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46-91 Ordinance _e RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 n~ ------------- I I Ordinance NO,nA6nn-n91m__ Passednnnnmm mmnnnnn un.. nmmnn19n AN ORDINANCE PROVIDING FOR A CHANGE OF ~. ZONING ON A 14.3 ACRE TRACT LOCATED ON THE WEST SIDE OF AVERY ROAD AND BOTH SIDES OF DAN-SHERRI AVENUE APPROXIMATELY .......... 1100 FEET NORTH OF WOERNER-TEMPLE ROAD. TO BE REZONED FROM: R-1B, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT (current washington Township zoning) TO: R-2, LIMITED SUBURBAN RESIDENTIAL DISTRICT. NOW, THEREFORE, BUT IT O~INED 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-2, Limited 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 of contiguous and affected property owners, and the r recommendations of the Planning and Zoning commission, Exhibit "C", are all incorporated into and made an official part of -;;.....N$''" this Ordinance and said real estate shall be developed and used in accordance therewith. section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this /f P day of , 1991. Attest: ~d~ CI rk of Co cil r ~ Sponsor: Planning Division I hnby ~;y;h i;l!!f r""';"$ cf '~'- 0 f / . 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I .......---. c..-....... ~ I I ,..,. & ,.... ... /I..If. 171-41 ............- ~~~t fA r 0&........~'7 /1/ i i f \j_fm',,____ i : Ordth a.nee.. 4 (P-q I ~ R~ :acn;nq +0 R...CL l/MI-~, ~/JDM~ .,.lft/ER.v IfIJlltD I.tfIT$ ~~-- - ",~-'-~"-~~~"~-~ . ~nl I '''1''';[ --'1'1ilij1K~'~_- rr I' Exh,b;r .Y Dennis Hutchinson Glada Baker 6363 Dan-Sherri Ave. 6351 Dan-Sherri Ave. Amlin, OH 43002 Amlin, OH 43002 Louis , Mary Longo william Hudson 6337 Dan-Sherri Ave. 6325 Dan-Sherri Ave. Amlin, OH 43002 Amlin, OH 43002 tnneth Trippel Ross , Patti DiGiorgio :70 Dan-Sherri Ave. 5356 Dan-Sherri Ave. 'Xinlin, OH 43002 Amlin, OH 43002 Richard Diamond Harold Brown 6344 Dan-Sherri Ave. 5259 Scioto Darby Creek Amlin, OH 43002 Hilliard, OH 43026 ~Marion , Juanita Trees Thone Thatcher . 227 W. Cooke Road 6045 Avery Road Columbus, OH 43214 Amlin, OH 43002 ~OddO , Anna Galli ~Alvin A. Rings 621 Marburn Dr. 5990 Avery Road Columbus, OH 43214 Amlin, OH 43002 )nald , Betty Dearth Joe Kaltenbach :90 Inghom Ave. 6328 Dan-Sherri Drive . Jlumbus, OH 43214 Amlin, OH 43002 ", Karl Crook steven Marcus 6017 Avery Road 6009 Avery Road Amlin, OH 43002 Amlin, OH 43002 -:t Avery Land Co. ~Avery Road Ltd. c/o Ron Davis 5720 Avery Road 5809 High st. SUA 210 Amlin, OH 43002 Columbus, OH 43215 ~ Alvin W. Rings Ray and Nancy Walker 6600 shier-Rings Road 6025 Avery Road Dublin, OH 43017 Amlin, Ohio 43002 *" = C'oYl+'CjUOU"S.. 0 wVj-E' v'5 /')//;/II/') n //')/1.0 LlI. _CJ / .~~- "'-,,,.-. SHARON UPPERMAN 6001 AVERY ROAD AHLIN, OR 43002 ~~' _,'_""'ft_~~~=_ -" ...~,-~,=~--~=~_.-----,-'" "------'.~ ~--~"--~---"...^~' e EXh, hit ~(C ;r C I T Y 0 F D U B L I N Department of Planning & Development RECORD OP ACTION DUBLIN PLANNING AND ZONING COMMISSION JUNE 6, 1991 The Planning and Zoning commission took the following action in the rezoning application below at its regular meeting: Rezoning Application Z91-006 (Revised) - Hiller Estates, Miller Estates No.'2 and additional acreage Location: +33.2 acres located on the east and west sides of Avery Road and between the eastern and western extensions of Rings Road. Existing Zoning: R-IB, Limited Suburban Residential District (Washington Township zoning classification). Request: Establishment of Dublin zoning for recently annexed land. R-2, Limited Suburban Residential District. Proposed Use: Existing developed area of 24 single-family lots, a church and a park. Applicant: Dublin Planning and Zoning commission c/o Dublin Division of Planning. -- MOTION: To approve this Rezoning Application Z91-006 as outlined in the Staff Report of June 6, 1991. VOTE: 6-0 RESULT: Application recommended to City council for rezoning. STAPP CERTIFICATION: ~0-,~~ Adore' P. Kurtz Department of Development 5131 Post Rd, Suite #102 Dublin, Ohio 43017 614,761,6553 FAX 761.6566 ""~"'> ~""'-- 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: 9. Rezoning Application Z91-00S Dan-Sherri Subdivision (Dan-Sherri Avenue) Location: ~8.9S acres located on the west side of Avery Road approximately 1,100 feet north of Woerner-Temple