45-91 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
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Ordinance NO'm-4-3~9lc--_mu Passed_ 19_ I
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AN ORDINANCE PROVIDING FOR A CHANGE OF
r ZONING ON A 24.8 ACRE TRACT LOCATED ON
THE WEST SIDE OF HIRTH ROAD APPROXIMATELY
, 1700 FEET SOUTH OF TUTTLE ROAD. TO BE
........ REZONED FROM: R-1B, RESTRICTED SUBURBAN
RESIDENTIAL DISTRICT (current washinqton
Township zoninq) TO: R-1, RESTRICTED
SUBURBAN RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED by the council of the City of
Dublin, state of Ohio, ~ of the elected members
concurring:
section 1. That the following described real estate (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 liB", including the list
of contiguous and affected property owners, and the
t"'- recommendations of the Planning and zoning commission, Exhibit
"C", are all incorporated into and made an official part of
"- this Ordinance and said real estate shall be developed and used
in accordance therewith.
section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
I Passed this )1lX day of ~ , 1991.
I Attest:
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EDGAR & NANCY ELFRINK EDWARD & LYNNE ODORIZZI JERRY N. WILSON
5173 OLDE DUBLIN WOODS 5393 OLDE DUBLIN WOODS 5437 OLDE DUBLIN WOODS
DUBLIN, OH 43017 DUBLIN, OH 43017 DUBLIN, OH 43017
STEVEN & PAMELA ERNST DAVID & CAROL NOVOTNY BRAD AND CAROL LAMONE
5481 OLDE DUBLIN WOODS 5525 OLDE DUBLIN WOODS 5579 OLDE DUBLIN WOODS
DUBLIN, OH 43017 DUBLIN, OH 43017 DUBLIN, OH 43017
!fII"'lf. B . AND C. SHISLER ROGER & CONNIE MILLER HUGH AND CAROL OAKLEY
.191 HIRTH ROAD 5241 HIRTH ROAD 3259 SMILEY ROAD
lUBLIN, OH 43017 DUBLIN, OH 43017 COLUMBUS, OH 43220
RONALD AND ROBERTA GRATZ JOHN AND SHARYL FLORY CHRISTOPHER HAYDOCY
5194 BETONYWOODS PL. 5200 BETONYWOOD PLACE 5193 BETONYWOOD PLACE
DUBLIN, OH 43017 DUBLIN, OH 43017 DUBLIN, OR 43017
RICHARD CLARK GEORGE & NANCY PEPLOW ROBERT AND CLAUDIA PARK
5179 BETONYWOOD PLACE 5180 RED OAK LANE 5196 RED OAK LANE
DUBLIN, OH 43017 DUBLIN, OH 43017 DUBLIN, OR 43017
JEFFREY & DEBRA DOULTON KENNETH SCHNELL ROBT. & CYNTHIA ABBROZZI
5212 RED OAK LANE 5211 RED OAK LANE 5197 RED OAK LANE
DUBLIN, OH 43017 DUBLIN, OH 43017 DUBLIN, OR 43017
RANDY & JUDITH MOBLEY i' CHARLES GENTRY *FLORENCE DOULTON, TRUST
177 RED OAK LANE . 5215 HIRTH ROAD 7407 SUNDERLANE ROAD
mBLIN, OH 43017 DUBLIN, OH 43017 WORTHINGTON, OK 43085
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~ THOMAS MCDOWELL
5742 DUBLIN RD.' RT. 3
DUBLIN, OH 43017
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C I T Y 0 F 0 U B L I N
Department of Planning & Development
RECORD OF ACTION
".. DUBLIN PLANNING AND ZONING COMMISSION
MAY 9, 1991
The Planning and Zoning commission took the following action in the rezoning application
below at its regular meeting:
8. Rezoning Application Z91-004 Dublin Woods Subdivision (Olde Dublin Woods Drive,
Betonwood Place, Red Oak Lane)
Location: +24.8 acres located on the west side of Hirth Road
approximately 1,700 feet south of Tuttle Road.
