31-96 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
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31-96
Ordinance NO.__n_nn___m_mm__ Passed__m_____._ mm___nmm_m_mn .--mm19mn__
AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR
0.8608 ACRES OF LAND LOCATED ON THE WEST SIDE OF
"",... AVERY ROAD, APPROXIMATELY 150 FEET NORTH OF DAN
I SHERRI AVENUE FROM: R-2, LIMITED SUBURBAN
RESIDENTIAL DISTRICT TO: PCD, PLANNED COMMERCE
_..",1/iIP DISTRICT (FRAZIER PROPERTY)
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, . state of Ohio, 7 of the elected members
concurr1ng:
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 PCD, Planned
Commerce District and shall be subject to regulations and
procedures contained in Ordinance No. 21-70 (Chapter 153 of
the Codified Ordinances) of 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
,1"""" therewith.
Section 3. That this Ordinance shall take effect and be in
lib}.;:,,'$' force from and after the earliest period allowed by law,
day of err , 199k.-.
Attest:
~ ~~
Clerk of Council
Sponsor: . ... , . / Idtiorlere posted in the
Plann1ng D1 V1S1on 'f h t ( p'M of this Ordtnance letG . R . d Code.
I hereby certl y t d '" . !\ Section 731.75 of the 01\10 eVlse
City of Oublin in dttordt1nCQ WIt.
(0 C!.p ~~
O~I;r~uncil, Dublin, Ohio
,...."''''1Il'II
t
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;~
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Christopher T. Cline
Attorney at Law
37 West Bridge Stteet
Dublin, Ohio 43017
614-766-0425
fax 614-766-579
- July 1, 1996
il
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Memorandum for Dublin City Council:
Subject: Status of on site septic system for 6025 Avery Road when home is converted to
office from residential use
1. There is no permit required for the change of use. Once the home is converted from
residential use the on site septic system will need to be inspected by the Franklin County
Board of Heath every three years. It will be the Fraziers task to notify the county of the
change of use.
2. The present residential use, using standard estimates, generates about 450 gallons per
day of effluent. As an office use, the generation will be about 100 gallons per day (20
gallons per person).
3. Should the existing system totally fail, be wrrepairable and be unusable, the Fraziers
would need to put in a holding tank, an evapo transporation system or an aerator (if suitable
discharge point is available). These would be the same options available if the home was
being used for a residence.
4. It is desirable that parking areas not cover the existing leaching area for the on site septic
system. We have engaged a contractor to survey the situation so that we can appropriately
,..... place the parking areas.
...... 5. Randy Bowman advises that sanitary sewer service for the entire Dan Sheri area will
probably be provided as part of the Galli development and will not come from the east side
of A very Road. The Galli property largely wraps around Dan Sheri and this rezoning
project is in the early stages.
6. Please note that the text does not permit redevelopment of the site until sanitary sewer
service is available.
7. Information contact is Keith Burt, Franklin County Board of Health, 462-3160.
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 2CJ~-6CJ Q
(Reclassification of Land) Date Filed:
Fee Receipt No.
- Received by: liS
......
Please type or print information - Use additional sheets as necessary
TO THE HONORABLE PLANNING AND ZONING COMMISSION:
The Applicant James A. Frazier and Cheryl Frazier
.-/"
being the owner(s),/lessee(s) of property located within the area proposed for
rezoning , requests that the following
described land to be placed in the Planned Commerce District (DC 1181.09)
.
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a. Lot(s)/Reserve(s) 6025 Avery Road (Parcel No. 274-000048 of
,
-
a recorded plat, with an area of .
-- b. Beginning at a point along
(street or other)
and being feet in a N SEW
direction from the (specify) of
(Street or other), and thence having a dimension
of from the (specify) of
(street or other), and having an area of
.
c. The tract of land containing Acres and bounded by:
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
~ (specify) on the N SEW (Circle)
d. Attached legal description: YES X NO
--
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of 4 \.\; FEB?. 1 \996 t \ :'
Page 1 I ; ~
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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
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Thatcher, Thame and Stella 6029 Avery Road, Hilliard, OH 43026
Bro1tJD, Harold P. and Elizabeth 5259 Scioto Darby Creek Rd, Hilliard,OH
<3026
Crook, Karl and Randi R. 6017 Avery Road, Hilliard, OH 43026
Avery Land Co. c/o Ron Davis
580 S. High st, No. 210 Cols, OH 43215
Dearth, Donald S. and Betty M. 4290 Ingham Ave, Cols, OH 43214
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B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND
- 1. Proposed Use or Development of the Land: conversion of house into
professional offices .
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 Exhibits submitted
Plot Plan~; Building Plan _____; Development Plan _____; Sketch _____;
Photographs _____ ; Other Text (specify)
2. State briefly how the proposed zoning and development relates to the existing
and probably future land use character of the vicinity.
~ The increased intensity of Avery Road and the planned expansion of this road
have caused this lot to no longer be suitable for residential use. A low in-
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tensity office use will be cOITqJatible with the City's expectations for deve-
lopment in the area.
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
NO x
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) Christopher Cline, attorney for applicants
being duly sworn, depose and say that I am/we are the owner(s)/lessee(s) of being
duly sworn, depose and say that I am/we are the owner(s)/lessee(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.
...... C~t~
Christopher T. Cline
Attorney at law
37 W. Bridge street
Dublin, Ohio 43017
(Mailing address)
614-766-0425
614-766-5797 (fax)
(Phone)
Subscribed and sworn to before me this ;;ZIZ rdt~A,ey , 19;'16
--- day of
THOMAS G, CLINE ~t~
NOTARY PUBLIC, STATE OF OHIO . . . (notary Public)
MY COMMISSION EXPIRES AUGUST 31, 1987
Person to be contacted for details, if other than above signatory:
"...
- (Name (Address) (Telephone)
- - - - - - - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - -- - -
Do not write below this line)
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
P;:!(!P ,~ /"If it
.
,
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The applicant/owner hereby acknowledges that approval of (his) (her) (its)
request for rezQning 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
iI"""'" 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.
2/27/96 ..
Date authorized
thereof,
On behalf of:
,.... James and Cheryl Frazier
Applicant
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.......
Page 4 of 4
EXHIBIT A
LEGAL DESCRIPTION
Situated, in the State of Ohio, County of Franklin, and City of Dublin, and
being described as follows:
8eing a part of a tract of land conveyed to Christian H, Brown by deed
dated January 16~ 1956 and of record in D,B, 1933~ page 486, Recorder's
Office, Franklin Countym, Ohio, and being a part of Survey No, 3004,
- Virginia Military Lands, and more particularly bounded and described as
, follows:
,
I
....... pin found in the center line of Avery Road at the
Beginning at an iron
southeast corner of the David K, and Hazel S, Williams tract of record in
0,8, 1623, page 3, Recorder's Office, Franklin County, Ohio, being also at
Station 33, plus 21 of the Franklin County Survey of , Avery Road; thence
along the south line of the Williams tract or the north lien of the Godfrey
Rings tract, North 810271 West (passing iron pin at 24,85 feet) 846,55 feet
to an iron pin at the southwest corner of the Williams tract; thence along
the east line of the Williams tract, North 10034' East 590,45 feet to an
iron pin; thence South 800321 East (passing an iron pin at 901 feet) 922
feet to a na i 1 in the center 1 i ne of Avery Road; thence along the center
1 i ne of said road, South 9023' West 59.1 feet to a nail at an angle point
in the road; continuing along the center line of the road, South 180531
West 523.5 feet to the place of beginning, containing 11.91 acres, more or
1 ess.
The part of the above tract being 0,8608 acres out of the northeasterly
corner of said 11,91 acres tract and described as follows:
Beginning at the northeast corner of said 11.91 acre tract, (said point of
beginning being located in the centerline of Avery Road), thence and with
the center 1 i ne of Avery Road and the easterly line of said 0,8608 acre
tract, South 9023'1011 West, a distance of 59.10 feet to an angle point in
- the center line of Avery Road, thence and continuing with said center line
of Avery Road, and with the easterly line of said 0.8608 acre tract North
- 80030'2611 West, a distance of 275,35 feet to a point marking the
southwesterly corner of said 0,8608 acre tract, thence and with the
westerly 1 i ne of said 0.8608 acre tract, North 10026135" East, a distance
of 132.52 feet to a point marking the northwesterly corner of said 0,8608
acre tract; thence and with the northerly line of said 0,8608 acre tract
and with the northerly 1 i ne of said 11. 91 acre tract, South 8003012611 East,
a distnace of 285,17 feet to the point of beginning, containing 0,8608
acres, more or less,
END OF LEGAL DESCRIPTION
.....
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JOSEPH w. TESTA EXHIBIT "B"
I FRANKLIN COUNTY AUDITOR I
MAP AREA . GISctc DATE . JAN 5, 1995
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DISCLAIMER ~
GRID
This ~ap Is prepared for the real property Inventory Nlthln this ~ounty. It Is ~o~plled fro~ re~orded NCRTH
doods. survoy plots. and othor publl~ ro~ords and data. Usors of thIs "ap aro notlflod that tho publl~ GIS
19TH
prl~ary Infor~atlon sour~os should bo consultod for verlfl~otlonof tho Infor~atlon contalnod on thls "ap.
Tho ~ounty ond tho "applng ~a"panlos assu"o no logal rosponslbllltles for tho Infor~atlon ~ontalned on
this ~p, Please notify tho FranklIn County GIS Division of any dls~repan~les.
GIS DIVISION
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Frazier Office Rezoning
6025 Avery Road
Application Z 96-
Planned Commerce District
February 27, 1996
~
Composite Plan (Dublin Code 1181.09)
~
A. General Development Character of the Site... The general development
character of the site is indicated on Exhibit "B", a GIS map. This exhibit shows the
location of the existing one story ranch brick structure, which is proposed for conversion to
office use. The site is a .8608 acre tract with a frontage of about 130 feet and depth of
about 275 feet The site is flat and is unremarkable.
The existing structure is approximately 30'X70'. Applicant would propose to use
all of the first floor of this structure for offices, to include the portion presently used as the
garage. Applicable building codes would be complied with.
All perimeter landscaping and parking landscaping will be in accordance with
Dublin Codes.
Applicant at this point anticipates only one tenant, his accounting ftnn.
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.
The area is presently developed and existing surface drainage facilities will be
retained.
C. Proposed Traffic Circulation Patterns, Exhibit "B" shows the existing relation
of the site to A very Road. One curb cut will be retained on A very Road Applicant
anticipates that their use will generate very low traffic usage of the curb cut, as their
accounting business does not generate significant customer traffic. Primary use of the curb
~'<;i. cut will be on site employees coming to work in the morning and leaving in the evening.
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 finishing of the garage area for offtce use. Aesthetic modifications to give a more
"commercial" look to the building will be more fully explored in the Development Plan.
Future phases of development, physical areas of which will be indicated on the
development plan, could consist of expansion of the existing building. However, it is
possible that no further expansion will take place.
E. Relation of Site to Existing and Future Land Use. The site is in an existing
residential pocket known as the Dan Sheri Subdivision. This site is unique in this
subdivision as it is one of only two homes that have access only on A very Road.
As A very Road has grown in intensity, the residential viability of the site has
declined dramatically. Municipal expectations are that Avery Road intensification has not
Frazier Office Rezoning
version of February 27, 1996
Page 1
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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 Avery Road will dramatically affect the residential
viability of this parcel further, since the new right of way will reach to within 25 feet of 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 adjoining homes in
the Dan Sheri sulxlivision, whether the structures on A very Road transition to non
- residential uses or stay in the residential category.
F. Control of the Land. Applicants are fee simple owners of the land in question
-~ and have full authority to deal with the parcel.
