernica-Hoge since 1981 as a janitorial service business, as a support service required for offices. He said there are approximately 200 employees who are never on site because their managers take them to the employers at their worksites. He said since only bookkeeping and administration takes place on this site, there are just a few employees. Mr. Cline explained that there was some confusion when the applicants purchased the property as to what the zoning was and the difference between RI and R- l . He said years ago, the Township and City were intermixed in this area and it was hard to tell where one started and the other stopped. He said there were rezonings in the Township and City annexations that complicated manners. He said that Shier Rings Road was constructed when SR 161 was made a limited access road. He said Shier Rings Road cut the old zoning maps in half and made it difficult to determine what you were looking at. He said the City rezoned the homes on the north side of Shier Rings Road to RI, Restricted Industrial District with the thought that they already were RI when in fact they were not; they were really R-1 like this site. Mr. Cline said he believed it was the City's and his clients' objective to get everybody into compliance. Mr. Cline pointed out that the existing structure is only 1,000 square feet, but with typical restrictions an approximate 3,500-square-foot structure could be built on the site. He said with the existing structures the site is being used at its maximum potential. Mr. Cline said the small onsite sewer system has been tested by the Board of Health, and it functions fine although it has not been serviced since 1953. He said the office puts approximately one-third of a load on the system, compared to a residential use. He said the Health Department wanted to see the system serviced, and they have agreed to have it done. Mr. Cline said when the parking area is modified to meet Code, they will uncover the septic tank and have a riser put in so that there will be a plate like modern septic systems and a concrete or metal lid can be added so that a service can pump out the solids that collect over time. Mr. Cline said he did not think there could be any question that this is not the right land use. He said they are in accord with the City's planning documents. He said the site is surrounded by Dublin r ~ning and Zoning Commission March 12, 2009 -Minutes Page 7 of 20 Restricted Industrial and so this certainly seems to be a solid recommendation. Mr. Cline said that by law, the Conditional Use is where there is a more intensive use usually than the standard category, and so that may be acceptable with conditions attached. He said this use is significantly less intensive than the permitted use, Restricted Industrial. Mr. Zimmerman invited public comment. [There was none.] Mr. Taylor agreed that the land use seems appropriate. He said he was concerned that a conditional use would change the house operating as an office to an office. He noted that there was not a condition listed regarding bringing the building up to Code for the new use and it should be addressed. Mr. Taylor said that Condition 6 should not be included since the water source had been verified from the City of Columbus. Mr. Taylor referred to Condition 7 and suggested that something should be included that the building itself should be brought into compliance. Ms. Adkins assured Mr. Taylor that bringing the building into compliance was included. She said technically it exists as an illegal use, but the Building Department will look at it as though they are coming in for the first time. She said a Building Permit for the entire site will be required if this request is approved and that process will cover interior and exterior modifications to the structure. She said once the Conditional Use is approved and the Rezoning goes in affect, a letter will be sent through Code Enforcement that they are out of compliance with the zoning and that there will be a timeframe that they apply for the Building Permit in addition to the conditions. Mr. Taylor said he wanted to make sure that the building meets the Building and Zoning Code requirements for an office building. Mr. Taylor expressed concern about maintenance issues since there were windows boarded inside the garage and peeling paint. Ms. Adkins assured him that was covered under the property maintenance portion of the Zoning Code and would also be addressed through the Building Permit process. Mr. Cline explained that there are maintenance issues that they wanted to address, but did not want to until they had resolution with the City. Mr. Freimann said he was concerned that this set the absolutely wrong precedent. He said the site is zoned and there is an illegal use existing, but now it is being considered rather than changing the use, changing the zoning. He expressed that he was very concerned about it. Mr. Freimann said regarding the Conditional Use, as pointed out, they were going from a house used as an office to an office, which all the sudden will have a sign to identify the business for the 200 employees to drop by for payroll issues. He said there would also be Master Maintenance trucks there. He said he was not convinced that the proposed parking lot was sufficient to accommodate what he anticipated to be increased traffic and use there. Mr. Freimann noted there was not much existing landscaping and he did not see any screening shown on the landscape plan. He said the ramifications of having an office on this site have not been thought through. Mr. Freimann said he had counted a total of five existing parking spaces and the big Master Maintenance truck would be parked along the side of the road. He said these Dublin using and Zoning Conunission March 12, 2009 -Minutes Page 8 of 20 things may have been addressed, but he did not see them in the Planning report. Mr. Zimmerman suggested a condition be added that all parking occur in the designated areas only so that if it did become a future problem, they would be required to enlarge their parking area to meet Code and make a solution. He agreed that the site should not be over-parked. Mr. Freimann said that if Master Maintenance became successful and the number of employees increased to 400, they would be back for approval of additions to expand the office. He said he could foresee some problems that he did not think had adequately been thought through, although he was not suggesting that the Commission can ultimately do what the applicant wants. He said he was adamantly concerned that all of problems had not been thought through. Mr. Zimmerman said his condition would address the current building, but if the building was enlarged to 70 percent lot coverage, as it grew to the allowed 3,500-square-feet, it would need 20 some parking spaces on the half-acre site. Mr. Taylor asked what kind of vehicles were used by Master Maintenance employees and for an explanation of the operation. Ms. Guernica-Hoge said they are a commercial cleaning company who cleans commercial office buildings and manufacturing facilities with 150 to 200 employees. She said the office was used primarily for bookkeeping. She said she contacted clients outside the office. She said occasionally, managers are called to the office and make/return phone calls, but most of the cleaning employees are out in the field, using their own vehicles. She said they have two trucks with signs. She asked the Commissioners to understand that when they bought this property, they thought they had done all their due diligence. She said they did not know or understand the system. She said she had documentation that the property was sold as RI and everything around it, except for the adjacent house was industrial. She said they were told by the City that the site was RI, because the gentleman who looked at the map saw RI. She said it was a total human error that they were before the Commission. Ms. Guernica-Hoge said they were not trying to be illegal and it was important to her that the Commissioners knew that. She said the location was chosen by them because it was perfect; close to their house and young family, providing the best of all worlds for them. She said they wanted to accommodate and make whatever changes they needed to do to be in compliance and make the City and them happy. She said this process over the past few years had been stressful for them. Ms. Guernica-Hoge said that customers do not visit the office. Mr. Cline clarified that when he said the site would probably support about 3,500-square feet, about 300 feet would be required to be dedicated to the City, leaving about one-third acre. He said he was not aware of any plans to add to the building, but the site had potential to support the business if they stay there for years and years. Mr. Fishman also expressed concerns about the maintenance of the existing structures. He said in the past, turning houses to office buildings had been discouraged because the City does not want an unsightly building turned into an office. He said they would rather it be torn down to build a building that is an office. He said if a house is turned into an office, it needed to meet Dublin's standards. Mr. Fishman provided as an example a house on Coffman Road that is now a preschool where they jumped through a lot of hoops to make it really attractive before the Commission would approve it. He said they did a really nice job. Mr. Fishman said if this Dublin zning and Zoning Commission March 12, 2009 -Minutes Page 9 of 20 Conditional Use is approved, he thought it had to be turned into a really nice-looking place which meant making the building look sharp with paint, shutters, and nice landscaping. He said he was also worried about the trucks and cars. He reported that several weeks ago there were more than two cars and they were not parked in the parking areas. Mr. Fishman said this needed to be an amenity in Dublin, not an eyesore and a lot of work was needed for him to vote in favor of this Conditional Use. He said he would need to be convinced before the change was made. Ms. Adkins clarified that the Code addressed many of the concerns mentioned. She said Dublin has a property maintenance code that will require modifications be made to the house. Ms. Amorose Groomes pointed out that those codes have existed for several years. Mr. Fishman said like the preschool on Coffman Road, he wanted to see something that made him proud to make the change and give the Conditional Use and that it was an attractive place, without trucks and cars parked around, peeling paint, boards in the garage windows. He said although Dublin has an enforcement staff, the Code has not been enforced since 2000. He said photographs showing the improvements, a landscape plan showing how to prevent parking everywhere and something to hide the permitted cars and trucks were needed. Mr. Cline pointed out that the landscape plan submitted met Code 100 percent. Mr. Fishman said he needed to be convinced that the proposed landscaping was sufficient. He said this site should be made an