51-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc Form No 30 043
Ordinance No. 51 -07 Passed 20
I
1
AN ORDINANCE TO ESTABLISH DUBLIN ZONING
FOR APPROXIMATELY 2.5 ACRES LOCATED SOUTH
OF WATERFORD DRIVE, WEST OF DUBLIN ROAD,
NORTH OF LONGVIEW DRIVE, AND EAST OF
MONSARAT DRIVE AS R -2, LIMITED SUBURBAN
RESIDENTIAL ZONING UNDER THE PROVISIONS OF
SECTION 153.004(D). (INNER R -2 LIMITED SUBURBAN
RESIDENTIAL DISTRICT — CASE NO. 07- 039ADM)
NOW, THEREFORE, BE' IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
Section 1. That the following described real estate, parcel numbers 273000161,
273000167, 273000226, and 273000227 (see attached map marked "Exhibit A),
proposed area rezoning (Case 07- 040Z), situated in the City of Dublin, State of Ohio,
is hereby rezoned R -2, Limited Suburban Residential 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 deve�oped and used in accordance therewith.
Section 3. That this Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this day of ' 2007.
Mayor - Presiding Officer
Attest:
Clerk of Council
Sponsor: Land Use and Long Range Planning
1
71 Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1006
CITY OF DUBLIN- Phone: 614 -410 -4400 • Fax: 614 - 410 -4490 Memo
TO: Member of City Council
FROM: Jane S. Brautigam, City Manager
DATE: June 27, 2007
INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning
RE: Ordinance 51 -07 Establishing Dublin Zoning for Approximately 2.5 Acres
Located South of Waterford Drive, West of Dublin Road, North of Longview
Drive, and East of Monsarat Drive as R -2, Limited Suburban Residential Zoning
under the Provisions of Section 153.004(D). (Inner I -270 R -2 Residential Area
Rezoning — Case No. 07 -040Z)
Summary
Area rezoning Ordinance 51 -07 consists of four parcels containing approximately 1.78 acres of
land located on the south side of Waterford Drive, west of Dublin Road. The request is for the
review and approval of a rezoning application that will establish the Dublin R -2, Limited
Suburban Residential zoning classification.
The properties were removed from the previously approved area rezoning (Case 03 -098Z) based
on the fact that the parcels contained higher density residential development, specifically two -
family dwellings, and the uses under the R -2 District would be non - conforming. To address
these issues, Planning established a separate rezoning ordinance for the parcels and are proposing
a text modification that, in conjunction with the area rezoning, would permit the reconstruction
of the two - family dwellings that were established prior to the adoption of the amended text in
Ordinance 48 -07. This rezoning was approved by the Planning and Zoning Commission on June
21, 2007.
The sites in this case were annexed between 1881 and 1960 and there is no history of a formal
rezoning ordinance for these areas since that time. This rezoning will establish Dublin R -2,
Limited Suburban Residential zoning. This is a records maintenance issue with no immediate
impact or effect on existing uses. The failure to formally establish Dublin zoning on the property
will make administration and code enforcement difficult.
Recommendation
Approval of Ordinance 51 -07 at the second reading/public hearing on August 6, 2007.
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City of Dublin 07 -040Z
Land Use and Area Rezoning
Long Range Planning Inner 1 -270 R -2 Residential n Feet
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tn-dvreW - -
January 2007
EXHIBIT "B"
REZONING APPLICATION
(Code Section 153.234)
TO EXPIRE
ORDINANCE NUMBER
Land Use and
Lon Ran
5800 Shier-Rings Road CITY COUNCIL (FIRST READING)
Dublin, Ohio 43016 -1236 CITY COUNCIL (PUBLIC HEARING)
Phone/ TD:614- 410 -4600
Fax: 614 410.4747 CITY COUNCIL ACTION
Web Site: www,dublin.oh.us
NOTE: All applications are reviewed by Land Use and Long Range Planning for completeness prior to being processed.