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. Permitted Uses. The uses permitted under this rezoning are those uses
enumerated in Dublin Code 1159 (Suburban Office and Institutional),
(!irjbT.Q~
Attorney for Applicants
37 West Bridge Street
Dublin, Ohio 43017
614-766-0425
1",,,,,,~-,,",
Frazier Office Rezoning
version of February 27, 1996
Page 2
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Location Iv'/ap
JOSEPH 1.1 TESTA Frazier Rezoning
V'J D 6025 Avery Road
I FRANKLIN COUNTY AUDITOR I
MAP AREA :GISCTC DATE: FEB 29, 1995
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ORID
This "OP Is prepored for the reol property Inventory "lthln this county. It Is co~plled fro~ recorded NORTH
deeds, survey plots, ond other public records ond doto, Users of this ~op ore notified thot tho public 18~I~
prl"ory lnfor"otlon sourcos should bo consulted for vorlflcotlonof tho Jnfor"otJon contalnod on thJs "Gp,
Tho county and tho ~pplng c~los assu"o no logal rosponsJbJ!Jtlos for tho Jnfor~atJon contaJnod on
this "Gp, Please notify tho Franklin County OIS Dlvlslon of ony dlscroponcles.
GIS DIVISION
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a.:.o~: '_';~' ~ .",. "~"~'~'''_n_'_._._''_'__'_"____M
RECORD OF ORDINANCES
Doyton LeC.1 Blank Co, Form No. 30043
31-96
Ordinance NO'on........onh" . Passed......u.uon.....onon.... ..........19......
AN ORDINANCE PROVIDING FOR A CHANGE IN ZONING FOR
0.8608 ACRES OF LAND LOCATED ON THE WEST SIDE OF
AVERY ROAD, APPROXIMATELY 150 FEET NORTH OF DAN
SHERRI AVENUE FROK: R-2, LIKITED SUBURBAN
_ RESIDENTIAL DISTRICT TO: PCD, PLANNED COKKERCE
DISTRICT (FRAZIER PROPERTY)
-
NOW, THEREFORE, BE IT ORDAINED by the Council of the city of
DUblin, state of Ohio, of the elected members
concurring:
section L 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 PCD, Planned
Commerce District and shall be subject to regulations and
procedures contained in Ordinance No. 21-70 (Chapter 153 of
the Codified Ordinances) of 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
I this Ordinance and made an official part of this Ordinance and
, said real estate shall be developed and used in accordance
i therewith.
section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
I Passed this day of , 199_.
I
I 'd' ff'
~ Mayor - Pres1 1ng 0 1cer
Attest:
-
Clerk of council
Sponsor: Planning Division
. "JiiJ::~':~::,:::,(:~,~t16
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.,~~-,,'."'~'., ~.">"~-,,-~~ ~,. . ....~._,...~..." ..-....."" ~ .... 1 ~"O'~"'.,
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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 ZH /tf,l... t'V\ ~
(Reclassification of Land) Date Pi ed:
Fee Receipt No,
Received by: 11<::
.."""'- Please type or print information - Use additional sheets as necessary
TO THE HONORABLE PLANNING AND ZONING COMMISSION:
~<"!'"
The Applicant James A. Frazier arrl Cheryl Frazier
../
being the owner(s),/lessee(s) of property located within the area proposed for
rezcning , requests that the following
described land to be placed in the Planned Ccmnerce District (IX: 1181. 09)
,
A, DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a, Lot(s)/Reserve(s) 6025 Avery Road (Parcel No. 274-()()()()48 of
,
a recorded plat, with an area of .
b, Beginning at a point along
(street or other)
and being feet in a N S ~ W
direction from the (specify) of
(Street or other), and thence having a dimension
....... of from the (specify) of
(street or other), and having an area of
-
.
c, The tract of land containing Acres and bounded by:
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
d, Attached legal description: YES X NO
;:;~-:;---rl"IfY~
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. \ :: >'.' ,: .;:....:':"-- --; ~ III
rES 2. 1 \996
Page 1 of 4
h170fO@1J:~-\.
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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
NO x
If Yes, state the basis of reconsideration
- 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) Christcpher Cline, attorney for applicants
being duly sworn, depose and say that I am/we are the owner(s)/lessee(s) of being
duly sworn, depose and say that I am/we are the owner(s)/lessee(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.
s gnature
Christopher T, Cline
Attorney at law
~ 37 W. Bridge street
Dublin, Ohio 43017
(Hailing address)
..... 614-766-0425
614-766-5797 (fax)
(Phone)
Subscribed and sworn to before me this ;2217 hi~kA.eY , 19;'1,6
/ day of
THOMAS G. CLINE ~ c:l'
NOTARY PUBliC, STATE OF OHIO (~1 ~
MY COMMISSION EXPIRES AUGUST 31, 1m J (notary Public)
Person to be contacted for details, if other than above signatory:
(Name (Address) (Telephone)
- - - - - - - - - - - - - - - rDo not WrIte below thIs-IIne)- - - - - - - - - - -, - - -
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
II"~"'.""" Approved Disapproved Modified
. . _.~'__.~__"._'._,_.,..,____'_T"_""__ ._.~= JI!. .-.,....--. - ; '.-.:,,11;_1; -~ . l! '-] @ . NT " ." .."_-r_"," ':,:,,"''''''C~':_'''''''''~';P_'''"'''''''''''''"'';'''''''_''''''''''''''_,",..'_~'
EXHIBIT A
LEGAL DESCRIPTION
Situated. in the State of Ohio, County of Franklin, and City of Dublin, and
being described as follows:
Being a part of a tract of land conveyed to Christian H. Brown by deed
dated January 16, 1956 and of record in D.B, 1933, page 486, Recorder's
Office, Franklin Countym, Ohio, and being a part of Survey No. 3004,
-~ Virginia Military Lands, and more particularly bounded and described as
follows:
"','
Beginning at an iron pin found in the center line of Avery Road at the
southeast corner of the David K, and Hazel S, Williams tract of record in
0,8, 1623, page 3, Recorder's Office, Franklin County, Ohio, being also at
Station 33, plus 21 of the Franklin County Survey of , Avery Road; thence
along the south line of the Williams tract or the north lien of the Godfrey
Rings tract, North 81Q271 W~st (passing iron pin at 24.85 feet) 846,55 feet
to an iron pin at the southwest corner of the Williams tract; thence along
the east line of the Williams tract, North 10034' East 590.45 feet to an
iron pin; thence South 800321 East (passing an iron pin at 901 feet) 922
feet to a nail in the center line of Avery Road; thence along the center
line of said road, South 9023' West 59.1 feet to a nail at an angle point
in the road; continuing along the center line of the road, South 180531
West 523.5 feet to the place of beginning, containing 11,91 acres, more or
1 ess.
The part of the above tract being 0,8608 acres out of the northeasterly
corner of said 11,91 acres tract and described as follows:
Beginning at the northeast corner of said 11,91 acre tract, (said point of
beginning being located in the centerline of Avery Road), thence and with
the center line of Avery Road and the easterly line of said 0,8608 acre
""". tract, South 9023'1011 West, a distance of 59.10 feet to an angle point in
the center line of Avery Road, thence and continuing with said center line
of Avery Road, and with the easterly line of said 0.8608 acre tract North
- 80030'26" West, a distance of 275.35 feet to a point marking the
southwesterly corner of said 0.8608 acre tract, thence and with the
westerly line of said 0,8608 acre tract, North 10026135" East, a distance
of 132.52 feet to a point marking the northwesterly corner of said 0,8608
acre tract; thence and with the northerly line of said 0.8608 acre tract
and with the northerly line of said 11.91 acre tract, South 80030126" East,
a distnace of 285,17 feet to the point of beginning, containing 0,8608
acres, more or less.
END OF LEGAL DESCRIPTION
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. ,
Frazier Office Rezoning
6025 A very Road
Application Z 96-00 I
Planned Commerce District
February 27, 1996
revised March 19, 1996
revised April 13, 1996
~..... revised May 17,1996
revised May 28,1996
-
Comoosite Plan (Dublin Codified Ordinance 153.058)
A. General Development Character of the Site... The general development character
of the site is indicated on Exhibit "B", a GIS map. This exhibit shows the location of the
existing one story ranch brick structure, which is proposed for conversion to office use.
The site is a .8608 acre tract with a frontage of about 130 feet and depth of about 275 feet.
The site is flat and is unremarkable.
The existing structure is approximately 25'X65', Applicant would propose to use all of
the first floor of this structure for offices, to include the portion presently used as the
garage. Applicable building codes would be complied with.
All perimeter landscaping and parking landscaping will be in accordance with Dublin
Codified Ordinances,
Applicant at this point anticipates only one tenant, his accounting and fmancial
planning finn.
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.
"""'........"" The area is presently developed and existing smface drainage facilities will be retained.
C. Proposed Traffic Circulation Patterns. Exhibit "B" shows the existing relation of
~ the site to Avery Road, One curb cut will be retained on Avery Road. Applicants anticipate
that their use will generate very low traffic usage of the curb cut, as their accounting
business does not generate significant customer traffic. Primary use of the curb cut will be
on site employees coming to work in the morning and leaving in the evening.
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 for office use, Aesthetic modifications to give a more
"commercial" look to the building will be more fully explored in the Development 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
fn)) @ In w ~ ~
Frazier Office Rezoning i'\' .....~ 2~1996 l \
Z96-001
version of April 13, 1996 H.
Page 1 - __J \
~T1~ Of 0 U tlbJrU
.,.,----
-
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 Avery 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 Avery 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,
- whether those structures on A very Road transition to non residential uses or stay in the
residential category,
F. Control of the Land. Applicants are fee simple owners of the land in question and
have full authority to deal with the parcel.
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) It is the intention of the applicant to utilize the site as a low intensity office
category use (Suburban Office), 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 office uses is limited to certain
uses that place low demands on traffic access. Modification of the existing
structure which includes expansion beyond the present building perimeter is not
1JIIl!'!'"~'" 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 additional value and utility to be added to it.
New construction on the site will also be limited to the degree that utilities
and additional access 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,
Frazier Office Rezoning
Z96-001
version of April 13, 1996
Page 2
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"",~~",,_~,,"__,,&,~,_,.._.__._"_,._....., ._H'_"".-;-~ -~-~- ,.' _,,,__~,'.~,,,.~,,,,,,~........___,,,--,~~,u,,..,,_,,,_.,,"_~,,,,_,_,,
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,
Sta~es of Development
This text will be applied to use of the site in four stages, all following development
- requirements apply to all stages unless specifically stated otherwise.
Stage 1: Reuse of the existing residential structure with current access and utilities.
-
Stage 2: Construction of a new structure, with municipal sanitary sewer service
available, but with current access, Building density under this stage
shall be limited to 3,000 sf.
Stage 3: Construction of a new structure, with municipal sanitary sewer service
available and with access in addition to the curb cut on A very Road obtained.
Stage 4: Construction of a new structure, with municipal sanitary sewer service
available, with access in addition to the curb cut on A very Road obtained, 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.
Permitted Uses
The following uses are permitted; a copy of Dublin Codified Ordinance 153.026 is
attached:
S1tlge L.. Legal services; engineering and architectural services; accounting, auditing
and bookkeeping services, including fmandal planning; life insurance; accident and
iIII""}"" 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
determination of staff are of similar intensity to the listed uses in this category
S1tlge 2.;, All services 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; and general office uses which in the determination of staff are of similar
intensity to the listed uses in this category; and would otherwise be classified under
Dublin Codified Ordinance 153,026,
Frazier Office Rezoning
Z96-001
version of April 13, 1996
Page 3
-
.. __U~n.__M_"___.~_~'.'__._~'_ ~.. _ '",,,,_,,,,,,,_,...,,,,",,,,,,"<C~__ iJ'.-
~ ~ All services listed in Stage 1 or Stage 2; all uses listed in Dublin Codified
Ordinance 153.026(2); all uses listed in Dublin Codified Ordinance 153.026(3).
