126-92 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.. ...12.6....9.2. Passed.m.nn . --------- ..--- m..19.nn.
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.... AN ORDINANCE PROVIDING FOR A CHANGE OF
ZONING OF :t3.861 ACRES OF LAND LOCATED
NORTH OF POST ROAD, APPROXIMATELY 2,200
FEET EAST OF WILCOX ROAD, TO BE REZONED
FROM: PUD, PLANNED UNIT DEVELOPMENT
DISTRICT TO: R-l, RESTRICTED SUBURBAN
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED by the council of the city of
Dublin, state of Ohio, 7 of the elected members
concurring:
section 1- That the following described real estate (see
attached map marked Exhibit "A") situated in the city of
Dublin, State of Ohio, is hereby rezoned to R-1, Restricted
Suburban Residential District and shall be subject to
regulations and procedures contained in Ordinance No. 21-70
(Chapter Eleven of the Codified Ordinances) the city of Dublin
Zoning Code and amendments thereto.
section 2. That application, Exhibit "B", including the list
r- of contiguous and affected property owners, and the
i recommendations of the Planning and zoning commission, Exhibit
t "C", are all incorporated into and made an official part of
'-'" this Ordinance and said real estate shall be developed and
used in accordance therewith.
section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this / f1'h day of ~YlA/..,d/l;1/ , 1993.
~~
P - presid' g Officer
Attest:
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Clerk of Council
Sponsor: Planning Division
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CITY OF DUBLIN PLANNING AND ZONING COMMISSION
AN APPLICATION FOR AMENDMENT
OF TIlE CITY OF DUBLIN ZONING
DISTRICT MAP
(Reclassification of Land)
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Plense type or print information - Use additional sheets as necessary I
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TO THE HONORABLE PLANNING AND ZONING COMMISSION: l
The Applicant EDWIN J. & MARY O. SEGNER ~I-
(Have property in contract)
being the~~~,/lessee(s) of property locnted within the area proposed for
Creating three lots , requests that the following
described land to be placed in the R-1
.
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a. Lot(s)/Reserve(s) two lots of
1. 943 Acres plus 0.918 Acres
1""'" ,
a recorded plat, with an area of DB 3794, PGS 153 - 157 .
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 3.861 /Acres and bounded by:
C. T. Cline (specify) on the N S E@ (Circle)
Dublin Parks (specify) on the~ SEW (Circle)
Post Road (specify) on the N@ E W (Circle)
G. A. & C. Rogers (specify) on the N s(IDw (Circle)
-- d. Attached legal de5cription: YES X NO
&
ill ~ m ~ n w ~lill
· \ NOV I Q 1992 ill Page 1 of 3
L~~~
CITY OF DUBLIN '-."
il - -Ill-of: .v' ~ !,'...:1;l ,. .1r'P'1.~~
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Mnp 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
-
Ruscilli Co. 2041 Arlingate Ln. Col. Ohio
C. T. Cline 6060 Post Road Dublin, Ohio
R. M. Stewart "' 5865 Kilbannan Ct. Dublin, Ohio
Dublin Parks /
Cit~ of Dublin
G. A. & C. Rogers 5930 Post Road, Dublin, Ohio
B. ARGUMENTS FOR RECLASSIFICATION OF TilE DESCRIBED LAND
1. Proposed Use or Development of the Land: 3 home sites. one of which
already has a home on it. .
,
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 X ; Building Plan ; Development Plan X ; Sketch ;
- - --
Photographs -- ; Other (specify)
2. State briefly how the proposed zoning and development relates to the existing
and probably future land use character of the vicinity.
Land was zoned as two estate lots fronting on Post Road as part
- of the Hemingway West plan. I request rezoning to permit
a total
of three R-1 lots which will conform to other properties on the
north side of Post Road from Coffman Road to Avery Road.
Page 2 of 3 pages
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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 Ollro
COUNTY OF FRANKLIN,
.. ~Cl V\J2..(
I ( we ) O,r
being duly sworn, depose and sa 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. ~ ~ .
..~
I ./ .
1'34-0 ~ U.
(Mailing address) ~43()l1
BB~ - 51 b .3
(Phone)
Subscribed and sworn to before me this Jf) day of Y\~~- , 1988.