Road. Existing Zoning: R-lB, Limited Suburban Residential District (Washington Township zoning classification). Request: Establishment of Dublin zoning for recently annexed land. R-2, Limited Suburban Residential District. Proposed Use: Existing l2-lot, single-family residential subdivision. Applicant: Dublin Planning and Zoning Commission c/o Dublin Division of Planning. MOTION: ' To table this application until all residents in the subdivision and the adjacent residential lots are notified. I VOTE: 7-0 RESULT: This application was tabled. The commission recommended that the geographical area of this application be expanded. STAFF CERTIFICATION: ~121.~ Barbara M. Clarke Zoning Administrator 5131 Post Rd Suite #105 Dublin. Ohio 43017 614.761.6553 FAX 614.161,6566 ._. ---.-"" -,~--~---~> -~-'-'-"" ....~-~._- , . " . - ~ MEETING MINUTES DUBLIN PLANNING AND ZONING COMMJSSION ~MEETING MA Y 9, 1991 PAGE 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 daycare 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-l, 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 ~leir 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-Shcrri 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- Shcrri subdivision don't meellhe 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 lhe original subdivision map tonight. fT~~~S- - ~r 9 fa; I ~-~^--,-~---_.,- -- '-~~--~"-->'--~~' _~_"O'~ - MEETING MINUTES DUBLIN PLANNING AND ZONING COMMISSION l\'lEETING MAY 9, 1991 PAGE 19 The request here is to rezone to the R-2 district. Most of the lots in the Dan-Sherri subdivision have already been developed as single-family residences. The R-2 zoning classification provides the same permitted uses as the R-1B, except the childcare centers are permitted under the Washington Township code. In the R-2, there is a conditional use for home-based childcare. Development standards provided by the R-2 are slightly less stringent than the R-1B. Staff #'''' supports the proposed changes and feels this provides the residents of the Dan-Sherri subdivision more access to the development standards within the City of Dublin. Harold Brown, Lot #12 (first lot behind the north side of the street, west of Avery Road, said when the property was originally purchased by his father, Christian H. Brown, (deeded and recorded in 1958), it was deeded with restrictions that were to last for 35 years. The parcel was bought as a 9-acre parcel, not 8.95 as mentioned in the staff report. He said it should include the four front lots on Avery Road, which are not numbered from 1-9, but are numbered according to the road number of Avery Road. He asked why are the four lots and the entry road not included? Ms. Kurtz said areas which had been subdivided as a group within Washington Township which staff feels constitute an integral union of lots. Ms. Kurtz said while the lots on A very Road appear to be in the neighborhood, they are not in the subdivision. They.could, however, be included in the rezoning. Mr. Bowman said these properties are zoned in the same classification as the homes in this application and ca~ easily be included after the contiguous property owners are notified. Mr. Brown said this is lis request. Mr. Brown said there is a lot on the corner with a commercial "for sale" sign. The lot on the opposite corner has built an outbuilding, a swimming pool. He said he did not want the main entrance to be commercial. Ms. Kurtz said Steven Marcus of Lot #6, who provided a letter to the Commission, might not want to be included in this rezoning. Mr. Karl Crook, 6017 A very Road, said Mr. Marcus had his lot #6 changed to not be part of the subdivision, as well as the other three front lots. He said he, along with several other adjacent property owners, were not notified. Ms. Kurtz said she notified all of the owners within the subdivision, as were all of the abutting property owners. These addresses were verified through the Recorder's Office. Mr. Bowman said the code requires the Planning Commission to begin the proceedings to put these into Dublin zoning districts. In each case, the City might not have the property owners' consent. The City is obligated to get these properties into Dublin districts. This staff might make recommendations based upon comprehensive planning or area planning concerns. The property owner has a right to request some other zoning district. In Westerville and Columbus, the property is automatically zoned into a rural classification. Each property owner is then required to come in and request specific zoning classifications. Ms. Kurtz said the Planning Commission has the right to initiate the rezonings and then the applications go to City Council with a recommendation. Mr. Campbell suggested to match the zoning for the residential homes on Avery Road and complete the commercial properties later. P-r6~ S(q fert #\,~ ~ . ,,~....