113-96 Ordinance AMENDED
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
113-96 (Amended)
Ordinance NO.HHmumm__mm__ P assed_m_Hm_ .m__mmm__mm. m .m._ ___.19 __ m__
AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR
0.8076 ACRES OF LAND WCATED ON THE NORTHWEST
r CORNER OF A VERY ROAD AND DAN SHERRI A VENUE, FROM:
R-2, LIMITED SUBURBAN RESIDENTIAL DISTRICT, TO: PCD,
.... PLANNED COMMERCE DISTRICT. (CROOK PROPERTY - 6017
A VERY ROAD)
NOW, ~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 to Planned Commerce
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 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.
~~ day of()Mib<.f, 1997.
Attest:
~ {d_ (lA-A~
Clerk of Council
Sponsor: Planning Division
"....,
...
'.hMeby certify thct copies of tl,:~ CI:"~''''>~lP ....
City of Dublin in accordance with Section 731.25 of t/11) !l; " c" ,:..
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CITY OF DUBLIN PLANNING AND ZONING COMMISSION
AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only
- OF THE CITY OF DUBLIN ZONING Application No:
DISTRICT MAP ZM L. q~- D!,;J/
(Reclassification of Land) Date Filed:
- Fee Receipt No.
Received by:
.....
Please type or print information - Use additional sheets as necessary
TO THE HONORABLE PLANNING AND ZONING COMMISSION:
The Applicant R<qT:3ER T THOMAS LOW
.~.
being the owne'r(s) ,~(s) of property located within the area proposed for
, requests that the following
described land to be placed in the -:PC\) P\~ ~('~ )y;~~
I
.
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1- General Description of Land (describe by one of. the following):
a. Lot(s)/Reserve(s) O. ro7~ 1tCl?-E TI?/U:T of /.AIIIJ OUT of
r- ~IJ //.9/ Ilea T~flCT j l/. M...s . -tt .300,/ ,
,
a recorded plat, with an area of o. i07{ flc.uS .
.....
b. Beginning at a point along
(street or other)
. Jlnd being feet in a N SEW
- , .
direction from the (specify) of
(Street or other), and thence having a dimensio
of from the (specify) of
(street or other), and having an area of
. I
c. The tract of land containing O. g076 Acres and bounded by:
ffAZIEf, p1!.t:Jp E J?..T Y (specify) on the~S E W (Circle)
RUE~Y RoAD (specify) on the N S~W (Circle)
DA}.! ~H~eR.1 AVE (specify) on the NG[/E W (Circle)
".. BROWN PIDPERIY (specify) on the N S E@(Circ1e)
... I d. Attached legal descriPtion~ NO
~-eo~~_
'ill ~ @ ~ DuT
Page 1 of 4 r;:-; 1936 ..
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CITY OF DURTT~
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Map of Proposed Zoning District Boundaries
Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of
not less than 8% x 11 inches and not more than 16 x 20 inches). The map shall be
identified and submitted in addition to the General Description of Land. The map
shall include all land in the proposed change and all land within five hundred (500)
feet beyond the limits of the proposed change.
To be shown on the map - all property lines, street right-of-way, easements and
.... other information related to the location of the proposed. boundaries and shall be
fully dimensioned.
-- The map shall show the existing and proposed Zoning District or Special District
boundaries.
List all owners of property within and contiguous to and directly across the street
from such area proposed to be rezoned. The addresses of the owners shall be those
appearing on the County Auditor's current tax list or the Treasurer's mailing list.
NAME ADDRESS
-
FeRz/ff.. JI1IJ.E.S II y- ClltR.YJ.. '139g BELLI/leE CT.IJU8LJ~Ofl
I I qto/?
DEf1~TH ) DoN/UD S. of BETTY fA. q;.?O IPGIIIIA AVE. J CoL5. ;011 '1~2)11
l' ' I
c~ IUIUG Co/e.P.
Mllf.CIJ5 . f?. STE/Jf)J~ DO/?07f1Y J. q /~'I! WE..5T8lLT!Jf.~COie:SjOH '13~~
,
BfOb}JJ I HI/R-O/..[) p. y. EI-./zIIISETJI R. &;l.f;9 SC/OTO-f)fJI!J3Y. HILL/AI!JJ,OII
, I tllO:J..{.
r- ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND
t B.
.... 1. Proposed Use or Development of the Land: Yho1<Jra.-r^! STudio y. O~
-1:JjTfG()f. Y us~ (SUBUf?.BfUJ OFfICE ) WITH t..ltflr RET~/L I/$;E .
PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of
three (3) copies of a Development Plan and other documents and two (2)
copies shall be retained as a permanent public record if approved.
\.
For other Zoning Districts, such plans or other exhibits would be helpful
to the review of this application.
Plans and EX~its submitted
Plot Plan ; Building Plan _____; Development Plan _____; Sketch _____;
Photographs _____ ; Other (specify)
2. State briefly how the proposed zoning and development relates to the existing
and probably future land use character of the vicinity.
,.... liS flIJEt:Y R.ollD /IllS (1Xw1l 11/ rllffJ./.s /TY, //Ie- .e&:S/lJ~lIT/ ilL
I ,
I IIIflli/i./rY OF T#E SirE illS fJEWIIE./J IJRI1/J./1TICJlLt. >< /1//TII T/lE
..
I
EXP/lIIS/OO OF fjt/Eey ,eOAD. TIlE US/lJEJIT/IlL I/Ili.tlE /J/j.L iJitJp
,
EJlEI/ FIlf7I1E.e , #.5 7:#E f7J1JftJSEfJ ~cw.oj I/EJ../ /!/tf/lT Of=" V/lY /dILl, 1Je
,
LESS filliP sS FEU ;:J!o/.L mE r/tJ1IT o/' TtfE 81/&/)/)/6. ouI!. f',f{)fOSEl.
IISE Cot/if] m.sr .suCCE..s5rI/LtY IVtr;f T#~ ExP/I/J-SjQl-/", IJ!/T ~~
II~E OI1///oI/SL Y COULD ).lor.
Page 2 of 4
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3. Has an application for rezoning of the property been denied by the City
Council within the last two (2) years?
YES
~ ,/
-
If Yes, state the basis of reconsideration ~
-
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C. AFFIDAVIT
Before completing this application and executing the following affidavit, it is
recommended that this application be discussed with the Building Inspector to
insure completeness and accuracy. Present owner of property:
APPLICANTS'S AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN,
I (we) KAlfl- ^~ ef$Ol{ ~ R, -n/o)1~5 lou/
I
being duly sworn, depose and say that ~/we are the~s)/~s) of being
duly sworn, depose and say that ~/we are the owner(s)llessee(s) of land included
in the application and that the foregoing statement herein contained and attached,
and information or attached exhibits thoroughly to the best of my/our ability present
,..... the arguments in behalf of the application herewith submitted and.that the statements
and attached exhibits above referred to are in all respects true and correct to the
best of my/our knowledge and belief.
....
e~ ~
(signature~Afl'l,
'!>. ~
0""..... V'" IJ.S09 II!JIiOt.t Mitt, #).
~A.~~
t.D/? ~A lIJIr..y..s Vltt&' J o}/ '130'10
A~tJAJ,OMf:) (Mailing address) .
~~ ~o~
("/iI)""I-9/?~ (S13 ),~~_ 3ft' /
(Phonel
Subscribed and sworn to before me this 25f( day of )I/}V6.A1~61 ' 19; f'
:P~n1~~l~':O'-7
""..., Person to be contacted for details, if ~ than above E. AOl3IHSOH. NOTARY PlJBUC
NA UHlOH COUNTY. STATE OF OHIO
... MY COMMISSION
(Name (Address) (Telephone
I
- - - - - - - - - - - - - - - <Do not WrIte below thIs-1Ine)- - - - - - - - - - ---- --
D. . ':RECORD OF ACTION
1. Withdrawn Held to
(Date) (Date)
2. P&Z C: Date of Hearing
Approved Disapproved Modified
3. City Council: Date of Hearing
Approved Disapproved Modified
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The~lr-~owner hereby acknowledges that approval of~ (her) (its)
request for 1!f20JJIIJC by the Dublin Planning and
Zoning Commission and/or Dublin City Council does not constitute a guarantee
or binding commitment that the City of Dublin will be able to provide essential
- services such as water and sewer facilities when needed by said applicant.
..... The City of Dublin will make every effort to have these services available
as needed. However, the rapid growth of the City of Dublin and Northwest
Franklin County has stretched the City's capacity to provide these services
to the limit. As such, the City of Dublin may be unable to make all or part
of said facilities available to the applicant until some future date.
The undersigned hereby acknowledges and understands the foregoing.
It/~!r( " ~~~
( / ,
Date Signature of Applicant or authorized
representative thereof.
On behalf of:
",...
Applicant
....
"....
....
Page 4 of 4
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.., ! Z96-012
"" I _ \ - i Crook Property
__ c 6017 Avery Road
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.. CHRISTOPHER T. CLINE
,
ATTORNEY AT LAW
37 WEST BRIDGE STREET
DUBLIN, OHIO 43017
614/766-0425
FAX 614 766-5797
- September 8, 1997
Kim Littleton
~ City of Dublin Planning Department
5800 Shier Rings Road
Dublin, Ohio 43017
re: USA Foto
Z97-050
Dear Kim:
Enclosed you will find the following:
Revised Composite Plan dated September 5, 1997
Development Plan dated June 27, 1997
Area Plan
Site Plan of Existing Conditions
Site Plan of Revised conditions with setback shown
Floor plan for photo studio in rebuilt structure
Color site plan showing roof detail
Color elevations (east and south)
Please place this case on the docket for hearing before Dublin City Council the first meeting
in October.
...... Just to be sure we are on the same wavelength, there are three requests that are being
"
l considered in this application:
1!
,
The Revised Composite Plan
The Development Plan
The Conditional Use for a Photo Studio
It is my expectation that after the P&Z action October 2 and the Council action on the
following Monday that everything will have been dealt with.
Very truly yours,
Cl'
Christopher T. Cline
CTCpq
Encl-26 copies.
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. USA Foto
6025 A very Road
Application Z 97 -050Z
Planned Commerce District
February 12, 1997
- revised June 24,1997
revised September 5, 1997
...... Revised Comoosite Plan (Dublin Codified Ordinance 153.058)
A. General Development Character of the Site... The general development character
of the site is indicated on the site plan Exhibit "A". This exhibit shows the location of the
existing split level structure, which is proposed for conversion to office use and to the
conditional use of a photographic studio. The photographic studio with its associated office
activities will be the initial use for this site. The other uses are possible future uses. The
site is a .8076 acre tract with a frontage of about 134 feet and depth of about 275 feet. The
site is flat and is unremarkable.
The existing structure is a split level residential home with the fIrst level being
approximately 25'X65' (1643 sf) with an attached 20'X20'carport. The second level is
approximately 22'X25' (544 sf). Applicant proposes to replace the existing carport and
deck with an 800 sf addition. The structure as modified will be tailored to applicant's
existing business of photographic studio, dressing and salon rooms, prop rooms, and
supporting office space. The remodeled structure will be approximately 3,000 sf total.
Applicant's photography business is presently an existing and going concern and is
operated in two locations. Applicant does not seek an enlargement of his business, but
rather a consolidation at a single site. Since this is an existing business that is not proposed
for change applicant can be very defInite regarding his needs.
All perimeter landscaping and parking landscaping will be in accordance with Dublin
CodifIed Ordinances.
- Applicant at this point anticipates only one tenant, his photography studio with its
associated offIce support.
-.. B. Provision of Water, Sanitary Sewer, etc. The existing structure is presently served
by an on site well and septic system. This system will be retained until such time as
municipal services become available. Applicants anticipate that their use will use less
services than the present residential use.
Future municipal water service will be from a 16" main which will run along the
west side of Avery Road. This improvement will occur largely as an infrastructure
requirement for two nearby residential subdivisions, Sandy Corners and the Galli Tract.
Although the timing of installation is not yet defInite, it is not anticipated that this
improvement will be in the distant future, and could in fact be in the near future.
Sanitary sewer service will be accessed from the north as Dan Sherri Drive is a
tributary division line. The Trees property is being developed in a small residential
subdivision and a sewer manhole will be accessible approximately 150' northwest of the
northwest corner of the subject site. Applicant will expect to combine with the lots to the
west and north to bring a stub from this sewer line south to serve all three lots.
The area is presently developed and existing surface drainage facilities will be retained.
At the present a 12' tile runs along the south side of the property in the Dan Sherri Drive
USA Folo Revised Composite Plan ,
Z97 -050Z
version of September 5,1997
Page 1
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ROW. This line then runs north along the west side of A very Road and discharges into a
catch basin in the frontage of the subject site. This catch basin also accepts surface water
from the subject site and the adjoining lot to the north. The catch basin then flows into a
larger pipe which crosses A very Road and then surface flows eastward, in a pronounced
swale, across the vacant land on the east side of A very Road.
C. Proposed Traffic Circulation Patterns. Exhibit "A" shows the existing relation of
the site to A very Road and Dan Sherri Drive. It is on a comer lot Applicant will retain the
existing curb cut on Dan Sherri Drive and is not requesting a curb cut on A very Road. It is
-- possible that joint access agreements with the Frazier property to the north can give the
Frazier site access to Dan Sherri Drive and the subject site usage of the A very Road curb
... cut presently on the Frazier property. It is anticipated that there will be significant changes
to the roadway systems in the immediate area. Applicant anticipates that the Dan Sherri
Drive access to A very Road will continue in any case, though this may not be a major
intersection if the residences on Dan Sherri Drive are combined with the new residential
subdivision to the farther west and Dan Sherri Drive is cul-de-sacced.
D. Schedule of Site Development. Initial site development will consist of meeting
applicable building codes once the structure is relisted as an office rather than a residence
and fmishing of the garage area along with the addition which replaces the deck and
carport. Aesthetic modifications to give a more "commercial" look to the building will be
more fully explored in the Development Plan, which will be presented concurrently with
this Composite Plan.