Applications that are incomplete will not be accepted. Applicants are encouraged to contact Land Use and Long Range
Planning for assistance and to discuss the rezoning process, and if needed, to make an appointment for a pre - submittal
review prior to submitting a formal application.
I. PLEASE CHECK THE TYPE OF APPLICATION:
❑ Preliminary Development Plan (Section 153.053)
® Other (Please Describe) City Sponsored Area Rezoning
II. PROPERTY INFORMATION: This section must be completed.
Property Address: See Attached List
Tax ID /Parcel Number(s): 273 - 000227, 273 -000226, 273 - 000167, 273 - 000161
Parcel Size (Acres): .49,.49,.44,.36
Existing Land Use/Development: Twin- Single Residential
Proposed Land Use/Development: No Change
Existing Zoning District: R -2
Requested Zoning District: R-4
Total Acres to be Rezoned: 1.78
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: To rezone to an R -2 district to provide for the continued use of the existing
twin - single residential units.
B. Briefly state how the proposed rezoning and development relates to the existing and potential future land use character of the vicinity:
C. Briefly state how the proposed rezoning and development relates to the Dublin Community Plan and, if applicable, how the proposed
rezoning meets the criteria for Planned Districts [Section 153.052(B)]:
D. Briefly address how the proposed rezoning and development meet the review criteria for Preliminary Development Plan approval by
the Planning and Zoning Commission as stated in [Section 153.055(A)] (SEE ATTACHMENT A):
Page 1 of 5
Has a previous application to rezone the property been denied by City Council within the last twelve months? ❑ Yes ® No
If yes, list when and state the basis for reconsideration as noted by Section 153.234(A)(3):
IV. PLEASE SUBMIT THE FOLLOWING FOR INITIAL STAFF REVIEW: Please submit large (24X36) and small (11X17) sets of
plans. Please make sure all plans are stapled and collated. Large plans should also be folded. Staff may later request plans that incorporate review
comments. Fourteen (14) additional copies of revised submittals are required for the Planning and Zoning Commission hearing.
iXI TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS AND THIRTEEN (13) COPIES Please notarize agent authorization, if
necessary.
® FOURTEEN (14) COPIES OF A LEGAL DESCRIPTION OF THE PROPERTY (Note: Parcel numbers listed in this application will serve
as legal descriptions per direction from the Law Director)
® FOURTEEN (14) COPIES OF A TAX PARCEL ID MAP indicating property owners and parcel numbers for all parcels within 500 FEET of
the site (Maximum Size 11X17). Please contact Land Use and Long Range Planning if you need assistance.
® FOURTEEN (14) COPIES OF A LIST OF CONTIGUOUS PROPERTY OWNERS WITHIN 300 FEET of the perimeter of the property
based on the County Auditor's currenttax 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
❑ MATERIALICOLOR SAMPLES (swatches, photos, plans, or product specifications). Include manufacturer name and product number.
Page 2 of 6
d. CURRENT FKUI?tK I Y UWNLK(5): This section must oe compietea. riease auacn aaaawnai bneew a neeueu.
Name (Individual or Organization): Initiated by the City of Dublin (See Attached List)
Mailing Address:
(Street, City, State, Zip Code)
Daytime Telephone: 410 -4600 Fax:
Email or Alternate Contact Information:
VI. APPLICANT. Please complete if applicable. This is the person(s) who is requesting the zone change if different than the property
nwnPrfcl.
Name: Jane Brautigam, City Manager
Organization (Owner, Developer, Contractor, etc.): City of Dublin
Mailing Address: 5200 Emerald Parkway, Dublin, OH 43016
(Street, City, State, Zip Code)
Daytime Telephone: 410 -4400 Fax: 410 -4490
Email or Alternate Contact Information:
VII. REPRESENTATIVE(S) OF OWNER/APPLICANT. Please complete if applicable. This is the primary contact person who will
receive correspondence regarding this application. If needed, attach additional sheets for multiple representatives.