~1.: All services listed in Stage 1, Stage 2 or Stage 3; all uses listed in Dublin
Codified Ordinance 153.026(4),
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 detennined by staff to be appropriate.
-
Pennitted 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
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 22' 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,
-
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.
Heiiht Requirements
The maximum height for structures shall be measured per the Dublin Zoning Code
and have a maximum height limitation of 35' .
Frazier Office Rezoning
Z96-001
version of April 13, 1996
Page 4
~
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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).
2. Bank drive-thru uses subject to conditional use provisions of Dublin Codified
Ordinance 153.026(B)(I).
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 A very Road, Shared access will
be provided to adjacent properties when property to the north, south or west is
redeveloped, This parcel will cooperate with adjoining parcels to share access prior
to redevelopment to the extent reasonable and practicable.
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 driveway width for the curb cut on Avery Road shall be 16'.
4. The applicants will fund the construction of an eight-foot bikepath along the
A very Road frontage.
W aste and Refuse
All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence.
Stora~e and Equipment
~"IJI 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,
Frazier Office Rezoning
Z96-001
version of April 13. 1996
Page 5
-
~ --^"_. i
Si~na~e and Graphics
1. All sign age and graphics shall conform to the Dublin Codified Ordinances
153.150-153.164 (Sign Code).
2. All sign age 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.
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~tin~
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 parcel is 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.
Frazier Office Rezoning
Z96-001
version of Apri113, 1996
Page 6
-
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
iIIIlooirrl 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
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. One full service curb cut shall be permitted on Avery Road. Shared access will
be provided to adjacent properties when property to the north, south or west is
redeveloped. This parcel will cooperate with adjoining parcels to share access prior
~>m to redevelopment to the extent reasonable and practicable.
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
A very Road consistent with the MS Consultants A very Road Alignment study,
3. 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.
4, 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
Frazier Office Rezoning
Z96-001
version of April 13, 1996
Page 7
-
M..~'-'~_ ^.'~_~.,,_".o ~'.....,...,~,_""'" ,-'~","",-,,"-.,"~..-
develo~ment plan. The chief zoning official of the City shall detennine 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, 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.
hristo her T. Cline
Attorney for Applicants James and
Cheryl Frazier
37 West Bridge Street
Dublin, Ohio 43017
614-766-0425
"""'''....
-
Frazier Office Rezoning
Z96-001
version of April 13, 1996
Page 8
-
~'_'_"""'""'~~"""""'~"""""""';~'."".io\o,....""..."",.ii.'~~'.......="",,,,~~~=,.__.', ~- ".--_.-.<
CITY OF DUBLIN PLANNING AND ZONING COMNISSION
AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only
OF TilE CITY OF DUBLIN ZONING Application No:
DISTRICT MAP 2M
(Reclassification of Land) Date Filed:
Fee Receipt No.
Received by:
Please type or print information - Use additional sheets as necessary
- TO TIlE HONORABLE PLANNING AND ZONING COMMISSION:
The Applicant James A. Frazier and Cheryl Frazier
.... .../'
being the owner{s),/lessee(s) of property located within the area proposed for
rezoning , requests that the followil
described land to be placed in the Planned Commerce District (DC 1181.09)
.
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a. Lot(s)/Reserve(s) 6025 Avery Road (Parcel No. 274-00001.8
,
a recorded plat, with an area of .
b. Beginning at a point along
(street or other)
and being feet in a N S E \
direction from the (specify) of
(Street or other), and thence having a dimens
of from the (specify) of
... (street or other), and having an area of
.
~"!"'.iiii
c. The tract of land containing Acres and bounded by:
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
(specify) on the N SEW (Circle)
d. Attached legal description: YES X NO
I --.-.--_____..
;;jJ~ m_UW ~-~~
Page 1 of 4 1 W, I FEB 2 -, 1996 :,
I . : j
i I L i
I --, ------...,..""
, CITY nl: DI :nl l,'.!
- '-'~""~~_A'''__~'",.___!,~.'-_:;
-
" ,-,~~._~""....._-- "'...=...."" ~~~~~'",., ..<<,......
~ --
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
Thatcher, 'fhJme and Stella 6029 Avery Road, Hilliard, OH 43026
8r'O\\II1, Har'old p, and El i zabeth 5259 Scioto Darby Creek Rd, Hilliard,'
~J <d02€i
,\,
\1 Crook, Karl and Randi R, 6017 Avery Road, Hilliard,:OH 43026
. .
Avery Land Co. c/o Ron Davis
580 S, High St, No, 210 Cols, OH 4321
Dearth, Donald S, and Betty M. 4290 Ingham Ave, Cols, OH 43214
B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND
1. Proposed Use or Development of the Land: conversion of house into
professional offices
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.
.,.i"'';''C, For other Zoning Districts, such plans or other exhibits would be helpful
to the review of this application.
Plans and Exhibits submitted
"*,.-...".,,, Ploc Plan~; Building Plan _____; Development Plan _____ ; Sketch
----- ;
Photographs _____; Other Text (specify)
2. State briefly how the proposed zoning and development relates to the existinf
and probably future land use character of the vicinity.
The increased intensity of Avery Road and the planned expansion of this road
have caused this lot to no longer be suitable for residential use. A low in-
tensity office use will be cc::mpatible with the City's expectations for deve-
lopment in the area,
J Page 2 of 4
-
"-...~,.,~.....~:~"",- "" I'~~'.__",M-'_.__"".~_~_~ -~~""_. -~,~~~.'"
>._..___~.""_".,,....,.i.. ,,,,"c."
J. lias an application for rezoning of the property been denied by the City
Council within the last two (2) years?
YES
NO x
If Yes, state the basis of reconsideration
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) Christopher Cline, attorney for applicants
being duly sworn, depose and say that I am/we are the owner(s)/lessee(s) of being
duly sworn, depose and say that I am/we are the owner(s)/lessee(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.
C~-{j~ o~
(s gnature
Christopher T. Cline
Attorney at law
37 W. Bridge Street
Dublin, Ohio 4301 7
~""" (Mailing address)
614-766-0425
614-766-5797 (fax)
~.-'h'lll (Phone)
Subscribed and sworn to before me this ;2 711 day of hz;-JkA,ey , 19.96
/?' . r:;l
THOMAS G, CLINE ~t~
NOT ARY PUBLIC, ST ATE OF OHIO
MY COMMISSION EXPIRES AUGUST 31,l1l97 (notary Public)
Person to be contacted for details, if other than above signatory:
(Name (Address) (Telephone)
- - - - - - - - - - - - - - - rDo not write below this-line)- - - - - - - - - - -- - -
D. RECORD OF ACTION
1. Withdrawn lIeld to
(Date) (Date)
2. P&Z C: Date of Hearing
i Approved Disapproved Modified
3. City Council: Date of Hearing
Approved Disapproved Modified
p;:::4.,....O -' rd' t1
- ,
'...---'-- ~.~.~.,.~--..~,~-,,~,--~._..__._-~., - -.--._~--- ~----'--'-"-"'- ---'."-"~----
^
The applicant/owner hereby acknowledges that approval of (his) (her) (its)
request for rezoning by the Dublin Planning and
Zoning Commission hnd/or Dublin City Council does not constitute a guarantee
or binding co~nitment 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. 1I00,ever, 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.
2/27/96 sQ~h~i,~~thO'h'd
Date
representative thereof.
On behalf of:
James and Cheryl Frazier
Applican t
. ,.,.....
-
I Page 4 of 4
-
~^",'~ -^'~' ~,~--,- . -' ',._-,~,.=.- ". ~ , j
,
.
EXHIBIT A
LEGAL DESCRIPTION
Situated in the State of Ohio, County of Franklin, and City of Dublin, and
being described as follows:
Being a part of a tract of land conveyed to Christian H, Brown by deed
dated January 16, 1956 and of record in D,B. 1933, page 486, Recorder's
Office, Franklin Countym, Ohio, and being a part of Survey No. 3004,
Virginia Military Lands, and more particularly bounded and described as
- follows:
- Beginning at an iron pin found in the center line of Avery Road at the
southeast corner of the David K. and Hazel S, Williams tract of record in
D. B. 1623, page 3, Recorder's Office, Franklin County, Ohio, being also at
Station 33, plus 21 of the Franklin County Survey of,Avery Road; thence
along the south line of the Williams tract or the north lien of the Godfrey
Rings tract, North 81027' W~st (passing iron pin at 24,85 feet) 846.55 feet
to an iron pin at the southwest corner of the Williams tract; thence along
the east 1 i ne of the Williams tract, North 10034' East 590.45 feet to an
iron pin; thence South 80032' East (passing an iron pin at 901 feet) 922
feet to a na i 1 in the center 1 i ne of Avery Road; thence along the center
line of said road, South 9023' West 59.1 feet to a nail at an angle point
in the road; continuing along the center line of the road, South 18053'
West 523.5 feet to the place of beginning, containing 11.91 acres, more or
1 ess.
The part of the above tract being 0,8608 acres out of the northeasterly
corner of said 11.91 acres tract and described as follows:
Beginning at the northeast corner of said 11.91 acre tract, (said point of
beginning being located in the centerline of Avery Road), thence and with
the center line of Avery Road and the easterly line of said 0,8608 acre
tract, South 9023'10" West, a distance of 59,10 feet to an angle point in
the center line of Avery Road, thence and continuing with said center line
........ of Avery Road, and with the easterly line of said 0,8608 acre tract North
80030'26" West, a distance of 275.35 feet to a point marking the
._;oii southwesterly corner of said 0.8608 acre tract, thence and with the
westerly line of said 0,8608 acre tract, North 10026'35" East, a distance
of 132.52 feet to a point marking the northwesterly corner of said 0.8608
acre tract; thence and with the northerly line of said 0,8608 acre tract-
and with the northerly line of said 11.91 acre tract, South 80030'26" East,
a distnace of 285.17 feet to the point of beginning, containing 0.8608
acres, more or less.
END OF LEGAL DESCRIPTION
-
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JOSEPH w. TESTA
I FRANKLIN COUNTY AUDITOR I
MAP AREA . GISCTC DATE . MAY 24, 1995
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DISCLAIMER SCALE l' = 37.. ~
ThIs ~ap Is prepared for the real property Inventory Mlthln thIs county. It Is co~llod fro~ recorded 1IllD
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deeds, survey plats, and ather publIc records and data, Users of thIs ~ap are notIfied that the publIc GI~
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prl~ary Infar~atlan sources should be consulted for verlflcatlonof tho Infor~atlon contained on this ~ap.
Tho county and tho ~applng c~panlos assu~e no legal responsIbIlItIes for the Infor~atlon contaIned on
this ~. Please notify tho Franklin County OIS Division of any discrepancies.
GIS DIVISION
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JOSEPH w. TESTA EXHIBIT "B"
I FRANKLIN COUNTY AUDITOR I
MAP AREA . GISctc DATE . JAN 5, 1995
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This "OP Is prepared for tho roo1 proporty Invontory N1th1n this county. It Is co~p110d fro~ rocordod DIUO
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doeds. survey plots. and othor public records and data. Users of this ~op ore not1flod that the public GIS
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p~l"ory 1nfor"ot10n sources should bo consultod for vor1f1cot10nof tho 1nfor~ot1on conto1ned on this ~op.