Redevelopment of the site is addressed in the development standards section.
E. Relation of Site to Existing and Future Land Use. The site is east of an existing
residential pocket known as the Dan Sherri Subdivision. The site is not part of the Dan
Sherri subdivision and is further distinguished from those homes by the fact that it fronts
on Avery Road, and has access only on Avery Road.
As A very Road has grown in intensity, the residential viability of the site has declined
dramatically. Municipal expectations are that A very Road intensification has not
really yet begun, however. In coming years A very Road, already an existing principal
arterial, will grow to up to six lanes, and is expected to carry 36,000 to 43,700 vehicles per
day.
.-.>, Significantly, the expansion of A very Road will dramatically affect the residential
viability of this parcel further, since the new right of way will reach to less than 25 feet
from the existing structure. The proposed use can exist successfully with this expansion,
... but residential use obviously could not.
The proposed use, a transitional use, is also compatible with the homes in the Dan
Sherri subdivision to the rear (west), and with the adjoining homes to the north and south.
The house to the north has been rezoned for office use and it is anticipated that the house to
the south (across Dan Sherri Drive) will also be rezoned to office use category. These three
structures will probably be the only three existing structures, of those in the immediate
area, that remain after the A very Road widening. If Dan Sherri Drive is terminated just to
the west of the subject site, these three structures will comprise a small pocket of office
use, of low intensity, disconnected from nearby residential and in accordance with the
Southwest Area Plan which requires office uses along Avery Road.
F. Control of the Land. Applicant is the fee simple owners of the land in question and
have full authority to deal with the parcel.
USA Fato Revised Composite Plan
Z97 -050Z
version of September 5,1997
Page 2
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G. Deed Restrictions. There were formerly deed restrictions on the property limiting it
to residential use. However, these restrictions have expired and the parcel is presently
unrestricted.
H. Development Standards Text
General
- 1) In the initial redevelopment of the site, it is the intention of the applicant to utilize
the site as a photographic studio and supporting office uses. This photographic
studio use will require a conditional use approval in the Suburban Office category.
....... The modification of the existing structure and any replacement structure will be
residential in scale and appearance and will serve as a transition to existing
residential neighborhoods to the west, which applicants assume will remain in the
residential category.
The conversion of the existing structure to the photographic studio and
office uses is limited to certain uses that place low demands on the existing on site
sanitary system. Modification of the existing structure in~ludes only the expansion
presented in the first development plan which is presented along with this
application. Further expansion of the existing structure is not permitted. This
restriction is intended to recognize the right to reuse the existing building, but not to
encourage longer term retention of the residential structure by allowing significant
additional value and utility to be added to it. In total, the allowed additions will total
about 800 sf and the total square footage of the modified structure will not exceed
3000 square feet.
Further redevelopment of the site, with new construction will also be limited
to the degree that utilities and additional land (through combinations with adjoining
parcels) are available at the time of development.
2) Building elevations, plans and materials will be submitted for approval as part of
the Development Plan in order to ensure that the quality standards required by this
text have been met.
3) The palette of colors utilized will be earthtone and muted.
-
4) All site planning will be done in a manner consistent with prudent planning
..... principles and practice.
5) If these standards conflict in any way with the City of Dublin Codified
Ordinances, then the Planned Commerce District shall prevail. Dublin Zoning
Code standards shall be applicable for matters not covered in this document.
6) This parcel will work with any future rezoning or redevelopment plan filed by
adjacent landowners to improve utility or traffic access.
Sta&es of Development
This text will be applied to use of the site in three stages, all following development
requirements apply to all stages unless specifically stated otherwise.
Stage 1: Reuse and limited modification of the existing residential structure with
existing utilities.
USA Foto Revised Composite Plan
Z97 -050Z
version of September 5.1997
Page 3
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Stage 2: Construction of a new structure, with municipal sanitary sewer service
available.
Stage 3 Construction of a new structure, with municipal sanitary sewer service
available, and combination with an adjoining parcel providing sufficient area to
allow operation of the use while meeting the development standards of this text and
of Dublin Codified Ordinance, if not addressed in this text
..- Pennitted Uses
-..... The following uses are permitted; a copy of Dublin Codified Ordinance 153.026 is
attached:
~ L. Legal services; engineering and architectural services; accounting, auditing
and bookkeeping services, including fmancial planning; life insurance; accident and
health insurance; fire, marine and casualty insurance; surety insurance; insurance
agents, brokers and service (not including title insurance) religious organizations
(not to include places of worship); professional services or other office uses not
otherwise classified in Dublin Codified Ordinance 153.026 and which in the
detennination of staff are of similar intensity to the listed uses in this category
~ 2: All uses listed in Stage 1; all uses listed in Dublin Codified Ordinance
153.026(5); title insurance; insurance carriers not otherwise classified; real estate
operators (except developers) and lessors; agents brokers and managers; title
abstract companies; subdividers and developers; operative builders; combinations of
real estate, insurance, law offices; holding companies, investment companies;
trusts; all uses listed in Dublin Codified Ordinance 153.026(2); all remaining uses
listed in Dublin Codified Ordinance 153.026(3); and general office uses which in
the determination of zoning staff are of similar intensity to the listed uses in this
category; and would otherwise be classified under Dublin Codified Ordinance
153.026.
SliJgg 1: All services listed in Stage 1, Stage 2; all uses listed in Dublin Codified
-... Ordinance 153.026(4).
... Conditional Uses. The conditional uses listed in Dublin Codified Ordinance
153.026(B) shall not be available with the exception of 153.026 (B)(2)(722):
Photographic studios, including commercial photography and 153.026(B)(1): Drive
in facility. This photographic studio (153.026(B)(722) use may be utilized as part
of Stage 1 development.
Provided however, that if a use is proposed that is not otherwise classified in the
Dublin Codified Ordinance city staff may allow such use to be placed in one of the
categories determined by staff to be appropriate.
Permitted Density
1) Except as otherwise described in this text maximum density shall be 10,000 SF
per acre for buildings.
y ard and Setback Requirements
USA Foto Revised Composite Plan
Z97 -050Z
version of September 5.1997
Page 4
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1) The existing building setback along Avery Road is 120' from centerline of
A very Road based on the existing thoroughfare plan. The existing structure meets
this requirement at this time. However. tentative plans being explored by the City
will expand this right-of-way width to 124' and further relocate the centerline of
A very farther to the west, resulting in the edge of the right-of-way being
approximately 20' from the existing structure. Accordingly, applicant proposes that
the front yard setback requirement be either the setback line established under
'~ Dublin Codified Ordinance or a line established by the front of the existing
structure, whichever is lesser. Provided however, that should the existing structure
be demolished in its entirety and a new structure proposed, the building line will be
....... as provided by Dublin Codified Ordinance. No parking shall be permitted between
the existing structure and A very Road.
2) Side yards shall be 25' for buildings. New pavement for parking to the west of
the existing structure shall be at least 25' from adjoining residential uses. If an
adjoining use is no longer residential the parking setback may be reduced to zero if
parking areas are combined with adjacent parcels and if additional access to public
streets is provided for this parcel, or if this parcel provides additional access to
public streets to adjacent parcels.
3) Rear yards shall be 25' for pavement and buildings.
4) Total ground covered by all buildings, excluding parking garages, shall not
exceed 25% of the total area. However, parking areas, sidewalks, garages and
buildings shall cover no more than 70% of the total lot area.
Hei~ht Requirements
The maximum height for structures shall be measured per the Dublin Zoning Code
and have a maximum height limitation of 35' .
Parkin~ and Loadin~
-
1. Sizes, ratio, and type of parking and loading and other facilities shall be
regulated by Dublin Codified Ordinances Sections 153.200-153.212 (Off Street
- Parking and Loading), unless a deviation is approved by the Planning and Zoning
Commission as part of a development plan.
2. Bank drive-thru uses subject to conditional use provisions of Dublin Codified
Ordinance 153.026(B)(1).
3. All loading docks shall be screened according Dublin Codified Ordinances
Sections 153.130-153.139 (Landscaping).
Circulation
1. One full service curb cut shall be permitted on Dan Sherri Drive. No curb cut is
permitted on A very Road unless combined with the existing curb cut of the property
to the north. This parcel will cooperate with exchange of reciprocal access
easements with adjoining parcels to share access at the time of redevelopment of
this and other adjoining parcels to the extent reasonable and practicable. Prior to
USA Folo Revised Composite Plan
Z97-050Z
version of September 5, 1997
Page 5
>1
".~~~.~-"_.""- ".'"._~ ., f- I"T
redevelopment, this parcel will cooperate with exchange of access rights to the
extent reasonable and practicable, but is not obligated to make binding, long term
access commitments which will hinder redevelopment.
2. Applicant will dedicate additional right of way, by means of a general warranty
deed, to the City of Dublin sufficient to meet the requirements for expansion of
Avery Road consistent with the MS Consultants Avery Road Alignment study.
- 3. The applicants will fund the construction of an eight-foot bikepath along the
A very Road frontage.
.... Waste and Refuse
All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence.
Stora~e and Equipment
1. No materials, supplies, equipment or products shall be stored or permitted to
remain on any portion of the parcel outside of permitted structures.
2. Mechanical equipment or other utility hardware on roof, ground or buildings
shall be screened from public view with materials harmonious with the building.
Landscapin~
1. All landscaping shall conform to the Dublin Landscape Code .
2. As many existing trees as possible will be preserved. Existing trees to be
preserved shall be protected during construction with snow fencing placed and
maintained during construction.
3. Specific landscaping details are shown on the attached site plan which is a part
of this composite text.
........
4. Street trees will be planted if existing trees do not meet the requirements of
Dublin Codified Ordinance.
.-
Si~na~e and Graphics
1. All signage and graphics shall conform to the Dublin Codified Ordinances
153.150-153.164 (Sign Code).
2. All signage shall be subject to applicable signage setbacks of Dublin Codified
Ordinances 153.150-153.164 (Sign Code).
3. No sign shall be painted or posted directly on the surface of any building, wall
or fence. No wall murals shall be allowed.
4. No signs shall be applied to windows for the purpose of outdoor or exterior
advertising.
USA FolO Revised Composite Plan
Z97 -050Z
version of September 5. 1997
Page 6
"'"
.
--~-,-_._--~_._~~-
,
5. No roof signs shall be permitted. Nor should a sign extend higher than the
building.
6. No flashing, traveling, animated or intermittently illuminated signs may be used.
7. No billboards, or electrical or other advertising signs shall be allowed other than
a sign carrying the name of the business occupying the site.
8. Ground signage shall be restricted to six feet in height
-
Li~htin~
...
Except as other wise stated herein:
1. External lighting shall be cutoff fixtures.
2. All types of parking, pedestrian and other exterior lighting shall be on poles or
wall mounted cutoff fixture and shall be from the same type and style.
3. All light poles and standards shall be dark in color and shall either be
constructed of dark wood or dark brown, black, or bronze metal.
4. Parking lot lighting shall be no higher than 15', so long as any adjoining parcel
is residential; if no adjoining parcelis residential the height may be 25'. Pedestrian
lighting shall not exceed 16'.
5. Cutoff type landscape and building uplighting shall be permitted, providing
there is no glare to adjoining residential structures.
6. All lights shall be arranged to reflect light away from any street or adjacent
property.
7. All building illuminations shall be from concealed sources
- 8. No colored lights shall be used to light the exterior of buildings.
9. Landscape lighting along Avery Road shall be ground mounted with a low level
- of illumination.
10. City of Dublin, Exterior Lighting Guidelines must be met by all exterior
lighting on the premises.
Fences/W alls
1. No chain link or wire fencing shall be permitted.
Architecture
1. Modifications to the existing structure shall use earthtone, muted colors.
2. Modifications to the existing structure, or future construction, shall present a
residential theme with pitched roof. Flat roofs may be used only for minor building
USA Foto Revised Composite Plan
Z97 -050Z
version of September 5, 1997
Page 7
...
~_.~~",....".~~.~"","", 11"
'.
elements. So long as any adjoining use is residential, a maximum of two stories is
permitted.
3. With the exception of roofs. trim and soffit elements, only natural materials may
be used in future modifications or construction.
4. Any demolition with reconstruction shall require a new development plan.
Miscellaneous Concerns
-
1. Applicant will dedicate additional right of way, by means of a general warranty
'-' deed, to the City of Dublin sufficient to meet the requirements for expansion of
Avery Road consistent with the MS Consultants Avery Road Alignment study.
2. The sanitary sewer service facilities for the property will be approved by the
City Engineer and the Ohio EP A or other appropriate governmental agency prior to
issuance of the occupancy permit for the existing building as an office.
3. Utilities, landscaping, lighting and site layout are to be designed in accordance
with City standards.
5. Should the existing structure be damaged by fire or other catastrophe, it may be
rebuilt on the existing footprint so long as the repairs or reconstruction basically
replicate the exterior of the existing structure. Any major changes, other than those
required to meet building or other codes then in effect. shall require a new
development plan. The chief zoning official of the City shall determine if changes
are major.
6. If a new structure is approved for construction on the site, the present building
may be inhabited until the new construction is approved for occupancy, after
which, the existing structure must be demolished.
7. Applicants will incorporate design features when established for the A very Road
corridor at the time of any redevelopment of the parcel.
........ 8. Applicant agrees not to substantially alter the existing building other than as
submitted in the concurrent Development Plan with an addition of approximately
.... 800 sf, building total 3,000 sf, and to maintain a subdued building exterior.
9. Applicant agrees that if the property is developed pursuant to a different plan
utilizing additional buildings, the current building will be removed.
C~erT(J-
Attorney for Applicant USA Foto,
Inc.
37 West Bridge Street
Dublin, Ohio 43017
614- 7 66-0425
USA FolO Revised Composite Plan
Z97 -050Z
vef1lion of September 5.1997
Page 8
4
"._=......",....<""'..""'"""""~-~_.'".." n~~" - .