------ .---'-."--.---- .,,~ -.,-,-,-.~..~._,,--... . '- Mt:E1'ING MINUTES DUBLIN PLANNING AND ZONING COMMISSION MEETING MA Y 9, 1991 PAGE 20 Mr. Campbell made a motion to table this application in order to notify all of the people in and around the subdivision which might or might not be part of the subdivision but are presently residential. Mr. Crook said he does not intend to come back for commercial zoning. Mr. Campbell also asked that this tabled case be set at the beginning of the agenda. Mr. Manus seconded the motion and the vote was as follows: Mr. Leffler, yes; Mr. Geese, yes; Mr. Fishman, yes; Ms. Stillwell, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Manus, yes. (Tabled 7-0). 10. Rezoning application Z91-006 - Millcr Estates and Miller Estates No.2 (Cara Road and Cara Court) Mr. Geese asked if these residents were notified. Ms. Kurtz said yes. Ms. Kurtz presented slides of the site and the staff report. Ms. Kprtz said the lots on the south side of Cara Road are not in the subdivision. Mr. Manus asked if the adjacent residents received a notice. She said yes. Ms. Kurtz said this is in the R-IB zoning district in Washington Township and the City proposes that this go to the R-2 zoning district in Dublin. The site consists of two subdivisions and contains two single-family lots. They total 10.8 acres and are located on the east side of Avery Road. All of the lots have been developed as single-family residences. The area is served by on-site sewage and water systems. Several adjacent property owners were not notified. It was proposed to expand the area to include the church, more homes, etc. Ms. Stillwell made a motion to table this application. Mr. Leffler seconded the motion and the vote was as follows: Mr. Campbell, yes; Mr. Manus, yes; Mr. Kranstuber, yes; Mr. Geese, yes; Mr. Fishman, yes; Mr. Leffler, yes; Ms. Stillwell, yes. (Tabled 7-0). 11. I)roposed Amendmcnts COl' Lamlscapiug Code Ms. Kurtz said this Landscaping Code went before City Council. Mr. Geese asked if the Landscape Commission recommends these amendments. Ms. Kurtz said yes, it initiated this. . '""", ....~-~~ ~" " '~._""~~.- J1 " ,,'., L " , ,. '.-' ~~6tt;N1--\ct\ '"Tc.WW\~~~ ~ - - SECTION 306' (R1-B) LIMITED SUBURBAN RESIDENTIAL DISTRICT ~REGULATIONS . 306.020 PERMITTED USES. tandand buildings in the LIMITED SUBURBANRESID~IAL DISTRICT shall be used only for the 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, I.. ARTICLE V. . 306.024 Public School and Parks. Public school offering ~ . 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. .;<- . 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. " , . - II 306~.026,Religious. ,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. .. t.,., . " - . l.Vlti5'~. 'w P . -20- R-I B r~1u {d-fJ~J15 I) ILJ - . _'__'..>_.."."""r~~~___~~"_.. ,.:, '>.,-<.,;~)_". ,/._'.-r.."" --,. .. ,........ - , ) . . " ,. ' I. , . 306(~,030i,<: CONDITIONAL USE. The followincl.uses shaILbe.-' .. . ..-., __.'J..,.- . allowed\iIrtthe: LIMITED~'SUBURBAN RESID~,~AL"DISTRICT s\1bj_lil~.t.~~.to.<' .: .::i,:.[;':. '. " approval:. in:. accoJ;'dance. with SECTION',.81S',:r'AR'l'ICLE VIII'.;\:,; {,i'0;";;' >":.;".<',' 'I, -):1:1..("1'7. ,;",:f.J . J.Y; '.,~: !'<'(:t..~:;:;~,:..r~:: .~>~~;'.~"'':' ~J".: .'.... '.._......~ ...~. 306';031 Flexible Arrangement' of "Structures'. Arrangement ."..... ' . of structures', in accordance with the provisions of SECTION: 506, ....' ARTICLEV.,>~ ::.c.,.....:j. ,.::. . ,'~. '.~:.::,' 306'.032 Community-Based Care Facilities. Placement of I Community-Based Care Facili,!:ies;in accordance with Section 510, ~f'" 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 ~f 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'yard'is 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. ...... I ;.... ,l,' -21- w~~h.Tw P .1 1< - 'B t.l4 u Id.::f-io ~, ,. I ,_. - --,- -- ~--'-- ~----~.........