Tho county ond tho ~opp1ng co~pan10s ossu~o no logol rosponslbllltles for tho Infor~otlon contolnod on
this ~ap. Pleoso notify tho Fronk I In County GIS Division of any dlscreponclos.
GIS DIVISION
,.....
,
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
May 16, 1996
un OF DlBLlN
5800 Shier Rings Road
_ Dublin, OH 43016.1236
1IOne/TDD: 614/7 61.6550
Fax: 614/761.6506
-
The Planning and , Zoning Commission took the following action at this meeting:
1. Rezoning Application Z96-001 - Frazier Property - 6025 A very Road
Location: 0.8608 acres of land located on the west side of Avery Road, approximately
150 feet north of Dan Sherri Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: Review and approval of a composite plan and development text under the PCD,
Planned Commerce District.
Proposed Use: Office use within an existing single-family dwelling.
Applicant: James & Cheryl Frazier, c/o Christopher Cline, Attorney, 37 West Bridge
Street, Dublin, Ohio 43017.
MOTION: To approve this composite plan and development text with the following 11
conditions:
1) That right-of-way along Avery Road be dedicated to the City, consistent with the
MS Consultants Avery Road Alignment Study;
r 2) That landscaping conform to Code;
3) That Stage 2 development be limited to a 3,000 square foot building;
.... 4) That shared access be provided with the adjacent properties when property to the
north, south, or west is redeveloped;
5) That the driveway width be increased to 16 feet;
6) That the text be revised to include a section "Miscellaneous Concerns" modeled
after the Southard text (Z93-0 14 - see attached);
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 along the Avery
Road frontage;
9) That the applicant incorporate design features when established for the A very Road
corridor, in connection with any revised development plan;
BMrmoroCOU~
H MEEllNG ON
Pa~
,....
r
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
May 16, 1996
1. Rezoning Application Z96-001 - Frazier Property - 6025 Avery Road (Cont.)
10) That ground signage be restricted to six feet in height; and
11) That the text and the site plan be revised, to staffs satisfaction, prior to scheduling ]
r" ,"
the public hearing at City Council.
* Chris Cline agreed to the above conditions.
VOTE: 5-0.
RESULT: This rezoning application was approved. It will be forwarded to City Council for
scheduling of a public hearing.
STAFF CERTIFICATION
Mary . Newcomb
Graduate Landscape Architect
~
I
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Page 2 of 2
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___ _~_'L,~___,'~~_'~h_'_~ ._",. ~_,_._~-"_....._
2-1~-{)H
So<7Jl-\A(D ~
G. Landscapinq: The landscaping shall be as shown on tpe
.1.andscape plan. All existing trees shall remain, supplemented with
new plantings as shown on the landscape plan. The parking area
shall be buffered as shown. property.perimeter requirements set
forth in section 1187.04 (a) ,(~l of'the Codified Ordinancesof'''Dublin
shall not apply, ." ' "
H. sianaae and Graphics: Any signage and graphics on the
property shall comply with the requirements of Chapter 1189 of the
~ codified Ordinances of Dublin; provided, however, no wall signs
shal~ be permitted on the property.
.i:~"i~; ~ ......
-- (I: Liqhtina: Lighting fihall.be limited to walkway accent
lightingj not exceeding three (3) feet in height; decorative post
lights."'(~esidential in character) and security lighting affixed to
the building (residential in character).
J. Fencina: N/A
K. Architectural Treatment: ~~ctures of the Building shall
constitute the architectural requirements for the Property. No
building additions shall be permitted onto the building except that
the front porch may be enclosed with glass.
* L. Miscellaneous Concerns: The Applicant agrees to the
following in connection with this plan:
1, 'fhe Applicant will deed to the city of Dublin a
portion of the Property necessary to increase the
width of the right-of-way of Sawmill Road to a
maximum of 56 feet from the current centerU,ne of
sawmill Road.
2, The Property do~s not now have access to Bright
.",.. Road. Should the Property nave access to Bright
Road in the future, Applicant s1;.::.ll work with others
.. to locate a north/south vehicular connection across
a portion of the Property.
3. Any sanitary sewer service facilities for the
Property will be approved by the City Engineer and
the Ohio EPA or other appropriate governmental
agency pri.or to issuance of the occupancy permit for
the Building.
4, utilities, landscaping, lighting and site layout are
to be designtd in accordance with city standards.
5, Applicant will preserve existing trees on the
Property.
2
Rezoning Application
Z96-001
Frazier Property
...... 6075 Avery Road
-
ZI3J ' DIY
:xJOT-HAR.D TEXt
6. Applicant agrees not to substantially alt~r the
Building other than as submitted, and to maintain
a subdued building exterior.
7, Applicant agrees to work wit'll surrounding property
owners on a common dev~lopment plan, if one is
proposed.
8. hpplicant agrees that it the Property is developed
pursuant to a different plan utilizing additional ...
buildings, the current Building will be removed.
......
Date: /I(d.~/r~ ~~p~
rronald T. Plank, Attorney for
steve and M. Martha Southard
...
....
3
Rezoning Application
Z96-001
Frazier Property
602') A very Road ...
Dublin Planning and Zoning Commission
Staff Report - May 16, 1996
Page 3
0 The development text states that landscaping will conform to code. A perimeter buffer
will be required adjacent to the residential properties on the north, west, and south. Street
trees will be required along Avery Road.
0 The site is located within Subarea 10 - Residential Use, of the Southwest Area Plan
(SWAP). This subarea is slated for residential development with an overall gross density
of 2.75 units per acre. According to the SWAP, the A very Road corridor is to become
a mixed use district, and creating a continuous commercial strip is to be avoided,
...... 0 In the future, Avery Road is expected to carry 37,000 to 44,000 vehicles per day (between
Tuttle Crossing extended and U.S. 33/S.R. 161) based on the 1993 traffic analysis
..... performed for the SWAP. Avery Road is the subject of a preliminary alignment study
being prepared by MS Consultants. Staff is working on a boulevard design with a
landscaped median and up to three lanes in each direction with double left turn lanes at
intersections. A median would restrict access to many parcels, including the subject site,
to right-in/right-out turning movements. A public informational meeting regarding the
findings of the corridor study will be scheduled with area residents in the near future,
0 The existing right-of-way along Avery Road is 60 feet wide. The proposed right-of-way
is 120 feet based on the SWAP and the current Thoroughfare Plan. Preliminary findings
of the MS Consultants' A very alignment study indicate a need to acquire most of the
right-of-way from the west side of Avery Road. This is due to a cemetery that is located
on the east side of A very Road and is very close to the existing pavement. It appears that
approximately 100 feet of right-of-way (from centerline) will be needed on the west side
of Avery Road. This house will be about 25 feet from the future right-of-way. Right-of-
way consistent with the Thoroughfare Plan should be dedicated by general warranty deed.
Language regarding dedication of right-of-way has been added to the text.
0 It has generally been City policy to require left-turn stacking lanes for new developments
along rural, substandard roadways such as Avery Road, Brand Road, Dublin Road, etc.
After discussion of this issue with the applicant, staff believes that some further
consideration is needed of both the proposed widening plan and the possible effect of such
- a turn lane on stacking and turning movements at Dan Sherri A venue. This will receive
further consideration prior to the meeting.
...... 0 Currently there are no utilities available to the site, and it is served by an on-site well and
septic system. The City is not planning to extend sewers to this area in the near future.
Prior to issuance of a building permit, the applicant will have to secure permission from
the Ohio EP A for the commercial use of the on-site disposal system.
0 The reuse of the house for an alternative use will have to conform with Building Code
regulations, and this will need to be resolved with the Division of Building Standards.
0 A coordinated planned district which incorporates surrounding properties is preferable to
rezoning the single parcel. It would afford the opportunity to provide some design
continuity among similar parcels, a coordinated transition, and controlled access points for
the future. The Tuttle Crossing West Master Plan provides an excellent example of a
coordinated rezoning of residential lots into a PCD. Staff strongly encourages expanding
this application to include more than one property. Currently, two residences located to
the south are for sale. An adjoining property owner has expressed interest in selling his
property for office use (refer to attached letter from Karl Crook to Christopher Cline).
......
Dublin Planning and Zoning Commission
Staff Report - May 16, 1996
Page 4
0 The lots which face on Dan Sherri A venue are not expected to be redeveloped, and this
neighborhood is expected to remain in place indefinitely. The street has a stub to the west
and may be extended farther to the west in the future. In conjunction with development
on the adjacent parcel, the Dan Sherri neighborhood could gain a totally new orientation,
to the west, rather than toward A very Road. Access to Dan Sherri A venue will have to
be explored in light of the proposed Avery Road widening.
0 The SWAP designates an eight-foot wide bikepath along the west side of Avery Road.
0 The adjoining property owners have expressed concern with any proposed lighting. Staff .,
recommends that the text be revised to clarify the permitted lighting during Stage 1. Staff R
!I
recommends that any proposed lighting on the site be residential in character and approved ..
as part of the development plan.
STAFF RECOMMENDATION:
The staff has been working with the applicant to provide a better solution, as directed by the
Commission. Similarly, the applicant has revised the text several times attempting to respond to
concerns raised by staff and the Commission. For consideration by the Commission, the staff has
prepared a list of possible conditions which might be appropriate to accompany a favorable
recommendation. These are listed below, following the bases for the staff recommendation.
Staff, however, cannot recommend approval of the rezoning as proposed. The SWAP includes
this property within a larger residential subarea. Office use may be an appropriate use for the site
as well, but staff cannot support a piecemeal approach to this re-development issue. Planned
districts are intended to permit development of land in an orderly, coordinated and comprehensive
manner consistent with accepted land planning, landscape architecture practices and engineering
principles. Staff still supports a more comprehensive rezoning that provides a transition between
business uses along A very Road and the existing and potential residential areas to the west. Such
a plan should include coordinated access controls and some unifying design considerations. Staff
is recommending disapproval of the rezoning request as submitted.
Bases: IIlIlI
:~-
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 purposes of the Planned Commerce
District to provide for imaginative design solutions and proper land use
relationships.
3) The plan does not provide for coordination and integration among several such
parcels in the immediate area into one planned district.
4) The plan does not provide for adequate controls governing building
modification/expansion or total redevelopment.
S) The architectural integrity of the A very Road Corridor is not enhanced by this
proposal.
6) The proposal would create a spot zoning.
....
~ .__._~~ ..--. "
Dublin Planning and Zoning Commission
Staff Report - May 16, 1996
Page 5
Conditions for Consideration by the Commission:
1) That right-of-way along A very Road be dedicated to the City, consistent with the
MS Consultants Avery Road Alignment Study;
2) That landscaping conform to Code;
3) That Stage 2 development be limited to a 3,000 square foot building;
4) That shared access be provided with the adjacent properties when property to the
north, south, or west is redeveloped;
".. 5) That the driveway width be increased to 16 feet;
t 6) That the text be revised to include a section "Miscellaneous Concerns" modeled
... after the Southard text (Z93-014 - see attached);
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 along the Avery
Road frontage;
9) That the applicant incorporate design features established for the A very Road
corridor;
10) That ground signage be restricted to six feet in height; and
11) That the text and the site plan be revised, to staffs satisfaction, prior to scheduling
the public hearing at City Council.
,......
!
.......