asset so when someone drove by, it was something pretty to look at, not something old being used as an office with cars scattered around as it is now. Mr. Taylor said the egress and emergency lighting, railings and steps required and everything else for commercial building needed to be known before it is known if the building was in violation of those things, and nothing to that affect had been provided to the Commission. He said the Commission did not know how the Code was being met. Mr. Cline said all those issues are solved by the Code requirements. Mr. Taylor and Mr. Fishman agreed that needed to be more clearly addressed in the conditions. Mr. Fishman said normally, when the Commission reviews an application such as this, plans are submitted showing what the building would look like before they get a permit, and there was nothing to review. Mr. Zimmerman said if it is felt that something on a Conditional Use was not being met, there are the ten review criteria to use. Mr. Freimann suggested that if something needed to be specified, it would fail Criteria 2 which is: The Conditional Use will comply with all applicable development standards except specifically altered in the approved Conditional Use. He said that Ms. Guernica-Hoge's comment about being mislead about the rezoning certainly would weigh heavily on his vote. Amy Kramb asked how far north the existing driveway would be moved. Ms_ Adkins indicated that the driveway will not entirely be moved, but it will be shifted north by Dublin T Wing and Zoning Commission March 12, 2009 -Minutes Page 10 of 20 a few feet, and widened to the north to comply with the driveway width requirements. Ms. Kramb asked if engineering standards for commercial drives had been considered since the driveway was so close to the intersection. Kristin Yorko said each parcel is allowed a driveway in its frontage, and there is no set standard that they have to be from an intersection. She said the parcel to the north would have a driveway much closer in proximity to the intersection. Ms. Kramb asked if parked cars would be backing out onto the street or would they have room to tum around. She pointed out that when she worked nearby for about four years, on the average she saw three to four vehicles or more backing out onto the road. She expressed concern that the site was awfully close to the intersection and asked if the use is changed to a commercial use, where they would get out of the site. Mr. Cline stated that their proposed parking area met Dublin Code for commercial uses. Ms. Kramb said she was concerned that none of the Codes had been enforced on this site and the business had existed here for eight years. She asked what would ensure that it would be enforced if the Commission approved this Conditional Use. Ms. Adkins said Planning was not aware of the issues for several years and Code Enforcement became aware in 2002. She said most of Dublin's enforcement issues are complaint-driven and the property owner was notified that this was an issue and unfortunately, it has taken this long to come to a resolution after discussing what the appropriate solution would be. Ms. Adkins said in 2007, the applicant requested that through the Area Rezoning process, the zoning for their property be amended and it was denied. She said ever since then, Planning has been working with the applicant to come to a resolution. Ms. Adkins said much of the discussion has been less about use and more about the site meeting Code for parking, landscaping, utilities and it takes time to get to those processes. She confirmed that this had taken longer than normal, but there had been very little downtime with it. Ms. Adkins said the delay was not because Planning was not addressing these issues, but trying to resolve the first issue which was making the use legal in some way before the additional Code requirements would be addressed. Ms. Guernica-Hoge said her loan was commercial, and they really thought they were buying a commercial property. She said they were Dublin residents and wanted to have their property look nice, but they have not done anything because they were not sure of the outcome of their application. Mr. Fishman suggested a tabling and to have the applicant return and explain exactly what they are going to do with the house. He said normally, an applicant comes with a drawing showing what they plan to do if the changes are granted; that they are going to do stonework, paint, add shutters and a wheelchair ramp, and where the vehicles will be parked; those things needed to come into Code compliance. He mentioned that the last time he saw the site, there were trucks and cars everywhere, the paint was peeling, and the planting beds had not been manicured. He said he understood that was because they did not know what would happen. He said before he could vote he wanted to see what is going to be done and what everything will look like if this is granted. Mr. Langworthy pointed out that the Conditional Use would not become effective until the Dublin r' -Wing and Zoning Commission March 12, 2009 -Minutes Page 11 of 20 Rezoning was in effect, 30 days after the Second Reading before City Council, so there would be time to get some of the issues addressed. Mr. Fishman said he wanted to be shown what was planned and then there would be conditions requiring that they are done. He said Ms. Kramb's concern about parking and backing onto the road and those items should be addressed. Mr. Taylor said he supported the Rezoning and Conditional Use, but he could not vote on the Conditional Use until the Commission sees what does not meet Code on the building and how it is going to be addressed. Mr. Fishman said it should be an attractive place, and until he saw what the house, garage, and landscaping is going to look like, he did not know if he had a problem with it. Mr. Cline said he had never seen residential surrounded by industrial changed to an industrial use. He said he had changed the homes on Avery Road, in a very high visibility location in a residential neighborhood from residential to office, but the bottom line was that this was an industrial area, and the City says it will continue to be an industrial area. Mr. Fishman said in industrial areas, the buildings are made to look nice. Mr. Langworthy said clarification on these things could be brought back to the Commission. He said the Commission's concerns would be addressed; however Planning would like to see the rezoning portion move forward. Ms. Amorose Groomes said that the law did matter to the Commissioners and they certainly do not want to hear that anything that they might be saying would be to the contrary. She said she took issue with Criteria 3, That the proposed use would be harmonious with the existing or intended character of the general vicinity, that such use will not change the essential character of the same area. She said she did not know if the existing or the intended character is set such that asingle-family house in appearance would be in that location. Ms. Amorose Groomes said she thought the use was completely appropriate; however, she was not convinced that the facility is not detrimental to the intended character of the area because if it is going to be an area that is industrial in its use, then the things in that area ought to appear to be industrial rather than residential. She said she believed that was the reason why the Commission would like to see something about what is it going to look like because if it is going to be in an industrial area, and it is going to have an industrial use, it should have an industrial appearance. Ms. Amorose Groomes said she thought there was good cause and good reason to want to know what it is going to look like at the end of the day and she thought it was very legally based for that. She said there was strong language that would permit the Commission to have that kind of foresight. She said she understood that the applicants did not know what was going to be happening in those areas, but certain things like maintaining landscaping or weed-free plant beds, that sort of thing; she did not think would be conditional whether they would be there for two years or two weeks. Ms. Amorose Groomes said she had concern about the pavement and its proximity to the tree line on the north side. She said if the scale of the EMH&T drawing is correct, it looked like that the base of the trees are less than five feet off the curb or edge of asphalt to the property line, and she had some concern of the proximity of the existing trees and that they would be damaged and thus perish. Dublin - r-ning and Zoning Commission March 12, 2009 -Minutes Page 12 of 20 Mr. Cline said the plan showed, as Planning suggested, a fence rather than mounding because bushes underneath the trees would be problematic. He said the fence was the screening element suggested. Ms. Amorose Groomes said if the plan is correct, it shows an existing 17-inch caliper spruce tree and the fence looks to be about one-foot off the center of the tree, and so the fence will be maybe five or six inches off the trunk of the tree which she imagined would require the foliage of that tree to be limbed-up which might make it unsightly. Linda Menerey, EMH&T, said the spruce are at the end of their life and are already limbed-up. She said the two maple trees on Wilcox Road have been looked at by the City Forester who said they were also at the end of their cycle. She said they have been excessively topped by the utility company. Ms. Amorose Groomes said if the existing trees are not going to be there and making the parking lot and other improvements would cause them to perish, then drawings need to be submitted showing what might go in that area. Ms. Menerey said that Paula Chope, City Forester and Brian Martin, Landscape Inspector have visited the site and they would like to see the front trees removed because they are at the end of their life cycle. She said they would be willing to remove those spruce trees as well, because they are at the end, to get the fence there to provide the necessary screening. Ms. Menerey said the pavement gets closer to those trees and the driveway curves to the north to make the curb cut work. She said they looked at plans to extend the drive on the south side and make the parking come to the north, but the problem was that there was a guardrail and ditch on that side of the road and because of the Swale they could not make it work. Ms. Amorose Groomes asked if they could not make it work due to budgetary restraints or because it was not physically possible. Ms. Menerey said it was too costly and complicated, as was constructing the sidewalk. Ms. Amorose Groomes said she thought it would be appropriate for Engineering to be involved in what is planned for this roadway in regards to sidewalks and how it is going to be accomplished. She said if a rezoning is granted, it would have to meet zoning for the future so that there is not a `missing tooth' fifteen years later when the balance of it is developed. Ms. Menerey said they were bonding money for the