Name: Jamie Adkins or Tammy Noble
Organization: City of Dublin, Land Use and Long Range Planning
Mailing Address: 5800 Shier Rings, Dublin, OH 43016
(Street, City, State, Zip Code)
Daytime Telephone: 410 -4600 I Fax: 410 -4747
Email or Alternate Contact Information: jadkins@ dublin.oh.us /tnobie @dublin.oh.us
Page 3 of 5
VIII. AUTHORIZATION FOR OWNER'S APPLICANT /REPRESENTATIVE(S) If the applicant is not the property owner, this
section m ust be completed and notarized.
the owner, hereby authorize
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: �
Date: c / to
Subscribed and sworn to before me this day of LCI'1 20
State of !JCJ l CJ
�j /
County of i► r � ! ! 4 Notary Public
K
Notary Public - State of Ohio
o My Commission Expires May 19, 2009
IX. AUTHORIZATION TO VISIT THE PROPERTY: Site vi erty by City representatives are essential to process this
application. The Owner /Applicant, as notarized below, hereby authorize representatives to visit, photograph and post a notice on the
property described in this application.
X. UTILITY DISCLAIMER The City of The Owner /Applicant acknowledges the approval of this request for rezoning by the Dublin
Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of
Dublin will be able to provide essential services such as water and sewer facilities when needed by said Owner /Applicant.
XI. APPLICANT'S AFFIDAVIT. This section must be completed and notarized.
I the owner or authorized representative, have
read and understand the contents of this application. The information contained in this application, attached exhibits and other
information submitted is complete and in all respects true and correct, to the best of my knowledge and belief.
Signature of applicant or authorized representative:
Subscribed and sworn to before me this day of
State of
County of
Notary Public
20
Date:
NOTE: THE OWNER, OR NOTED REPRESENTATIVE IF APPLICABLE, WILL RECEIVE A FACSIMILE CONFIRMING RECEIPT OF THIS APPLICATION
FOR OFFICE USE ONLY
Amount Received:
Application No:
P&Z Date(s):
PBZAction:
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:
Page 4of5
ATTACHMENT A: PRELIMINARY DEVELOPMENT PLAN APPROVAL CRITERIA
§ 153.055 PLAN APPROVAL CRITERIA.
(A) Preliminary development plan. In the review of proposed planned developments, the PIanning and Zoning Commission and City
Council shall determine whether or not the preliminary development plan complies with the following criteria, in the event the Planning
and Zoning Commission determines that the proposed preliminary development plan does not comply with a preponderance of these
criteria, the Planning and Zoning Commission shall disapprove the application;
(1) The proposed development is consistent with the purpose, intent and applicable standards of the Zoning Code;
(2) The proposed development is in conformity with Community Plan, Thoroughfare Plan, Bikeway Plan, and other adopted plans or
portions thereof as they may apply and will not unreasonably burden the existing street network;
(3) The proposed development advances the general welfare of the city and immediate vicinity and will not impede the normal and
orderly development and improvement of the surrounding areas;
(4) The proposed uses are appropriately located in the city so that the use and value of property within and adjacent to the area will
be safeguarded;
(5) Proposed residential development will have sufficient open space areas that meet the objectives of the Community Plan;
(6) The proposed development respects the unique characteristic of the natural features and protects the natural resources of the
site;
(7) Adequate utilities, access roads, drainage, retention and/or necessary facilities have been or are being provided;
(8) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the sur-
rounding public streets and to maximize public safety and to accommodate adequate pedestrian and bike circulation systems so that
the proposed development provides for a safe, convenient and non - conflicting circulation system for motorists, bicyclists and pedes-
trians;
(9) The relationship of buildings and structures to each other and to such other facilities provides for the coordination and integration
of this development within the PD and the larger community and maintains the image of Dublin as a quality community;
(10) The density, building gross floor area, building heights, setbacks, distances between buildings and structures, yard space, design
and layout of opens space systems and parking areas, traffic accessibility and other elements having a bearing on the overall accept-
ability of the development plans contribute to the orderly development of land within the city;
(11) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and
normal swales, water courses and drainage areas;
(12) The design, site arrangement, and anticipated benefits of the proposed development justify any deviation from the standard devel-
opment regulations included in the Zoning Code or Subdivision Regulation, and that any such deviations are consistent with the intent
of the Planned Development District regulations;
(13) The proposed building design meets or exceeds the quality of the building designs in the surrounding area and all applicable
appearance standards of the city;
(14) The proposed phasing of development is appropriate for the existing and proposed infrastructure and is sufficiently coordinated
among the various phases to ultimately yield the intended overall development;
(15) The proposed development can be adequately serviced by existing or planned public improvements and not impair the existing
public service system for the area;
(16) The applicant's contributions to the public infrastructure are consistent with the Thoroughfare Plan and are sufficient to service
the new development.