Existing Zoning: R-IB, Limited Suburban Residential District (Washington
Township zoning classification).
Request: Establishment of Dublin zoning for recently annexed land. R-l,
Restricted Suburban Residential District.
Proposed Use: Existing 19-1ot, single-family residential subdivision.
Applicant: Dublin Planning and Zoning Commission c/o Dublin Division of
Planning .
MOTION: To approve as discussed in the Staff Report.
VOTE: 7-0
RESULT: This rezoning application will be forwarded to City Council with the
recommendation of approval.
STAFF CERTIFICATION:
~~n.~
Barbara M. larke
Zoning Administrator
5131 Post Rd, Suite #105 Dub/in, Ohio 43017 614.761,6553 FAX 614.761,6566
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l\lEETING MINUTES
DUBLIN PLANNING AND ZONING COMMISSION MEETING
MA Y 9, 1991
PAGE 17
area and the higher parking requirements for a medical/dental facility, the unused parking spaces
(subject to the cross easement) were used. The building will be similar in character to the Stone
Ridge Medical Center on S.R. 161 but utilizing the stucco, cedar and stone materials called for
in the Final Development Plan, in keeping with the character of adjacent buildings (Chase Bank
and Max and Erma's restaurant). It will have a high-pitched, standing seam metal roof.
,...
Patty Wilson, representative of the School Employees Retirement Board, who owns the Metro
",-. IV building, next door to Max and Erma's, said since Max and Erma's opened, there were
parking problems with the Metro IV lot. Max and Erma's approached them about renting
parking spaces from them; Their proposal was rejected by the Retirement Board. Ms. Wilson
is concerned that because Max and Erma's is reducing their space, this means more overflow
into their lot.
Ms. Clarke said this issue was discussed when Max and Erma's first came in. She understood
that Max and Erma's approached Metro IV prior to the time the building was built to secure an
easement or rent spaces. Ms. Wilson stated that the request was since the restaurant opened.
Ms. Clarke said the issue of whether Max and Erma's could share parking with another use at
Metro Center was discussed at the time of Final Development Plan and staff supported that idea.
The Commission had problems with it. Max and Erma's now Wtnts a reduction in the required
number of parking spaces from 142 to 133. Staff has found 17-22 spaces at lunch time. Staff
recommends approval of this application. Ms. Clarke presented slides of the parking lots. Mr.
Spanner's traffic count reflected that there were plenty of parking spaces during lunch hour.
Mr. Manus made a motion to approve the Revised Final Development Plan for Max and Erma's
subject to staff comments.
.,~ Mr. Campbell seconded the motion and the vote was as follows: Ms. Stillwell, yes; Mr.
Kranstuber, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Fishman, yes; Mr. Campbell, yes; Mr.
Manus, yes. (Approved 7-0).
8. Rezoning Application Z91-004 - Dublin Woods Subdivision (Olde Dublin Woods
Drive, 8etonywood Place and Red Oak Lane)
Adore' Kurtz presented slides of the site and the staff report. Recently, the City has identified
some developed areas and subdivisions within Washington Township that were recently annexed
to the City of Dublin. These are firmly established residential neighborhoods in the R-IB
district in the Washington Township. Each one is proposed to change to a Dublin zoning district
which starf feels most closely correlates with the requirements in Washington Township. Old
Dublin Woods Drive is the main street and two cul-de-sacs which are Betonywood Place and
Red Oak Lane. The minimum lot size in R-IB is 30,000 sq. ft. Most of these lots are
considerably larger than that. These are being proposed for the R-l district in Dublin, which
has a 40,000 square foot minimum lot size. This lot contains 19 single-family lots on
approximately 25 acres. All but one of the lots has been developed as a single-family home.