sidewalk so it can be installed with City improvements. Ms. Adkins said a sidewalk or bikepath is required on both sides of ali streets in the City, and only City Council can waive that requirement. She said in areas where there is no sidewalk Engineering can collect the money required to build a sidewalk from the property owner and then use it to construct the sidewalk in the future. She said she did not believe this area was on the Bikepath Plan for the immediate future, but if development occurs, that would trigger the City to construct the sidewalk to connect to other sidewalks. Ms. Menerey said the bikepath exists on the west side of the road, south at the small office Dublin F' -ung and Zoning Commission March 12, 2009 -Minutes Page 13 of 20 development that is on the other side of the ditch. Mr. Cline pointed out that because of the stream bed, a sidewalk bridge would be needed, and that was probably not feasible. He said unless the City decided to fill in the ditch, because of the culvert, it would not be possible to put in a sidewalk to the south. He said the applicants were giving the money for a sidewalk in case the City desires to construct one in the future. Ms. Kramb said for the use, it also was not meeting Conditional Use Criteria 2: The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use. Ms. Adkins said a lot of the conditions speak to ensuring that all Code requirements are met. She said conditions could be added or modified to address any further concerns that the Commission had with the criteria. Ms. Kramb also called out Criteria 8: That it was not going to create interference on traffic on the roadway, because it was a rural route on which there is more traffic than we think. Mr. Zimmerman said he agreed with some of the things said. He said parking was an issue, but per Code, the intent of the parking has been met. He said five spaces were required and they had six; two in the garage and four in the exterior. He said if the pavement is placed according to Code, then a vehicle should be able to turn around and pull out front wise instead of backing out. He said regarding the Conditional Use, as long as the Building and Zoning Codes are met, that is the law. Mr. Zimmerman said that it will be inspected by the City to make sure it meets the Codes and that is the intent of what the law states. He said the key was that the property met the Code. Mr. Zimmerman said regarding the rezoning, currently the site is surrounded by SO and RI, so adding this parcel to the RI is not really detrimental. Motion #1 and Vote -Rezoning Mr. Zimmerman made the motion to recommend to City Council approval of this Rezoning application because the proposed request is consistent with the Community Plan and the development standards of the Restricted Industrial District. Mr. Taylor seconded the motion. The vote was as follows: Ms. Kramb, yes; Mr. Freimann, yes; Ms. Amorose Groomes, yes; Mr. Fishman, yes; Mr. Taylor, yes; and Mr. Zimmerman, yes. (Approved 6 - 0). Mr. Cline said they had no objection to a tabling of the Conditional Use application. He added that they probably would not want the rezoning to go forward until they find out if the Conditional Use is granted. Mr. Freimann said he wanted to know when the Conditional Use application returns, if a handicap access ramp was required and where it would be located, if there will be an awning and where it will be located, and if there is going to be a Master Maintenance sign, what it will look like and where it will be located. He said every proposed modification should be presented when this comes back because, he did not want to drag it out for details over and over. He said he thought the Commission generally supported this to make it work and wanted to keep the applicants in Dublin, but there were questions as to how to get from here to there. Dublin ~ 7ning and Zoning Commission March 12, 2009 -Minutes Page 14 of 20 Mr. Fishman echoed Mr. Freimann's comments. He said he wanted pictures of the building, landscaping, egress, and any sign as well as where the stone will be used, so that the Commission can vote intelligently. Mr. Cline said that Ms. Amorose Groomes commented about this looking industrial, but Mr. Fishman's comment about stone sounded like something other than industrial to him. Mr. Fishman said he was not asking that it be turned into an industrial building, but something that looked good in this area. He said he agreed with Ms. Amorose Groomes that this was an industrial site, but it was impossible to make a house look industrial, so it should look as good as possible and meet Code so that it looks nice in the industrial zone. Ms. Amorose Groomes said it had to fit in the character. Ms. Menerey pointed out that this was an expensive venture for the applicants. She asked if the Commission wanted photographs with a sketch over or actually an architectural as-built drawing of the building and which are needed later if they go far a Building Permit. Mr. Taylor said he understood that the building as it exists will not meet Code as an office building which would have to be fixed, and he did not know if that would require extensive drawings or what. Ms. Guernica-Hoge explained that they had spent a lot in the past trying to provide what was asked for by the City. She said they are Dublin residents and care for the community. She said they are going to fix the property and it will look nice, but she did not want to keep going through this because it had been incredibility stressful over the last six or seven years having to deal with Commission turnover again and again. She said they wanted to make this look nice and get this over with. Mr. Fishman reiterated that the Commission just wants to see what it will look like and what they are going to do to the property so that they can intelligently vote. He assured that the Commissioners would be there in a month when the applicants return. Mr. Fishman said however the applicants wanted to do what the Commission requested was okay with him. Ms. Guernica-Hoge said looking back on this whole process, they would never had put themselves through this, as wonderful a location it was, if they had gotten the correct information from the beginning. Mr. Cline said they would meet with Planning to figure out what abilities they have to define what is expected. He agreed they could do something with the architecture. Mr. Zimmerman said it was hard on this Conditional Use because they would not get their occupancy and everything unless they meet the Building Code, period. He said they have exactly what they need to meet legally, unless they do not meet Code. Mr. Freimann said this was a house and now it was an office and it does not meet the Code for the office. He said he heard the applicant's frustration, but his concern was that if a list of conditions is made to address all the Commission's concerns, and then a sign is wanted which Code permits, the applicant would have to come back for review and approval. Dublin - - nning and Zoning Commission March 12, 2009 -Minutes Page 15 of 20 Claudia Husak interjected that the rezoning is to a standard zoning district, RI, and the only reason the Commission is looking at the site and details of the building is that it is part of the Conditional Use. Mr. Freimann said the Commission had long discussions with Mr. Langworthy about non- conforming use versus illegal, and this is an illegal use of an office in an R-1, and now, assuming the RI is approved, it is an illegal building, not anon-conforming building, but an illegal building. Ms Adkins said it was anon-conforming building, and Mr. Langworthy agreed. Ms. Husak explained that the use was illegal. Steve Smith, Jr. further explained that the use right now does not meet Code for the zoning. Mr. Freimann said respectfully, he was not told that previously. He said this building never met Code. Mr. Langworthy said they were discussing property maintenance not meeting Code, not setbacks and the non-conforming building aspect of it. Ms. Husak clarified that if the applicants wanted a sign, they would not be required to return to the Commission for approval. She said if the rezoning is approved by City Council, any modifications made to the site would not be seen by the Commission; it would be a standard zoning district, not a planned district. Mr. Cline said the house currently does not meet the residential zoning code because the City rezoned it to a category that has standards that the structure. Mr. Freimann said he understood, but the building itself, did not meet RI requirements either. Mr. Cline said it met the setback requirements and every objective aspect of the RI District, but it just does not look like the Commission wants it to look. Mr. Taylor asked if Building Code issues were being referenced. Mr. Langworthy explained that the Commission did not have jurisdiction on the Building Code. He said there are three different codes to deal with and they are the property maintenance code, the Zoning Code, and the Building Code. He said Mr. Cline said he understood they had to meet the Building Code requirements prior to getting an Occupancy Permit. He said that Planning is going to enforce the property maintenance code in terms of repairs needed to be made to the building and the Commission is going to consider the use aspect of whether or not it meets the Conditional Use criteria. Mr. Langworthy explained that if a new building were built on this site, they would have to meet the new building requirements as an office building and it would not have to be reviewed and approved by the Commission because it would be a permitted use in a standard zoning district. Dublin F ung and Zoning Commission March 12, 2009 -Minutes Page 16 of 20 Mr. Fishman said all he wanted to know is what the plans and the site would look like, assuming the requested rezoning is approved. He said it could be done inexpensively by taking the old picture and drawing over it and that was ail he wanted to see before he voted on the Conditional Use. He said that way, when he drove by the site, he would know he made the right decision. Mr. Cline agreed to the tabling on behalf of the applicants. Motion #2 and Vote -Conditional Use Mr. Zimmerman made to motion to table this Conditional Use Application. Mr. Fishman seconded the motion. The vote was as follows: Mr. Freimann, yes; Mr. Taylor, yes; Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; Mr. Fishman, yes; and Ms. Kramb, yes. (Tabled 6 - 0). PLANNING REPORT PLANNING AND ZONING COMMISSION Lond Use and Lang Range Planning 58p[) S3 sin i • k~~i y ~ Bnuc o Ouf3lin. (]his a:i0 i 6~ 123d Phnnel TpR' ¢i a. ,IQ•46U0 Fox: 61~•R14-47x7 SY~ky SIIC. www.