Page 5 of 5
sc�� %�r1�L1 •ri J \
Martin & Leslie Murphy Dorthy M Manns Jacob M Failor
8 Marion St 50 Marion St 345 S High St
)ub1 OH 43017 Dublin OH 43017 Dublin OH 43017
:obert D Cairns Raymond R Czech Wilbur D & Harriet L Ulrey
.5 Marion St 55 Marion St 65 Marion St
) ublin OH 43017 Dublin OH 43017 Dublin OH 43017
C Land Compnay LTD Dorthy M Manns James B & Marjorie E Cuthbert
1 .2 Marion St 74 Marion St 310 Franklin St
)ublin OH 43017 Dublin OH 43017 Dublin OH 43017
Zoger J & Mary H Vogel Paul G Hennosy
!65 Franklin St 280 Franklin St
3ublin OH 43017 Dublin OH 43017
,indsey B Osting
78 Longview Dr
)ublir nH 43017
Terry L Artrip & Brenda S Artrip
207 Marion St
Dublin OH 43017
Joesph B Skaggs & Sharon G
:enneth C Weiss & Joanne L Weiss Skaggs
94 Longview Dr 148 Longview Dr
hublin OH 43017 Dublin OH 43017
rene L Williams AFDT
65 Marion St
)ublin OH 43017
Daniel Vogelhuber
181 Marion St
Dublin OH 43017
Travis L Johnson & Renee L
Johnston
162 Longview Dr
Dublin OH 43017
Jerry P Pyle & Malisa L Pyle
155 Marion St
Dublin OH 43017
James F Elliott AFDT
199 Marion St
Dublin OH 43017
David D Demos & Mildred L Vivan S Wistner
icott D Peters & Marybeth Peters Demos TR
?00 Marion St 190 Marion St 140 Marion St
Dublin OH 43017
? ublin OH 43017 Dublin OH 43017
i
Martin & Leslie R Murphy
;8 Marion St
)ub1' ')H 43017
taymond R Czech
i5 Marion St
)ublin OH 43017
knatoli A Cherepanov ET AL
0 Marion St
Dublin OH 43017
Kriby W & Cheryl O Cartwright
106 Marion St
Dublin OH 43017
Paul G Hennosy
280 Frankilin St
Dublin OH 43017
Dorothy M Manns TR
50 Marion St
Dublin OH 43017
Wilber D & Harriet L Ulrey TRS
65 Marion St
Dublin OH 43017
Dorothy M Manns TR
74 Marion St
Dublin OH 43017
James B & Marjorie E Cuthbert
310 Frankilin St
Dublin OH 43017
Robert D Cairns
35 Marion St
Dublin OH 43017
Brian J Goshe
75 Marion St
Dublin OH 43017
Joesph C Browne & Diane M
Browne
76 Marion St
Dublin OH 43017
Roger J & Mary H Vogel
265 Frankilin St
Dublin OH 43017
indsey N Osting
78 Longview Dr
iublin OH 43017
haron G Scaggs &
:)seph B Scaggs
48 Longview Dr
hiblin OH 43017
mene L Willaims AFDT
65 Marion St
)ublin OH 43017
Bruce J Fraher Renee L Johnston & Travis Johnston
138 Longview Dr 162 Longview Dr
Dublin OH 43017 Dublin OH 43017
Catherine N McNemar Malisa L Pyle & Jerry D Pyle
141 Marion St 155 Marion St
Dublin OH 43017 Dublin OH 43017
Daniel Vogelhuber
181 Marion St
Dublin OH 43017
James F Elliott AFDT
199 Marion St
Dublin OH 43017
'eters Marybeth & Scott D Peters David D Demos ,& Vivian S Wistner Mildred Demos TR
AO Marion St 140 Marion St
190 Marion St Dublin OH 43017
Dublin OH 43017 Dublin OH 43017
CITY OF DUBLIN..