USA Foto
6025 A very Road
Application Z 97 -050Z
Planned Commerce District
June 27, 1997
- Develonment Plan (Dublin Codified Ordinance 153.058(0)(3)
I11III.- a) Setbacks. etc. The existing setback, determined from the Right of Way width of
Avery Road is 60' from the centerline of the roadway. However, Avery Road is shown as
a 120' ROWand under Dublin Code the setback for new construction will be 120' from the
centerline of the expanded ROW. However, it is further anticipated that the centerline of
the expanded A very Road will be relocated westward, though it is not possible at this point
to precisely say where that centerline will be. Dublin has done an alignment study, but, it
is at this point merely a study.
The zoning text provides that for the present structure, the building setback line will
be the present front of the structure. Further, no parking is permitted between the structure
and the street.
Once the present structure is no longer in existence, for new construction, the
building line will be determined in the conventional manner under Dublin Code.
Side and rear yards, as established in the zoning text, are met by the current
structure and the proposed expanded structure.
b) Height requirements; The current structure is a split level story building. The
height requirement is Dublin R-1 Code which is 35' which is not exceeded.
c) Parkin" and loadin~. Parking areas and driveways are shown on the attached
site plan. Eight parking spaces are shown, which is less than the twelve that would
otherwise be required by Dublin Code. Applicant is presently operating this existing
business and feels that eight spaces is adequate for his parking needs.
- d) Waste and r~fuse. There will be no exterior waste storage.
.. e. Stora~e and equipment. There is no outside storage. The mechanical units to
the rear of the structure are to be screened per Dublin Code.
r Circulation. The property has access only to Dan Sherri Drive. The driveway to
Dan Sherri Drive and the parking area are shown on the site plan. Under the zoning text,
future access to the adjoining parcel to the north may be anticipated, and the provision for
this is shown on the site plan.
~, Landscavin~. The landscaping is shown on the attached landscaping plan. It is
in accord with Dublin Code. The property to the north is in the same zoning category. The
rezoning of this parcel will result in changes to the required landscaping of this adjacent
parcel.
h. Si~na~e and ~ravhics. The signage will be the subject of a separate application.
The ground sign is limited in height to 6' and will be in accord with Dublin Code. The
location is shown on the site plan.
USA Foto
PCD Development Plan
Version of June 27.1997
,">lit.
. m......__.~._.~~~~~ "~,...~"O.._"~~..A..~.~.~ A.
-
I i. Lighting. There is no parking lot lighting. All other lighting is in accord with
Dublin Code and the zoning text.
j. Fencing. There are no perimeter fences. There is a semi-circular stone wall to
the west of the site which is intended as a photograpic backdrop but also functions as a
visual amenity and buffer. The wall will be dry laid stone and will be typical in design to
local historical fences.
- k. Architectural treatment.
1. shown on attached drawings and elevations
2. Materials:
... i. present brick band to be removed and replaced with cultured
stone which will wrap around all four sides of the structure
ii. stucco to be used above stone, painted to match and complement
stone in wann-grey color.
ii. all new roofing with dimensional shingle.
Q~!~TQf-.
Attorney for Applicant USA Foto
37 West Bridge Street
Dublin, Ohio 43017
614-766-0425
,
~
-
USA Foto
peD Development Plan
Version of June 27.1997
.",
~ -' .' .".'~_",~,"".,,",,"~~'..~.'~~ ,"'-' ~.
USA FOTO SITE LOCATION ~~
.. JOSEPH W. TEST A
. FRANKLIN COUNTY AUDITOR
MAP AREA: GIS ctc DATE. AUG 5, 1997
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Dan Sheri Drive
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DISCLAIMER SCALE l' = 869 ~
GRID
This mop is prepared for the real property inventory witnin this county, It is compiled from recorded NORTH
deeds. survey plots. ond otner public records and dot 0, Users of this mop ore notified that the public T~I;lR,
primory information sources snould be consulted for verification of tne information contained on tnis mop,
Tne county and tne moppin9 componies ossume no le9al responsibilities for tne information contoined on
this mop. Please notify tn. Franklin County CIS Division of ony discreponcies,
GIS DIVISION
".
- ------------.------------------- - ------------------------ --------------------------
Site Map Showing CUrrent Condi~
tlOns
JOSEPH W. TESTA
, FRANKLIN COUNTY AUDITOR
MAP AREA . GIS ctc DATE . AUG 1997
. .
\ N X924.7
~~
274-000048
rr:l
~
- \ 012/19/1995
FRAZIER JAM
....
\
I 275.35
X925.3 I
,-
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,-----. ~
~ \ 274- 000049 I
If) CP 02/21;'1997
N \ LOW R: THOMAS
..-
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- 255.67
- -;VG25.3 ("
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924.1 I~Ac:7~'\ X925.4
DISCLAIMER ~
CRIll
This mop is prepared for the real property inventory within this county, It is compiled from recorded NORTH
deeds. survey plots. and other public records and data. Users of this mop ore notified thot the public GIS
TH FLR.
primary information sources should be consulted for verification of the information contained on this mop.
The county and the mappin9 companies ossume no le9al responsibilities for the information contained on
this mop. Please notify the Franklin County CIS Division of any discrepancies.
GIS DIVISION
...
-~~--""-"""" .-- .~",,--~-' ,-~,--".,~-~"" -,,,,,,,,",,,
,
NORTH - 500 Feet
1, Frazier, James A and Cheryl
4398 Bellaire Court
Dublin, OH 43017
274-000048
- 2, Thatcher, Thane F, and Stella C,
6029 Avery Road
Dublin, OH 43017
..... 274-000115
3. Swope, Richard L.,Jr. and Mary
17040 Main Street
Williamsport, OH 43164
274-000083
4, Trees, Marion E. and Juanita S.
227 Cook Road
Columbus, OH 43214
274-000046 (Open Lot of7,9 Acres)
SOUTH - 500 Feet
1. Marcus, R. Steven and Dorothy 1.
c/o Marke Corp,
1849 Westbelt Drive
- Columbus, OH 43228
274-000050
- 2. Upperman, Sharon L.
6001 A very Road
Dublin,OH 43016
274-000025
3. Galli, Odde S. and Anna M.
6470 Post Road Apt. #223
Dublin, OH 43017
274-000003
...
WEST - 500 Feet
1, Brown, Harold p, and Elizabeth R.
5259 Scioto-Darby Creek Road
Hilliard, OH 43026
274-000061 (Open Lot #12)
2, Kaltenbach, Linda S, and Evelyn, Kand Jo E.
6328 Dan Sherri Avenue
- Amlin, OH 43002
274-000060 (Lot #11)
..... 3, Diamond, Phyllis A and Richard L.
6344 Dan Sherri Avenue
Amlin, OH 43002
274-000059 (Lot #10)
4, Diamond, Phyllis A and Richard L.
6344 Dan Sherri Avenue
Amlin, OH 43002
274-000058 (Lot #9)
5. DiGiorgio, Ross V. and Patti M.
6356 Dan Sherri Avenue
Amlin, OH 43002
274-000057 (Lot #8)
6. Trippel, Kenneth 1. and Elizabeth A
6378 Dan Sherri Avenue
Amlin, OH 43002
274-000056 (Lot #6)
-
7 Riley, Michael C. and Cheri L. Morgan
6325 Dan Sherri Avenue
.. Amlin, OH 43002
274-000055 (Lot #5)
8, Lohger, Louis A and Mary M,
6337 Dan Sherri Avenue
Amlin, OH 43002
274-000054 (Lot #4)
9 Baker, Glada 1.
6351 Dan Sherri Avenue
Amlin, OH 43002
274-000053 (Lot #3) and 274-000052 (Lot #2)
11, Hutchinson, R. Dennis and Carol B.
6363 Dan Sherri Avenue
Amlin, OH 43002
274-000051 (Lot #1)
,.
" ..~ .......'"~,.__.._"._,,~" ~ . ~-"~ ~='-u~__....~.._.'...,.."_..~,..__,'__"_.._.~_~_,._,'"'"
.
.
EAST - 500 Feet
1. Dearth, Donald S. and Betty M,
4290 Ingham Avenue
Columbus, OH 43214
274-000012 (Open Lot of 12 Acres)
-
2. A very Land
c/o Ron Davis
580 S. High Street #210
.... Columbus, OH 43215
274-000011 (Open Lot of 13,272 Acres)
3, Borror Corporation
5501 Frantz Road
P.G. Box 7166
Dublin, OH 43017
274-000043
4, Borror Corporation
5501 Frantz Road
P,O. Box 7166
Dublin, OH 43017
274-000020
,.",...,
..
-
, . 'lolll\l\ntl.'\HtP Otl_P. ~.I4Jfl t._ '--~, ~]'__""5'__'_Otftc.
I "'II;.I\I'.U. !'lIlI. !!l...lIt. ut..... UJ \ Rcl'''"'ro J 116) ..... ____ ~ ,......,... ~ ~~ .... 4620'
I .____ ._._n________~___ - .----,~..- --.- 0_ _" d
i I
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I Survivorshir Deed *
,
I ~b~,'{'~
, Allan Datz and Frances Datz, husband and wif~
, i
'.of Franklin ('OIUln. 1)l1io
J"r l'ull/uNr ('om,drrQI",n rall/. I/runW/' .. ,th ~rnrra/ ..'urrunl.l' ro,rnUfll'. :0
Karl A. Crook ancJ' RancH R. Crook "
lor Ihr" )o,nl lil'r" rrmomcJrr 10 Inr }ur\'t\'or 01/ Ih,'m. ~h().\t' IU ,.",,,"'n~ .Jcldn".\t''1 .1,,'
"
.,. Ohio Savings Association, P.O. Box <'4()<I, Clevehux!, Ohio 44114 ~
11:t'./,,/lv.."'.~ Hf:-ll. I'HOI'f.R I)': .~Iru"it'd,n thl' (',,"my ,,] Frankli 1I in Ih.. \Iu/t' ..:,
1
i "f 0"", .'nd'f! Iht' To\mship of I~ashi ngton -
-,
t .11
- ~ee Exhibit "A" attached hereto and made a part hereof.
- ,
.
,
..
.
f
parcel nll11ber: 272-2<:,r)
pror~rtv ~~dre~s: 6017 Avery ;{oild, Mclin, Ohio 43002
\ cO\.\~\'l. 0\-\\0 c) (J.
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Prior l"'lfiJmrnl Referrnce: :1.R. 2813, page ~'~J}~he Verd Rmmb of Franklin
Cout;/y. OhIO, .~.
Gru"lur. re/,'aJr5.J1I ril/hrs of du..-rr rhert'l~, Wi",r55 their h"ne/I'/Ihl' 28th 1.1\
of June . /986
Si~ned "nd :J('knl)..-Ird~l'd If! pre'l'ncr of:
. ~d/ ~ ^9~ - ..
_~d~f"""::. ~'-- ~~~-
I ----~~~.- . Ian Datz
/1 / 1
, I r... J/Z 2'/: c.'L~ _A...L -j-- --- I
I Frances Datz C
I Scurr of 0",,, Cormly of Frar.klin \."i.
I /IE IT REME,\fBEREO. Thai un IhlS 28th dllYo! June lQ 86 . l>..fllrr ",,',
rhr ,,,b,c,,brr. u Not<lry Public in and for S(lidHJ1~. ~'lf?'r'.(lnull.'" Cl1mf',
I Allan Datz .'00 Franc~9 ~t'" rh..(;r"nlOrl'l in Ihe
f(), r~()If!~ drrd. ,,,,d ackno..'/e.J~rd thr ,,(nin!: Ihrrrof lu bt' their m/unla,.. act and de,'d.
/,... TVi fI.\tOS Y THEREOF. I ha"(' hrrrunlo subscnbt'd my name and offm'd "'''- offidal \(.u/
ST[VtN R. M\u.s.~IOAt laW -'-~~~~~~ ..
,mlhr tf,,}. c;"d ..-ror losl afo."rso.d, =....- i
., StttlllllU,031t.
._----
Thu in5lrurnrnl wu.s prrparrd by Martin. Eichenberger & Baxter Co.. 1:. P .A. __.' ______uu.
III :'0._ ul (;,.a,urt".a4 -.wtuI...,.f>64l N. Higll Street, Worthington, Ohio 43085 ,
III s.. __ 5Jlll.15 ... 5JtL.. 011.. ....- ('_.
cJ) ~~ ., G,..I", ... ...null ...,. .t ~. ,
.... I~'" .1 lalNll M ..~ 1krM. ..4 nn_ltnlK"t't>. rftf1'\'alto... .IMS t"uyp'kHK. .,,"" ."' ~,. U ..~. i
IS. o.M" ..Ilk_........ - .""" .-
,61 tM<tot\otl .. ......__ .1CtI c........ 5Jt1 0IlI0 IU._ (:.....,
- ._-- .- ._._----~-------_.._--- ------------------ -"-
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, EXHIBIT "A" l
.
OJ lb. follow;", /Wn,,;w ;" lb. COll1ll1 of fr..AI;"
;" 1M SIIIl. of Obio, tUIIl ;. lb.
- TOIlCSBIP ~ WASBlltG'fOl(:
. I
.
8.1DI aa 0.8016 Acre ~ract of laDd out of aD 11.91 Acre
Tract, V...S. W3004, Wa.blDltoa TOWD.hip, FraDklla COUDt,.
Oblo, aDd bel0i aore partlcularl, bouad,ed aDd d..crlbed
~ .. follon:
,
BellDD101 at a ~lke at tbe aortb"a.t c,)raer of .ald 11.91 Acre
Tract (.ald .plke belDI located 10 tb. ceoterllDe of A.er,
ROld) i
TheDCe aDd wltb the ceDterllue of A.er, aoad, Soutb
9 d.l. 33. 10" W..t a di.taoce of :19.10 ft. to . .plke
..rklDI la IDlle p01Dt la tbe ceDtGrl1ae of Av.r, ROld;
. neoce .1Od cootlDulol wl tb the CeDt.rl1De of Aver,
Road Soutb 18 del, ~2' 23" We.t . dlataoce of 14.39 ft. to a
- .plke 1D tbe c.Dt.rllDe ot Aver, R~ld. .ald .plke belal tbe
p~lDt of bellDolal of tbe 0.8011 ~:re tract berela de.crlbed:
. , TheDce aDd cODtlDulDI w1tb tbe ceaterllae of A.er,
, - Road aDd wltb tbe ...t 11ae of ..1d 0.8076 Acre Tract, Soutb
- 18 del. ~. 23" .e.t a dl.taace ~f 134.30 ft. to a .plke
)
J 10 tb. ceDt.rlloe of A.ery Road. .a\d .plke belDI tbe -
soutb.a.t corD.r of .ald 0.8016 Acre Tract;
Th.Dce aod wltb tbe "outll 11De of .dd 0.8076 Acre
..nct. lortb 80 d.l. 30' 26" We.t a dl.taDCe of 2~~.61 ft.