[iVk:lin.rNr.vS MARCH 12, 2009 SECTION I -CASE INFORMATION 1. Master Maintenance 6200 Wilcox Road 04-0422/CU Rezoning/Conditional Use Proposal: A rezoning of a site from R-1, Restricted Suburban Residential District to the RI, Restricted Industrial District and a conditional use to permit a service industry use located at the southeast corner of Wilcox and Shier Rings Roads. Request: Review and approval of a rezoning under the provisions of Section 153.234 and a conditional use under the provisions of Code Section 153.236. Applicant: John Hoge; represented by Christopher T. Cline, Attorney. Planning Contact: Tammy J. Noble-Flading, Senior Planner Contact Information: (614) 410-4649, tnoble-flading@dublin.oh.us Case Summary The applicant is requesting review and a recommendation of approval to City Council to rezone a 0.48 acre parcel from R-1, Restricted Suburban Residential District to RI, Restricted Industrial District. The application also includes a request for review and approval of a conditional use to permit administrative offices in the Restricted Industrial District. The site currently contains a 1,003-square-foot former residential structure and atwo-car detached garage, used for the offices of a commercial cleaning business. Both requests are based on bringing the uses into compliance with the Zoning Code. Case Background The site was part of a City sponsored rezoning application approved by City Council on May 17, 2007. The property was rezoned from the Washington Township R-1B, Restricted Suburban Residential District to the R-1, Restricted Suburban Residential District. The purpose of the rezoning application was to designate City of Dublin zoning classifications to properties, including the applicant's property that had zoning classification under Washington Township. This rezoning established comparable Dublin zoning to the properties but had no immediate impact on the existing use of the land. Prior to the 2007 area rezoning, the City attempted to establish Dublin zoning on the site in 2004, however that process was not completed: The rezoning and conditional use requests are for the Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 2 of 7 purposes of bringing the site into compliance with the use provisions of the Zoning Code and upgrading site improvements. Site Description Location The property is located on the east side of Wilcox Road approximately 125 feet south of Shier Rings Road. Site Character The site is relatively flat with a small elevation change in the southwest corner where the Cosgray Creek crosses the site. A guard rail extends along this portion of Wilcox Road to separate vehicular traffic from the creek. The property contains a single story, 1003-square-foot former residential structure with a detached 750-square-foot garage. A parking area is located north of the house in front of the garage. The remaining portion of the site is undeveloped. Surrounding Zoning and Uses All properties bordering the site are zoned RI, Restricted Industrial District. The property to the east is being utilized as commercial warehouse in the Dublin Commerce Park. Asingle-family home is located to the south. Vacant land across the street to the west is zoned SO, Suburban Office and Institutional District. Proposed Rezoning The Restricted Industrial District is the least intensive of the industrial districts in the Zoning Code. The uses permitted range from low intensity manufacturing and wholesaling to more service-oriented uses such as fitness centers and pet care services. A comparable chart is listed below that indicates the development standard for the R1, Restricted Suburban District, and the RI, Restricted Industrial District. Existing Zoning Proposed Zoning Rl -Restricted Suburban District RI- Restricted Industrial District Dwelling structures, home occupation, Manufacturing, wholesaling, fitness and Uses accessory uses, public schools and parks, recreational sports centers, pet care services, rivate schools, and reli ious institutions. outdoor et service areas, and ark and rides. Lot size shall be adequate to provide the yard Not less than 40,000 square feet per space required by these development standards Lot Area dwelling and meet local Board of Health and shall operate entirely with an enclosed Requirement (if applicable). structure and open service areas and loading docks shall properly screened. 150 feet at the front line of the building All lots shall abut a public street and have Lot Width and shall abut a public right of way fora adequate width.to provide the yard space minimum of 60 feet. re uired b these develo ment standards. One-third the sum of the height and depth of Total side yard of 25 feet with a minimum the structure, but in no case shall be less than Side Yard of 8 feet 15 feet from the interior lot line and 25 feet . from any residential or planned development district. Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 3 of 7 Existing Zoning Proposed Zoning Rl -Restricted Suburban District RI- Restricted Industrial District One-third the sum of the height and depth of 20% of the lot depth with a maximum of the structure, but in no case call be less than 15 Rear Yard 50 feet. feet from the interior lot line and 25 feet from any residential or planned development district. Hei ht 35 feet De endent on yard re uirements Lot 20% ~~°~ Coverage Conditional Use Plan Description Overview The Zoning Code requires a conditional use approval for all administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. Use The applicant is proposing to continue to use the site for the administrative offices of a commercial cleaning business, Master Maintenance. As part of this request, the applicant is proposing minor alterations to the site including expanding the parking lot to include four striped parking spaces, increasing the width of the driveway, relocating an existing fire hydrant, and adding landscaping and a fence along the property line to the north. No chemicals or cleaning supplies are stored on the property. Utilities Public sewer is available to the site, however connection to the public utilities can only be required if the utility lines are located within 100 feet of the property line. The existing lines are located beyond 100 feet, therefore the site will continue to utilize an existing septic system. The City of Dublin has been working with the applicant to ensure that all requirements of the local health agency are met prior to the applicant obtaining building permits. The City will require verification that the system is functioning properly, that physical access to the system can be obtained, and that routine maintenance will occur. This additional information will be required before an occupancy permit is obtained. The City will require connection to public utilities if the septic system is determined not to be in functioning order or if there is any issue of environmental contamination. The applicant has not provided information regarding how water is supplied to the site and the City will require this information, prior to the applicant obtaining building permits. Landscaping The site will be required to meet current landscape requirements of the City of Dublin Zoning Code. The applicant has submitted a landscape plan that indicates the site will comply with Code requirements; however more information will be required to ensure that construction activities will not interfere with existing vegetation. The City will require the applicant to Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 4 of 7 provide additional information regarding the type and location of tree protection fencing and conduct field verification to ensure the proposed privacy fence on the northern portion of the site will not impact the existing vegetation. This information will be required prior to the applicant obtaining a Certificate of Zoning Plan Approval. Parking Code requires one space per 250 square feet of administrative office, for a total of five spaces. The requirement is met through four spaces provided in the exterior parking lot and two in the existing garage. As part of the improvements to the parking area, the applicant will also be required to relocate a hydrant that is located within this area of the site. Traffic and Sidewalks The City Engineer will require that the applicant dedicate 35 feet of right-of--way on Wilcox Road. A pedestrian path is required along Wilcox Road. The site does not have existing paths to connect to on the south side of the site and installation of a path would also require crossing the creek. Based on these issues, the City has agreed to allow the applicant to pay a fee in lieu of installing the path. Based on 2008 sidewalk maintenance program costs, the estimated fee will be $3,250 based on the dimension of the required sidewalk. This will be the basis for the fee unless otherwise agreed upon by the City Engineer. SECTION II -REVIEW STANDARDS Standard District Rezoning The objective of this process is to rezone the existing site to a zoning classification that is more clearly in line with the future land use recommendations in the Community Plan. Planning is supportive of a light industrial land use as it is more appropriate for the land use patterns that are expected for this portion of the City. After the Planning and Zoning commission makes its recommendation, the case will be forwarded to City Council for a public hearing and final vote. With a positive recommendation from the Commission, a simple majority vote is required for passage. A negative Commission recommendation requires five votes for City Council passage. If the ordinance is approved, it will take effect in 30 days. Evaluation and Recommendation based on the Community Plan Future Land Use: The adopted Future Land Use Map in the Community Plan depicts the site as Low Density Office/Research and Development. This land use classification includes a mixture of predominately non-residential employment uses that include office, research and development land use with components of light industrial uses. Future Land Use met: Planning considers the RI, Restricted Industrial District, to meet the general intent of the land use classification of the Community Plan and concludes the use is consistent with the zoning districts and associated land uses within the surrounding area. Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 5 of 7 Conditional Use Administrative offices are a conditional use in the RI, Restricted Industrial District. Conditional uses, while often desirable, differ from permitted uses in that they may have greater impact on the surrounding area. The intent of the conditional use process is to set forth development standards and criteria for locating and developing a conditional use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans. The conditional use request includes all of the details of the proposed use, and the Commission may approve, disapprove, or approve with modifications. Upon a favorable finding, the Commission shall approve a conditional use application within 30 days following the public hearing. Appeal of any action taken by the Commission shall be to the Court of Common Pleas in the appropriate jurisdiction. Following approval by the Commission, the applicant may proceed with the building permit process. A Certificate of Zoning Plan Approval for a conditional use must be issued within one year of Planning and Zoning Commission approval, or the approval expires. Evaluation and Recommendation Based on the Conditional Use Review Criteria Section 153.236(C) of the Code identifies criteria for the review and approval for a conditional use. The criteria are arranged in the following categories and may be in a different order than listed in the Code: Policies of the Community (Criteria 1 & 2). The proposed use will be harmonious with and in accordance with the specific objectives of the Zoning Code and/or Community Plan and comply with all applicable development standards. Criteria are met through conditions: The 2007 Community Plan classifies this site as Office/Research and Development which is intended to permit the same general type of low intensity industrial uses as proposed as part of the conditional use request. The use is conducive to the surrounding community and will not negatively impact the surrounding area. To effectively meet the goals of the Community Plan in terms of community infrastructure, the City has agreed to collect fees in lieu of constructing a bike path along Wilcox Road (Condition 5). Impact to the Surrounding Community (Criteria 3, 4, 6, 9, & 10). The proposed use will be harmonious with the existing or intended character of the general vicinity, will not be hazardous to or have a negative impact on surrounding uses, will not be a detriment to the economic welfare of the community or property values in the immediate vicinity, and will not impede the orderly development of the surrounding properties. Criteria are met through conditions: The site will continue to maintain the appearance of a residential structure while improving the overall appearance by increasing the landscaping and the construction standards of the parking area. The City will require that building permits be obtained to make any internal modifications necessary based on the change of use (Condition 7). No signs are proposed and the use will have minimal impacts, if any, to the surrounding community. Necessary Infrastructure (Criteria S, 7 & 8). The area and proposed use(s) will be adequately served by essential public facilities and services and will have vehicular approaches that are Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 6 of 7 appropriately designed to not create interference with traffic on surrounding public or private road systems. Criteria are met through conditions: The applicant is proposing to use the existing building for the office use and is proposing minimal modifications to the site. The applicant will modify the parking area, including relocating an existing hydrant (Condition 4) so that the hard surface will be maintained with the type of traffic associated with a commercial use, and screening will be provided for these vehicular areas. The applicant will be required to provide additional information regarding existing utilities (Conditions 3 and 6) and dedicate right-of--way (Condition 2). SECTION III -PLANNING OPINION AND RECOMMENDATION Standard District Rezoning: Approval. The proposed request is consistent with the Community Plan and the development standards of the Restricted Industrial District; therefore Planning recommends approval of the rezoning. Conditional Use: Approval with Conditions Planning also recommends approval of the conditional use request based the fact that the proposal complies with the conditional use criteria with seven conditions: Conditions: 1) That the conditional use is contingent upon approval of the rezoning request by City Council; 2) That the right-of--way be dedicated to the City of Dublin within 60 days of rezoning approval; 3) The property owner meets all requirements of the City and the Franklin County Board of Health regarding the existing septic system, or tie into public sanitary sewer, if required by either agency; 4) That the hydrant re-location and appropriate permits be obtained from the City of Dublin; 5) The property owner pay a fee in lieu of construction of a pedestrian path as determined by the City Engineer; and 6) The property owner identifies the source of water service to the structure prior to the issuance of an occupancy permit. 7) The City will require that building permits be obtained to make any internal modifications necessary based on the change of use. Dublin Planning and Zoning Commission March 12, 2009 -Planning Report Case No 04-0422/CU -Page 7 of 7 Conditional Use Review Criteria: Section 153.236(C) sets out criteria for the review and approval of a conditional use. (C) Action by the Planning Commission. The Planning and Zoning Commission shall hold a public hearing and shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements: 1) The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Code and/or Community Plan. 2) The proposed use will comply with all applicable development standards, except as specifically altered in the approved conditional use. 3) The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. 4) The use will not be hazardous to or have a negative impact on existing or future surrounding uses. 5) The area and proposed use(s) will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. 6) The proposed use will not be detrimental to the economic welfare of the community. 7) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district. 8) Vehicular approaches to the property shall be so designed as not to create interference with traffic on surrounding public and/or private streets or roads. 9) The proposed use will not be detrimental to property values in the immediate vicinity. 10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. CITY OF DUBLIN,. PLANNING REPORT PLANNING AND ZONING COMMISSION APRIL 12, 2007 2. Area Rezoning Case Number: Request: Procedure: Applicant: Affected Parcels: Planning Contact: Southwest Quadrant Rezoning (Area 1) Rezoning 01-1102 To establish Dublin zoning on approximately 262 acres, south of SR 33/L1S 161, west of I-270, north of the municipal boundary, and east of Avery Road retaining Washington Township zoning. Review and approval of an ordinance to establish Dublin R-1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial zoning under the provisions of Code Section 153.004(D). Jane S. Brautigam, City Manager, City of Dublin. 273000175, 273000176, 273000297, 273000326, 273000328, 273001049, 273001584, 273001585, 273002144, 273004509, 273004514,273004998,273004999,273004999,273005000, 273005371, 273005377, 273005380, 273005386, 273005387, 273005388, 273005390, 273005394, 273005405, 273005406, 273005413,273005414,273005415,273005417,273005419, 273005420, 273005429, 273005457, 273005458, 273005463, 273005465, 273005584, 273005585, 273005586, 273005587, 273005588, 273005589, 273008237, 273008238, 273008239, 273010148, 274000015, 274000024, 274000099, 274000100, 274000103, 274000104, 274000105, 274000111, 274000118, 273000178, 273000179, 273000331, 273000343, 273000351 273000352, 273000353, 273000353, 273000354, 273000355, 273000855, 273005720, 273005378; 273005389, 273005400, 273005389, 273005400, 273005391, 273005417, 273005392, 273005407, 273005397, 273005395, 273005466, 273005581, 274000096, 273005582, 274000158, 273008179, 274000102, 274000101, 274000119, 274000107, 274000120. Tammy Noble, Senior Planner, and Jamie Adkins, Planner II. Dublin Planning and Zoning Commission Planning Report -March 15, 2007 Case No. 01-1102 Page 2 of 3 BACKGROUND: On the advice of Dublin's Law Director, Planning has systematically researched Dublin zoning activity on all parcels annexed into Dublin. Through this investigation, Planning has found several areas where zoning was not formally established as required bylaw. Land Use and Long Range Planning is responsible for compiling and processing "area rezoning" applications to formally establish Dublin zoning wherever there is a~ question about the zoning history. The first major area rezoning was undertaken in 2001, and it covered the Northeast Quadrant of Dublin. Additional rezonings have been introduced since that time, however, in early 2004 this process was discontinued based on reprioritization of projects and associated staff time. The sites in this case were annexed between 1965 and 1990; there is no history of a formal rezoning ordinance for these areas since that time. This rezoning will establish comparable Dublin zoning and is a records maintenance issue with no immediate impact or effect on existing uses. A 1976 ordinance requires adherence to Dublin standards, wherever they are stricter, following annexation. Therefore, Dublin's development standards will apply if this rezoning is not adopted. However, the failure to formally establish Dublin zoning on the property will make administration and enforcement difficult. Case Summary: This is a request for review and approval of a rezoning to Dublin R-1, Restricted Suburban Residential, RI, Restricted Industrial, and LI, Limited Industrial zoning districts. All legally non- conforming uses and structures will be subject to the requirements of Section 153.004(C) of the Dublin Zoning Code. Planning recommends approval of this rezoning. Site Description: The properties listed in this application were annexed from Washington Township and/or Franklin County between 1965 and 1990. The area is comprised of 89 parcels, totaling approximately 262 acres. The existing zoning is Washington Township R-1B, Restricted Suburban Residential District, RI, Restricted Industrial District, and LI, Limited Industrial District. The parcels are located south of Dublin-Granville Road, west of the Scioto River, north of Rings Road, and east of Frantz Road. This application includes residential homes and City parkland. Parcels range in size from approximately one-half to 21 acres. The proposed zoning classifications selected are generally equivalent to the existing Township zoning classifications for the area. Proposed Rezoning: No development is proposed as part of this application, and it has no effect on utilities. Currently, municipal water and sanitary services are available to some of these properties. The zoning change does not affect utility status. In addition, new development anywhere in Dublin, including on these parcels, must comply with adopted stormwater management regulations and other development standards for the City of Dublin. Planning mailed an informational letter to the property owners on March 16, 2007 with an update of the process and proposed zoning change (See attachment). Dublin Planning and Zoning Commission Planning Report -March 15, 2007 Case No. 01-1102 Page 3 of 3 After the Planning Commission makes its recommendation, the case will be forwarded to City Council for a public hearing and final vote. With a positive recommendation from the Commission, a simple majority vote is required for passage. A negative Commission recommendation requires five votes for City Council passage. If the ordinance is approved, it will take effect in 30 days. SECTION II -REVIEW STANDARDS: The objective of this rezoning process is to establish Dublin zoning classifications on all properties that either retain Washington Township zoning classifications, or do not have sufficient documentation to demonstrate