,
ROLLlE L. FLEEMAN ~ ~
Notary Public. State of Ohio ' ,
My Commission Expires on February 18. 1 96 (notary Public) .
Person to be contacted for details, if other than above signatory:
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(Name (Address) (Telephone)
- - - - - - - - - - - - - - - (Do ~ot 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
, '. "1,
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their
The app!Jcnnt/owner hereby nckno",ledges that opproval of (KJrS{)CJ(KOCoO (its)
request for rezoning by the Dubli."n Planning nnd
Zoning Connniss.i.on hnd/or Dublin City COllncil does not consti.tute a gunrontee
or hlnd:l.ng cOlllnd.tmcnt thnt the City of Dub1'1.n \-1ill be nble to provide essentinl
_""-servi.ces such ns \mtcr nnd sewer (aclli.ties ,~hen needed hy said npplicant.
The CHy of Dublin ,~i.tl make every effort to have these services available
os needed. 1I00~ever , the rapid gro,..th of the City of DuhJ.:in nnll Northwest
Frnnld.i.n County Iws stretched the City's cnpnclty to provi.de these serv:i.ces
to the l.imH. As such, the City of Dubli.n mny he unnble to mnke all. or pnrt
of snid [ncilities avo:L1.able to the applicant \lntil some future date.
The undersigned hereby acknowledges and understands the foregoing.
II- I/)- 9'2-- " ..
Dnte authorized
On beholf of:
SAME
AppLicDnt
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R. T. P A fRIDGE AND ASSOCIA rES
.. PROrESSIONAL SURVEYORS AND ENGINEERS
!Woo OUBUN ROM>
POWELL. OHIO <13065
FAX (61<1)-881-5038
TEL. (614)-881-5575
LEGAL DESCRIPTION OF 3.191 ACRE TRACT
Situated in the State of Ohio, COunty of Frankl in, City of COlumbus,
located in Virginia Military Survey No. 2999, and being all of a 1.807 acre
tract (Official Record 7544, G-05) and all of a 0.106, 1.240, & 0.039 acre
).~*. tracts (Deed book 3794, Pgs. 153-157), and being more particularly described
as follows:
Beginning at an iron pin found in the centerl ine of Post Road marking
the southeast corner of said 0.106 acre tract and the southwest comer of
Johnston Subdivision (Plat Book 50, Page 64);
thence North 570 17' 15" West 272.97 feet, along the centerline of Post
Road, to an iron pin found marking a point of curvature;
thence continuing along the centerline of Post Road and along the arc of
a curve to the left (A= 25022'22", Radius = 724.99 feet), whose chord bears
North 690 58' 27" West 318.44 feet, to an iron pin found marking the southwest
corner of said 1.807 acre tract and the southeast corner of a 2.607 acre tract
(Official Record 0005, A-05, Official Record 2831, 0-07 Official Record 8320,
H-04) ;
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thence North 030 24' 42" West 190.74 feet, along the west line of said
. .,
1.807 acre tract and the east line of said 2.607 acre tract, to an iron'pm
found marking the northwest corner of said 1.807 acre tract and the southwest
corner of Reserve "A" of Hemingway Village West Sec. 2 (Plat Book 63, Page
38) ;
thence the following courses and distances along the south line ofi said
Reserve "A" of Hemingway Vi 11age West Sec. 2 and the north 1 ines of. said
,#~. 1.807,0.039, 1.240, and 0.106 acre tracts:
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North 740 28' 18" East 91.80 feet to a point;
South 240 25' 48" East 75.05 feet to a point;
North 420 34' 12" East 99.05 feet to a point;
North 820 34' 12" East 72.80 feet to a point;
South 660 25' 48" East 125.00 feet to a point;
South 190 25' 48" East 75.23 feet to a point; " .
South 550 35' 45" East 155.05 feet to an iron pin found marking the
northeast corner of said 0.106 acre tracts and in the west 1 ine of said
Johnston Subdivision;
thence South 020 53' 39" East 277.39 feet, along the east line of said
0.106 acre tract and the west line of said Johnston Subdivision (passing an
iron pi n found at 240.49 feet), to the place of beginning, containing 3.191
acres more or less. Subject to all easements, restrictions, and rights-of~ay
of record.