~ to aa lroa pla aarklal tbe .outbw..t corD.r of .ald 0.8071
&cr. tract;
TheDce aDd wltb tbm .e.t li~. of .ald 0.8016 Acre
tract lorth 10 del. 26' 3~'. Za.t . dl.taDCe of 132.52 ft.
to la iroa plo at tbe oortbw.'ot COS~Der of .ald '.8018 Acre
trlct;
Tbeace IDd w1tb tbe ao:rtb 11D. of .ald 0.8076 Acre
Trlct Soutb 80 del. 30. 26" K..t a d1.taDce of 21~.35 ft.
to the .plke aarklDI tb. poiat of bollaalol of tbe tract
of laDd b.rela deacr1bed. coatalala. 0.801. Acre.. .or.
or 1.... .ubJect to all l..al bllhw.,.. /Y~.9% ,
! ~ ft'u 0,
250
{'; f . U/#SP' ,,,,.no
10 jl' U; k/"tr~Y
i r
" '.
"-:,'
_."~.~~,"""."" -,,~"~.=~~
Karl A. and Randi R. Crook
6017 A very Road
Amlin, Ohio 43002
761-9176
November 25, 1996
-
Randi and I support and encourage Mr. R. Thomas Low to seek the
rezoning of our residence for his use as a Planned Commercial District and
...... the conditional use as a Photograghy Studio.
Respectfully,
fi?4~
Randi R. Crook
-
-
-
,~"'''''_M.,,,,,...~6-~~'<~''_~,,,,,,,,,,~~,-,;",,,,,,,,,,,,,,,",,,-~,~,__~~,,~~>,~_._.~.,.~~......:,,'~",_..
t,;UWMUU:t 1J
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.
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
August 25, 1997
r nn OF III BUN
~:vlslon of Plannln~
I :800 Shier-Rings Roo
lin, Ohio 43016-1236
mmre/TOO: 614-761-6550
Fox: 614-761-6566
Web Site: www.dublin,oh.us
The Planning and Zoning Commission took the following action at this meeting:
3. Reconsideration - Rezoning Application 97-050Z - Composite Plan - USA Foto, Inc.
- 6017 Avery Road
Location: 0.8076 acres located on the northwest corner of A very Road and Dan Sherri
Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: PCD, Planned Commerce District.
Proposed Use: A photographic studio and office use totaling 3,000 square feet.
Applicant: R. Thomas Low, 12509 Hinton Mill Road, Marysville, Ohio 43040; c/o Chris
Cline, attorney, 37 W. Bridge Street, Dublin, Ohio 43017.
MOTION: To reconsider and approve this rezoning application (for a photography studio and
conditional use) and composite plan with the text revision dated June 27, 1997, with five
I conditions:
I
!i 1) That the residential structure, including expansion, be limited to 3,000 square feet;
,'~"..-- 2) That right-of-way along A very Road be dedicated to the City, consistent with the
MS Consultants A very Road Alignment Study, before issuance of a building
permit;
3) That the text be revised to require sufficient reciprocal access easements with the
adjoining properties;
4) That stormwater management for the site meet the requirements of the City
Engineer; and
5) That a revised development text and a site dimension plan which incorporates all
of these conditions be submitted within two weeks.
* Chris Cline agreed to the above conditions. AS SUBMITTED TO COUNCIL
/0Il/17 FOR MEmNG ON IO/t,/?7
VOTE: 6-0. ' , . I
RESULT: This rezoning application and composite plan was approved. It will be forwarded to
Council with a positive recommendation.
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Dublin Planning and Zoning Commission
Staff Report - August 25, 1997 ~
Page 10 .~
.
CASE 3: Reconsideration - Rezoning Application 97-050Z - USA Foto, Inc. - 6017 A very
Road
APPLICANT: R. Thomas Low, 7671 New Market Centerway, Columbus, Ohio 43235; and
Karl and Randi Crook, 6017 Avery Road, Dublin, Ohio 43016.
REQUEST: Reconsideration of a revised composite plan and development text under the PCD,
Planned Commerce District regulations of Section 153.058. The request is to
rezone the 0.81-acre parcel from R-2, Limited Suburban Residential District to
PCD. The site is located at the northwest comer of A very Road and Dan Sherri n
A venue. The requested PCD zoning would permit the conversion and expansion
of a house for a photography studio and office uses. The proposal includes up to '...
3,000 square feet in building area.
STAFF CONTACT: Kim Littleton, Planner.
UPDATE:
Earlier this year, the Planning and Zoning Commission considered this rezoning to allow the
conversion and expansion of an existing residence to accommodate a 3,000 square foot
photography studio. The Planning and Zoning Commission recommended approval of the
application and referred it back to City Council. After discussing issues related to signage,
lighting, land use, spot zoning and coordination between neighboring properties, City Council
referred this back to the Planning Commission. The applicant has since revised the development
text and plan in response to these concerns.
BACKGROUND:
The Planned Commerce District was designed to permit almost all development decisions to be
made for properties with commercial potential, at the time of zoning. The developer is to clearly
set out the list of permissible uses, standards for development, infrastructure contributions, and
general development expectations within the zoning document, consisting of the composite plan
and development text. With approval of the PCD zoning, the developer knows exactly what will -
be required by the municipality in the future. The intention was, at least in part, to restrict the
broad discretionary power of the Commission.
-
The Planning and Zoning Commission is to make its recommendation on the revised rezoning and
then return this application to City Council. It will be rescheduled for a public hearing and vote
by City Council. A two-thirds vote of Council will be required to override a negative
recommendation from the Commission, and otherwise the outcome will be determined by a simple
majority vote. If approved, the rezoning will take effect in 30 days. This site will require separate
approval by the Commission of a development plan prior to any site or building modification.
CONSIDERATIONS:
. The parcel is located at the northwest comer of Dan-Sherri A venue and A very Road. To
the south and west are single-family homes zoned R-2, Limited Suburban Residential
District. To the east, across Avery Road, is agricultural zoned land RI, Restricted
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. Dublin Planning and Zoning Commission
Staff Report - August 25, 1997
Page 11
Industrial District. To the north is the Frazier property zoned PCD for an accounting
office and other office uses.
. The site is a rectangular lot containing 0.8 acres, measuring about 134 feet in width and
275 feet in depth. It is generally flat with some large existing trees located around the
house and along the west (rear) property line. The house currently has access from Dan
Sherri Avenue, and there is no curb cut onto Avery Road. The split level house is about
30 years old and contains 2,187 square feet, including the attached garage. There is also
an attached carport and deck. Located at the rear portion of the property is a detached 120
- square foot shed. The house was constructed prior to annexation, and is serviced by on-
site well and septic systems. It is located within the Hilliard City School District.
...... According to the Code, planned districts are intended to provide flexible standards to
.
accomplish proper land use relationships, take advantage of natural features, provide
coordination among building types, and permit development of the land in an orderly,
coordinated and comprehensive manner. Planned districts are used to foster development
that is consistent with accepted land planning, landscape architecture and engineering
principles under conditions of approved site plans and development plans.
. The Frazier property, located to the north of the site on Avery Road, was recently rezoned
to PCD. The initial commercial use of the site is as an accounting office with staged, or
phased, development to include other SO, Suburban Office and Institutional District uses.
Staff recommended disapproval of that application, noting: 1) lack of conformance with
the Southwest Area Plan (SWAP), 2) the need to provide for coordination and integration
of multiple parcels into a single planned district, and 3) that it created a spot zoning. Both
Planning Commission and Council approved that rezoning, citing among other reasons the
need for small office sites in Dublin, traffic on A very Road and general support from the
adjoining Dan Sherri neighborhood.
. For comparison purposes, the house on the Frazier property is 1,612 square feet in area,
including the attached garage, on a lot of 0.86 acre. That rezoning also has a four-stage
process which includes a wider range of office and institutional uses tied to future
....... connections with public utilities, improvements to the site, access, and construction of a
commercial structure. No expansion of the existing building is permitted. All new
construction will take place after sanitary sewer is available and requires the demolition
~"~ and replacement of the existing house. The uses permitted, in no case, exceed those in the
SO District.
. The applicant in this case is a photographer who wishes to convert the house into a
photography studio. A photography studio is a permitted use in the CC, Community
Commercial District and a conditional use in the SO District. This proposal is to convert
the existing 2,187 square foot single-family residence (including garage), and to rebuild
the garage, carport (.::1::400 square feet) and deck (.::1::400 square feet) as enclosed, heated,
and completely finished space. After conversion and expansion, the usable space will be
2,987 square feet, according to documents submitted.
. The applicant has revised the original text to include redeveloping the site in stages similar
to the Frazier PCD plan. Stage 1 involves reuse and limited expansion of the existing
structure to 3,000 square feet with utilities provided at the time they are available. In Stage
2, a new structure is constructed with municipal sewer service available. Once a new
ifIIIP'II"'1II
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Dublin Planning and Zoning Commission
Staff Report - August 25, 1997
Page 12
structure is built and utilities are provided, Stage 3 involves the combination of this parcel
with another adjoining parcel. It is further specified in Stage 3 that when this parcel is
combined with "an adjoining parcel" sufficient area will be provided to allow operation
of the use and meet the development standards set out in the text.
. Small suburban offices are referenced in the text as permitted uses, as well as the proposed
photographic studio. All other uses shall require rezoning. The text was amended to
further restrict the office component to low volume, and non-medical/dental offices.
Maintaining the on-site well and septic system, as well as access to Dan Sherri Avenue,
is proposed. ...
. The existing driveway is to be extended to create parking for 8 vehicles behind the
dwelling, including one handicap accessible space. The Dublin Zoning Code generally ..-
requires 12 spaces. The driveway is to be widened to 22 feet, as stated in the text.
. A coordinated planned district which incorporates surrounding properties is preferable, in
the opinion of staff, to rezoning a single parcel. The adjoining property to the north
(Frazier) was rezoned to PCD last year. One consideration was coordinating a joint access
point for the Frazier and the subject property from Dan Sherri A venue. At that time, it
was expected that the Dan Sherri intersection would be signalized at some future date. The
proposed site plan shows future access to the Frazier property parking area. The applicant
has stated his intent to share access with the Frazier property owner, when the Frazier
property is redeveloped.
. The City has generally discouraged the reuse of houses for non-residential purpose,
especially along arterial streets.
. The development text for the project states that all signs and landscaping will conform to
City Code. A perimeter buffer will be required adjacent to the residential properties to the
south and west. Street trees will be required along A very Road. The development text
states that all external lighting will be cut-off fixtures and that all lights shall be arranged
to reflect light away from any residential structures. The text also states that there will be
no parking lot lighting. All exterior lighting is to be done in accordance with the City's
Lighting Guidelines.
The site (and the Dan Sherri neighborhood) is located within Subarea 10 of the SWAP -
.
because of the likelihood of incorporation into development of a larger, consolidated
neighborhood. The recommended land use within that subarea is residential development -
with an overall gross density of 2.75 units per acre.
. In the future, Avery Road is estimated to carry 37,000 to 44,000 vehicle trips per day
(between Tuttle Crossing extension and U.S. 33/SR 161). Avery Road is the subject of
a recent alignment study prepared by MS Consultants. It features a boulevard design with
landscaped median and up to three lanes in each direction. Double left-turn lanes will be
provided at major signalized intersections. The proposed median will restrict access to the
subject site to right-in/right-out turning movements.
. The existing right-of way along Avery Road is only 60 feet wide (30 feet from centerline).
The proposed right-of-way is 124 feet based MS Consultant's study. The MS Consultants'
A very Road alignment study indicates a need to acquire most of the right-of-way from the
west side of Avery Road. The needed right-of-way along this site is approximately 97 feet
from centerline at the north property line, tapering to 91 feet from centerline at the south
...
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. Dublin Planning and Zoning Commission
Staff Report - August 25, 1997
Page 13
edge. The widening will only impact the front yard. Right-of-way consistent with the MS
Consultants' study will be dedicated upon rezoning. No left turn improvements to A very
Road will be necessary for this development.
. Directly west of this site and the Dan Sherri subdivision, is the proposed 37- lot Kendall
Ridge subdivision. The City commissioned a traffic study as part of the adjacent Kendall
Ridge plat review to minimize access points along A very Road and to assure adequate
spacing between Traffic signals. The study recommended terminating short of A very
Road. If there is more commercial use in this area, the remaining segment of Dan Sherri
(- Avenue south of the subject site would then tie into a north-south service road extending
i along the western edge of the property and eventually aligning with Irelan Place. Sufficient
...... right-of -way to accommodate the service road has not been provided. Turning movements
at the Dan Sherri and A very Road intersection would be restricted to right turns in / out
only.
. The SWAP designates an eight-foot wide bikepath along the west side of Avery Road, and
the applicant has committed within the text to fund the construction of a bikepath prior to
issuance of a building permit (to be installed upon road widening).
. Currently, there are no City water and sanitary sewer services available to the site. It is
served by an on-site well and septic system. .Once City services become available,
connections should be made by the property owner to public water and sanitary sewer.
Prior to issuance of a building permit, the applicant will have to secure permission from
the Ohio EP A for commercial use of the on-site disposal system.
. The storm water management for the site must meet the requirements of the City Engineer
and should be prepared by an Ohio-registered Professional Engineer. Run-off should be
directed away from the A very Road pavement. The Frazier property received a detention
waiver from City Council. If desired, such application should be made through the City
Engineer's office.