---- , t' .i ~1.~ . ',-, j , . "'-, . . ~,-' ~ - i t . , . 'Foz: (a:~tCoIiditional Use, except dwelli~gs;.;_and accessory::u ' bUl.ldlngs,thereto}:;.there<shall be'side,yard;on each,sideof',a'. ' building of;:twenty'(20) feet or,more." -, ' ",. , ,~;:' ""'~" 1 ,,: ..' ::- _ ..... ,. . , A" 1- .: . ., ;.. . '. >', _ . ~.;' ._ 306.044:~'Front and Rear"Yards';Fo'r.mairi buildings, there' shall be a front" and a rear yard, each, of twenty percent (20%) J 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. "':I 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. , . ./ ~"., ,It l ,) WG~h"~c:r-foh Twp ! ", I, e...1 B V'.etiC) L -- - - -- .~, ,--~----"~--~ --"'- -~ ) 100 (!,~~ ofbub I, ~ R,-"2., CHAPTER 1149 .-. Limited Suburban Residential District "".,... 1149.01 Permitted use. 1149.03 Development standa rds. 1149.02 Conditional use. CROSS REFERENCES Designation of districts - see P. & Z. 1141.02(a) Restricted Suburban re~idential district regulations - see P. & Z. Ch. 1147 R-3 Suburban 'residential district regulations - see P. & Z. Ch. 1151 R-4 Suburban residential district regulations - see P. & Z. Ch. 1153 1149.01 PERMITTED USE. Lam and buildings in the Limited Suburban Residential Districts shall be used only for the following purposes: (a) Dwelling Structures. One-family dwelling structures. (b) Home Occupation. Home occupation in association with a permitted dwelling, and in accordance with the provisions of Section 1183.04. (c) Accessory Use. Accessory buildings and uses in association with permitted dwellings as specified in Section 1183.05. (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 aDd playfields. (e) Private School. Private school offering general educational cours~s similar to those ordinarily given in public schools and having no rooms reg.ul~r1y 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.) 1149.02 CONDITIONAL USE. The following uses shall be allowed in the Limited Suburban Residential District subject to approval in accordance with Section 1129.05. (a) Child Care. Kindergarten or child care as an accessory use of a dwelling. There shall be an outdoor play area of 200 square feet or more per child. Such play area shall be arranged in accordance with the provisions of this district for accessory uses and shall be enclosed with a chain link fence or its equivalent ) in strength and protective character to a height of four feet, but not more than six feet. (Ord. 54-77. Passed 10-3-77.) (',~ e>f bulolih ~, b_~ 1__ C. ,-_._---.-...,.""'~,,;- _....-~.- ,,- . --, "".-.-~ 101 Limited Sublrban Residential District 1149.0" 1 , 1149.03 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 Limited &1burban Residential District. - (a) Lot Area and Coverage. For each dwelling unit there shall be a lot area not less than 20,000 square feet per dwelling unit. (1) For all other permitted uses and conditional uses, the lot area shall be '\~ adequate to meet the sanitation requirements of the County Board of Health, ... but shall not be less than that prescribed for such use. (2) Only one principal'use shall be permitted on a lot. and 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 100 feet or more ,at the front line of the dwelling, and such lot shall have access to and but 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 Limited Suburban Residential District. (c) Side Yard. For dwellings or associated accessory buildings there shall be a total of side yards of twenty feet or more with a minimum of eight feet on one side. For a conditional use. except dwellings, and accessory structures thereto, there shall be a side yard on each side of a building of twenty-five feet or more. ( (d) Rear Yard. For main buildings there shall be a rear yard of twenty percent (20%) or more of tile lot depth. except that a rear yard of more than fifty feet shall not be required. (e) Maximum Hei~t. No dwelling structure shall exceed thirty-five feet in height. Maximum height for other structures shall not exceed a safe height as determined by the Fire Chief and as reviewed and accepted by the Planning and Zoning Commission. (Ord. 21-70. Passed 7-13-70.) ,~4 } ( C! ;.J~ e.f l:>ub It"", - .. a r,cr' _ ~____"_~_,- -OM . __, ~_~~"'r- " ~..