Land Use and
Long Range Planning
5800 Shier -Rings Rood
Dublin, Ohio 43016 -1136
Phone: 6144104600
Fax: 614 - 4104141
Web Site: www.dublin.oh.us
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
JUNE 7, 2007
The Planning and Zoning Commission took the following action at this meeting:
4. Inner I -270 R -2 Residential Area Rezoning
07 -040Z
Proposal: Establish Dublin zoning on approximately 2.5 acres south of
Waterford Drive, west of Dublin Road, north of Longview Drive,
and east of Monsarat Drive.
Request: Review and approval of an ordinance to establish Dublin R -2,
Limited Suburban Residential zoning under the provisions of
Section 153.004 (D).
Applicant: Jane S. Brautigam, City Manager, City of Dublin.
Affected Parcels: 273000161, 273000167, 273000226, 273000227.
Planning Contacts: Tammy J. Noble - Flading, Senior Planner and Jamie Adkins, AICP,
Planner II.
MOTION: To approve this Rezoning application because the modifications 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.
VOTE: 5-0.
RESULT: This Rezoning application was approved.
STAFF CERTIFICATION
" f
an� unyy [ N ble- Flading
Senior Planner
Dublin Planning and Zoning Commission
June 7, 2007 — Meeting Minutes
Page 11 of 19
4. Inner I -270 R -2 Residential Area Rezoning
07 -04OZ
Tammy Noble - Flading presented this area rezoning. She said this project is part of the area
rezoning process to rezone properties that either retain a township zoning classification, or do not
have sufficient documentation to justify the Dublin zoning classification. She said the four
parcels included in this application were segmented into an application based on their land use,
specifically, two- family dwellings. Ms. Noble - Flading said Planning supports this rezoning
process because it provides consistent regulatory standards for all the properties within the City
boundaries and preserves individual property rights to the extent possible by identifying
equivalent zoning classifications for the properties.
Ms. Noble - Flading said this rezoning will provide appropriate zoning classifications for the City
of Dublin and Planning believes it will prevent any type of Code Enforcement issues arising
from administering township zoning classifications. She said the primary principle behind this
rezoning is that it will allow existing land uses to be maintained and not impose any type of
future development as far as this particular rezoning application. She said Planning is
recommending approval for the rezoning, based on the fact that they believe it is consistent with
policies within the City of Dublin.
Christopher Cline, the attorney representing the Mann family who owns two doubles at 50 and
74 Marion Street (Parcels 161 and 167). said assuming that approval of the R -2 District is
recommended to City Council, they have no objection to the rezoning.
Phil Moneypenny, attorney, said his client's lot was 90 feet wide and asked if the verbiage
requiring 100 feet of frontage would affect her. Mr. Gerber said it would not.
Motion and Vote
Mr. Gerber made the motion to recommend approval of this Area Rezoning to City Council. Mr.
Zimmerman seconded. The vote was as follows: Mr. Walter, yes; Ms. Amorose Groomes, yes;
Mr. McCash, yes, Mr. Zimmerman, yes; and Mr. Gerber, yes. (Approved 6 — 0.)