STAFF RECOMMENDATION:
,..... Even though this revised application is more complete than previous applications and responds to
many Planning Commission and Council concerns, staff cannot recommend approval of the
rezoning as proposed. The Southwest Area Plan includes this property within a larger residential
""""'llIi! subarea, and the staff supports deviation from the plan only where several parcels can be
combined in a coordinated plan. Office use may be an appropriate use for the site, but the
application also includes a retail photography component.
As originally approved by the Planning Commission, the request was limited to 2,400 square feet
and limited to use as a photo studio with other small offices. The application has been revised to
increase the square footage to 3,000 total land develop the property in stages similar to the
adjacent Frazier property. The staff believes that a 3,000 square foot structure is quite unlikely
to be redeveloped.
Planned Districts are intended to permit development of land in an orderly, coordinated and
comprehensive manner consistent with accepted land planning, landscape architecture, and
engineering principles. Staff supports a more comprehensive rezoning along A very Road, that
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Dublin Planning and Zoning Commission
Staff Report - August 25, 1997
Page 14
would not include permanently-converted residences. Such a plan would include coordinated
access controls and unifying design considerations. Staff is recommending disapproval of the
rezoning request as submitted. For consideration by the Commission, staff has prepared a list of
conditions which might be appropriate to accompany a favorable recommendation. These
conditions are listed below, following the bases for staff's recommendation.
Staff recommends disapproval based on the following:
Bases: .....
1) The proposal does not conform to the land use recommendations for this area of the I
Southwest Area Plan. .....
2) The proposed rezoning fails to meet the purpose of the Planned Commerce District
to provide for imaginative design solutions and the proper land use relationships.
3) The plan does not provide for coordination and integration among several parcels
in the immediate area into one planned district.
4) It fails to meet the requirements for future traffic access and circulation needed for
commercial development.
S) The proposal would create a spot zoning.
6) A retail component has been proposed which is inappropriate for a converted house.
7) The plan does not have proper triggers for commercial redevelopment of the site,
access to the north, and utilization of municipal water and sewer facilities.
The plan and text have been modified to incorporate many of the previously imposed conditions.
Staff believes the following four conditions are in line with the previous action of the Commission
and Council:
Conditions:
1) That the residential structure, including expansion, be limited to 3,000 square feet;
2) That Stage 2 development (new construction) be limited to a 3,000 square foot -
building;
3) That right-of-way along Avery Road be dedicated to the City, consistent with the
MS Consultants A very Road Alignment Study, before issuance of a building permit; -,
4) That sufficient right-of-way for the recommended service road be provided in
accordance with the Barton-Aschman Study and City Engineer upon approval of this
rezoning;
5) That stormwater management for the site meet the requirements of the City
Engineer; and
6) That a revised development text and a site dimension plan which incorporates all of
these conditions be submitted within two weeks.
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. Dublin Planning and Zoning Commission
Minutes - August 25, 1997
Page 10
Ms. Chinnici-Zuercher said the retail c er looks good. The materials, ar itecture, landscape,
and design are extremely well done She hoped that the outparcels wil ontinue them.
Mr. Harian made a motion for proval because the plan maximiz stacking, maintains the low
key residential image alon A very-Muirfield Drive, and co orms to the development plan
requirements and conditi s of rezoning, with eleven condit' ns:
1) That approval of e development plan and conditio I use be contingent on the rezoning,
,- including succe ful resolution of the main Aver Square center identification sign w.
Council;
...... That the w' th of the stucco band be reduced in so far as is practicable;
That all rvice structures be screened to de;
That t access ladder and roof gap on e north elevation be eliminated;
Th the drive-thru menu boards con rm with Code, subject to staff appr aJ:
,
at storm water management co y with the master plan for Avery S are;
at landscaping be coordinated th the approved A very Square lands plan and conform
with the text and the Landsca Code, subject to staff approval;
) That lighting conform wit e development text;
9) That 15 spaces be maintai ed off-site to meet the zoning requir ent for this dual restaurant;
10) That parking meet Co for any future uses; and
11) That a site dimensio plan and revised landscape plan be ubmitted within two weeks.
Mr. Sprague second the motion. Mr. Hale agreed to th above modified conditions. The vote
was as follows: . Sprague, yes; Mr. Lecklider, yes' r. Peplow, yes; Ms. Boring, yes; Ms.
Chinnici - Zuerc r, yes; and Mr. Harian, yes. (Ap oved 6-0.)
Ms. Chinn' i-Zuercher said she looked forwar to Wendy's/Tim Hortons opening in Dublin.
..... -* 3. Reconsideration - Rezoning Application 97-050Z - Composite Plan - USA Foto, Inc. _
6017 A very Road
I Kim Littleton presented this reconsideration of a composite plan and a development text. This
~
request is to rezone approximately 0.8 acres from a R-2, Limited Suburban Residential District
to PCD, Planned Commerce District. The request would permit the conversion and expansion
of a house for a photography studio and office use of up to 3,000 square feet. Earlier this year,
the Commission considered this rezoning application and recommended approval. After
discussing issues regarding lighting, landuse, spot zoning, and coordination between neighboring
properties, City Council referred the application back to the Commission. The development text
and plan has been revised in response to these concerns.
Mr. Littleton said the single-family residential site is located along the northwest corner of A very
Road and Dan-Sherri Avenue. There is no access off Avery Road. It is surrounded by single-
family residential uses. There is a converted use to the north zoned PCD which is now an
accounting office.
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Dublin Planning and Zoning Commission
Minutes - August 25, 1997
Page 11
The Southwest Area Plan identifies this corridor primarily for mixed uses, but any commercial
uses are recommended to tie into the existing single-family neighborhoods. There is a proposal
to widen Avery Road with a median. As part of the Galli tract proposal, the roadway is to be cut
off at the east end.
This proposal shows access to Dan-Sherri A venue, but there is a proposal to link the adjacent
property to the north through the parking lot. There are approximately eight parking spaces
shown, and Code generally requires twelve, but this type of use does not get much traffic. A
gazebo to the rear will be used for outdoor photography. A landscape buffer is located between ~
this site and the adjacent single-family house. A ground sign proposed on Avery Road will have
to conform to the Sign Code. ......
Mr. Littleton said future expansion of this use was previously a concern. The applicant has
proposed expansion similar to the Frazier property to the north, and this site would change or
expand in three phases. The first phase would involve the current renovation addition; the second,
the construction of the new structure, along with utilities; and the third, construction of the new
structure and a combination of the Frazier property to the north.
Stone will be added to the east elevation to create a trellis at the front entrance, and a landscaped
trellis wall will be constructed at the rear entrance. The studio will be on the first floor.
Mr. Littleton said staff is recommending disapproval based on the following:
1) The proposal does not conform to the land use recommendations for this area of the
Southwest Area Plan.
2) The proposed rezoning fails to meet the purpose of the Planned Commerce District to provide
for imaginative design solutions and the proper land use relationships.
3) The plan does not provide for coordination and integration among several parcels in the
immediate area into one planned district.
4) It fails to meet the requirements for future traffic access and circulation needed for -
commercial development.
5) The proposal would create a spot zoning.
6) A retail component has been proposed which is inappropriate for a converted house. -
7) The plan does not have proper triggers for commercial redevelopment of the site, access to
the north, and utilization of municipal water and sewer facilities.
If the Commission is in favor of this application, staff believes the following six conditions are
in line with the previous action of the Commission and Council:
1) That the residential structure, including expansion, be limited to 3,000 square feet;
2) That Stage 2 development (new construction) be limited to a 3,000 square foot building;
3) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants A very Road Alignment Study, before issuance of a building permit;
4) That sufficient right-of-way for the recommended private service road be provided in
accordance with the Barton-Aschman Study and City Engineer upon approval of this
rezoning;
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Dublin Planning and Zoning Commission
Minutes - August 25, 1997
Page 12
5) That storm water management for the site meet the requirements of the City Engineer; and
6) That a revised development text and site dimension plan which incorporates all of these
conditions be submitted within two weeks.
Mr. Sprague still believes this was a spot zoning.
Ms. Boring understood that the concern was that the retail zoning would go with the land. Mr.
Littleton said the text limited this site to office uses and several conditional uses including the
- photography studio and a bank. Retail use would require rezoning.
~:>ii" Ms. Boring asked if the hours of operation were restricted. Mr. Littleton said no. Ms. Boring
asked for a condition that the hours of operation be approved by staff.
Chris Cline, representing the applicant, said this lot would not join any residential use. He did
not wish to restrict hours of operation. He asked that the hours of operation be worked out with
staff prior to going to City Council for approval.
Mr. Cline said they had not talked to staff since the staff report was written. He said their text
and the Frazier text said 10,000 square feet per acre for development was permitted. He would
like any future development continue to be limited to 10,000 square feet, as well. This would
make the development standards alike for both sites when and if combined. He did not know
anything about a public service road. He said the lot to the west was also going to become a non-
residential use and its ability to use the service road would be limited. There is a pine tree buffer
on the rear which they want to preserve. He asked that the issue of the access road be left open
for further discussion.
Mr. Cline said this application was previously approved by the Commission, but it is now
improved. The text is tighter. Previously, the text was written for only one use, a retail use. A
- photography studio as a use is a right in the CC District which means anyone could legally argue
that any other use with the same intensity would be permitted. A photography studio is also a
conditional use in the SO, Suburban Office District, which is appropriate under the Southwest
~ Area Plan for this area of Avery Road. Mr. Cline said approval of a revised composite plan, a
development plan, and a request for a conditional use was being requested. If the photography
studio no longer exists, there is no other right to any retail use.
Carole Olshavsky, the architect, showed the proposed plan. An existing garage will be connected
to the full length studio, providing extra ceiling height. The house interior will essentially remain
the same. She said it was challenging to improve the building on all four sides. The parking
reduction was to reduce the impact of the parking on the neighborhood and to maximize the
outdoor photography area. None of the existing large trees on the site are to be removed. The
entire roof will be redone so that the same asphalt shingle pattern will be used. The windows on
the front elevation will be changed to provide a commercial feel, minimizing the residential split
level appearance. She said the existing front elevation entrance will not be used much. The main
entry is at the rear of the addition.
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Dublin Planning and Zoning Commission
Minutes - August 25, 1997
Page 13
Mr. Peplow asked what impact the recently approved subdivision had on this site. Mr. Littleton
said the Barton-Ashman Study commissioned for the Kendall Ridge subdivision clarified the access
and the spacing of future signals along A very Road. A service road or driveway connecting the
parcels with the signal to the north should be constructed.
Mr. Cline said the dead end should be one lot to the west of this site. This site will probably not
abut residential use in the future. Ms. Boring noted that the second lot from A very Road is not
currently zoned commercially.
...
Mr. Cline said there are incentives in the text to combine lots for redevelopment. He said only
office uses are permitted. Stage 1 permits the photo studio or very quiet, low traffic offices, such ...
as for an attorney. He said this copies the Frazier PCD standards. Stage 2 requires connection
to public utilities and permits higher intensity offices. Stage 3 further expands Suburban Office
uses, but requires redevelopment with an adjoining property. Mr. Cline said the maximum
redevelopment will be based on 10,000 square feet per acre, after the right-of-way is dedicated.
Kim Littleton said reciprocal easements are being encouraged; the space appears to be inadequate
for a public service road. Ms. Clarke clarified that a text amendment including cross access
language is requested. Mr. Littleton said this is a residential lot, not sized for commercial use,
parking, storm water management, etc. It is located on a corner with dual setbacks. He thought
a 3,000 square foot building would fill the site, but he agreed to removing Condition 2.
Mr Littleton said Condition 4 could be worded: "That sufficient reciprocal access easements or
agreements for the recommended service road be provided in accordance with the Barton Aschman
study and City Engineer approval". Ms. Boring noted that there is currently no approved service
road plan. Ms. Clarke stated that the development text needs to be amended to include the
applicant I s commitment to cooperate in providing the appropriate service road or access
provisions. Mr. Cline agreed to this commitment and will work out the wording with staff.
Ms. Boring withdrew her request for limiting the hours of operation. Only office use will be ....
permitted under this rezoning, not retail uses.
Ms. Clarke said she believes this is still a spot zoning even with the additional restrictions under -
discussion. Mr. Cline disagreed and said a spot zoning is totally out of character with present uses
or future uses. He does not believe that is the case.
Mr. Sprague said this application is improved. He likes the elevations.
Mr. Peplow, Ms. Boring and Mr. Harian said they appreciated the improvements made.
Mr. Sprague made a motion to reconsider and approve this rezoning application (for a
photography studio and conditional use) and composite plan with the text revision dated June 27,
1997, with five conditions:
1) That the residential structure, including expansion, be limited to 3,000 square feet;
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. Dublin Planning and Zoning Commission
Minutes - August 25, 1997
Page 14
2) That right-of-way along A very Road be dedicated to the City, consistent with the MS
Consultants Avery Road Alignment Study, before issuance of a building permit;
3) That the text be revised to require sufficient reciprocal access easements with the adjoining
properties;
4) That storm water management for the site meet the requirements of the City Engineer; and
5) That a revised development text and site dimension plan which incorporates all of these
conditions be submitted within two weeks.
-
r Mr. Peplow seconded. Mr. Cline accepted the conditions. The vote was as follows: Mr.
I Lecklider, yes; Ms. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Harian, yes; Mr. Peplow, yes;
...... and Mr. Sprague, yes. (Approved 6-0.)
4. Concept Plan - 97-104CP- Residences at Dublin
Mary Newcomb presented this c cept plan for a building wi 58 units of senior housing at the
northeast comer of Martin Ro and Riverside Drive. She id this is the first stage in the D
rezoning process. The sit contains 5.1 acres and is zo ed R-4, Suburban Residential strict.
The proposal includes payment for park ($47, rather than the dedication of d (1.28
acres). The plan inc des some garages and surfa parking. She showed slides the area.