~.. ~~ --- """,~,-~--- ,-- ,,--_.,-= ~~'Y------ -~-,-~~..- . . R. STEVEN MARCUS 6009 Avery Road PO Box 175 Amlint OH 43002 614/771-8989 July 15 t 1991 Dublin City Council City of Dublin 6665 Coffman Road Dublint OH 43017 Reference: Ordinance No. 46-91 Dear Council Members: The purpose of this address is to keep before the City Council and its committees the fact that a large majority of the owners whose properties face Avery Road in the area effected by Ordinance 46-91 ask that the inevitable commercial use of their properties be recognized. When this matter was considered by the Department of Planning and Development (Rezoning Application 91-005 Revised) r presented the committee with a petition signed by a majority of the landowners whose properties face Avery Road and are included in the application. The petitioners asked that their properties be zoned for Suburban Office use. r attended the committee meeting on June 6 and presented the petition from the floor. At that meeting it was announced that a study of the "Avery Corridor" would be commenced later this year. r then suggested that the properties facing Avery Road be exempted from any zoning action until completion of the study. My interpretation of that meeting is that the committee's agenda was merely to bring the zoning nomenclature of the recently annexed Washington Township properties into line with the Dublin Zoning nomenclature and that it was not prepared to deal at that time with actual changes of land use. The committee went on to adopt its motion by unanimous vote. r once again suggest that the properties facing Avery Road either be exempted from action under the proposed ordinancet or that the entire ordinance be tabled pending the Avery Road Corridor Study. R. Steven Marcus ..,., , , . '" .,- R. STEVEN MARCUS 6009 Avery Road PO Box 175 Amlin, OH 43002 614/771-8989 June 5, 1991 (Hand Delivered) .d.!;O~ City of Dublin Department of Planning & Development 5131 Post Road Dublin, OH 43017 Reference: Rezoning Application 91-005 (Revised) Greetings: In response to your notification of the referenced Zoning hearing to be held on June 6, 1991, here is a petition containing the request from six landowners holding approximately 80 acres and 1770 feet along the west side of Avery Road and north of Woerner Temple Road. Please enter the petition in the minutes of the meeting and notify each of us of any action taken in this regard. Thank you for the opportunity you haven given us to express our desires for the ultimate use of our properties. Sincerely, ~~ R. Steven Marcus P.S. My letter of May 7 which was hand delivered gave my correct mailing address. The Post Office notified me that in your recent mailing to me did not use my PO Box number and that future letters will not be delivered if they are not properly addressed. Please note this in your records. - _."-~._,~..,.,. '-'~. <-""-'-".",,~ ...... ",'~ 'mo- , . " .,- June 2, 1991 City of Dublin Department of Planning and Development 5131 Post Rd Suite *102 Dublin, OH 43017 Reference: Rezoning Application 91-005 (Revised) ~ The undersigned are home owners and land owners on the west side of Avery Road north of Woerner & Temple Road. We will be effected by the referenced rezoning application. We believe the best and inevitable use of land fronting on Avery Road will be some commercial use. We believe we will be placed in economic jeopardy if this fact is not recognized and dealt with properly during the current sessions of the Department of Planning. We believe the development of the general area and the increases in highway traffic along Avery Road are eroding the residential vatue of our properties and endangering children living along t is highway. ' Therefore, we hereby petition that the properties of the undersigned land owners be zoned for Suburban Office use at this time, and that said properties continue to be taxed according to their current use until such time as commercial building permits are sued. ~ Karl A. Crook ~ very Road 6017 Avery Road ~' PO Box 175 Amlin, OH 43002 Amlin, OH 43002 (Approx .6b acres, (Approx 1.4 acres, 130' on Avery) 130' on Avery) tHA tJf 11-( A:ftlt f fL. ;r\~ I!.A>~ bo z,1 Avtty ~. (P o;;2s:A~ ~I 01 Cf..3oo:L- ~ l,lIV, oi\ ,\{)~ DL. ~ I 8" Ac ~~~ 11 ff {{.f' . /. 