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Z96-001
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Dublin Planning and Zoning Commission
Meeting Minutes - May 16, 1996
Page 2
1. Rezoning Application Z96-00lIComposite Plan - Frazier Property - 6025 A very Road
Mary Newcomb presented this rewning application which had been tabled on May 2, 1995. The
Commission had needed time to consider the list of conditions submitted then, The staff met with
the applicant to review them as well. She said staff continues to recommend disapproval. No
slides were shown. She said this was a rewning from R-2, Limited Suburban Residential to PCD,
Planned Commerce District. Initially, an office would be installed in the existing residence of IIIIllll
1,612 square feet, and the text would permit redevelopment of the site and a larger set of offices. ~
The site is 0.86 acres located on the west side of Avery Road just north of Dan-Sherrie Avenues. wi
Ms. Newcomb said the city usually requires the installation of left turn lanes on substandard roads
such as Avery Road. This might cause interference with the Dan Sherrie intersection, and staff
suggests re-examining this issue at the time of site redevelopment.
She said the site is within Subarea 10 of the Southwest Area Plan. She said staff prepared a list
of conditions and has been working with the applicant to provide a better solution. Staff find this
to be an inadequate approach to a larger issue. While office may be appropriate, this appears to
be a misuse of a planned district, not fostering orderly, coordinated development. Staff supports
a more comprehensive plan. The potential conditions as listed in the staff report are as follows:
1) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants Avery Road Alignment Study;
2) That landscaping conform to Code;
3) That Stage 2 development be limited to a 3,000 square foot building;
4) That shared access be provided with the adjacent properties when property to the north, south,
or west is redeveloped;
5) That the driveway width be increased to 16 feet;
6) That the text be revised to include a section "Miscellaneous Concerns" modeled after the ~
Southard text (Z93-0 14 - see attached); il
7) That the applicant work with any future rezoning or redevelopment plan with adjacent F,
...
landowners;
8) That the applicant fund the construction of an eight-foot bikepath along the Avery Road
frontage;
9) That the applicant incorporate design features established for the A very Road corridor;
10) That ground signage be restricted to six feet in height; and
11) That the text and the site plan be revised, to staff's satisfaction, prior to scheduling the public
hearing at City Council.
Mr. Peplow asked if a turn lane at Dan-Sherrie Avenue is planned in the Avery Road design. Ms.
Newcomb said Dan Sherrie may line up with future Innovation Drive and be signalized. Dan
Sherrie's entrance may be reoriented westward with new development. It is not known now.
Mr. Harlan asked why Condition 3 references a maximum of 3,000 square feet. Ms. Newcomb
responded that this was suggested by the applicant, but it also reflects the size of the Whalen
Insurance building which is slightly to the north. Mr, Harian asked for a description of the Avery
..
" --.~~--'..~=~ ~_""__,__, __. . ~-__c_,,~_~ . I
Dublin Planning and Zoning Commission
Meeting Minutes - May 16, 1996
Page 3
Road design features referenced in Condition 9. Ms. Newcomb said these are not yet established,
but the hope would be that this site would add them later, at time of redevelopment.
Chris Cline, attorney for the Fraziers, said the conditions were acceptable. He said site
redevelopment was expected far in the future, and 3,000 square feet was their limitation. He said
the staging plan was based of progressive uses coupled with improved access.
"..... Mr. Ferrara asked what the lot coverage would be for a 3,000 square foot building. Mr. Cline
agreed to a maximum of 70 percent lot coverage; he said it was in the text already. Mr. Ferrara
.....,
asked about the bikepath placement. Mr. Cline said they would pay a fee based on the
construction cost of the path, and it would be installed later,
Mr. Harlan asked what the house would look like after conversion. Mr. Cline said it was not set
as yet, but there will be a commercial front door and design feature at the front door and a
handicapped ramp. He said the landscaping will also have a commercial look. The windows may
also be replaced.
Mr. Peplow said 70 percent lot coverage and the parking requirements will limit reconstruction.
Ms. Boring appreciated the 3,000 square foot cap on development. Mr. Cline said the cap raises
to 5,000 square feet at stage 3 and 4.
Mr. Harlan thought tying future development to the future Avery standards was important.
Ms. Chinnici-Zuercher asked for discussion of the conditions, especially in light of a negative staff
recommendation.
- Mr. Ferrara thought it was important that the neighbors supported this application. He said this
was a positive spot zoning. In other circumstances, he might strongly oppose such a request. Ms.
- Boring agreed and thought the staging plan would protect the neighborhood.
Mr. Peplow said the conditions seemed to address his concerns except for architecture.
Mitch Banchefsky stated that a recommendation on a rezoning application requires four votes.
Mr. Harlan made a motion to approve this rezoning application with 11 conditions:
1) That right-of-way along Avery Road be dedicated to the City, consistent with the MS
Consultants Avery Road Alignment Study;
2) That landscaping conform to Code;
3) That Stage 2 development be limited to a 3,000 square foot building;
4) That shared access be provided with the adjacent properties when property to the north, south,
or west is redeveloped;
5) That the driveway width be increased to 16 feet;
6) That the text be revised to include a section "Miscellaneous Concerns" modeled after the
....
-
Dublin Planning and Zoning Commission
Meeting Minutes - May 16, 1996
Page 4
Southard text (Z93-014 - see attached);
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 along the Avery Road
frontage;
9) That the applicant incorporate design features when established for the A very Road corridor,
in connection with any revised development plan;
10) That ground signage be restricted to six feet in height; and .,
11) That the text and the site plan be revised, to staff's satisfaction, prior to scheduling the public &
,
hearing at City Council. ..
Ms. Boring seconded. The vote was as follows: Mr. Ferrara, yes; Mr. Peplow, yes, Ms.
Chinnici-Zuercher, yes; Ms. Boring, yes; and Mr. Harlan, yes. (Approved 5-0.)
.,
~.
...
IlIlIlIII
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
May 2, 1996
CITY OF DlBLI!\
.(100 Ibit< lings load
,,'.. ~in, OH 43016-1236
ITDD:614/761-6550
.. fax: 614/761-6506
The Planning and Zoning Commission took the following action at its regular meeting:
4. Rezoning Application Z96-001 - Frazier Property - 6025 A very Road
Location: 0,8608 acres of land located on the west side of Avery Road, approximately
150 feet north of Dan Sherri Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: Review and approval of a composite plan and development text under the PCD,
Planned Commerce District.
Proposed Use: Office use within an existing single-family dwelling.
Applicant: James & Cheryl Frazier, c/o Christopher Cline, Attorney, 37 West Bridge
Street, Dublin, Ohio 43017.
MOTION: To table this rezoning application as requested by the applicant.
VOTE: 5-0.
RESULT: This rezoning application was tabled until May 16, 1996, to permit review of staff
l"'-- recommended conditions prior to Commission action.
[
- STAFF CERTIFICATION
~. w/V"\h
Mary H. Newcomb
Graduate Landscape Architect
Rezoning Applicafon
Z96-001
~ Frazier Property
1':('1"" ^ n~~" D~~...l
Dublin Planning and Zoning Commission
Meeting Minutes - May 2, 1996
Page 5
4, Composite Plan - Frazier Property - 6025 A very Road
Mary Newcomb presented this rezoning application requesting a change from R-2, Limited
Suburban Residential District, to peD, Planned Commerce District. The applicant has revised
the development text and plan since the April 4th meeting. The revised text proposes four stages
of development and permitted uses for each stage. The revised text also prohibits expansion of
the existing residence. ""
t
Staff initiated a meeting with two of the adjoining property owners to the south and north (Crook .,J
and Thatcher), to discuss their interests and possibly expand the rezoning application. The
property owners seemed interested in commercial zoning, but are concerned with the length of the
rezoning process. The applicants are not willing to expand the rezoning application at this time.
Ms. Newcomb said the subject site is located on 0.8 acres on the west side of Avery Road,
approximately 150 feet north of Dan Sherri Avenue.
The proposal includes converting the existing residence for an immediate use as an accounting
office and possible total redevelopment of the site for other SO, Suburban Office uses. The
residence is 1,600 square feet, including the garage. The proposed plan includes replacing the
existing gravel drive with a ten-foot asphalt drive. Staff would like to see the driveway widened
to at least 16 feet for safety reasons. The parking requirement, based on the size of the structure
for an office use, is seven spaces which would be located in the rear of the lot.
There is a preliminary alignment study for A very Road being done by MS Consultants.. Most of
the needed right-of-way will have to be acquired from the west due the existing cemetery located
on the east side of the road. The recently amended Thoroughfare Plan includes a right-of-way
width of 120 feet. Right-of-way would have to be dedicated as part of this proposal. .,
Staff encourages a coordinated planned district which incorporates several properties, rather than f
....
rezoning a single parcel. It would afford the opportunity to provide design continuity,.
coordinated access, and proper transitions. The Tuttle Crossing West master plan is an example
of such a plan. Staff recommends disapproval of the rezoning as proposed. Staff would like the
opportunity to continue to work with the applicant and other residents on an appropriate
coordinated solution. Staff is recommending disapproval for the following reasons:
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 purposes of the Planned Commerce District to
provide for imaginative design solutions and proper land use relationships.
3) The plan does not provide for coordination and integration among several such parcels in
the immediate area into one planned district.
4) The plan does not provide for adequate controls governing building modification/expansion
or total redevelopment.
Rezoning Application
Z96-001
Frazier Property
6025 A very Road .....
- _._<~_.-- r.'
Dublin Planning and Zoning Commission
Meeting Minutes - May 2, 1996
Page 6
5) The architectural integrity of the A very Road Corridor is not enhanced by this proposal.
6) The proposal would create a spot zoning.
Ms. Boring asked what was planned around Dan Sherri A venue. Ms. Newcomb said that the
Southwest Area Plan Subarea 10 recommends residential use with a maximum density of 2.75
dulac. Most of Avery Road is within Subarea 7, the Avery Road Special Corridor, but this is not.
".... Ms. Newcomb said staff would like to include other properties on A very Road in a rezoning. An
eventual median on A very Road will restrict access. Buffers for the residential neighbors,
.... coordinated architecture upon redevelopment, and managed access are concerns. She said the
Fraziers are not willing to delay. Ms. Boring said this application could proceed with the caveat
that they join in the coordinated effort. Ms. Boring asked when would a larger rezoning be
expected. Ms. Clarke said it could not work until the property owners are ready to do something.
She said several of the properties on A very Road are for sale. The seller to the south has only
received commercial offers but does not want to sell the house contingent on rezoning. In order
to solve that problem, he has to be involved in a rezoning. Staff thinks there is an opportunity
now to work with several owners, to do something bigger, and to solve collective problems.
Ms. Chinnici-Zuercher asked how Dublin could assist the coordinated rezoning without injuring
this applicant. Ms. Newcomb said the Tuttle Crossing West residents hired a consultant to handle
their rezoning. Ms. Newcomb said the staff met with the Avery neighbors to check their interests.
Ms. Clarke said the neighbors seemed to want non-residential zoning. Staff then contacted Mr.
Cline and asked if he could expand this application; he answered, "no. n She said Avery Road
will be Dublin's busiest street. It should not be developed with less than a fully planned-out
future. Staff does not feel rezoning less than an acre at a time makes sense.
Chris Cline, represented Jim and Cheryl Frazier. Mr. Frazier cannot afford to build a new small
........ building for his accounting office, but he purchased this existing house to convert into an office.
Mr. Cline showed the expected alignment of the widened A very Road as designed by MS
...... Consultants. Only three of the existing homes on Avery Road will remain after road widening.
The houses that will be taken by the City will not have a long-term reuse. There is no structural
reason why this house cannot be an used as office for an extended period of time.
Mr. Cline defined spot zoning was "an arbitrary and unreasonable land use that is not in accord
with the surrounding properties or not in accord with the plans for the area." He said this is not
one. Only low density office use is proposed. The site is near the Avery Road special corridor
area, and everyone acknowledges homes fronting on A very Road are not viable as residential.
Mr. Cline said they met with staff and agreed not to expand the building and put it in the text.