The site contai two homes and has access f m two drives onto Martin Ro . There is a loop
drive that se es several residences. The 1 tion of driveways will need rther study for sight
distance. 'A left turn lane on Martin oad will be needed at the e drive, and perhaps
improv ents to the Riverside Drive i ersection. The site is steep, e ecially along the streets,
with number of large trees. It ov looks the Scioto River.
he building is to be stucco, one, and lap siding. It will b two stories in height on its east
elevation, and three stories facing Riverside Drive. The ilding is shown with dormers and
.... balconies. The architectu is strictly conceptual at this ti e. The building is "H" shaped.
,if<jv.;:'<JI fic study has been submitted. concludes that there is not much' pact
on the AM and PM hour traffic. Also the over Martin Road volume is likely to ecrease
once other area t ftic improvements are installed Utilities are available to the site.
She said the uilding needs to be more sensi vely designed to preserve trees the site. The
Communi Plan update indicates a resid tial density of 2-4 units per acr , and the density
propo s 11.3 units per acre. The Com unity Plan density is based on i pact, and the actual
impac of a senior housing project wa not rated separately. Its impac s lower than standard
hou . ng, but that will need further as ssment. The proposed density ay need to be reduced at
t preliminary development plan ge (rezoning). She said the c cept of senior housing was
ogical for this site, and it confor s to several goals of the Com nity Plan. A tree survey and
preservation plan will be need . Staff is requesting right-of-w e dedicated in compliance with
the Thoroughfare Plan in the ommunity Plan update (60 ~ from centerline of Riverside Drive
...,,,'"
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DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
January 2, 1997
CITY OF IHlBLlN
5800 Shier Rin~ Road
Dublin, OH 43016-7295 ~,
Phone/rDD: 614/761-6550
Fax: 614/761-6506
.....
The planning and Zoning Commission took the following action at this meeting:
3. Rezoning Application Z96-012 - Crook Property - 6017 A very Road
Location: 0.8076 acres located on the on the northwest comer of Avery Road and Dan
Sherri Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: PCD, Planned Commerce District.
Proposed Use: A conversion and expansion of a single-family house into a photographic
studio and office use.
Applicant: Robert Thomas Low, 12509 Hinton Mill Road, Marysville, Ohio 43040; and
Karl A. Crook, 6017 Avery Road, Amlin, Ohio 43026.
MOTION: To approve this application with the following 15 conditions:
1) That no expansion of the residential structure, beyond 2,400 square feet be permitted;
2) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants A very Road Alignment Study;
3) That landscaping conform to Code; ....
4) That shared access be provided and coordinated with the Frazier property to the north;
5) That the driveway width be increased to 22 feet in width, or that the uses be substantially
more limited than the text permits initially; -
6) That the text be revised to include a section "Miscellaneous Concerns" modeled after the
Southard text (Z93-014 - see attached), to the satisfaction of staff;
7) That the applicant work with any future rezoning or redevelopment plan with adjacent
landowners;
8) That the applicant fund the construction of an eight-foot bikepath and installation of street
trees along the Avery Road frontage prior to issuance of a building permit (to be installed
upon road widening);
9) That the applicant incorporate design features established for the A very Road corridor in
connection with any revised development plan;
10) That ground signage be limited to six feet in height, and that any sign base match the
building;
11) That the storm water management meet the requirements of the City Engineer;
Page 1 of 2 97-050Z
USA Foto, Inc.
6017 A very Road ...
__"U"_'<_'_~"" '"1Vlf TI' U flit I ~~~'<'~-'"
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
January 2, 1997
3. Rezoning Application Z96-012 - Crook Property - 6017 A very Road (Continued)
- 12) That Ohio BP A approval be received for reuse of the on-site disposal system prior to
issuance of a building permit;
~ 13) That the design of the driveway and standards for the parking area be approved by the City
Engineer;
14) That a revised development text and a site dimension plan which incorporates all of these
conditions and an expansion of the text, including definitions and commitments made at
this meeting, be submitted within two weeks; and
15) That the use of property be limited to a photographic studio and small offices, and that any
other uses will require rezoning of the site.
* Robert Thomas LOw agreed to the above conditions.
VOTE: 4-2
RESULT: This rezoning application was approved and will be forwarded to City Council with
a positive recommendation.
STAFF CERTIFICATION
-- .J)~ ~
Tim Evans
""lkNr Planner
.
Page 2 of2
97-0S0Z
...... USA Foto, Inc.
6017 Avery Road
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Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 11
3. Rezoning Application Z96-012/Composite Plan - Crook Property - 6017 Avery Road
Tim Evans presented this rezoning for 0.8 acres on the northwest corner Avery Road and Dan-
Sherri Avenue from LI, Limited Industrial, to PCD, Planned Commerce District. The requested
rezoning would permit the conversion and expansion of a house for a photography studio and
office use as well as future development of the site. There is an existing 1,625 square foot split
level house (including garage), a 400 square foot carport, a 300 square foot deck, and a 120
square foot shed. After conversion, the house will be increased to approximately 2,300 square ....
feet.
..."
Mr. Evans said the property is to be developed in stages. The on site septic system and well are
to be utilized until City services are available. The driveway will be from its existing opening
onto Dan-Sherri A venue and will lead to a nine space parking lot behind the house. Permitted
uses range from those found within the CC, Community Commercial District to SO, Suburban
Office and Institutional Uses as outlined in the text. The Frazier property, immediately to the
north, was rezoned to PCD earlier this year. The Frazier property is a 1,600 square foot house
on 0.86 acres, and no expansion of the house is permitted. New construction will be permitted
only after public utilities are available and the house is removed. The permitted uses for the
Frazier property were those only permitted in the SO chapter. Staff did not support that request
for rezoning. Coordination of access points among properties is an issue in the current case. A
driveway from Dan-Sherri A venue through to the Frazier property is proposed. The plan shows
a 16- foot access to the Frazier parking area, and the text requires working with that property
owner to provide joint parking behind the houses and access to Dan-Sherri A venue, in exchange
for access to Avery Road at the Frazier property. Avery Road is subject to a future widening and
a median or boulevard. The proposed median would restrict A very Road full service access to
both of these sites. The City Engineer does not support any access to A very Road for this site.
The site is in Subarea 10 of the Southwest Area Plan. It indicates the A very Road Corridor is to .-
become a mixed use district and creating a continuous commercial strip is to be avoided.
Mr. Evans said a letter from Ross D. DiGorgio, a neighbor, does not object to the use proposed. ~
He was concerned with ingress/egress for the business on Dan Sherri Avenue. He opposes
commercial traffic using Dan Sherri A venue and suggests relocating it to the Frazier property.
Staff believes the re~l component makes this request less appropriate than the Frazier request.
This application exceeds the uses and rights allowed in the Frazier case, permitting significant
expansion of the house. It makes future standard commercial development improbable.
Mr. Evans said staff recommends disapproval based on the following:
1) The proposal does not conform to the land use recommendations for this area of the
Southwest Area Plan.
2) The proposed rezoning fails to meet the purpose of the Planned Commerce District to
provide for imaginative design solutions and the proper land use relationships.
97-050Z
USA Foto, Inc.
6017 A very Road ...
~"..,"w,~.........Ei.>~.,i
" ,--.-
Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 12
3) The plan does not provide for coordination and integration among several parcels in the
immediate area into one planned district. Further it exceeds substantially those commercial
rights recently granted to an immediately adjacent property.
4) It fails to meet the requirements for future traffic access and circulation needed for
commercial development.
5) The proposal would create a spot zoning.
6) The parking design is inadequate for commercial purposes.
7) A retail component has been proposed which is inappropriate for a converted house.
,- 8) The plan does not have proper triggers for commercial redevelopment of the site, access to
the north, and utilization of municipal water and sewer facilities.
-
He said if the Commission considers approval of this application, the following 15 conditions are
consistent with the Frazier rezoning and/or development plan approvals:
1) That no expansion of the residential structure, beyond enclosing the attached garage be
permitted;
2) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants A very Road Alignment Study;
3) That landscaping conform to Code;
4) That Stage 2 development (new construction) be limited to a 3,000 square foot building;
5) That shared access be provided and coordinated with the Frazier property to the north;
6) That the driveway width be increased to 22 feet in width, or that the uses be substantially
more limited than the text permits initially;
7) That the text be revised to include a section "Miscellaneous Concerns" modeled after the
Southard text (Z93-0 14 - see attached);
8) That the applicant work with any future rezoning or redevelopment plan with adjacent
landowners;
9) That the applicant fund the construction of an eight-foot bike path and installation of street
trees along the A very Road frontage prior to issuance of a building permit (to 'be installed
- upon road widening);
10) That the applicant incorporate design features established for the A very Road corridor in
connection with any revised development plan;
~.yi 11) That ground signage be limited to six feet in height, and that any sign base match the
building;
12) That the storm water management meet the requirements of the City Engineer;
13) That Ohio EP A approval be received for reuse of the on-site disposal system prior to
issuance of a building permit;
14) That the design of the driveway and standards for the parking area be approved by the City
Engineer; and
15) A revised development text and a site dimension plan which incorporates all of these
conditions be submitted within two weeks.
Mr. Sprague agreed with staffs concerns.
97-0S0Z
-.. USA Foto, Inc.
6017 A very Road
-
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Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 13
Randy Bowman said staff opposes access onto Avery Road from this property. Mr. Peplow
asked if that precluded a joint driveway. Randy Bowman said it needs joint access.
Mr. Ferrara asked if the joint access issue had been. worked out with the Fraziers. Mr. Evans
said there was no agreement at this time. Ms. Clarke said the rights to redevelop on the Frazier
site requires joint access. A new building is not permitted without City water and sewer
availability as well as the access issue being resolved..
Ms. Chinnici-Zuercher asked about the outdoor photographic area. Mr. Evans said the 120 square .....
foot outbuilding located in the rear of the property would be used as an outdoor photographic area.
....
Thomas Low, USA Photo Incorporated, 12509 Hinton Mill Road, Marysville, said it was his
intention to utilize the site as a photographic facility and for low intensity office use. The house
will remain residential in scale and appearance and will serve as a neighborhood transition. There
is a mature pine windbreak at the rear of the site that he will use as a photographic area. He said
the development stages include the reuse of the house after conversion of the present carport,
garage, and deck area into additional studio space. There are no plans for the property to be
resold or leased for any other form of business. He wants to combine his office and studio
facilities. He said their retail traffic was low. Two-thirds of his business is done while traveling.
Mr. Low does not want to use the Frazier's access. He feels the Fraziers need it to develop their
site further. He said his current access to Dan Sherri A venue was adequate. Mr. Low said he
agreed to work with the Fraziers to provide access between the two sites from Dan Sherri. He
said he cannot afford the access through the Frazier property if the structure cannot be expanded.
He wants to enclose the carport and remove the deck, replacing it with an equal size addition.
Ms. Chinnici-Zuercher understands the City Engineer wants a joint access for the properties. Ms.
Clarke said this site currently does not have access to Avery Road, and no new access point should
be added. Combined access for the ultimate commercial development of the properties is desired. -
Staff does not object to access from Dan Sherri A venue, but both proposals have substandard
driveways widths for commercial development. Because of the low traffic for the Frazier
proposal, a substandard driveway was okay. This . now involves combining two commercial -
properties upgrading the driveways to a standard 22-foot width to permit two way traffic.
Ms. Chinnici-Zuercher asked if the proposed access to the Frazier property was required. Ms.
Clarke said the PCD text addresses this. She said staff believes the Avery Road frontage will be
limited to right-in/right-out. She said Engineering expects the Dan Sherri intersection to be
signalized in the future. This would provide the chance to separate commercial from residential
traffic by giving the residential area new access from a new subdivision farther to the west.
Ms. Chinnici-Zuercher asked how large the structure would be after the addition. Mr. Low said
2,400 square feet, including an 800 square foot addition.
Ms. Chinnici-Zuercher asked if Condition 4 referred to the outbuilding. Ms. Clarke said no, it
copies the provisions applied to Frazier property. A new commercial structure, up to 3,000
97-050Z
USA Foto, Inc.
6017 A very Road ..
......
!II...: W....D""" 1 < --~.~"-_.,..-
Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 14
square feet, with limited uses could be built without joint access, if it has City water and sewer.
Ms. Clarke thought the driveway proposed by Mr. Low might not be in a good location for a
commercial development.
Mr. Low agreed to all the conditions listed above except Condition 1. He also agreed not to
expand the building beyond this proposal for 2,400 square feet.
- Mr. Ferrara asked about customer traffic. Mr. Low said there would be no more than ten at the
site getting photographed, plus those picking up pictures. He said this is not a retail store.
-
Phyllis Diamond, 6344 Dan Sherri A venue, said any proposal should be disapproved that violated
the Southwest Area Plan and it was spot rezoning. She and several other residents had negative
feelings about the Dan Sherri Avenue entrance. At the November 14 Commission meeting when
the Galli Tract to the west was discussed, Dan Sherri Avenue residents said their preference was
that Dan Sherri A venue be closed at A very Road. Ms. Diamond asked if this application was
approved, would Dan Sherri Avenue be made a deadend at Avery Road. She understood the Galli
tract included another access road to A very Road.
Carl Crook presented a letter from R. Stephen Marcus (neighboring owner) stating he had no
objection to this rezoning. Mr. Crook said the plan for Dan Sherri Avenue is still unclear.
,Ms. Clarke said the access decision was made through the preliminary plat. The plans for the
Galli property indicated Dan Sherri A venue as a through street. She said Ben Hale had discussed
ending Dan Sherri Avenue at either Avery Road, or just short of it because of possible commercial
uses along A very Road. Dan Sherri A venue could then be a cuI de sac entered from the west.
Lisa Fierce said alternatives for limiting the through traffic on Dan Sherri A venue were presented
- at the Galli rezoning hearing. She said the Galli property had its own access along Avery Road,
and when the Trees property is rezoned, it would have access along A very Road too, all
connecting to the Galli property. The access issues are considered in the platting process.