1 ~ IJ (jl65 IS-/) I 6-.- ~ AfPftt~ t;.. $'0 / ~6tr ~U Av~R,1 ' ~ (jAl-I-.: ~ 534(r~3:-'13i'.4e Odd~ -5. -f~ ~ ~~lS~tir- .-." ----~ "--.__.._"--~ .- . OrJ,V\4M~ 4'5- qt 4~ - ~ I 4;. ql ~. MEMORANDUM TO: Dublin City Council Members FROM: Division of Planning SUBJECT: Rezoning of three recently annexed developed areas DATE: June 26, 1991 . . . Summarv and Action Recommended The Planning and Zoning commission is sponsoring three rezoning applications for land which was annexed from Washington Township during 1990. The Yoder and Kincaid annexations added over 1,200 acres of land to the City. Several developed neighborhoods, zoned R-1B in the Township, were included in the annexation and these three rezoning applications seek to assign the Dublin zoning classification and development standards which best represents the existing residential development. The Planning and Zoning commission has reviewed all three applications and has unanimously recommended all three for Council approval. The Planning staff also recommends the proposed rezonings and asks that all three be set for public hearing at the July 15, 1991 meeting of Council. Issues: 1. Rezoning Application Ordinance 45-91 Dublin Woods Subdivision (Olde Dublin Woods Drive, Betonywood Place and Red Oak Lane) The Dublin Woods subdivision contains 19 single-family lots on 24.8 acres and is located on the west side of Hirth Road. To the north is undeveloped land also now in Dublin and still zoned in the R-1B, Washington Township classification. To the east, south and west, the subdivision abuts land within the City of Columbus. This application proposes to rezone the , ---~ --^"_._"~.-' ,----".~_.--,,--~>-"-~ ~ - . " Dublin City Council Members June 26, 1991 Page 2 site from R-1B, Limited Suburban Residential District (Washington Township) to R-1, Restricted Suburban Residential District (Dublin). All but one of the lots have already been developed as single-family home sites. The area is served by on-site sewage and water systems. The Dublin R-1 classification provides essentially the same permitted uses as Washington Township R-1B, although day care centers and communi ty based facilities are not permitted by the Dublin Code. The development standards are the same for both districts except that the Dublin sideyard standard is an 8- foot sideyard with a total sideyard of 25 feet in place of an 8-foot sideyard with a total of 40 feet. 2. Rezoning Application Ordinance 46-91 - Dan Sherri Subdivision and Avery Road lots. The request here is to rezone the Dan-Sherri subdivision and four adjacent lots on the west side of Avery Road from R-1B, Limited Suburban Residential District (Washington Township) to R2, Limited Suburban Residential District (City of Dublin). To the north is undeveloped land in Dublin zoned R-1B (Washington Township classification) that is used for farming. To the west and south is agricultural land still within unincorporated Washington Township (zoned R-1B) . All but four of the lots have already been developed as single-family residences. The Dublin R-2 classification provides essentially the same menu of permitted uses as Washington Township's R-1B. One exception is that a child care center is a permitted use under Washington Township's code, while home- based child care is a conditional use under Dublin's code. The development standards provided by the R-2 portion of the Dublin code are slightly less stringent than those of Washington Township R-1B. A minimum eight-foot sideyard and a 40-foot combined sideyard are required in the R-1Bi Dublin requires one 8-foot sideyard and a combined sideyard of 20 feet. The R-2 zoning classification most closely approximates and reflects the existing conditions of the Dan-Sherri subdivision and adjoining lots. The R-2 classification was selected for the proposed zoning because the lots have less than the 40,000 square feet required to meet Dublin's R-1 classification. The area is currently served by wells and on-site sewage systems. The closest waterline is located at Shier-Rings Road. There are no plans at this time to extend it to this site. In order to service this area, a program to network the ~ __ _ _^"____~.._~__..