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MEETING MlNUTES
DUBLIN PLANNING AND ZONING COM~MISSION MEETlNG
MA Y 9, 1991
I'AGE 18
In general, the R-IB and R-l are very similar. All of the lots appear to meet that 40,000 sq.
ft. requirement. The R-IB in Washington Township allows day care centers and community-
based facilities which are not permitted in the Dublin code. The sideyards in the Washington
Township are 8' minimum on one side with 40' total, whereas the Dublin is less stringent,
although the lots are bigger (8' on one side and 25' total). Following a recommendation for the
rezoning here, the application will be scheduled for a public hearing at the City Council meeting.
..~, Mr. Campbell asked if there is anyone, by approving this application, who does not conform?
Ms. Kurtz said it appears not.
Mr. Ed Odorizzi, 5393 Olde Dublin Woods Drive, asked if deed restrictions in a subdivision
supersede the City's restrictions in a zoning situation. Mr. Campbell said they . work in
conjunction with each other. The deed restrictions are enforceable by the adjoining property
owners which would be the other residents. The zoning is enforceable by the City. If you have
deed restrictions that are more restrictive than what the zoning would be, they would stay in
existence. The enforcement of the those would be up to the adjoining property owners, as
opposed to the City enforcing the zoning code. Mr. Odorizzi asked if by going to an R -1, can
the commercial use of property be limited? Mr. Campbell said the R-l zoning eliminates the
option for the daycare and non-residential use that is presently available in the Township's R-IB
zoning. Ms. Kurtz said that when people propose to add on to lheir present house or build a
new house, and come in for a zoning compliance, the development standards of the district must
be met. Ms. Kurtz asked Mr. Odorizzi for a copy of the deed restrictions for Dublin Woods.
She said when she disapproves plans because of deed restrictions, she notes that on the plans so
the builder will meet with his neighbors to correct the problem. Ms. Kurtz said if someone
wanted to build a structure under the current Washington Township zoning and needed a
variance, the BZA would have to interpret the Washington Township regulations.
Mr. Manus made a motion to approve the rezoning application Z91-004 subject to the comments
in the staff report. Ms. Stillwell seconded the motion and the vote was as follows: Mr.
Campbell, yes; Mr. Leffler, yes; Mr. Geese, yes; Mr. Kranstuber, yes; Mr. Fishman, yes; Ms.
Stillwell, yes; and Mr. Manus, yes.
(Approved 7-0).
9. Rezoning Application Z91-005 - Dan-Sherri Subdivision (Dan-Sherri A venue)
Ms. Kurtz presented slides of the site and presented the staff report. She said this property is
in the Washington Township R-IB district. They are proposing that it go into the R-2 district
in Dublin. When these lots were measured, it was realized that most of the lots in the Dan-
Sherri subdivision don't meet the minimum standards of 40,000 square feet. The recommended
zoning for this subdivision is R-2, which requires a minimum lot size of 20,000 square feet.
There are 12 lots within the subdivision and several single-family lots along Avery Road which
are not included in the subdivision. She said an abutting property owner and an owner of a lot
in Dan-Sherri showed her the original subdivision map tonight.
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SECTION 306' (R1-B) LIMITED' SUBURBAN RESIDENTIAL DISTRICT
~ REGULATIONS.
306.020 PERMITTED USES. Land and buildings in the
LIMITED SUBURBAN RESID~IAL DISTRICT shall be used only for the
I~ following purposes: .
306.021 Dwelling Structures. One-family dwelling
structures.
306.022 Home Occupation. Home Occupation in" association
=
with a permitted dwelling, and in accordance with the provisions
of SECTION 511. ARTICLE V.
306.023 Accessory Uses. Accessory buildings and uses in
I association with permitted buildings as specified in SECTION 512,
ARTICLE V.
." , 306.024 Public School and Parks. Public school offering
I " general educational courses and having no rooms regularly used
,.. for housing or sleeping of students, provided it occupies a lot,
or parcel of not less than five (5) acres.
.. Parks, playgrounds, and playfields open to the public
without fee.