Dublin zoning. This process provides consistent regulatory standards for all properties within the City of Dublin and ensures the preservation of private property rights by assigning equivalent zoning classifications to the existing zoning on each parcel of land. The Future Land Use Map (Map 8) of the Community Plan, amended by City Council in 2005 designates the existing land use of these sites as "Residential," "Non-Residential," and "Public Park" and the future land uses as "Retail," "Mixed Use-Employment Emphasis," and "Office." SECTION III -RECOMMENDATION: Planning research indicates these properties were not placed in a Dublin zoning classification by passage of a formal rezoning ordinance. This rezoning will provide an appropriate Dublin zoning classification for land within the city limits to provide for the effective administration of development standards, and avoid any future Code Enforcement issues arising from township or county classifications and inconsistencies with the Dublin Zoning Map. The rezoning will maintain the established development pattern that has been in place for many years and reflects land uses consistent with those listed in the Community Plan. Planning recommends approval of this rezoning on the basis that this action provides proper Dublin zoning and is primarily a housekeeping effort. City of ^ublin Land Use and Lang Range Planning 01-1102 Area Rezoning Southwest Quadrant (Area Rezoning J 0.125 0.25 N 0.5 n CITY OF DUBLIN,_ Divaio~ of ~niag 511 Shier-Raigs Road Du61'~n, Ohio 43016-1236 Phone/f DD: 614 10-4600 Fax: 61410-4147 Web Site: www.duh~in.oh.us PLANNING AND ZONING COMMISSION RECORD OF ACTION FEBRUARY 19, 2004 The Planning and Zoning Commission took the following action at this meeting: 1. Rezoning 01-1102 -Southwest Quadrant Rezoning (Area 1) Location: Approximately 85 parcels comprising an area of approximately 264 acres, as annexed from Washington Township prior to 1990, bounded on the north by Columbus- Marysville Road (SR 33/US 161), to the east by I-270, to the south by the corporate boundary line, and to the west by Avery Road. Existing Zoning: R-1B, Limited Suburban Residential, RI, Restricted Industrial, LI, Limited Industrial, and NC, Neighborhood Commercial Districts (All Washington Township Categories). Request: Review and approval of an ordinance to establish Dublin R, Rural R-1, Restricted Suburban Residential, RI, Restricted Industrial, LI, Limited Industrial and NC, Neighborhood Commercial Districts zoning under the provisions of Section 153.004(D)e Property Owners: All addresses are located within Dublin Ohio 43016 or 43017 unless otherwise noted. Guy Investment Co Ltd, 5810 Shier-Rings Rd; John Sanders, 5820 Shier-Rings Rd; Diocesan Publications, 6161 Wilcox Road; Consolidated Biomedical Laboratories Inc (Labcorp), 6380 Wilcox Rd; Ohio State University Bd Of Trs, 6370 Wilcox Rd; Ballantyne Family LP, 5750 Shier-Rings Rd; Roche Biomedical Laboratories Inc., 6380 Wilcox Rd; Bates Property Management Ltd Afdt, 5500 Stanley Steamer Pkwy; Medex Inc., 6252 Avery Rd.; City Of Dublin, c/o Jane Brautigam, City Manager, 5200 Emerald Parkway; Washington Township Bd Of Trustees, 6255 Shier-Rings Rd; John & Betty Scheuerman, 6190 Wilcox Rd; John Hoge & Amarilys Guernica-Hoge, 6200 Wilcox Rd; Washington Township Bd. of Trustees, 6279 Shier-Rings Rd; Kinetics Properties LLP, 6300 Irelan Place Po Box 655; Ignatius & Margaret Dostal, 6363 Wilcox Rd; Donald Rose, 195 Stonefence Lane; Mary Benson, 6275 Wilcox Rd; ' Mark Wise, 6301 Wilcox Rd; Joseph Achtner, 6345 Wilcox Rd; St Johns Lutheran Church, 6135 Rings Road, Dublin, Ohio; Washington Township Bd Of Trustees, 6279 Shier-Rings Rd; James Connolly & Donald Delewese, 6100 Avery Rd; Lennart & Frauenberg c/o Danielle Overmeyer, 5720 Avery Road; State Of Ohio, 6317 Irelan P1; Alice Young, 6324 Irelan Pl; Farm & Power Equipment Retailers, 6124 Avery Rd; Ohio Seed Improvement Association, 6150 Avery Rd; Dolan Investments II, 6145 Scherers Pl, Kinetics Properties L P, 6300 Irelan Place P.O. Box 655; Timothy Mansberry, 5781 Wilcox Rd; Scott & Cheryl Shafer, 5867 Wilcox Rd; Roger & Joyce Cramer, 5700 Page 1 of 2 01-1102 Area Rezoning Southwest Quadrant -Area 1 1'I..ANNING AND ZONING COMMTSSIUN RECORD OF ACTION FEBRUARY l9, 2004 1. Rezoning 01-1.102 -Southwest Quadrant Rezoning (Area 1} (Continued) Wilcox Itd; Faith Evangelical Free Church Of Central. Ohio, 5756 Wilcox lid; Jahn: & Norma lvlock, 5732 Wilcox Itd; Steven lVlartiri, 5585 Rings Rd; David & Marlene Sirn~xsexman, 5595 Rings Rd; Luther Shrader, 5750 Avery Rd; Charles & Lisa Adams, 5781 'Wilcox Rd; Deiuiis I=laffer, 57U4 Avery Rd; Vineyard Clu-istiaz~ ~'ellashil~ at Tuttle Crossing, 5400 Avery Rd; Ilija. ~ Danise Karanfilov, 5378 Aver}1 Ind; Thomas fir. & Susan 'Watkins, 5488 Old Wilcox IZd; Duane & Judy Corbett, 5539 Tuttle Rd; Russell & Carol Duetrimel, 5529 Tuttef, Rd; Thomas Mcdowell, 5742 Dublin. Road; Donald & Dianne Lowery, 5625 Tuttle ltd; George & Ruth Sherman Co-'l'rs, SG09 Tuttle Itd; David & Robert 2~:. Jane Eickholt, P.O. Bax 21142 Colttnribus, ©hio; Donald & I3iaritte bowery, 5625 Tuttle Crossing Blvd; Judy ~ Duane Corbett, 5539 Tuttle Grassing Blvd; Diedre $ainbridge, 5374 41d Wilcox Rd; Katherine Tatterson, 5472 Old Wilcox Rd; Charles & Mary I~Iolliday, 5454 Old Wilcox Rd; Samuel & Susan Stine, 5590 Tuttle Rd. Applicant: City of Dublin, clo Jane Brairtigam, City Manager, 5240 Emera}d Parkvaay, Dublin, E)hio 43417. Staff Cantaet: Anne 'Wanner, Senior Planner. MOTION: To approve this area rezoning because it hill provide an appropriate Dublin zotung classification for }and within the City }units to provide for the effective administration of development standards, procedures, etc., it will maintain the established development pattern that has been in place far many years, anal it reflects land uses consistent with those listed irr the Community Plan. VOTE: 5-0. RESULT: This area rezoning was approved. It will be forwarded to City Council with a positive recamniendatian. S'1'Al?F CERTIFICA'1`lON ~^ ~ Frank A. Giarochi - _~ Aeti~lg Planning Director Page 2 of 2 01-1102 Area l~eloi~ing Southwest Quadrant ~ Area } Dublin P}arming and Zoning Cornmissian Minutes -February 19, 2004 Page 2 1. Rezflri~g (11-1102 _ Southwest Quadrant Rezoning (Area 1) Anne Wanner said during the first reading of this case in April Zl?02, City Council directed staff to bald a property owner informational meeting. Since that date, staff has held meetings in a property owner's home, at the recreational center, and for the industrial property owners at the Washington Township Fire L)epartment Administration Building. She said based om Wzicvx Road and Rings Rvad homeowner input, staff began tihe process of a PUI), Planned Unit Develapn~.ent district rezoning. ()n February 2, X004, City Council suggested that the PUD property owners be separated from this application. This application tonight. does not include the PUT) property owners. They will have a separate application that will be brought to the Cvmrission at another time. Ms. Wanner showed a aerial slide of the site bounded by SR 161 on the north, Avery Road. on the west, the Gorporatc Boundary Line on the south, anti I-'?70 vn the east side. She said them were three groupings of properties, most}y divided by residential developments, feather Glen, Sandy Corners, Trinity Park. There are $4 parcels included in this rezoning which amounts to approximately 2~4 acres. All of the properties ware axu~exed betv~feen 1965 and 1990. The majority were annexed in 1990. Many of thew zonings have shown up on Dublin's historical zoning maps for a number of years. There are RI, Restricted Industrial Districts slang the month. A small property is proposed for the LI, Limited lndustrial District. The St, John's Lutheran Cemetery is proposed for R, Rural I3lstrict. The R-1, :Restricted Suburban Residential District is proposed for properties through Woerner-'Temple (including the Woerner-Temple Park). She said the property awners of the Avery Road Farm Market (5378 Avery Raad) provided evidence that they were zoned Neighborhood Commercial just prior to being annexed iota Dublin. Therefore, their zoning district will be designated as Neighborhood Commercial. Buildings in this rezoning along Shier- Rings Raad are Medex, Stanley Steemer, and some businesses along Ireland Place. She said 5704 Avery Road was proposed Restricted Industrial. The south side of Tuttle Road single- familyhomes o~~ it proposed for the R-l -istrict. IV1s. Wa~u~e.r said as in all area rezanings, staff considers this as a }cause keeping item and recommends approval of this area rezoning. 1u1r. Gerber reminded the Carnn~issionexs that they are to consider this case and make recommendations to Gity Council who will take final action. The purpose of this case is to reaffirm the zanimg classification on the properties that were in control by Washington Township zoning prior to being annexed into the City, It is not appropriate to consider rezoning these properties at this time to zoning classifications that may be consistent with the Future Land Use Map. Mr. Zimmerman made a motion to approve this area rezoning because it will provide an appropriate -ublin zoning classification for laird within the City limits to provide for the affective administration of development standards, procedures, etc., it will maintain the established development pattern that has been in place far many years, and it reflects land uses consistent with those listed in the Corrununity Plan. Mr. Gerber seconded the motion, algid the vote was as follows: Ms. Boring, yes; Mr. Sprague, yes; Mr. Messinea, yes; Mr. Garber, yes, and Mr. Zimmerman, yes. (Approved 5-4.) Mr. Gerber thanked Ms. ~~ri~~r ~^r act t1~.r t~~r~ work an this application. 01-11111 Area Reza~~ir~g Southwest C~r~adrant - A~-ca 1 RECORD OF PROCEEDINGS Minutes of Dublin City Council Page 7 Meeting April 8, 2002 INTRODUCTION & FIRST READING -ORDINANCES Ordinance 47-02 - An Ordinance to Establish Dublin Zoning for Approximately 99 Parcels Comprising Approximately 302 Acres, as Annexed from Unincorporated Washington Township Prior to 1990, Bounded on the North By U.S./SR 161, to the East by I-270, to the South by the Dublin Corporate Boundary Line, and to the West by Avery Road, as: R, Rural District; R-1, Restricted Suburban Residential District; RI, Restricted Industrial District; and/or LI, Limited Industrial District In Accordance with the Attached Map; (Case No. 01-110z -Southwest Quadrant Township Rezoning) Ms. Salay introduced the ordinance. Mayor McCash stated that Mr. Yoder had requested an opportunity to offer public comment on this issue tonight. However, Council will refer this legislation to the Planning Commission for review, and Mayor McCash advised Mr. Yoder that most of his concerns would be more appropriately addressed at the Planning Commission's hearing. One concern, however, voiced by Mr. Yoder was his inability to arrange a meeting with City staff to address some of the issues prior to introduction of the ordinance. He noted that an April 8th memo from Ms. Clarke on this issue was included in tonight's meeting materials. It is not likely, however, that Mr. Yoder has received a copy. Ms. Grigsby said that this discussion occurred only today in response to issues Mr. Yoder raised in his letter. Mayor McCash noted that he and Ms. Grigsby spoke on Friday regarding this issue. At that time, he asked for a comparison between the township zoning districts and Dublin's. Mayor McCash suggested that staff meet with the affected residents prior to the Planning Commission hearing. Mr. Smith responded that the Law Department sent notification to the property owners explaining the City's action, and providing the Law Director's and Planning Director's phone numbers. This is the second phase of the rezoning. Last year, there were approximately 240 residents in the northeast quadrant whose properties were rezoned in a similar action; three or four residents had issues, which were addressed on an individual basis. This time, there are 99 affected residents. If a pre-P&Z meeting is suggested by Council, that can be arranged. Mr. Smith will coordinate the effort with the Planning Division. A postcard can be sent to the property owners inviting them to attend the meeting. Mayor McCash moved to refer the ordinance to the Planning and Zoning Commission. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Salay, yes. Bill Yoder 5661 Wilcox Road, stated that last week, he and his neighbors received a letter notifying them that the legislation would be submitted to City Council tonight for rezoning of their properties. They all have concerns and questions, including why this action is necessary, who is requesting the change, and why the current zoning rules cannot remain in place as they have for over twelve years. Most problems can be resolved by discussions between the parties. Why not rezone the industrial commercial areas first, and take the appropriate time to work with the residents on the rezoning of residential properties? It appears that the solution is being given before the residents have had a chance to consider the questions. Staff has indicated that these are not actual rezonings but parallel reclassifications and that impacts will be minor. But for his property, the new zoning will reduce the development potential by one- third, eliminate the current agricultural use, render the $20,000 barn useless, and reduce the resale value of the property as a whole. The proposed rezoning will allow a host of negative land uses on the property next to his rezoned, one-acre minimum lot, causing enormous devaluation of his property. The residents have been given only one week's notice of this rezoning action which will impact property values and the residents' quality of life. He and his neighbors request that this issue be reconsidered. With residents/owners/staff working together, it is possible to develop an ordinance that addresses the issues and gains the support of all parties. Mayor McCash responded that staff will schedule a meeting with the residents. It maybe possible for the Planning Commission to separate the residential from the industrial, as he has suggested. RECORD OF PROCEEDINGS Minutes of Dublin City Council Page 8 Meeting Held April 8, 2002 19 Ms. Salay asked if it would require Council direction for the Commission to do so? Mr. Smith responded that the Planning Commission could send back a recommendation that they be separately addressed. He would like the opportunity to discuss the issue with staff, then forward a response to Council before the next meeting. Ms. Salay requested that a copy of Ms. Clarke's Apri18`h memo to Mr. Ciarochi be provided to Mr. Yoder. Mayor McCash asked whether a formal response from staff to Mr. Yoder's letter would be forthcoming. Mr. Ciarochi responded that could be done. Brief discussion followed. Ms. Salay stated that she was one of the members of the Planning Commission who suggested that the City move forward on rezoning the annexed land from the township, but her focus was on the industrial properties, not the residential. Mayor McCash suggested that there maybe some changes needed in the residential section of the UDC that would render a property under the City's R-1 zoning essentially the same as under the township zoning. Mayor McCash suggested that staff compile a list of items of this nature that should be addressed in the UDC process. He asked that Council be copied on Ms. Clarke's response to Mr. Yoder. A second reading/public hearing of this legislation will be scheduled upon receipt of recommendation from Planning & Zoning Commission. f f m Jerome Towns ,Union County to the C' y of Dublin. r. Kranstuber intr duced the ordinance. Ms. Grigsby sta that the property is locat south of Mitchell Dewi and west of Hyland-Croy oads. It is the first prope within the negotiated se ice area to petition fo annexation to the City. Th efore, the City was obli ed to obtain the consent f the City of Columbus to rve the area. Included i ouncil's packets is a co of the City of Columbus r olution which provides eir consent. The s and issue regarding this pr erty is the fact that it ab s property owned by e etro Parks. The Metro P s has not taken a forma osition on the annex on, /but believe that the conc t plan as currently prop ed would compleme he Metro Park area. Or 'ante 48-02 - An 4i~dinance Accepting the exation of 60.4+/- Mr. Reiner inq~ed about the concept pl~ffor the 60 acres. Ms. Clar noted that the annexatio petition is brought fo rd by a developer, Jerry S ove. His proposal is to eak up the parcel into eries of primarily instil tional parcels for a chur and school. There is mall retail compo t. He i aware that the plan will e to go through the D in review process d that this plan does not confo to the Community Pla . Mr. Lecklider stat that, in view of the ant'e~pated passage of Or ~ ante 52-02, later on the age a, he would like clarific ion of the zoning cat ory for this pay upon annexa 'on. Mr. Smit esponded that it would categorized in a hold g zone of R-Rur Mr. Le lider affirmed that the C~ y will have discretion garding its ultim e zoni g category. Tyre will be a second read g/public hearing at the pri122 Council eting. PROPOSED ZONING § 153.020 R-1, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT. (A) Permitted use. Land and buildings in the Restricted Suburban Residential District shall be used only for the following purposes: (1) Dwelling structures. One-family dwelling structures. (2) Home occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of § 1183.04. (3) Accessory uses. Accessory buildings and uses in association with permitted dwellings as specified in ~ 153.074, including: Domestic servants' quarters(employed on the premises) . (4) Public school and parks. (a) Public school offering general educational courses and having no rooms regularly used for housing or sleeping of students. (b) Parks, playgrounds and playfields. (5) Private school. Private school offering general educational courses similar to those ordinarily given in public schools and having no rooms regularly used for housing or sleeping of students, providing it occupies a lot of not less than five acres. (6) Religious. Church or other place of worship provided it occupies a lot of not less than five acres. (B) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Restricted Suburban Residential District. (1) Lot area and coverage. For each dwelling unit there shall be a lot area not less than 40,000 square feet per dwelling unit. (a) For each permitted use and conditional use the lot area shall be adequate to meet the sanitation requirements of the County Board of Health, but shall not be less than that prescribed for such use. . (b) One principal use shall be permitted on a lot, and such lot shall not be covered more than 20% by structure. (2) Lot width. For aone-family dwelling there shall be a lot width of 150 feet or more at the front line of the dwelling, and such lot shall have access to and abut on a public right of way for a distance of 60 feet or more. For a conditional use the lot width shall be adequate to meet the development standards of the Restricted Suburban Residential District. (3) Side yard. For dwellings or associated accessory buildings there shall be a total of side yards of 25 feet or more with a minimum of eight feet on one side. For a conditional use, except dwellings, and accessory structures thereto, there shall be a side yard on each side of a building of 25 feet or more. (4) Rear yard. For main buildings, there shall be a rear yard of 20% or more of the lot depth, except that a rear yard of more than 50 feet shall not be required. (5) Maximum height. No dwelling structure shall exceed 35 feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. 01-1102 Area Rezoning Southwest Quadrant -Area 1 PROPOSED ZONING 153.032 LI, LIMITED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Limited Industrial District: (1) Redistricted Industrial District. Any permitted use of the Restricted Industrial District shall be permitted in the Limited Industrial District. (2) Manufacturing. 2013 Sausages and other prepared meat products 202 Dairy products 204 Grain mill products 208 Beverage industries 221 Broad woven fabric mills, cotton 222 Broad woven fabric mills, man-made fiber and silk 223 Broad woven fabric mills, wool: including dyeing and finishing 224 Narrow fabrics and other small wares mills: cotton, wool, silk, and man-made fiber 225 Knitting mills 226 Dyeing and finishing textiles, except wool fabrics and knit goods 227 Floor covering mills 228 Yarn and thread mills 229 Miscellaneous textile goods 251 Household furniture 252 Office furniture 253 Public building and related furniture 254 Partitions, shelving, lockers and office and store fixtures 259 Miscellaneous furniture and fixtures 264 Converted paper and paperboard products, except containers and boxes 265 Paperboard containers and boxes 313 Boot and shoe cut stock and findings 319 Leather goods not elsewhere classified 336 Nonferrous foundries 3444 Sheet metal work 3591 Machine shops, jobbing and repair 363 Household appliances 364 Electric lighting and wiring equipment 369 Miscellaneous electrical machinery, equipment and supplies 393 Musical instruments and parts 394 Toys, amusements, sporting and athletic goods 395 Pens, pencils and other office and artists' materials 396 Costume jewelry, costume novelties, buttons and miscellaneous notions, except precious metal 398 Miscellaneous manufacturing industries 399 Manufacturing industries not elsewhere classified (3) Warehousing, wholesaling and transportation services. 401 Railroads 402 Sleeping car and other passenger car service 404 Railway express service 421 Trucking, local and long distance 01-1102 Area Rezoning Southwest Quadrant -Area 1 422 Public warehousing 423 Terminal and joint terminal maintenance facilities for motor freight transportation 471 Freight forwarding 472 Arrangement of transportation 474 Rental of railroad cars 478 Miscellaneous services incidental to transportation 501 Motor vehicles and automotive equipment 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and related products 505 Farm products -raw materials 506 Electrical goods 507 Hardware, and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 509 Miscellaneous wholesalers (except scrap and waste materials) (4) Service industries. 