__k__ " . '1'-]i!iit --,;.. . Dublin City Council Members June 26, 1991 Page 3 waterlines and to build additional tower facilities for adequate pressure is needed. Sanitary sewer service is available from the Cosgray trunk which was constructed last year just to the north of this area. .-~ There were several property owners who spoke at the Planning and zoning commission meeting against this proposal. They own property on Avery Road and would prefer office or commercial zoning. This is intended as an interim zoning; other uses may be found appropriate by an Avery Corridor Study which is upcoming. The property owners were informed that they could apply for alternate zoning, but the proposal here is merely to apply the equivalent Dublin residential zoning. 3. Rezoning Application Ordinance 47-91 - Miller Estates and Miller Estates No. 2 and additional acreage. The site consists of two adjoining single-family subdivisions (Miller Estates and Miller Estates No.2), several lots on the south side of Cara Road, st. John's Lutheran Church on Rings Road and Kaltenbach Park. The acreage is located on the east and west sides of Avery Road, between the eastern extension and the western extension of Rings Road. The request here is to rezone the parcels from the R-1B, Limited Suburban Residential (Washington Township) zoning classification. The site is bounded by Rings Road on the north and on the east by large lot single-family homes fronting on Rings Road. To the south area few single-family homes and large parcels which are mostly in agricultural use. Behind the lots on the west side of Avery Road are several undeveloped parcels of single-family size and a 19-acre undeveloped parcel. All are zoned R-1B in Washington Township. As with the previous application, the change proposed is from Washington Township's R-1B to Dublin's R-2 district. The Dublin R-2 zoning District provides essentially the same menu of permitted uses as Washington Township's R-1B except that child care centers are permitted uses under Washington Township's code, while home-based child care is a conditional use under Dublin's code. The development standards provided by the R-2 portion of the Dublin code are slightly less stringent than those of Washington Township R-1B. A minimum eight-foot sideyard and a 40-foot combined sideyard are required in the R-1B; Dublin requires an eight-foot sideyard and a combined sideyard of 20 feet. The area is served by wells and on-site sewage systems. Water service is located at Shier-Rings Road. There are no plans currently to extend water to this site. The area will require a program to -, ,","-,.-_.-__.-.,--~~"~------.~ ---~~"'"'._--''-~'--~ ~ r Dublin City Council Members June 26, 1991 Page 4 network the lines and to construct additional tower facilities to provide adequate pressure. Sani tary sewer service for this portion of the tributary area is not possible until an additional Cramer Creek trunk line is built from Frantz Road to Dublin Road. Considerations: 1. The zoning code specifically provides in 1121.03{d) that "as soon as practicable after the annexation of territory to the Municipality, proceedings shall be instituted by the Planning and Zoning Commission to include the annexed territory in one or more of the zoning districts defined in the Zoning Ordinance." 2. All of the affected property owners, as well as owners of adjacent property were notified prior to the consideration of these applications by the Planning and Zoning Commission. Several attended the P&Z meetings. 3. The Division of Planning in cooperation with the Planning and zoning Commission intends to undertake the rezoning of all of the territory included in the Yoder and Kincaid annexations over the next several years. 4. A planning study of the Avery Road Corridor is about to begin which may make findings and recommendations for alternate uses and development standards along Avery Road. The proposed rezonings of the Avery Road lots abutting the Dan-Sherri subdivision and the Avery Road lots near Miller Estates does not preclude a later rezoning application for the Avery Road Corridor. Conclusions: To better provide for the protection of the full complement of the Dublin Zoning Code, these rezoning applications should be approved.