He said the staging was very reasonable, and right-of-way would be dedicated. He said staff
opposed the indefinite reuse of existing houses. He said the existing homes on A very Road would
have to be addressed on a case by case basis because each is individual and special.
Rezoning Application
Z96-001
...... Frazier Property
602) A verv Road
. -
Dublin Planning and Zoning Commission
Meeting Minutes - May 2, 1996
Page 7
The first stage is the reuse of the existing building. When the property reaches stage two, they
can only build a 3,000 square foot building, unless a second access to a public road was possible.
In that case, they could have more intensive uses, like medical, with higher traffic. He said the
Whalen office building is 3,000 square feet. He said Mr. Frazier has four employees. Incentives
to encourage coordination with adjoining landowners were in the text. If both properties benefit,
it will happen. Mr. Cline said the estimate is $90,000 to bring the house up to current office
requirements. He said the Frazier text would be a good model for other rezonings.
~
Mr. Rauh said two or three businesses on Sawmill Road were still operating out of houses and had
not made the changeover. Some such uses are eyesores. He did not want to see that on Avery ...
Road. It was difficult to take one acre and make it a planned development.
Mr. Cline said there was a place in Dublin for small one acre developments. He said staff only
wanted big buildings.
Mr. Rauh asked what would trigger the site being redeveloped. Mr. Cline said there was no time
line, it might be 20 years if the structure could still be utilized. Mr. Rauh said in a Planned
Commerce District the Commission was charged to do something that was attractive and
harmonious to the City. He was not sure this proposal would do that.
Mr. Ferrara said this was spot zoning. Mr. Cline disagreed.
Mr. Harlan said there were few places in Dublin where there are small offices. He said the
rezoning should be seriously considered.
Ms. Boring asked about the Crook's access. Mr. Cline said the Crooks cannot dedicate access
because their property use is unsettled at this time. He said as the intensity level rises, additional
access would be necessary and provided. Ms. Boring thought Avery Road would be developed "'III
with possible medians, widening, etc, and how will traffic be directed onto Avery Road safely. ~
Mr. Cline said it was their assumption that at some point they would have only a right turn l
....
in/right turn out with no median break. He said their 3,000 square foot building would have only
eight or nine employees. Ms. Boring said staff was trying to give vision to the future. Mr. Cline
said the text included that when a certain intensity was reached, it could not be increased until a
new access was secured. Ms. Boring asked how the building look could be coordinated if each
parcel were developed independently. Mr. Cline suggested incentives.
Mr. Rauh said the purpose of the community was to ultimately have a nice vista and planned
commercial district along the whole corridor. Rewning one entity without the other parcels is spot
zoning. The only way it would not be spot zoning would be take a group of parcels and create
its own area. He said one building on a I-acre parcel would exist longer than desirable. He could
not support this rezoning. He agreed that small businesses ought to have their own buildings.
Rezoning Applicatiorl
Z96-001
Frazier Property
6025 A verv Rmrl ....
.~.._~-~ -.--- -- ~-~.~~=
Dublin Planning and Zoning Commission
Meeting Minutes - May 2, 1996
Page 8
Ms. Chinnici-Zuercher asked why the Crooks did not want to join in this rezoning application.
Mr. Cline said it was not in the interest of the Crooks to join this rezoning. Each of the one acre
parcels should be a custom rezoning.
Jim Frazier said he was a life-long resident of Dublin who had worked over twenty years with a
Dublin firm and thought it would be nice to have his own office here.
".... Ms. Boring asked where small businesses could have their own buildings. Bobbie Clarke said
staff does not oppose small offices. She said this application permits the reuse of the structure for
... Mr. Frazier's business, but it also rezones the lot for other uses, permits total redevelopment of
the site, etc. To address long term redevelopment issues, coordination among the sites is needed.
Staff supports common building materials, themes, etc. If each parcel is zoned individually,
commonality will not be achieved. She said Dublin has relatively few small businesses largely
because the historic farms were not subdivided. Some small offices are in Old Dublin, and many
small tenant spaces are available elsewhere. There are small office buildings on Frantz Road, a
new one on Avery Road, and on Bradenton Avenue. She said Dublin does not develop uses, and
there have not been many requests for small buildings. It is a marketplace function.
earl Crook, 6017 Avery Road, said he had discussed rezoning his property with staff. He said
Dublin expected dedication of right-of-way for Avery Road and granting permanent access for the
Frazier's site at the rear of his lot. The Crooks felt it best to continue on their own later. One
neighboring house will be destroyed with the widening of Avery Road. He said areas not
bordering Dan Sherri Avenue are in the Avery Road special corridor. Mr. Crook supported the
Frazier's rezoning. He said the residents in his neighborhood could not afford to undertake a
rezoning effort. The rezoning of the area had been discussed with Dublin since 1991 and mixed
messages had been received. Their land is still residential without resolution to the situation.
- Mr. Rauh said it was dangerous to make one acre into a planned commerce site that is expected
to be homogenous with the rest of the area. He was not excited about a commercial district with
....... the appearance of a brick house. He did not think the architecture of the building would change
when it is converted. The parcel is too small to rezone with conditions the applicant is asking.
Ms. Boring appreciated staff's vision, but the new needs to blend with the old. She saw this as
a chance to protect Dan Sherri. She was concerned that if redevelopment of the parcel is delayed
for five years, the house might not be used at all, which would be good for Dublin either.
Mr. Harlan agreed with Ms. Boring regarding the Dan Sherri subdivision.
Ms. Chinnici-Zuercher said she was not as concerned about the appearance of the house. She
was concerned over not allowing a citizen to have a business located in Dublin. Ms. Chinnici-
Zuercher said this rezoning application has much merit and should not have to wait.
Mitch Banchefsky said a rezoning application requires four votes to take any positive action. Ms.
Boring asked if it could go to Council without a recommendation. Mr. Banchefsky said yes.
Rezoning Application
Z96-001
Frazier Property
...... fi02S A verv Road
."""", ,--
Dublin Planning and Zoning Commission
Meeting Minutes - May 2, 1996
Page 9
Ms. Boring said conditions should be added, concerning the driveway, etc. Ms. Clarke said the
specifics of this particular application had been considered, and a set of conditions had been
prepared by Mary Newcomb. She said the conditions had not been discussed with the applicant.
Ms. Clarke said the Commission's recommendation would be sent to Council for its action. If
approved there, any site renovation, because it is a Planned Commerce District, would require
prior Commission review. The applicant need to show conformance with the approved text. Mr.
Ferrara asked if the text in front of them would be the final text if the rezoning was approved. ~
Ms. Clarke said yes, in the absence of other conditions.
IlIIIIIli
Ms. Chinnici-Zuercher asked if the applicant and Commission wanted ten minutes to review the
recommended conditions. Mr. Cline thought he had incorporated everything asked into the text.
Ms. Boring suggested a straw vote to indicate where the process was going. Mr. Ferrara said it
could be a "concept" straw vote. He did not want to review the conditions for ten minutes tonight.
Mr. Cline said he could review the conditions now, but would follow the Commission. Ms.
Chinnici-Zuercher suggested a two-week tabling for full review of the prepared conditions.
Mr. Cline agreed to request tabling if a straw vote was favorable for his client. Results of the
straw vote, expressinggeneraI support of this rezoning, were: Mr. Harlan, yes; Mr. Ferrara, yes;
Ms. Boring, yes; Mr. Rauh, no; and Ms. Chinnici-Zuercher, yes.
Ms. Boring made the motion to table this rezoning application until May 16 and Mr. Rauh
seconded the motion. The vote was as follows: Mr. Harlan, yes; Mr. Ferrara, yes; Mr. Rauh,
yes; Ms. Chinnici-Zuercher, yes; and Ms. Boring, yes. (Tabled 5-0.)
...,
.....
Rezoning Application
Z96-001
Frazier Property
(02) A verv Road ...
. "-~~-~~~-,""._-=~--"<~.~"''''''''''' ---.-.........- m_____.. ,
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.I 0 F 0 B N
C I T y U L I
Department of Planning & Development
February 1, 1991
JIll"""
- Laura D. Byrne, Esquire
5720 Avery Road
Amlin, OH 43002
.
RE: 6035 Avery Road . .
.~
Dear Ms. Byrne:
After the recent meeting with you and your clients, Mr. and Mrs. Swope, I
presented the Swope's situation and your proposals at the Planning Division
staff meeting on January 22, 1991, This presentation included information
obtained from Bob Weisenberger, the Zpning Inspector for Washington Township,
as well as from our meeting, Our staff recently met with Mr. Weisenberger to
discuss the status and conditions of zoning permits granted to Kincaid et al.
annexation properties while they were still in unincorporated Washington
Township, including the home occupation permit held by Mr, Swope.
It was the consensus of the planning staff that the type of business Mr. Swope
operates does not complement the permitted uses of the commercial zoning
classifications within Dublin (due to its outdoor storage and/or storage
building as proposed and truck associated with the business) and therefore, a
rezqning to a straight commercial district would be difficult for staff to
,""" support. Mr. Swope wishes to operate a business to rent, sell, service and
provide outside storage for golf carts (currently for approximately 60 carts)
0n a parcel of 1.033 acres. In addition, Mr. and Mrs. Swope wish to continue
...... to live in the residence on the site, The Swope parcel is adjacent on three
sides to residential property. Any rezoning of Swope's property would
significantly impact that land, as well as other nearby properties, including
the single-family residences on Dan-Sherri Avenue. The City of Dublin is
~ommitted to providing comprehensive planning for all areas inclUding newly
annexed lands and to the extension of public services such as public water and
sewer through the area. Such public amenities are not yet available at the
Swope's property. I[preliminary plan for theJ:outhwest area does not address
the west side of the Avery Road area put indiates that a new road from the
Coffman Road Extension may connect with Avery Road just south of the swopes~
Rezoning the Swope property without formally addressing future plans for that
area around Avery Road seems premature. However, this would require both
rezoning to a commercial district and a conditional use approval for the
residence. q~<RJ
J~ {
VJJfP~ -t
Z96-001
5131 PC'srRd SUire If 105 Dublin, Ohio 43017' 6 t4 76' 6553 FAX Frazier Property
6025 A very Road
....
..
-' -.
" Laura D. Byrne, Esquire
February 1, 1991
~ Page 2
The staff also discussed the proposal to seek several variances to permit the
construction of a 2,400 square foot accessory building to enclose the golf ...
cart operation and a variance to ,the development standards for home
occupations so that the Swopes would be able to secure a home occupation ...
perini t in Dublin. It was the consensus of the planning staff that the Swope's
home occupation was contrary to the standards for home occupations in Dublin,
as well as in Washington Township. Section 1183.04 of the ~oning Ordinance is
clear about th~ purpose of regulation and limitations on home occupations, .
According to Mr. Weisenberger, the Swope property did not comply with the.
Washington Township home occupation guidelines and was the subject of several
code enforcement meetings.
Finally, the staff discussed the nature of Mr, Swope's business and concluded
that it is an industrial type of use which, as presently operated, is not
compatible with residential use of the property nor residential use of
adjacent properties. ~n alternative which might be feasible is rezoning to a
planned district. If the Swope property were part of a coordinated planned
district rezoning application including surrounding properties, with
appropriate development standards and permitted use limitations, the planning
staff would be pleased to work toward a mutually acceptable rezoning Pla~
Maintenance of single-family residency, however, could not be assured.
Review of the Swope's requests reveals the dilemma of conflicting land uses,
It appears that there is no easy or clear cut way to permit the continued use
of the residence at 6035 Avery Road on the one hand and to establish
appropriate zoning and development standards for a service business on the ,
other. It is especially difficult not to be able to accommodate their
request. I am sorry to disappoint the Swopes, but I hope that they will enjoy if
being residents of Dublin. The staff here will be happy to work with you and ....