"~
Mr. Crook said the residents understood that Dan Sherri A venue would be disconnected from
A very Road, to maintain their quality of life. He said his home is not a viable residence at this
time. With the Avery Road widening, a bikepath will be 18 feet from the front of his house.
Mr. Peplow said the Commission members and the residents preferred it, but he did not know
yet that Dan Sherri A venue will be a cuI de sac. Ms. Clarke said the Southwest Area Plan uses
a neo-traditionallot layout which would provide parallel streets and multiple entry points. This
is unlike existing Dublin developments which are on cuI de sacs and curvalinear streets with few
main entries on specific roads. If SWAP is followed, the main access to the subdivision will not
be Dan Sherri Avenue, but it will be one of three accesses. If the Galli tract has a boulevard, the
amount of traffic will need to be limited and other accesses points need to be provided.
97-050Z
~""" USA Foto, Inc.
60 17 A very Road
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Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 15
Mr. Peplow asked how Condition 1 was to be amended. Ms. Chinnici-Zuercher said no house
expansion beyond 2,400 square feet would be permitted.
Mr. Lecklider sympathized with Mr. Crook. He said this proposal seemed to exceed the Frazier
property rezoning provisions and it did not conform to the Southwest Area Plan. He was
concerned that in the future this property would not work as proposed.
Mr. Sprague agreed. He said Council had expressed a preference against "spot zoning". He was
concerned that if the Avery Corridor was not carefully planned, it could become a problem to -
Dublin. He was not anti-business, but he accepted staffs concern that this was not appropriate.
..
Mr. Ferrara said he voted for the Frazier rezoning based upon the neighborhood support. He
supports neo-traditional street layout for this area. He favors this application because it may avoid
the immediate area going downhill. He said the Dan Sherri subdivision should benefit from the
future development of the Galli Tract to the west.
Mr. Harlan agreed with Mr. Ferrara that spot zoning is sometimes necessary. He said the
applicant needed to have an agreement with the Fraziers to combine access .
Mr. Ferrara made a motion to approve this rezoning application with all the conditions suggested
in the staff report except Condition 4.
Ms. Clarke asked if it is the Commission I s desire to limit this Planned Commerce District to reuse
of an expanded house, and not permit commercial redevelopment without reconsideration of the
Commission. The conditions are aimed at that goal. She said the commitments made by Mr.
Low regarding the level of traffic, etc. were not currently in the text. If they are to be binding,
the text needed to be rewritten to reflect this lower level of commercial activity.
Ms. Chinnici-Zuercher asked if Condition 15 could be amended to add".. . and commitments made
at the January 2 Commission meeting be included in the revised text...". Mr. Harlan suggested -
a Condition 16: "That the property be used as a photography studio, but not as a retail store."
Ms. Chinnici-Zuercher said any other use would have to be approved by the Commission. Mr. -
Ferrara amended his motion as Mr. Harlan stated. He wanted the text to cite keeping traffic to
ten people per day. Ms. Clarke said a better definition of the retail component was needed. Ms.
Chinnici-Zuercher said Condition 15 could be amended to say "...text including defmitions and
commitments made during the Commission meeting of January 2...".
Ms. Clarke asked if Condition 16 meant that when it came back it was a rezoning application, or
a development plan where the Commission's authority was very limited. Ms. Chinnici-Zuercher
thought it should be treated as a rezoning.
Ms. Clarke said the composite plan submitted did not show future development, but the
development text allows for it in several stages. The text for the Sawmill Road, Southard
Property rezoning for a temporary employment agency, requires rezoning for any other use.
97-050Z
USA Foto, Inc.
60 17 A very Road IIlllI
j
~'" 1 ~fll'.1* '''IIi .~,~w._ _'__""'''''_''__.'~_~'''''"'_''. ~
Dublin Planning and Zoning Commission
Minutes - January 2, 1997
Page 16
Mr. Banchefsky said if this use only were approved, requiring that other uses return for rezoning
was appropriate.
Mr. Ferrara amended Condition 15 to say "expansion of the text to include commitments made
by the applicant". Mr. Peplow added "to the satisfaction of staff" to Condition 7.
Mr. Harian suggested that Condition 15 read: "That the property be used as a photographic
- studio and office only and any other proposed use would have to come before the Commission as
a rezoning application".
...."
The conditions were amended to read as follows:
1) That no expansion of the residential structure, beyond 2,400 square feet be permitted;
2) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants A very Road Alignment Study;
3) That landscaping conform to Code;
4) That shared access be provided and coordinated with the Frazier property to the north;
5) That the driveway width be increased to 22 feet in width, or that the uses be substantially
more limited than the text permits initially;
6) That the text be revised to include a section "Miscellaneous Concerns" modeled after the
Southard text (Z93-O 14 - see attached), to the satisfaction of staff;
7) That the applicant work with any future rezoning or redevelopment plan with adjacent
landowners;
8) That the applicant fund the construction of an eight-foot bikepath and installation of street
trees along the Avery Road frontage prior to issuance of a building permit (to be installed
upon road widening);
9) That the applicant incorporate design features established for the A very Road corridor in
connection with any revised development plan;
- 10) That ground signage be limited to six feet in height, and that any sign base match the
building;
11) That the storm water management meet the requirements of the City Engineer;
,- 12) That Ohio EP A approval be received for reuse of the on-site disposal system prior to
issuance of a building permit;
13) That the design of the driveway and standards for the parking area be approved by the City
Engineer;
14) That a revised development text and a site dimension plan which incorporates all of these
conditions and an expansion of the text, including definitions and commitments made at this
meeting, be submitted within two weeks; and
15) That the use of property be limited to a photographic studio and small offices, and that any
other uses will require rezoning of the site.
Mr. Harian seconded the motion. Mr. Low agreed to the above conditions. The vote was as
follows: Mr. Peplow, yes; Mr. Lecklider, no; Mr. Sprague, no; Ms. Chinnici-Zuercher, yes; Mr.
Harlan, yes; and Mr. Ferrara, yes. (Approved 4-2.)
Ms. Chinnici-Zuercher thanked Mr. Low and welcomed him to Dublin. 97-0S0Z
H'.-;.... USA Foto, Inc.
60 17 A very Road
i't1'<,."tlI
. _._~._..._._,,"~ _._.."". r._,~
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
February 6, 1997
rn OF III BLI!\
saoo Shier Rings Road
DWtll1, OH 43017-1236
~D:614/761",SSO -
fax: , 14/761 "'506
.....
The Planning and Zoning Commission took the following action atthis meeting:
1. Rezoning Application Z96-012 - Crook Property - 6017 A very Road
Location: 0.8076 acres located on the northwest corner of Avery Road and Dan Sherri
Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: PCD, Planned Commerce District.
Proposed Use: A conversion and expansion of a smgle-family house into a photographic
studio and office use totaling 3,000 square feet.
Applicant: Robert Thomas Low, 12509 Hinton Mill Road, Marysville, Ohio 43040; and
Karl A. Crook, 6017 Avery Road, Amlin, Ohio 43026.
MOTION: To approve this application with four conditions:
1) That the residential structure, including expansion, be limited to 3,000 square feet;
2) That right-of-way along Avery Road be dedicated to the City, consistent with the
MS Consultants Avery Road Alignment Study, upon rezoning;
3) 'That the text be revised to further restrict the office component to low volume, and -
non-medica1ldental offices, and clarify the timing/commitment of shared access
with the Frazier property; and -
4) That a revised development text and a site dimension plan which incorporates all
of these conditions be submitted within two weeks.
* Robert Thomas Low agreed to the above conditions.
VOTE: 4-2.
RESULT: This application was approved. It will be forwarded to City Council with a positive
recommendation.
FIer;;
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I
97-050Z
USA Foto, Inc.
6017 A very Road -
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Qublin Planning and Zoning Commission
Minutes - February 6, 1997
Page 2
Mr. Ferrara made motion to approve the utes with that correc. n, and Mr. Peplow
seconded. The v. was as follows: Ms. Bo . , yes; Mr. Lecklider, y , Mr. Sprague, yes:
her, yes; Mr. Peplow, yes' d Mr. Ferrara, yes. pproved 6-0.)
g made the motion accept ocuments into the recor , and Mr. Peplow s oed. The
vo was as follows: Mr. Fe , yes; Mr. Lecklider, ; Mr. Sprague, yes; s. Chinnici-
uercher, yes; Mr. Peplow, es; and Ms. Boring, yes (Approved 6-0.)
-
1\ 1. Reconsideration Case - Rezoning Application Z96-012 - Crook Property - 6017 Avery
...... Road
Lisa Fierce said The Commission approved this application. on January 2, with 15 conditions.
One of them limited the building to 2,400 square feet. . The. applicant agreed to this condition, but
he rea]i7e5 now that this does not include the second story (about 540dsquare feet). The revised
text now incorporates most of the 15 conditions. The request is now for a building up to 3,000
square feet in total area in this Planned Commerce District rezoning application.
Ms. Fierce said the proposal includes converting the house to a photography studio and rebuilding
the carport, garage, and deck as fully enclosed and heated space. She said if the case is approved,
staff recommends limiting the office to low volume, non-medical/dental uses. She-said the
applicant agreed, but this is not yet in the text. The rear driveway is to be 22 feet wide with 11
parking spaces.. The rendering has a handwritten note for access to the Frazier site (north). The
intent shared access with Frazier when it is redeveloped. If approved, staff recommends that the
text provision be clarified regarding shared access.
Staff is recommending. that this application be disapproved. Staff would support. a comprehensive
rezoning along A very Road but would not include permanently converted residences.
-
If the Commission chooses to approve the application, the following conditions are recommended:
1) That the residential structure, including expansion, be limited to 3,000 square feet;
<.... 2) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants A very Road Alignment Study, upon rezoning;
3) 1bat the text be revised to further restrict the office component to low volume, and non-
medical/dental offices, and clarify the timing/commitment of shared access with the
Frazier property; and
4) That a revised development text and a site dimension plan which incorporates all of these
conditions be submitted within two weeks.
Ms. Boring asked if there is a separate Avery Road bikepath account. Ms. Fierce said no, but she
believes this can be solved. Balbir Kindra said Finance can designate an account for Avery Road.
Thomas Low, the applicant, apologized for the square footage oversight. He said there was
absolutely no change to his original plan which was approved.
97-050Z
USA Foto, Inc.
- 6017 A very Road
~i'!
Dublin Planning and Zoning Commission
Minutes - February 6, 1997
Page 3
Phyllis Diamond, 6344 Dan Sherri Avenue, did not object to the proposal. Her neighborhood
supports any plan to close Dan Sherri Avenue. It should not carry commercial traffic.
Mr. Peplow asked if the "miscellaneous" concerns had been addressed. Ms. Fierce said yes.
Mr. Sprague said this business would be an excellent addition to Dublin, but he remains opposed
to it, especially because it will now be bigger. He wants a more comprehensive approach to
rezoning along Avery Road, rather than lot by lot. He agrees that a 3,000 square foot structure
is quite unlikely to be redeveloped. Mr. Lecklider agreed with him. -
Mr. Peplow and Mr. Ferrara said they still support this request. ....
Mr. Peplow made a.motion to approve this application with four conditions:
1) That the residential structure, including-expansion, be limited to~3,,000;squarefeet;
2) That right-{)f-wayalong Avery Road be dedicated to the City, :consistent-with the MS
Consultants A very Road Alignment Study, upon rezoning;
3) That the text be revised to further restrict the office component to low volume, and non-
medical/dental offices, and clarify the timing/commitment of shared access with the
Frazier property; and
4) That a revised.development text and a site dimension plan which incorporates all of these
conditions be submitted within two weeks.
Ms. Boring seconded, and Mr. Low agreed to the conditions. The vote was as follows: Mr.
Ferrara, yes; Mr. Lecklider, no; Mr. Sprague, no; Ms. Chinnici-Zuercher, yes; Ms. Boring, yes;
and Mr. Peplow, yes. (Approved 4-2.)
2. Rezoning plication Z97-OO1Z - Co osite Plan - Shamrock Industria
nee Films - 6365 Shie~ Road
-
J Talentino presented this' ning from Rl;. Restricted Industrial, CD, Planned. Commerce
District. The two acre,si on the south side of Shier-Rings R . It contains anew 12,000 -
square foot building erfonnance Films. The proposed P uses include RIuses plus office
use and retail use r a bike shop, each of which could py up to 15 percent of the building.
Staff recom nds deleting "canning" from the list 0 rmissib1e uses. There is a bike path .
front of building. The parking lot will need . more spaces to support this change in
The dscape plan has not been reviewed by s . The Southwest Area Plan notes that the very
ad Corridor is to have a broad mix of u . This application is consistent with tha Ian.
Mr. Lecklider asked about screenin e utility boxes. Mr. Talentino said they w
to the site and landscaping plans.
Mr. Talentino said staf ecommends approval of this application wi
1) That parkin d its screening conform to Code;
97-050Z
USA Foto, Inc.