CITY OF DUBLIN_
Land Use and
Long Range Planning
5800 Shier -Rings Road
Dublin, Ohio 43016 -1236
Phone: 614 -010 -4600
Fax: 614410 -4747
Web Site: www.dublin.oh.us
PLANNING REPORT
PLANNING AND ZONING COMMISSION
JUNE 7, 2007
SECTION I — CASE INFORMATION:
4. Inner I -270 R-2 Residential
07 -04OZ
Area Rezoning
Proposal: Establish Dublin zoning on approximately 1.78 acres south of
Waterford Drive, west of Dublin Road, north of Longview Drive,
and east of Monsarat Drive.
Request: Review and approval of an ordinance to establish Dublin R -2,
Limited Suburban Residential zoning under the provisions of
Section 153.004 (D).
Applicant: Jane S. Brautigam, City Manager, City of Dublin.
Affected Parcels: 273000161, 273000167, 273000226, 273000227.
Planning Contacts: Tammy J. Noble - Flading, Senior Planner and Jamie Adkins, AICP,
Planner II.
Case Summary:
This is a request for review and approval of a rezoning to Dublin R -2, Limited Suburban
Residential District. 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 History:
On the advice of Dublin's Law Director, Planning has systematically researched Dublin zoning
activity on all parcels annexed into Dublin. Through this investigation, Planning has found
several areas where zoning was not formally established as required by law. Land Use and Long
Range Planning is responsible for compiling and processing "area rezoning" applications to
formally establish Dublin zoning wherever there is 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
properties surrounding these sites were approved as an area rezoning by the Planning and Zoning
Commission in April and will receive a second reading public hearing at City Council on June 4,
Planning and Zoning Commission
June 7, 2007 Planning Report
Case No. 07 -04OZ
Page 2 of 3
2007. These properties were removed from that area rezoning in order to resolve issues related
to the non - conforming status of the uses.
The sites in this case were annexed between 1881 and 1960; there is no history of a formal
rezoning ordinance for these areas since that time. This rezoning will establish Dublin R -2,
Limited Suburban Residential zoning. This 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 continue to apply if this rezoning is not adopted. However, the failure to formally establish
Dublin zoning on the property will make administration and enforcement difficult.
These four parcels of land were originally included in the application for rezoning (Case 03-
098Z) that was reviewed and approved by the Planning and Zoning Commission on April 12,
2007. Based on the fact that these parcels include higher- density residential development,
specifically, two- family duplexes Planning has provided a separate application process for these
parcels.
Site Description:
The area is comprised of four parcels, totaling approximately 1.78 acres. The R -2 district has
been indicated on zoning maps for the site since annexation. The parcels are located south of
Waterford Drive, west of Dublin Road, north of Longview Drive, and east of Monsarat Drive
and contain two - family residential homes. Parcels range in size from approximately 0.36 to 0.49
acres. The proposed zoning classification is equivalent to the existing zoning records and
zoning maps for the area.
The existing two - family residences are not currently permitted in the R -2 district and are
considered legally - nonconforming. Legally non - conforming uses or structures cannot be
expanded or rebuilt once destroyed, and they cannot be re- established after being discontinued
for a period of two years. The properties containing two- family structures were removed from
Case 03 -098Z in April due to the creation of non - conformities. The proposed R -2 District
amendment (Case 07- 039ADM) will eliminate these non - conformities.
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.
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.
Planning and Zoning Connnission
June 7, 2007 Planning Report
Case No_ 07 -04OZ
Page 3 of 3
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
documentation to sufficiently demonstrate Dublin zoning. Planning is supportive of this process
because it provides consistent regulatory standards for all properties within the City of Dublin.
This process also 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.
The properties included in this application are designated with the existing land use of
"Residential."
SECTION III - RECOMMENDATION:
Planning's 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.
R -2, LIMITED SUBURBAN RESIDENTIAL DISTRICT
AS PROPOSED IN CASE #07- 039ADM
§ 153.021 LBUTED SUBURBAN RESIDENTIAL DISTRICT.
(A) Permitted use. Land and buildings in the Limited Suburban Residential Districts
shall be used only for the following purposes:
(1) Dwelling structures.