Lhem to identify more appropriate Dublin locations for the Swope business.
Please contact me if I can be of assistance.
Very truly yours,
1J -
'~'~ i' :/')7 ~
' :l<...~~ .. ':.A-
Barbara M. Clarke
Zoning Administrator
BMC/ejr
Z96-001
Frazier Property
6025 A very Road ....
......~_.~-~"'~~~~,,,.,-_.,~---, .-
. (/:c~7) Karl A. and Randi R. Crook 03/0ql.;!
~' J-/ 0\ ,~ 6017 A very Road
Amlin, Ohio 43002
CC C' ~~ 761-9176
~
Christopher T. Cline
Attorney at Law
37 West Bridge Street
Dublin, Ohio 43017
.... reference: rezoning application for 6025 Avery Road
!
... Mr. Cline,
Pursuant to your letter to Randi of March 1st, thank you for notification of the
rezoning application for the 6025 Avery Road property that you have filed on behalf
of your clients, James A. and Cheryl Frazier. I have reviewed the documents that you
sent to our home and I believe your assessment of the reduced residential viability
for the homes fronting Avery Road is accurate. I also agree with the opinion that the
rezoning of the property to allow its use could be an effective transitional buffer for
the residences in the adjacent Dan-Sherri sub-division, The residents of Avery Road
have realized that the residential and commercial development of the area
surrounding our property is inevitable. As a property owner and resident of the land
next to the property at 6025 A very Road, I do have several concerns regarding the
rezoning petition.
In a letter to Laura D. Byrne, Attorney at Law, dated February 1, 1991, Barbara M.
Clark, City of Dublin Zoning Administrator, stated in the rejection of a rezoning
application for the property of 6035 Avery Road for use of a golf cart rental business
was rejected due to the proximity to residential property. In this letter addressing the
rezoning of one property in a residential district, Ms. Clark states "An alternative
which might be feasible is the rezoning to a planned district. If the Swope property
were part of a coordinated plan district rezoning application including surrounding
properties, with appropriate development standards and permitted use limitations,
- the planning staff would be pleased to work toward a mutually acceptable rezoning
plan."
It has been the understanding of the residents of Avery Road in the proximity of
..... the Dan-Sherri sub-division that the City of Dublin would only consider a district
plan, as is proposed in your application. This opinion was also confIrmed by Mr. Joel
Campbell, then Chairman of the Dublin Board of Planning and Zoning Appeals, in
the Spring/Summer of 1991 when the City of Dublin rezoned our neighborhood. This
rezoning was to define the zoning for the then recently annexed area of Washington
Twp. to the City of Dublin. I question the applicability of a district plan for one
property. A copy of the letter from Ms. Clark to Ms. Byrne will be enclosed for your
reference. In July of 1995, Randi and I met with Ms. Lisa Fierce, staff member of
Dublin Planning and Zoning, to ask the feeling of the staffs opinion of a Surban
Office zoning for the residences on Avery road but have received no feedback from
Ms. Fierce to date.
Concerns that I have related to the rezoning are for the quality of life for the
residents living in the vicinity of the 6025 Avery Road Property. My first and
foremost concern will be for the safety and well being of my children and the
children of the neighborhood during the construction of a driveway arid'@lfrig
(, I
MAR I 3 \q9S f. ~.~#.
L, .......--- Z96-001
r'T'.! "" Frazier Propert)
" . t ' . \-
- . .-
.....
area behind the residence. I fear that the presence of construction apparatus in
proximity to a residential area may act as an attractive nuisance. The traffic on the
driveway and parking lot related to the operation of a business in proximity to my
residence is an additional hazard to children. The parking area is planned to be
adjacent my back yard, our primary outdoor play area.
My second concern is the control of surface water run off and any change in
natural drainage caused by construction, grading, and/or paving to be done at the
6025 Avery Road property. We have had drainage problems in the past caused by
construction on Avery Road, The City of Dublin was most helpful in identifying and
resolving the storm water runoff problems caused during the original construction
and paving at the Whalen Insurance property of 6151 Avery Road. I have no wish to tIIIIlll
experience this type of trouble again.
Additional concerns should be typical for any rezoning application and ....
development plan submitted in Dublin. These concerns include the lighting and
landscaping plan for the property. Please be mindful that the two adjacent
residences have windows to living areas on elevated floors and the lighting for the
building and parking area could be a nuisance. Landscaping and any required
mounding should not cause areas of standing water that would facilitate an insect
infestation problem in the warm months. Thank you for your consideration and
attention to the concerns of the area residents.
I wish you and the Fraziers good luck with your zoning application. Randi and I are
not planning to oppose the rezoning of the property of 6026 Avery Road but I am
compelled to be aware of the consequences and vigilant for my interests and the
safety and well being of my family. In an associated matter, Randi and I do have our
home listed for sale at the present time. Our intent is to move to an area that is safer
and more suitable for a residence, Should you or the Fraziers know of someone who is
interested in purchasing the property at 6017 Avery Road for use as an office, please
feel free to contact me. My daytime phone number is (513) 642-5000, ex.2501. The real
estate agent offering the sale of our property is Greg Hart of HER. Mr. Hart's office
phone number is 878-7400.
Thank you for your consideration in these matters.
,
..",
Ene!.
cc: Thane and Stella Thatcher
Barbara M. Clarke, City of Dublin
File
Z96-001
Frazier Property
6025 A very Road
..
---~--~
, .
DUBLIN PLANNING AND ZONING COMMISSION
RECORD OF ACTION
APRIL 4, 1996
CITY OF Ot'BLI!\
,..... 5800 Shier Rings Road
Dublin, OH 43016.1236
me/TDD: 614/761.6550
....... Fax: 614/7 61.6506
The Planning and Zoning Commission took the following action at its regular meeting:
6, Rezoning Application Z96-001 - Frazier Property - 6025 A very Road
Location: 0.8608 acres of land located on the west side of Avery Road, approximately
150 feet north of Dan Sherri Avenue.
Existing Zoning: R-2, Limited Suburban Residential District.
Request: Review and approval of a composite plan and development text under the PCD,
Planned Commerce District.
Proposed Use: Office use within an existing single-family dwelling.
Applicant: James & Cheryl Frazier, c/o Christopher Cline, Attorney, 37 West Bridge
Street, Dublin, Ohio 43017.
MOTION: To table this rezoning application,
VOTE: 5-0.
,..... RESULT: This rezoning application was tabled as requested by the applicant. After lengthy
discussion, the applicant agreed to pursue with Staff other alternatives to resolve
- the issues regarding this rezoning.
STAFF CERTIFICATION
Mary . Newcomb
Graduate Landscape Architect
Z96-001
Frazier Property
...... 6025 A very Road
. ,
Dublin Planning and Zoning Commission
Meeting Minutes - April 4, 1996
Page 16
1)
2)
3)
4)
,...
."
'F
......
6. Rezoning Application Z96-00lIComposite Plan - Frazier Property - 6025 A very Road
Mary Newcomb presented this application for rezoning from R-2, Limited Suburban Residential
District, to PUD, Planned Commerce District. The site is 0.8 acres located on the west side of
Avery Road, approximately 150 feet north of Dan Sherri Avenue. A 1,612 square foot residence,
including a 500 square foot garage, exists on the site. The applicant is requesting a planned
district in order to permit office uses. The text would permit uses within the SO, Suburban Office
and Institutional District. A gravel driveway off Avery Road is the only access point to the house.
To the north and south are single-family residences and to the east, across Avery Road is
undeveloped property zoned R-I, Restricted Industrial District.
Planned districts are to provide flexibility in the standards to accomplish proper land use
relationships, take advantage of natural features, provide coordination among building types, and
to permit development of land in an orderly, coordinated, and comprehensive manner.
Ms. Newcomb said the initial use is to be an accounting office. All SO, Suburban Office and
Institutional District, including administrative business offices, hospitals, schools, and museums
are permitted as proposed. The development text would permit banks as a conditional use. Any
modifications to the structure would be subject to commission review as a future development ...
plan. The test permits expansion subject to development plan review. "
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~
...
Staff strongly believes that all expansion of the existing structure should be prohibited. The
applicant is proposing to replace the gravel drive with asphalt and to construct a parking lot of
seven spaces, which meets required by Code for an accounting office of this size. The
development text states that landscaping will conform to Code. There is a perimeter treatment
shown on the site plan that would have to be expanded because it is surrounded by residential uses
son all sides. Street trees would also be required along Avery Road.
The site is in Subarea 10, Residential Uses, in the Southwest Area Plan, a residential area with
an overall density of 2.75 du/ac. The Avery Road Corridor is to become a mixed use district.
In the future, this section of Avery Road is expected to carry 37,000-44,000 vehicles per day.
Ms. Newcomb said a preliminary alignment study is underway, and a boulevard design with three
lanes in each direction and double left-turn lanes at intersections is suggested. Ms Newcomb said
there would be a public information meeting regarding findings of the corridor study with area
residents in the near future. The Thoroughfare Plan, amended December, shows a 120-foot right-
Z96-001
Frazier Property
6025 A very Road ..
"
Dublin Planning and Zoning Commission
Meeting Minutes - April 4, 1996
Page 17
of-way. Avery Corridor Alignment Study by MS Consultants indicates the need to shift the right-
of-way to the west, due to an existing cemetery on the east side of Avery Road. The new
projected right-of-way, under the MS alignment, will be 25 feet from this house.
Ms. Newcomb said left-turn stacking lanes on roads such as Avery Road have been required by
the City so that through traffic can be maintained. Currently, there are no utilities
available or immediately planned. It is served by a on site well and septic system.
..-
A coordinated planned district which incorporates surround properties is preferable to rezoning
f_ a single parcel, such as the Tuttle Crossing West Master Plan. Staff is strongly recommending
an application for more than one property, Currently, there are at least two residences within
the vicinity that are for sale. The balance of the residential lots on Dan Sherri A venue without
Avery Road frontage are not expected to redevelop, and the residential neighborhood is expected
to remain in place indefinitely. The neighborhood could gain a totally new orientation to the west
rather than from A very Road when the next property develops.
Ms. Newcomb said three letters from neighbors were provided to the Commissioners to review.
Staff cannot recommend approval of this rezoning as proposed, SWAP includes this property
within a larger residential area. Office use may be an appropriate use for site, but Staff cannot
support piece meal development. Planned districts are intended to permit development of land in
an orderly, coordinated, and comprehensive manner, consistent with accepted land planning,
landscape architecture practices, and engineering principles. Staff would support a more
coordinated rezoning that includes surrounding properties. Staff welcomes the opportunity to
work with he applicant and other area residents on an appropriate, coordinated solution.
Staff is recommending disapproval of this rezoning application for the following reasons:
...... 1) The proposal does not conform to the land uses recommendations for this area of the
Southwest Area Plan.
2) The proposed rezoning fails to meet the purposes of the Planned Commerce District to
...... provide for imaginative design solutions and proper land use relationships.
3) The plan does not provide for coordination and integration among several such parcels in
the immediate area into one planned district.
4) The plan does not provide for adequate controls governing building modification/expansion
or total redevelopment.
5) The architectural integrity of the A very Road Corridor is not enhanced by this proposal.
6) The proposal would create a spot zoning.
Chris Cline, attorney, said Jim Frazier is an accountant in Dublin. He said the four lots fronting
along Avery Road were never part of the Dan Sherri subdivision. Mr. Cline said a major factor
influencing this application is the increasing intensity of Avery road. Only three structures that
will remain with the proposed realignment of A very Road. Mr. Cline said it would be unlikely
to get an application together with those properties and the City will have to buy them by eminent
domain.