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. 306.025 Day-Care Center or Private School. ' ~ay-care
center offering instructional classes or private school offering
general educational courses similar to those ordinarily given in
public schools, having no rooms regularly used for housing or '
. sleeping of students, provided it occupies a lot or parcel of not
less than five (5)' acres. . , " "
. '
IJ 306,~.026"Reliqious. ,Church or other place of worship ", ':"
provided it",occupies a lot' of not less than three (3) acres ,and
there is one' (1) acre or more per' one hundred (100) seats or : .
similar accommodations in the main assembly' area. " 'l"
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306(.~030 ~" CONDITIONAL OSEe The following ,uses,shall:',be, :.': .
allowed\i~~he; LIMITED~SUBURBAN RESIDEN'r~AL'''DISTRICT s1J.bj_~.q.t'~;_to), . ~ .::.:;:r~: ' \' I
. approval~,in:.accordance,with SECTION',.815',::.'AR'l'ICLE VIII.7~,) <,~ij;'; )"";;';< :: "
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306~031 Flexible Arrangement of ,Structures . Arrangement:, I
of structures', in accordance with the provisions of SEC'l'~<?N (50,6, i'"
AR'l'ICLE V. .>'::~,. .' ::":::" '. \ , ':.' ,
306.032 Community-Based Care Facilities. Placement of I
Community-Based Care Facili~ies:in accordance with Section 510,
Article V and Section 815, Article VIII.
306.040 DEVELOPMENT STANDARDS. In addition to the I
provisions of ARTICLE V, GENERAL DEVELOPMENT STANDARDS, the
following standards for arrangement and development of land and I
buildings are reqUired in the LIMITED SUBURBAN RESIDENTIAL
DISTRICT.
306.041 "Lot Area and Coverage. For each dwelling unit I
constructed as a permitted use there shall be a lot area of not
less than thirty thousand (30,000) square feet per dwelling. ~
.,
For each Permitted Use and Conditional Use the lot area I
shall be adequate to meet the sanitation requirements of the
County Board of Health and the Ohio EPA, but shall not be less I
than that prescribed for such use.
One (1) principal use shall be permitted on a lot or
parcel, and such lot or parcel shall not be covered more than I
twenty percent (20%) by structure.
306.042 Lot Width. For a one-family dwelling, there I
shall be a lot width of one hundred twenty-five (125) feet or
more at the front line of the dwelling, and such lot shall have
access to and abut on a public right-of-way for a distance of I
sixty (60) feet or more..
For Permitted Uses other than one-family dwellings, the
frontage of the lot or parcel, which shall have access..,to and I
abut on a public right-of-way, shall be not less thaa one-third
(1/3) of the average depth of the lot or parcel.
For Conditional Use, the lot width shall be adequate, as I
determined by the Board of Zoning Appeals.
306.043 Side Yard. For dwellings or associated accessory I
buildings, there shall be a 'total of side yards of forty (40) .
feet or more'with a minimum eight (8) feet on one (l),side, and
where a'side"yardis less than twenty (20) feet, no structure I
shall be constructed closer to an existing structure on an
adjoining lot or parcel than forty (40) feet.
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- For ~'a~':Condi tional Use, except dwellings and accessory"
buildings .thereto/~there',shall be side. yard on each side of, a:-'
building of twenty (20) feet or,more. ' ,-
- 306.044' Front and Rear Yards. For main buildings, there
shall be a front and a rear yard, each, of twenty percent (20%)
t or more of the lot depth, except that a rear yard of more than
fifty (50) feet shall not be required and, to the extent that
SECTIONS 504.010 and 504.011 shall impose a requirement of a
- front yard greater than imposed by this SECTION, SECTIONS 504.010
and 504.011 shall control.
306.045 Living Area. For a one-family dwelling structure
I there shall be not less than sixteen hundred (1600) square feet
of living space, calculated exclusive of garage area, breezeways,
unfinished attic space, and space more than one-half (1/2) below
grade.
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CHAPTER 1147
Restricted Suburban Residential District
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1147.01 Permitted use. 1147.02 Development standards.