(a) One - family dwelling structures.
(b) Two - family dwelling structures existing as of (effective date of
amendment).
(2) Home occupation. Home occupation in association with a permitted
dwelling, and in accordance with the provisions of § 153.073.
(3) Accessory use. Accessory buildings and uses in association with
permitted dwellings as specified in § 153.074.
(4) Public school and parks. Public school offering general educational
courses and having no rooms regularly used for housing or sleeping of students. 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) Conditional use. The following uses shall be allowed in the Limited Suburban
Residential District subject to approval in accordance with § 153.236.
(1) Child Care. Kindergarten or child care as an accessory use of a dwelling.
There shall be an outdoor play area of 200 square feet or more per child. Such play area
shall be arranged in accordance with the provisions of this district for accessory uses and
shall be enclosed with a chain link fence or its equivalent in strength and protective
character to a height of four feet, but not more than six feet.
(2) Wireless communications facilities as conditional uses in all applicable
districts.
(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 Suburban Residential District.
07 -040Z
Rezoning
Inner I -270 Residential
R -2, LIMITED SUBURBAN RESIDENTIAL DISTRICT
AS PROPOSED IN CASE #07- 039ADM
(1) Lot area and coverage. For each dwelling unit there shall be a lot area not
less than 20,000 square feet per dwelling unit_
(a) For all other permitted uses and conditional uses, 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) Only one principal use'shall be permitted on a lot, and such lot shall not be
covered more than 20% by structure.
(2) Lot width. For a one- family dwelling there shall be a lot width of 100 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 Limited Suburban Residential
District.
(3) Side yard. For dwellings or associated accessory buildings there shall be a
total of side yards of 20 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.
('80 Code, §§ 1149.01 - 1149.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 147 -97, passed
12- 15 -97) Penalty, see § 153.999
07 -04OZ
Rezoning
Inner I -270 Residential
CITY OF DUBLIN_
land Use and
Long Range Planning
5800 Shia -Rings Road
Oublin, Ohio 43016 -1236
Phone: 614 - 4104600
Fax: 614410 -4141
Web Sile: www.dubhn oh.us
RECORD OF ACTION
April 12, 2007
The Planning and Zoning Commission took the following action at this meeting:
3. Area Rezoning
Case Number_
Request
Procedure:
Applicant
Affected Parcels:
Planning Contacts:
Inner 1 -270 Residential
Rezoning
03 -098Z
To establish Dublin zoning on approximately 64.5 acres south of
Dublin - Granville Road, west of the Scioto River, north of Rings
Road, and east of Frantz Road.
Review and approval of an ordinance to establish Dublin R -2,
Limited Suburban Residential, and Rte, Suburban Residential
zoning under the provisions of Code Section 153.004 (D)_
Jane S. Brautigam, Manager, City of Dublin_
273000103, 273000120, 273000140, 273000142, 273000145,
273000147, 273000150, 273000151, 273000152, 273000153,
273000154, 273000157, 273000158, 273000159, 273000160,
273000162, 273000163, 273000164, 273000168, 273000169,
273000171, 273000172, 273000173, 273000174. 273000181,
273000182, 273000183 ,273000184,273000185,273000186,
273000187, 273000188, 273000189, 273000190, 273000191,
273000193, 273000194, 273000195, 273000196, 273000197,
273000198, 273000199, 273000200, 273000201, 273000202,
273000203, 273000212, 273000213, 273000218, 273000219,
273000220, 273000221 ,273000222,273000223,273000224,
273000225, 273000228, 273000229, 273000230, 273000231,
273000232, 273000233, 273000234, 273000235, 273000236,
273000237, 273000238, 273000239, 273000240, 273000241,
273000242, 273000243, 273000244, 273000245, 273000246,
273000247, 273000248, 273000249, 273000250, 273000251,
273000253, 273000254, 273000258, 273000798, 273001173,
273001174, 273001175, 273001176, 273001177, 273001178,
273001179, 273001180, 273001181, 273001182, 273001183,
273001184, 273001185, 273001187, 273001304, 273001408,
273001409, 273001935, 273000156, 273000155, 273000165,
273000166.