'.'''''' Basis of Bearings from Deed Book 3794, Page 155. All Deed references are on
file at the Franklin CO. Recorder's Office. All iron pins set capped
"PATRIDGE SURVEYING". A survey of the above described tract was done by R.T.
',- Patridge and Associates in August, 1992.
982L5.DOC
12/7/92
Registered in Colorado. Indiana. KenIucky, Maryland, Ohio. PennsyMnla, Vrgini.. . West 'JJrpnla
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Dublin Planning and Zoning Commission
Staff Report - December 10, 1992
Page 20
CASE 8: Rezoning Application Z92-019 - Segner Property
APPLICANT: Mary Orr Segner and Edwin Segner, 7340 Dublin Road,
Dublin OH 43017
REQUEST: To rezone a 3.861 acre site located north of Post Road between Coffman Road and
Avery Road from PUD, Planned Unit Development, to R-1, Restricted Suburban
Residential District.
BACKGROUND:
This piece of land was part of the original rezoning for the Hemingway West Subdivision. It
is located on the north side of Post Road, approximately 2,200 feet east of Wilcox Road and is
developed with one residence. It is zoned PUD, Planned Unit Development, and contains two
estate lots with a total of 3.861 acres. Along the northern boundary Of the applicants' property
is the Indian Run Creek.
The applicant would like to create three separate lots on his property in compliance with the R-l,
Standards of the Dublin Zoning Code. In addition to rezoning the property, the applicant must
prepare the documents for a lot split of this property. This rezoning request for R-1 does not
require submission of a development plan or other documentation showing exactly how the
property is to be developed. A completed application including the legal description is needed
but no development plans or text.
The Planning and Zoning Commission shall make its recommendation on this application and
return it to City CounciL The Rezoning Ordinance will be scheduled to a public hearing and
later for the City Council vote. A two-thirds vote will be needed to override the
.,,-. recommendation of the Planning Commission.
CONSIDERATIONS:
0 The site has approximately 570 feet of frontage on Post Road. It contains a two story
single family home, that is setback approximately,60 feet from Post Road. Additionally,
the site contains two detached garages, and a 1,500 square foot structure that is being
used for boat storage.
0 There is a 30 foot building setback along Post Road.
0 To the north of the site is a park which runs along the Indian Run. This is Reserve A
of the Hemingway West Subdivision, which is located directly north of the site. To the
south, across Post Road, is the Camberlane office building which has been vacant since
construction. There are several single-family residences on large lots in the area.
0 The site is not hooked into the City water and sewage system; it maintains one private
well and septic tank. Access to Dublin water and sewer systems can be easily achieved,
all lines are in place along Post Road.
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"~""""."""""",,_.~""u..~__._~"~~>~"""
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Dublin Planning and Zoning Commission
Staff Report - December 10, 1992
Page 21
0 In 1986, the applicant straightened a section of the creek. By doing this, he has
effectively "cut off" a .079 acre triangle of land from Reserve A (park) in the
Hemingway West Subdivision. It is no longer possible to get to this tiny section of the
park without going through the applicants' property, or walking through Indian Run
Creek. The straightening was done, we believe, with the approval of the (then) Village
Engineer. The applicant would like the City to transfer this piece of land to him. No
formal action has been taken to begin this process.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning application su~t to the following conditions:
/iRo / 0 ~ 0 J-t-()
Conditions: S j
1) ~e applicant dedicate the right-of-way c;on.i.tent with the Community Plan
(6. t from centerline) along Post Road prior to obtaining lot split approval.
Bases:
1) The proposal is consistent with the residential developm~nt pattern in the area;
and \
2) The proposal is consistent with the Post Road Plan of several years ago.
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RECORD OF ACTION
DUBLIN PLANNING AND ZONING COMMISSION
DECEMBER 10, 1992
CITY OF DrBLI:\
The Planning and Zoning Commission took the following action in the application
below at its regular meeting:
8. Rezoning Application Z92-019 - Segner Property
Location: .:1:..3.861 acres located north of Post Road between Coffman and
Avery Roads.
Existing Zoning: PUD, Planned Unit Development District (Hemingway West
plan)
Reauest: R-1, Restricted Suburban Residential District.
Prooosed Use: To create three single-family lots from the two existing lots.
Aoplicant: Mary Orr Segner and Edwin Segner, 7340 Dublin Road,
Dublin OH 43017.