6017 A very Road -
, I- I " j ""'-.-""'-
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RECORD OF PROCEEDINGS
Minutes of Dublin-Gity-C-ouncil-Meeting Meeting
ft..&'nftAo I J:OAL .1...Nk ~o '0... NO _.. ~
Helcl April 14, 1991 Pal!e 3 19_ ,
--
easements to the site will not be a win situation as visitors to the falls would have to !
share the space with an office elopment. He commented that the City has ample fun Ii
in the combined accounts r greenspace and land acquisition to acquire both the 2. ere "
site in the video and parcel immediately to the north of that site. Any build' II
I, development 0 e site will be a visual impairment to the falls. He urged uncil to do
Ii the right t . at the right time - to acquire the entire site for parldan d for preservation II
i! Ii
~ j' purpo
j !' Ii
.. , noted that she is ublin resident and a
\ Ii
~~"fiI'f professional geologist working for the Ohio EP A e commented that there are several
; ~ options open to the City to preserve the falls _ e is a land trust which is designed to give Ii
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incentives to developers for parldand pr ation. She would also encourage offering I;
the developer interested in this prop a tax abatement elsewhere in the City. She Ii
supports purchase of this parce !:
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noted that a letter was included in Council's pac r
.: from the trustees itizens for Dublin. This letter urges Council to acquire sand Ii
! perty and turn it into parldand. It is very important that ublic jl
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;1 s to this location now and into the future. With adequ parking available
., an th the amenities to enjoy it such as park benches, picnic ta s, etc., this will be a
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.I ery special park,
i Rich Fer-il'son 7202 Moiave Street added his sup to the comments about acquisition II
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of the parcel at Shawan Falls. He believes that e pending purchase of the property makes "
the decision critical and it is in keeping the stated goal of acquiring green space. He Ii
encour~ged Council to take steps to uire this property.
ouncil will discuss the issue of Shawan Falls at ,;
Mayor Kranstuber stated t II
;, executive session and . keep the public advised,
,: ~ut~~ I
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J
il ARlNr.-SISECOND READINGS i
!j Ordinance No. 113-96(Amended) - An Ordinance Providing for a Change in Zoning i
j
., for 0.8076 Acres of Land Located on the Northwest Corner of Avery Road and Dan ,
".",..~~ Sherri Avenue, from: R-2, Limited Suburban Residential District, to: PCD, Planned Ii
Commerce District. (Crook Property- 6011 Avery Road) (Applicant: Charles P. Ii
Driscoll, Vice President, 500 South Front Street, Suite 710, COlumbus, Ohio 43215) i!
Ms. Clarke stated this site consists of one single-family lot of.8 acre on the comer of Dan Ii
,
.1 Sherri Drive and Avery Road. The Frazier property was rezoned recently and it lies 11
.' immediately to the north. This rezoning is also for the conversion of a single family home i
- in this case the proposed use is as a photographic studio and alternate uses would include i
low volume offices. What is different from the Frazier proposal is that the Frazier I
proposal included the existing home, which was not to be expanded. This is a slightly Ii
larger house and can be expanded under this PlaMed Commerce District text to up to Ii
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3,000 square feet. Staff recommended disapproval of this application, but Planning I;
I;
Commission recommended approval of the application by a vote of 4 to 2, Ms, Clarke ji
then showed slides of the area. She noted that there is a leech field in the back yard and :
there is a possibility of a cross access easement with the Frazier property, As Council is
aware, Avery Road may be widened at some point in the future and it will have a
landscaped median which will make left turns difficult into this site. By providing a
common access point for the two properties, staff believes some future access problems
could be minimized,
She explained that in the Southwest Area Plan, this area is designated as residential and in
fact, the Dan Sherri neighborhood is shown as expanded, This is the primary reason that
staff did not support this commercial application, In addition, these single family homes
do not make the best commercial structures nor the best image along arterials.
PlaMing Commission recommended approval by a split vote with four conditions listed in
the Record of Action of February 6, 1997: 97-0S0Z
1) That the residential structure, including expansion, be limited to 3,000 square feet; USA Foto, Inc.
.,,,,,.,,..,,, 60 17 A very Road
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RECORD OF PROCEEDINGS
Minutes of Dublin-€ity-€ouncil-Meering Meeting
DA.YTON l"GAL .1 ANI( 11:0 ..0.... NO. 101..
He]n April 14. 1997 Pue 4 19_
2) That right-of-way along Avery Road be dedicated to the City. consistent with the MS I:
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Consultants Avery Road A1igrunent Study, upon rezoning; r
3) That the text be revised to further restrict the office component to low volume, and l:
Ii non-medicaVdental offices and clarify the timing/commitment of shared access with the Ii
Ii Frazier property; and I
i 4) That a revised development text and a site dimension plan which incorporates all of
i these conditions be submitted within two weeks. ~
I
I, Ms. Clarke added that the Planning Commission also required that the applicant comply
II
" with the widening study for Avery Road and limit the size of that house to 3,000 square
.' ...
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Ii feet. This will also have to be reviewed by Planning Commission at the development plan
"
" stage prior to construction,
11
1! r
In response to Ms, Stillwell, Ms. Clarke noted that over a long period of time, there have' ,I
ii I:
,I been recommendations against the commercial fe-use of residential structures. particularly "
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! along the arterials. In the case of Tuttle Crossing West, there was a series of single family I:
;, homes, and the homes cannot be re-used for commercial purposes - the only rights that
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:i were conferred were those that permit the full commercial redevelopment of the property 'I
11 in accordance with a coordinated plan. In addition to that, the Southwest Area Plan
II indicated that the Dan Sherri subdivision will probably remain there for decades to come, i
II I
'i As such, staff wanted to see it augmented and not subtracted from, I
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. Ms. Hide Pittaluga asked for more clarification regarding the property to the north which
was recently rezoned Commercial. Ii
Ms. Clarke responded that the property to the north was substantially smaller than this one '.
II
and cannot be expanded. The bigger the investment in expanding a residential structure, !i
the less likelihood that someone will tear it down and rebuild a fully commercial structure. j1
I;
:! When Avery Road is widened, staff could foresee a coordinated zoning plan similar to that Ii
~ I on Tuttle Crossing West. But staff does not support a piecemeal, non-coordinated
I
:! commercial conversion. Staff had also not recommended approval of the Frazier "
" Ii
" rezoning.
ij I
II ;
ij Robert Low 12509 Hinton Mill Road Ma1)'Sville Ohio stated that he is the applicant for
. ~
. the rezoning, He presented a map to Council showing the impact of the expansion of
.I Avery Road on this property. He believes that the proposed use is a perfect transitional -
;1
.; use. The road widening will fall within 20 feet of the front of the house. The house will
.. remain residential in scale and appearance and the back will be developed as a park-like
~ ~ area for outdoor photography.
-
Ms. Clarke noted that staff has not verified this drawing, and if it is submitted as part of I,
the application, staffwill need to review it, I:
!:
Mr. McCash asked why this was not proposed as a straight Suburban Office rezoning j1
similar to the Frazier property with this as a conditional use, He noted his concern with I'
,.
approving a retail use for this site and then including a provision that any use other than a i'
,I
photography studio will require rezoning. r
Ms, Clarke responded that the Planning Commission was persuaded by Mr, Low's
argument that this was a very low volume use, and that maintaining the structure was in
fact a buffer for the residential neighborhood behind it. A suburban office rezoning does
not necessarily provide any particular kind of architecture,
Further discussion continued about the restriction placed on this rezoning for a
photography studio use,
Mayor Kranstuber noted that in terms of land use, this proposal is inconsistent with the
Southwest Area Plan,
Mr. McCash expressed concern about the side yard setback of zero and Ms, Clarke 97-050Z
responded that the limits of the zoning are tied to the legal description which requires a USA Foto, Inc.
60 17 A very Road
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---_.,',,~..._"-'''-"-,-,,-"' -'~ "",""". -_.,."-----"--.~-- 'j .~
RECORD OF PROCEEDINGS
. Minutes of Meeting
Dublin-Gity-Gouncil-Meeting
IU.'l'YnN l.llAl al..t.N" ~o "D.", Ho. tOt...
HeM April 14, 1997 . Pa~e 5 19_ !
side yard by the zoning, The Legal Department recommended that it be addressed directly Ii
in the text. This is also the only way to obtain a cross access easement to the property to II
the north. I
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'I Mr, McCash also suggested that there be a limitation on signage allowing it only on the
Ii
I! Avery Road frontage and prohibiting signage on Dan Sherri, In view of the adjacent
.j residential property along Dan Sherri, he is also concerned about referencing the Dublin
- II lighting guidelines which could result in an increased level oflight at the end of Dan II
!I
I: Sherri. Another suggestion is that lighting on the signage and in the parking areas be
!! II
:; turned offat night when the building is unoccupied.
hco#o!J "
,; Ms. Clarke responded that those requests are reasonable but have not been discussed with
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the applicant. j
i
Ms. Hide Pittaluga suggested tabling this until the next meeting to allow an opportunity to i
:1 I
discuss these matters with the applicant. Ii
,; Mayor Kranstuber stated that he is not ready to support this at this time in view of the II
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:. land use issues and the possibility of spot zoning,
ii
11
!1 Mrs. Boring commented that a persuasive argument for her was the lack of places in I
:i I
Ii Dublin for sma11 business owners to locate at a reasonable cost. In this case, the property
'I is not conducive to raising a family in view of the proximity to a widened Avery Road.
i; Allowing a small business to operate here will maintain the residential flavor yet allow a
;1 !
place for a small business person to locate, ;
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Mr. Reiner stated that it is a non-compatible land use and he would have concerns about i
i
setting such a precedent along Avery Road. j
'j i
:j Mrs. Stillwell stated that she agrees that the City needs to take a comprehensive look at I
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:i the future of the Avery Road properties. She thought an overlay district or special i
Ii corridor planning was being worked out. She, too, would have concerns about the I
!! possibility of spot zoning,
II
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;! Mr. McCash stated that he cannot support this application until it addresses some of the
:: issues discussed in conjunction with the Frazier property rezoning. There is a lack of I!
coordination between the texts for the two sites in terms of future development.
:i Mayor Kranstuber stated that for him, the issue is one of land use and he is not sure he Ii
Ii
would support it under any scenario. I!
Mr. Campbell stated that he tends to agree with Mayor Kranstuber.
"
Ms. Clarke stated that if the rezoning application is defeated, the applicant is prohibited Ii
I'
under Dublin's Code from reapplying for a two-year period. I:
Mr, Smith clarified that the applicant could submit a variation of the plan within that time j:
period. !i
Mr. McCash suggested that this be referred back to Planning Commission for further
discussion and to work out some of the issues,
Mrs. Stillwell commented that Council needs to deal with the land use issues and the fact
that there is no comprehensive plan. Referring it back to Planning Commission would not
address these,
Mr. Campbell stated that in the short run, there may be hardship for this particular
applicant; in the long run, however, approving this application may restrict the City's
ability to upgrade this corridor. The larger issue seems to be the lack of a coordinated
rlan for this area and this may take longer than two to six months to achieve. 97-050Z
USA Foto, Inc.
'~~'-''l! 60 17 A very Road
,~,,,,,,,,,,,,,,-,'~<~'~---"~'._...._--~--- - -_..__..~._..__......._.-..,.-- I
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RECORD OF PROCEEDINGS
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Minutes of Bublin-eity-€ouncil-Meeting Meeting
DAn'nN ll't"...u _lANK 11:0 ..0.... NO. _..
Held April 14. 1997 Pal!:e6 19 j'
Mr. Low noted for the record that he has already purchased this property and his lease il
expired at his former location. He requested that Council table this so that he could work "
with staffon some of the issues. ':
!: I
i Mr. McCash stated that he is looking for better refinement and coordination with the I
j'
II Frazier property text, I
I,
,I Ii .....
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I Mr. Reiner stated that the only scenario under which he could vote for this would be if the
,! City replats this area for commercial and the land behind this is acquired by the City,
;; Mayor Kranstuber agreed. ,I ......
ji ,I
ij Ms. Hide Pittaluga moved to table this ordinance until May 19, 1997. Ii
Mr. McCash seconded the motion. II
Mr. Campbell noted that delaying this a month will not likely result in a positive vote from Ii
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him. Mayor Kranstuber stated that he cannot see a scenario under which he could support i:
"
this. II
ji Vote on the motion - Mr. Campbell, yes; Mrs. Stillwel~ yes; Mr. McCash. yes; Mrs.
Boring, yes; Mr. Reiner, no; Ms. Hide Pittaluga, yes; Mayor Kranstuber, no. II
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Il~ I
i! Ordinance No. 07-97 n Ordinance Providing for a Change' ning for 123.85 I
HAeres of Land ted on the East Side of Dublin-Belle . t Road Opposite I
;i Memorial ve and River Forest Road, from: R-I, tricted Suburban Residential II
ii Distr', to:PUD, Planned Unit Development . rict. (Amberleigh North)
,: plicant: Amberleigh Estates Associates b es P. Driscoll, Vice President, 500
.. South Front Street, Suite 770, Co!. 0 ' 215) I'
,I
Ms. Clarke stated that this rezoni s for 123.8 acres located immediately north of "
subdivision called Amberlei here were two plans under consideration at th t II
Ii hearing. The plan has been established and the text has been clarifi address i
ii issues raised by neil. This is a proposal for a PUD rezoning for dwelling units, ,
H ,
which inclu 135 single family homes, 63 cluster units and 28 cres of park The 28.6 i
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Ii udes 12 acres to be purchased by Dublin, expan . the area along the river. She
Ii acres I
I! ented some slides and noted that none of the lot ong the Memorial Drive extension I
iI will have their driveways on that street. They e loaded instead from an interior II
H street. Section 4 is actually being pure y one of the property owners to the north,
1: largely as a buffer. The overall dens' s 1.6 dwelling units per acre. Staff is ..
;' recommending approval, and lanning Commission voted unanimously in favor of this Ii
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~ ; on March 20 with 17 con . ons: i'
I!
i! 1) That the rive . e park be enlarged to incorporate an additional half acre and; I!
!, 2) That th ee preselVation plan and stone wall protection be augme by a plan -
Ii
;! for fencin , tc.; Ii
:l 3) hat an agreement on the proportional <:onstruction cos r Memorial Drive and Ii
'. propriate plat notes be included in all future documents r ding a possible future Ii
" bridge until such time as the Community Plan exclud s site as a potential bridge I'
.1
i. location; ,.
i;
4) That road improvements incorpora i'
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intersection with Dublin Road; ;
5) That the developer coo te with any needed design changes that might result
from updating the Thorou are Plan;
6) That the c1us site be designed to maximize tree preservation to avoid bui ' gs
which straddle county line, unless otherwise resolved by both county audit , and to
provide a propriate edge along the park;
7) hat the issue of private streets be determined by City Coun . s part of the future
ster design review and approval;
8) That "no parking" zones be established on one side
wide and be noted on the final plat;
9) That the developer present a constructio
Amberleigh streets for construction purpose ;
10) That on-site grinder pumps be i cated on future plat, plans, bui 97-050Z
11) That approval of this plan contingent on Council's favorable ~ USA Foto, Inc.
6017 Avery Road -