Z96-001
Frazier Property
..... 6025 A very Road
Dublin Planning and Zoning Commission
Meeting Minutes - April 4, 1996
Page 18
Mr. Cline said in 1991, the City rezoned the Dan Sherri subdivision to R-2. This lot is not in Dan
Sherri.. That staff report stated that residential use was appropriate only in the short term. He
submitted a request for a planned district because staff requested it. His client preferred SO,
Suburban Office District, but there is no way to attach controls to that district. Staff opposes
reuse of the existing building. Mr. Cline said the applicant wants a very high quality appearance
and wants to use this property for the next 15 to 20 years.
Mr. Cline said it was not possible to build a $75,000 left turn at Avery Road for a small office IIIIIlII!
of four employees. He said they had the support of the immediate neighbors. He will discuss
removing any objectionable SO uses. They committed to use masonry and not to expand the ..
building at all. He said the City had the right to take the property by eminent domain.
In terms of the future, Mr. Cline said all they plan on using the site for is for Mr, Frazier's
accounting office, but they need to look to the future and what will be appropriate in 25 years.
Mr. Cline said a bank was a permitted use in the SO District, but a drive-thru would conditional.
Mr. Frazier said he would exceed the standards that currently exist on Avery Road.
Mr. Sutphen asked if Avery Road was to be widened south to Shier-Rings Road by the City. Mr.
Foegler said yes, but not soon. The improvements approved are at the A very Road/US 33
intersection, and signalization of the Shier-Rings Road/Avery intersection
Mr. Sutphen said the application was slightly ahead of its time. He asked if Tuttle Road would
be extended to Avery Road this year. Mr. Foegler said no.
Ms. Boring asked if the building would be reused. Mr. Cline said there would be only
architectural changes initially. Ms. Boring asked how many daily clients would visit the office.
Mr. Cline said ten per day. She asked if the City would normally have to buy the right-of-way. l
Mr. Foegler said yes. Ms. Clarke said the amount of right-of-way which would be achieved on
this site would be a very, very minor part of the area needed for A very Road.
...
Ms. Clarke cited the few other areas where single-family homes had been used for businesses.
Several are part of a more coordinated plan involving site redevelopment at a later date. In the
case of Tuttle Crossing Boulevard, a very similar situation with single-family homes of a similar
vintage, there is no interim reuse of the house. Commercial rights are tied to site redevelopment.
Ms. Boring wanted all avenues explored because it will take years for the area to commercially
develop. She liked the example of the temporary employment agency in a house on Sawmill
Road, and that cannot be expanded.
Ms. Clarke said the Bright Road Area Study indicates office is the preferred use for that site. The
adopted plan for this area, the Southwest Area Plan, largely to protect the developed Dan Sherri
neighborhood, indicates that maintaining the single-family residential character here is important.
Ms. Clarke said some patience in this case was needed. Staff would like to work with the
Z96-001
Frazier Property
6025 A very Road
....
---_..,,->,-~--<="....'~"-"" ~-,--, " .. .' --".~_.- t
. '
Dublin Planning and Zoning Commission
Meeting Minutes - April 4, 1996
Page 19
Fraziers, and other area property owners on a coordinated plan. The City just received the last
draft of the preliminary alignment study for A very Road. Staff has Ilot contacted any property
owners who will be impacted by the Avery Road alignment. Ms. Clarke said this single-family
house would stay when the realignment takes place.
Ms, Boring said these four houses would not be desirable for single-family use.
Il""'" Mr, Sutphen said Avery Road will be the short-cut to the mall. Ms. Clarke said high traffic did
not on its own indicate an area is not a good place to live. Ms. Chinnici-Zuercher said the
..... Southwest Plan was developed many years ago, and these homes were developed when Avery
Road had little traffic, She said the usage of property should adapt as the city changes.
Ms, Clarke said this should be a coordinated petition for several properties, with controlled
access, etc. This parcel is being rezoned exclusively on its own. Regarding Dan Sherri, it is
hoped that as other property to the west develops, a new street access can be provided toward that,
reorienting the subdivision.
Ms. Boring said asking these four property owners to provide one access was unreasonable. She
asked what could be done to satisfy all concerned within a reasonable time frame.
Ms. Clarke said the surrounding property owners should be contacted in order to facilitate a larger
application for rezoning.
Mr. Cline said three houses are for sale. He said a letter from R. Steven Marcus said he favors
the rezoning. Mr. Cline said this was the only parcel that will remain with access to Avery Road.
He anticipated that the other two to the south would naturally have access off Dan Sherri Avenue.
Mr. Cline said staff had a prejudice against small office buildings. He said it was not spot zoning.
~ He said retail and industrial uses are not appropriate at this location.
-- Ms. Chinnici-Zuercher said the city was interested in some uniformity in usage and appearance.
Mr. Cline said staff supports combining with the other adjoining parcels to construct larger
buildings. The residential viability of Avery Road will be destroyed with the widening.
Greg Hart, 4680 West Broad Street, Realtor, said he has the home immediately to the south listed
currently (Crook residence). He was thus far only getting calls requesting commercial zoning.
He supported the request.
Carl Crook, 6017 Avery Road, agreed that Avery Road properties could not be residential. He
thought there could be no block rezoning for these homes. He thought each should be considered
as a proposal is prepared. Many possibilities would be less conducive than the Frazier proposal.
Mr. Harlan said the area would eventually be office, not residential. He wanted the applicant to
work with Staff on the possibilities, with and without additional properties. Ms. Boring agreed.
She encouraged small businesses to stay in Dublin. She said the Commission was not prepared
Z96-001
Frazier Property
6025 A very Road
,.....
,-
Dublin Planning and Zoning Commission
Meeting Minutes - April 4, 1996
Page 20
to address conditions that are necessary. She believed the Southwest Area Plan should be upheld
to protect the residents. She encouraged Mr. Cline to work with staff on a compromise.
Mr. Cline hoped the Commission would react favorably to a reuse of the structure. He will work
with Staff. Mr. Sutphen and Ms. Chinnici-Zuercher said they could favorably consider the reuse.
Mr. Peplow said he could not guarantee a favorable reaction, but he would consider such a
revision.
.....
Ms. Chinnici-Zuercher asked Mr. Cline to talk to the other property owners to see if they wanted
to work on this at the same time. ...
Mr. Cline requested that this rezoning application be tabled.
Mr. Sutphen made the motion to table this rezoning application and Ms. Boring seconded the
motion. The vote was as follows: Ms. Chinnici-Zuercher, yes; Mr. Harlan, yes; Mr. Peplow,
yes; Ms. Boring, yes; and Mr. Sutphen, yes. (fabled 5-0.)
Ms. Chinnici-Zuercher announ that it was past 1 0' clock, and th es would be
heard on April 18, 1996:
7,
8,
The meeting ad. med at 11: 15 p. .
Respectfully submitted, ...,
1
d~~~ .....
Libby Farley,
Planning Division Secretary
Z96-001
Frazier Property
6025 A very Road
....
___~~""'_'-'"-'_"""_ _T.___~=-'~_= - ,
DUBLIN PLANNING AND ZONING COMMISSION
STAFF REPORT
May 16, 1996
\.IT) OF HI BUi\
,..... 5800 Shier Rings Rood
Dublin, OH 43016.1236
3ne/TDD: 614/761.6550
..... Fox: 614/761-6506
CASE 1: Rezoning Application Z96-00l/Composite Plan - Frazier Property - 6025 Avery
Road
APPLICANT: James and Cheryl Frazier, c/o Christopher Cline, 37 West Bridge Street, Dublin,
Ohio 43017.
REQUEST: Review and approval of a composite plan and development text under the PCD,
Planned Commerce District regulations of Section 153.058, to permit a change in
zoning from R-2, Limited Suburban Residential District to PCD, Planned
Commerce District. The requested PCD zoning would permit office and similar
uses within an existing single-family residence and site redevelopment on 0.86
acres located on the west side of Avery Road, approximately 150 feet north of Dan
Sherri Avenue.
STAFF CONTACT: Mary H. Newcomb, Graduate Landscape Architect.
UPDATE:
This case was tabled after considerable discussion on May 2, 1996, to permit the applicant and
the Commission the opportunity to review a list of proposed conditions that were distributed at
,.... the meeting. Staff met with the applicants in the past week to review the proposed conditions.
The conditions were prepared to provide assistance to Commissioners who may favor this
...... application. Staff continues to recommend disapproval of the application as submitted. This
application was discussed twice previously by the Commission. Records of action and minutes
are attached from both of those meetings.
BACKGROUND:
The Planned Commerce District was designed specifically to permit the vast majority of
development decisions to be made, for properties with strong 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 discretionary power afforded to the Commission in
other planned districts, especially the PUD.
The Planning and Zoning Commission shall have a minimum of 30 days to make its
recommendation on the rewning requested. Following a recommendation from the Commission,
-
~ ~~--~-_.~--- -_.._-"
Dublin Planning and Zoning Commission
Staff Report - May 16, 1996
Page 2
a public hearing will be held at City Council, and later a vote will be taken by Council to approve
or deny the petition. A two-thirds vote of Council will be required to overturn any
recommendation made by the Planning Commission. A rezoning ordinance becomes effective 30
days following its passage by City Council.
CONSIDERATIONS:
0 The site contains a 1,612 square foot one-story ranch design, brick single-family residence
(the attached garage is included in the square footage). Access to the site is provided by ....
a driveway onto Avery Road. The site is generally flat with some existing large trees Ai
located around the house. ....
0 The parcel is on the west side of Avery 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 land zoned RI, Restricted Industrial District, and then a cemetery. To the
north is a single-family residence zoned R-IB, Restricted Suburban Residential District
(Washington Township zoning still in effect since annexation to Dublin).
0 The purpose of planned districts is to provide flexibility in the standards to accomplish
proper land use relationships, take advantage of natural features, provide coordination
among building types, and to permit development of the land in an orderly, coordinated
and comprehensive manner.
0 The applicant is proposing to convert an existing single-family residence, including the
garage, for commercial purposes. The initial use is to be an accounting office. The
revised text (April 13, 1996) breaks development down into four stages: Stage 1 is the
reuse of the existing structure with current access and on-site utilities. Permitted uses for
Stage 1 include administrative and business offices. Stage 2 uses would be triggered by
construction of a new structure with sanitary sewer service with the current access.
Permitted uses expand those of Stage 1 and add title insurance offices and real estate
offices. Stage 3 includes an additional access and adds the professional offices in the SO,
Suburban Office and Institutional District. Stage 4 is triggered by the combination with ...
an adjoining parcel and uses include institutions such as hospitals, schools, and museums.
The revised text prohibits expansion of the existing structure beyond its present size. ....
0 The existing gravel drive is to be replaced with asphalt and extended to a seven-space
parking lot behind the building. The proposed width of the driveway is 10 feet. The
Parking Code does not specify a minimum commercial driveway width, however, a
commercial driveway needs to be designed so that vehicles entering or leaving the parking
lot will be traveling in a forward motion. Because a one-way traffic pattern cannot be
established, staff recommends that the driveway be increased to at least 16 feet in width
(the width of a standard residential driveway into a 2-car garage.) This accounting office
requires seven spaces based on one space per 250 square feet of gross floor area.
0 The City has generally discouraged the reuse of residential structures for non-residential
purpose, especially along the arterial streets. Staff believes the reuse of the home should
be restricted to an interim period. Additionally, if expansion of the business is later
undertaken, the site should be totally redeveloped by removal of the house and replacing
it with a commercial structure.
IIIII!.
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