151 General building contractors 161 Highway and street construction, except elevated highways 162 Heavy construction, except highway and street construction 171 Plumbing, heating and air conditioning 172 Painting, paper hanging, and decorating 173 Electrical work 174 Masonry, stonework, the setting and plastering 175 Carpentry and wood flooring 176 Roofing and sheet metal work 177 Concrete work 178 Water well drilling 179 Miscellaneous special trade contractors. (B) Conditional use. The following uses shall be allowed in the Limited Industrial District, subject to approval in accordance with § 153.236. (1) General Industrial District. Any permitted use of the General Industrial District developed in accordance with the development standards of this district. (2) Commercial establishments. Commercial establishments normally associated with and intended to serve the industrial establishments or their employees. 581 Eating and drinking places 602 Commercial and stock savings banks 612 Savings and loan associations 614 Personal credit institutions 615 Business credit institutions 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 807 Medical and allied services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions. (4) Personal and consumer services. Personal services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption intended to serve the industrial establishments or their employees. 01-1102 Area Rezoning Southwest Quadrant -Area 1 (a) Personal. 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 727 Pressing, alterations and garment repair 729 Miscellaneous personal services (b) Business. 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 736 Private employment agencies 739 Business services not elsewhere classified (except research, development and testing laboratories (see § 153.026(B)(3)(a)) (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Limited Industrial District. (1) Intensity of Use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall entirely enclose its primary operation within a structure. Open storage and service areas and loading docks shall be screened by walls or fences at least six feet but not more than 12 feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal production, storage, service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (b) Permitted uses of this district maybe developed in accordance with the development standards of ~ 153.031. (2) Lot width. All lots shall abut a public street for a distance of 100 feet or more and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open storage, service and loading areas, the required side yards shall be not less than one-third the sum of the height and depth of the structure, but shall not be less than 50 feet from any residential zoning district as listed in § 153.016, except in accordance with the development standards of § 153.031. (4) Rear yards. For main and accessory structures including open storage, service and loading areas, the required rear yards shall be not less than one-third the sum of the height and width of the structure, but shall not be less than 50 feet from any residential zoning district or planned development district as listed in § 153.016, except in accordance with the development standards of ~ 153.031. ('80 Code, §§ 1171.01 - 1171.03) (Ord. 21-70, passed 7-13-70) Pe~lalt~ see § 153.999 01-1102 Area Rezoning Southwest Quadrant -Area 1 P.R4P4SED ZONING 153.031 RI, RESTRICTED INDUSTRIAL DISTRICT. (A) Permitted use. The following uses shall be perniitted in the Restricted Industrial District: (1) Manufacturing. 204 Canning and preserving fruits, vegetables and sea foods (except canned and cured sea foods and fresh or frozen packaged fish) 205 Bakery products 2071 Candy and other confectionery products 231 Men's, youths' and boys' suits, coats and overcoats 232 Men's, youths' and boys' furnishings, work clothing and allied garments 233 Women's, misses' and juniors' outerwear 234 Women's, misses', children's and infants' undergarments 235 Hats, caps and millinery 236 Girl's, children's and infants' outerwear 237 Fur goods 238 Miscellaneous apparel and accessories 239 Miscellaneous fabricated textile products. 271 Newspapers: publishing, publishing and printing 272 Periodicals: publishing, publishing and printing 273 Books 274 Miscellaneous publishing 275 Commercial printing 276 Manifold business forms manufacturing 277 Greeting card manufacturing 278 Bookbinding and related industries 279 Service industries for the printing trade 283 Drugs 314 Footwear, except rubber 315 Leather gloves and mittens 316 Luggage 317 Handbags and other personal leather goods 323 Glass products, made of purchased glass 366 Communication equipment 367 Electronic components and accessories 381 Engineering, laboratory and scientific and research instruments and associated equipment 382 Instruments for measuring, controlling and indicating physical characteristics 383 Optical instruments and lenses 384 Surgical, medical and dental instruments and supplies 385 Ophthalmic goods 386 Photographic equipment and supplies 387 Watches, clocks, clockwork operated devices and parts 391 Jewelry, silverware and plated ware (2) Wholesaling. 502 Drugs, chemicals and allied products 503 Dry goods and apparel 504 Groceries and-related products 506 Electrical goods 01-1102 Area Rezoning Southwest Quadrant -Area 1 507 Hardware and plumbing and heating equipment and supplies 508 Machinery, equipment and supplies 5094 Tobacco and its products 5095 Beer, wine and distilled alcoholic beverages 5096 Paper and its products 5097 Furniture and home furnishings (B) Conditional use. The following uses shall be allowed in the Restricted Industrial District, subject to approval in accordance with § 153.236. (1) Laboratories. 7391 Research, development and testing laboratories (2) Other industry. Permitted uses of the Limited Industrial District developed in accordance with the provisions of this district. (3) Wireless communications facilities as conditional uses in all applicable districts. (4) Administrative offices. Administrative offices primarily engaged in general administrative supervision, purchasing, accounting and other management functions developed in accordance with the provisions of this district. (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Restricted Industrial District. (1) Intensity of use. Lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (a) A use allowed in this district shall operate entirely within an enclosed structure, emitting no dust, smoke, noxious odor or fumes outside this structure, and producing a noise level audible at the property line no greater than the average noise level occurring on any adjacent street. (b) Open service areas and loading docks shall be screened by walls or fences at least six feet but not more than eight feet in height. These walls or fences shall have an opaqueness of 75% or more, so as to effectively conceal service and loading operations from adjoining streets and from a residential zoning district or a planned development district as listed in § 153.016. (2) Lot width. All lots shall abut a public street and have adequate lot width to provide the yard space required by these development standards. (3) Side yards. For main and accessory structures, including open service and loading areas, the required side yards shall not be less than one-third the sum of the height and depth of the structure, but in no case shall be less than 15 feet from the interior lot line and 25 feet from any residential zoning district or planned development district as listed in § 153.016. (4) Rear yards. For main and accessory structures, the required rear yards shall be not less than one-third the sum of the height and width of the structure, but in no case shall be less than 15 feet from any interior lot line and 25 feet from any residential zoning district or planned development district as listed in ~ 153.016. ('80 Code, §§ 1169.01 - 1169.03) (Ord. 21-70, passed 7-13-70; Am. Ord. 147-97, passed 12-15-97; Am. Ord. 133-98, passed 1-5-99) Penalty, see S 153.999 01-1102 Area Rezoning Southwest Quadrant -Area 1 EXAMPLE LETTER Mazch 16, 2007 Property Owner Mailing Address City, State, Zip Re: Pazcel Number (s) CITY ()I' IltlBl.i'1. Land Use and Dear Property Owner: long Range Planning 5800 Shier-Rings Road In 2001 and 2002, the City of Dublin conducted an inventory of annexed land located within Dublin, Ohio 43016-1236 the City limits. During this inventory, it was discovered that your property(s) was not Phone:614-410-4600 assigned a proper Dublin zoning classification after it was annexed. Although most other Fax: 614.410-4747 ro erties were rezoned to Dublin classifications since their original annexation, it is Web Site: www.dublin.oh.us p p important that all properties in Dublin have a Dublin zoning classification. The City of Dublin consequently began the process to establish a Dublin zoning classification for many properties throughout the City. This rezoning will ensure consistent administration within the City to protect the health, safety, and welfare of its citizens. In 2003, the City initiated the process of assigning Dublin zoning on your property(s) and others in the azea to the most equivalent zoning classification. It is proposed that this property be placed in the Dublin R-1, Restricted Suburban Residential District. The Dublin zoning classifications are similaz in nature to the land uses and development patterns that exist today. The Dublin R-1, Restricted Suburban Residential District regulations aze attached for reference. An informational meeting was held to address questions related to the rezoning process and proposed zoning classification. The rezoning proceeded to one reading before Council, as well as Planning and Zoning Commission. However, the final step of a second hearing by City Council was not completed and therefore, the rezoning process was not finalized. The City of Dublin is resuming this administrative process and is proposing the rezoning will be reheard by Planning and Zoning Commission on April 12, 2007. Following that, the rezoning will be sent to City Council for a public hearing and final vote. You will be notified of both the Planning and Zoning Commission and City Council meetings. We understand that there may be questions regarding this change, and the City welcomes all inquiries. Tammy Noble and Jamie Adkins aze the staff planners assigned to this case. Please call 410-4600, or a-mail at tnoble@dublin.oh.us or jadkins@dublin.oh.us if you have further questions or clarifications. We value your input in this process. Please contact us at your convenience. Very truly yours, Seeue ,C~aKyw~ Steve Langworthy, Director of Land Use and Long Range Planning Division City of Dublin Attachments 01-1102 Area Rezoning Southwest Quadrant -Area 1