CROSS REFERENCES
Designation of districts - see P. 1& Z. 1141.02(a)
Limited Suburban residential district regulations - see P. 1& Z. ell. 1149
R-3 Suburban residential district regulations - see P. 1& Z. Ch. 1151
R-4 Suburban residential district regulations - see P. 8& Z. Ch. 1153
1147.01 PERMITTED USE.
Land and buildings in the Restricted Suburban Residential District shall be used only
for the following purposes:
(a) Dwelling Structures. One-family dwelling structures.
.
(b) Home Occups tiOD. Home occupation in association with a permitted dwelling, and
in accordance with the provisions of Section 1183.04.
(e) Accessory Uses. Accessory buildings aDd uses in association with permitted
dwellings as specified in Section 1183.05, including:
Domestic servants' quarters (employed on the premises).
(d) Public School aDd Parks. Public school offering general educational courses
and having no rooms regularly used for housing or sleeping of students.
Parks, playgrounds and playfields.
(e) Private School. Private school offering general educational courses similar to
those ordinarily given in public schools and having no rooms re~rly used for
housing or sleeping of students, providing it occupies a lot of no~,less than five
acres.
(f) Religious. Church or other place of worship provided it occupies a lot of not
less than five acres. (Ord. 21-70. Passed 7-13-70.)
1147.02 DEVELOPMENT STANDARDS.
In addition to the provisions of Chapter 1183, the follOWing standards for arrangement
and development of land and buildings are required in the Restricted Slburban Residential
District.
(a) Lot Area and Coverage. For each dwelling unit there shall be a lot area not less
than 40,000 square feet per dwelling unit.
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99 Restricted Suburban Residential Otstrict 1147.0' I
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( 1) For each permitted use and coDdit1onal use the lot area shall be adequate
to meet the sanitation requirements of the County Board of Health, but shall
not be less than that prescribed for such use.
(2) One principal use shall be permitted on a lot, aDd such lot shall not be
covered more than twenty percent (20%) by structure.
(b) Lot Width. For a one-family dwelling there shall be a lot width of 150 feet or
more at the front Une of the dwell1Dg, aDd such lot shall have access to aDd abut
on a public right of way for a distance of sixty feet or more.
For a conditional use the lot width shall be adequate to meet the development
standards of the Restricted Slburban RealdenUal District.
(c) Slde Yard. For dwellingS or associated acce.sory buiJd1Dls there shall be a total
of side yards of twenty-five feet or more with a D\lnlmum of eight feet on one
side. ,
For a coDditional use, except dwellings, aDd accessory structures thereto, there
shall be a side yard on each side of a building of twenty-five feet or more.
(d) Rear Yard. For main buildingS, there shall be a rear yard of twenty percent
(20%) or more of the lot depth, except that a rear yard of more than fifty feet
shall not be required. .
(e) Maximum Heiat. No dweWng structure shall exceed thirty-five feet in height.
Maximum height for other structures shall not exceed a safe height as deter-
( mined by the Fire Chief and as reviewed aDd accepted by tbe Planning aDd
Zon1Dg Commission. (Ord. 21-70. Passed 7-13-70.)
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additional acreage, as well as some residential properties on the
west side of Avery Road.
The site also includes two single-family subdivisions (Miller
Estates and Miller Estates NO.2) and several lots on the south
side of Cara Road. All of those parcels are zoned R-1B from
Washington Township, and it is proposed to rezone them to R-2.
Following completion of an area planning study for the Avery Road
corridor, there might be alternate uses proposed for the area, as
,~ well as alternative standards. However, given the present
residential development and the existing subdivided lots, R-2 is
the most appropriate zone in the interim. Notices were sent to the
property owners involved and the contiguous property owners.
Following a recommendation here, this application will be forwarded
to the city council which will hold a public hearing on the
rezoning.
Mr. Fishman asked how much of the area is part of Dublin? Ms.