Tammy J. Noble, Senior Planner and Jamie Adkins, Planner li_
07 -0402
PLANNING AND ZONING COMMISSION
Pagel of 2 Rezoning
Inner I -270 Residential
PLANNING AND ZONING COMMISSION
RECORD OF ACTION
April 12, 2007
Area Rezoning Inner 1 -270 Residential
Rezoning
Case Number_ 03 -098Z
MOTION: To approve this Area Rezoning on the basis that this action provides proper Dublin
zoning and the administration of applicable development standards_
VOTE: 5-0-1.
RESULT: This Area Rezoning was approved. A positive recommendation will be forwarded to City
Council.
STAFF CERTIFICATION
T mmv ,I. Aloble
Senioi
07 -0402
Rezoning
Inner I -270 Residential
Dublin Planning and Zoning Commission
Meeting Minutes - April 12, 2007
Page 9 of 15
3. Area Rezoning Inner 1 -270 Residential
03 -098Z Rezoning
Ms. Adkins indicated on a map which properties were proposed to be designated R -2, which is
a single - family designation and the three parcels that were proposed to be R -4. She said four
parcels were taken out of R -2 because they were duplexes and did not fit the R -2 classification.
She said those four properties will be dealt with at a later date.
Mr. Gerber abstained from this case because he owned property in this area. Vice Chair
Zimmerman led the meeting for this case and called for any audience participation.
Kenneth Baker, 2730 Spring Lane, asked what the difference was between R -2, Limited
Suburban Residential and R-4, Suburban Residential Districts.
Ms_ Adkins explained that the R -2 District is a single- family designation which requires one
house per a minimum square footage of 20,000 square feet. She said the R -4 District allows for
duplexes and up to eight - family dwelling structures with other applicable standards.
Motion and Vote:
Mr. Zimmerman made the motion to approve this Area Rezoning on the basis that this action
provides proper Dublin zoning and the administration of applicable development standards. Mr.
Saneholtz seconded. The vote was as follows: Mr. Walter, yes; Mr. Fishman, yes; Ms.
Amorose Groomes, yes; Mr. Gerber, abstain; Mr. Saneholtz, yes; and Mr. Zimmerman, yes.
(Approved 5 — 0 - 1.)
Ms. Adkins pointed out that the parcel numbers of properties excluded from this proposed
rezoning were listed in the Planning Report, but they will be excluded in the Record of Action.
4. Area Rez)afiing South
Shier -Rings and A ry Roads
03-1Xicated Reside al Rezoning
Ms. Adkins on a map w h properties were pr osed to be placed i the R, Rural
District d R -1, Restricted SuiJa6rban Residential Di s ct.
M10flon aX
Mr. Gerbotion to approve is Area Rezoning the basis Xon
provides oning and the a inistration of appli a development Mr.
ZimmermThe vote w as follows: Mr. Iter, yes; Mr. FisMr.
Saneholtorose Gr omes, yes; Mr. 7i erman, yes; and es.
(Approve
Area Rezonin Southwest Shi -Rings and Avery ads
03 -122Z Commercial Retoning
Ms. Adkins indi ed on a map whic properties were pr osed to be placed ' o the RI,
Restricted In trial District and PU , a Planned District th SO, Suburban O standards.
She provid the Commissioners ith a copy of the pro sed PUD text which a said stated it
was a P that would have S urban Office standa s. She said it had,, dvertently been left
out o e Commission pac
atherine Cunningha attorney, Plank an rahm, representing ld States DeveXstaff
they own the prop shown as PUD o e map. She said a had not worked on this issue ce she just becam recently retained. a said Mid States
property in 87 in Washington ownship, to PIP, P ned lndustr'
allowed r manufacturing, pr cessing, war ehousi industrial ser 07 -040Z
the . She said as part the rezoning, ere required to sut Rezoning
Inner I -270 Residential