MOTION #1: To approve this application with the following condition:
1 ) That the applicant dedicate the right-of-way consistent with the Community
Plan (30 feet from centerline) along Post Road prior to obtaining lot split
approval.
The applicant agreed to this condition.
VOTE: 6~0
RESUL T: This application was approved. The rezoning petition will be forwarded
to City Council with a recommendation of approval. A public hearing on
this request will be conducted by City Council, and a vote will be taken
at a later date. If approved, the rezoning petition will become effective
30 days thereafter.
MOTION #2: That the City investigate the transfer of the 0.079 acre triangle of
land now located to the south of the Indian Run to Mr. Segner.
VOTE: 6-0
STAFF CERTIFICATION:
~Yvt.~
Barbara M. Clarke
Acting Planning Director
----~-
Dublin Planning and Zoning Commission
Meeting Minutes - December 10, 1992
Page 17
8. Rezoning Application Z92-019 - Segner Property
Ms. Clarke showed slides of the site and presented the Staff report. She said Mr. Segner's property is
located at the bend in Post Road. The site extends to the creek, and is approximately three acres. It is
currently zoned PUD, Planned Unit Development District, as part of the Hemingway West subdivision,
".,.....' for two estate lots. The existing single-family house has several outbuildings and includes one that is
used for boat storage. This site is separated from the homes in Hemingway West by the Indian Run.
The applicant wants to rezone the property to R-L He wants to create three, 40,000 square foot lots with
Post Road frontage. There is adequate lot width and lot depth, including the floodplain, to accomplish
this. Staff recommends approval of this rezoning application subject to the following condition:
1) That the applicant dedicate the right-of-way consistent with the Community Plan (30 feet from
centerline) along Post Road prior to obtaining lot split approval.
Staff feels that this is consistent with the surrounding area. The owner of the single-family home
immediately to the west has expressed support for this application. The owner reportedly straightened
the south fork of the Indian Run a few years back when Bruce Warner was the Engineer. This has
created a very small piece ofland (.07 acre) that is on Mr. Segner's side of the creek that actually is part
of the Hemingway west reserve for parkland. There has been talk of this being formally transferred to
Mr. Segner so that the Parks Department will not have to take the mowers through the creek to mow it
as there is no other access. This land is all floodway, is not developable, and is not included here. He
is asking for a rezoning of the land that he currently owns.
Mr. Leffler asked about the floodway map in the packet and if it is a FEMA map. Ms. Clarke said these
maps were printed by the federal government and adopted by the City of Dublin ten years ago. The first
one is the floodway map and the white area is the floodway. The grey area (floodplain) is subject to
filling. The second map is the FIRM (Flood Insurance Rate Map), and informs a lender what flood zone
applies to the land. Mr. Segner had his surveyor plot a floodway and floodway plus 20' line on the
proposed area so that Staff could verify that there would be three buildable lots resulting from this. Staff
is satisfied with this.
Mr. Ed Segner, 7340 Dublin Road, said the .07 acre used to flood with an inch of rain and looked
terrible. He straightened the creek and now with a three-inch rain there is no flooding.
Mr. Chris Cline, 6060 Post Road, said he supports this application.
Mrs. Stillwell made a motion to approve this application with the following condition:
1) That the applicant dedicate the right-of-way consistent with the Community Plan (30 feet from
centerline) along Post Road prior to obtaining lot split approval.
Mr. Leffler seconded the motion. He asked what will happen to the .07 acre. Ms. Clarke said she hopes
the applicant will continue to mow it. She said the City Manager is involved in this and is trying to find
the appropriate mechanism for its transfer of title.
1"""
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.
.
Dublin Planning and Zoning Commission
Meeting Minutes - December 10, 1992
Page 18
Mr. Manus asked if this matter should be decided by the City Law Director. Mr. Seidensticker said he
will look into it.
The vote was as follows: Mr. Campbell, yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr.
Manus, yes; and Mrs. Stillwell, yes. (Approved 6-0.)
,fi"""
Mr. Campbell made a motion that the City investigate the transfer of the 0.079 acre triangle of land now
located to the south of the Indian Run to Mr. Segner. Mr. Manus seconded the motion. The vote was
as follows: Mr. Campbell, yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Manus, yes;
and Mrs. Stillwell, yes. (Approved 6-0.)