Kurtz said the two major annexations totalled a bit over 1,200
acres. He asked if the trailer park is in Dublin now? Mr. Kurtz
said yes. Mr. Bowman said the line extends up to the east side of
Amlin along Rings Road. He said in other municipalities, including
Westerville and Columbus, annexed property is automatically rezoned
into the rural district. The property owner is then given the
opportunity to apply for the zoning district of their choice.
I
Mr. Fishman asked if there is a long-term plan for the 1,200 acres?
Mr. Bowman said Avery Road will be the entryway to future
residential developmept west of Avery. The Avery Corridor and how
it affects the land on either side of it will be examined in the
planning process later this year.
Mr. Manus made a motion to approve the rezoning application Z91-006
as indicated in the staff report. Mr. Leffler seconded the motion
and the vote was as follows: Mr. Geese, yes; Mr. Fishman, yes;
Mrs. stillwell, yes; Mr. Campbell, yes; Mr. Leffler, yes; Mr.
Manus, yes. (Recommendation of approval 6-0.)
2. Rezoning Application Z91-00S (Revised) - Dan-Sherri
Subdivision and Avery Road lots
Ms. Kurtz presented the staff report and slides of the site.
The application contains the Dan-Sherri subdivision of 12 single-
family lots plus four houses on Avery Road. These four houses were
added in the revision of this rezoning application. The request is
to rezone the land from the R-1B classification from Washington
Township to the R-2 District of Dublin. All but four of these lots
have been developed as single-family residences. The development
standards provided by the R-2 Dublin code are slightly less
stringent than those of the Washington R-IB. The annexed area is
currently served by wells and on-site sewage system. The closest
water line is located at Shier-Rings Road. There are no plans, at
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Minutes of Meeting
Dublin Planning and zoning commission
June 6, 1991
Page 3
this time, to extend it to the site. staff feels that the R-2
district best reflects the current residential development and is
the most appropriate zone, at least in the short run. Following a
.~'>lc recommendation here, this will be forwarded to city council for a
public hearing and for the council's decision. Notices were sent
to the affected and contiguous property owners.
Mr. steve Marcus, residing at the corner of Dan-Sherri and Avery
Road, suggested that the motion to rezone the houses facing Avery
Road be tabled until a decision is made about the widening of Avery
Road. He referred to the petition of people representing the 1,170
feet of frontage on Avery Road who feel it should be zoned as
Suburban Office or something higher in a commercial use.
Ms. Sharon Upperman, resident of 6001 Avery Road for 30 years, said
she is opposed to the rezoning of this area to commercial.
Mr. ,Manus asked about future plans for Avery Road. Mr. Bowman said
Avery Road is a thoroughfare now and will gel busier as Dublin and
Hilliard grow. The interchange will cause very Road to be used
more. The whole are will be treated consistently, and any future
decision will be made on the basis of comprehensive planning for a
larger area. 1
Mr. Marcus said it is currently almost impossible to sell a
residence facing Avery Road as a residence. If a decision about
widening Avery Road will not be made for a year or two, a
",,,,,fit<,,,, tremendous hardship will be placed on the people trying to sell
their homes. He suggested that the properties facing Avery Road be
considered separately from the Dan-Sherri properties. Ms. Kurtz
said the rezoning does not affect the sale of the properties. The
property can be sold as an R-1B property with Washington Township
zoning that is situated in the city of Dublin or as an R-2 parcel.
Mr. Manus made a motion to approve the rezoning application Z91-005
as outlined in the staff report. Mr. Fishman seconded the motion
and the vote was as follows: Mrs. stillwell, yes; Mr. campbell,
yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Manus, yes; Mr.
Kranstuber, abstain; and Mr. Fishman, yes. (Recommendation of
approval 6-0-1.)
3. Revised Entry sign - Muirfield Village
Ms. Clarke presented the staff report and slides of the site.
There is an existing sign at the Muirfield entrance on Brand Road
which the Muirfield Association would like to replace. The new
sign will closely resemble the Glick Road entrance sign and be
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