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47-91 Ordinance _'__....____._".'...'~_,_~_~~_~_,_ T - RECORD OF ORDINANCES Dayton Legal Blank Co. Fonn No, 30043 I i Ordinance No. n_4Z__91__nn Passedu nn m_mmnuunnmm_19u i AN ORDINANCE PROVIDING FOR A CHANGE OF ~ ZONING OF A 33.2 ACRE TRACT LOCATED ON f THE EAST AND WEST SIDES OF AVERY ROAD BETWEEN THE EASTERN AND WESTERN -- EXTENSIONS OF RINGS ROAD. TO BE REZONED FROM: R-1B, RESTRICTED SUBURBAN RESIDENTIAL DISTRICT (current washington Township zoning) TO: R-2, LIMITED SUBURBAN RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORD~ED 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 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 , i~ 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 ,1la day of ~, 1991- '/ Attest: I Ii! /2.~ I '/LIltA'. I Cl k of Cou cil - II I Sponsor: Planning Division .... 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Exnth/+ It B " ~Richard Netting ~Grace Harvest Christian Church 5424 Avery Road , 6041 Rings Road P.O. Box 154 Amlin, OH 43002 Amlin, OH 43002 Leon & Linda Hoover ~Avery Road Ltd. 6166 Rings Road 5720 Avery Road Amlin, OH 43002 Amlin, OH 43002 *,"">aldo & Anna Monaco #ngelo Dallas 149 Sinclair Road 3265 McKinley Avenue ~'e'olumbus, OH 43229 Columbus, OH 43204 Edmund & Donna Krahn The Thomas' 5508 Cara ct. 5494 Cara ct. Amlin, OH 43002 Amlin, OH 43002 Dorse and Betty Wyant Charles & Sandra McCoy 5556 Avery Road 5544 Avery Road Amlin, OH 43002 Amlin, OH 43002 Richard LaBarre Herbert Fladt 5522 Avery Road 5491 Cara ct. Amlin, OH 43002 Amlin, OH 43002 Ji''''''rry and Betty Kincaid Jeffrey & Pamela Hoover 09 Cara ct. 5527 Cara ct. lin, OH 43002 Amlin, OH 43002 ~.; Timothy & Deborah smith Danny & Joan Bates 5545 Cara ct. 5540 Car a ct. Amlin, OH 43002 Amlin, OH 43002 Michael and Judy Hauser Judy Shepard 5504 Avery Road 5498 Avery Road Amlin, OH 43002 Amlin, OH 43002 st. John's Lutheran Washington Twp. Trustees 6135 Rings Road 5985 Car a Rd. Amlin, OH 43002 Amlin, OH 43002 . 1:S I'll 0. V -e 4. +v be ~ C.OVl+lq S nD* Ord117/l nee 47- q I , . ~, ._ ~ ,I ,,,,--,,~,,,,',*-"'-'.~~--"'_.- ,.-' > '~" -- ~. Iii)'" T , .."ITi?',"4.. Emerson Armstrong Ester Dicenzo 10080 Herriatt Rd. 3446 Redding Rd. Marysville, OH 43040 Columbus, OH 43221 Norma Ray Kaiser Larry & Linda Shaffer 5505 Avery Road 5527 Avery Road AInl in, OH 43002 Amlin, OH 43002 ,~'Tohn G. D'Amico Donald & Linda Stemen , ngelo J. Dallas 5555 Avery Road ,~623 Rings Road Amlin, OH 43002 Amlin, OH 43002 Gerald & Lois Humlich Chester & Kay Gunha 5526 Car a ct. 6149 Cara Rd. Amlin, OH 43002 Amlin, OH 43002 Stanley & Patricia Haas John & Debra Kunze 6129 Cara Rd. 6109 Cara Road Amlin, OH 43002 Amlin, OH 43002 ordlna f1ee. i/7-9/ Mark Long 6169 Avery Road Amlin, OH 43002 ,,,"' ~..~ r "" (, , ----- ,,,."_.'~_"w...,~,""""<,",,',_,,="=_. .......""" r..~'''illI''..,'' "f'li '-W' ';.' - " If rf CY/],h,j- C. C IT YO F DUB L IN Department of Planning & Development RECORD OF ACTION DUBLIN PLANNING AND ZONING COMMISSION ,,_ JUNE 6, 1991 The Planning and Zoning commission took the following action in the rezoning appllcation below at its regular meeting: Rezoninq Application Z91-005 (Revised) - Dan-Sherri Subdivision and Avery Road lots. Location: I14.3 acres located on the west side of Avery Road and on Dan-Sherri Avenue approximately 1,100 feet north of Woerner & Temple Road. Existing Zoning: R-1B, 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: 18 single-family lots. Applicant: Dublin Planning and Zoning commission c/o Dublin Division of Planning. KOTION: To approve this Rezoning Application Z91-005 as outlined in the Staff Report of June 6, 1991. VOTE: 6-0-1 (6-Yes; 1-Abstain) RESULT: Application recommended to city council for rezoning. STAFF CERTIFICATION: A~'t~~ Department of Development 5131 Post Rd. Suite #102 Dublin, Ohio 43017 614. 761.6553 FAX 761.6566 'H''''___'"_'/~~' iT" 'IT' IT' 1 ".., ~'._'-'-,.._..- "..~ ---,..,~,..",-_....._- ~ C I T YO F DUB L IN Department of Planning & Development .,,-, MINUTES OF MEETING ~'I!~' DUBLIN PLANNING AND ZONING COMMISSION JUNE 6, 1991 1. Rezoning Application Z91-006 (Revised) - Miller Estates, Miller Estates NO.2, and additional acreage 2. Rezoning Application Z91-005 (Revised) - Dan-Sherri SUbdivision and Avery Road lots 3. Revised Entry sign - Muirfield Village Mr. Geese called to order the meeting of the Dublin Planning and zoning commission at 7:35 p.m. Commission members present were Mr. campbell, Mr. Fishman, Mr. Geese, Mr. Leffler, Mr. Manus and Mrs. stillwell. Mr. Kranstuber arrived at 8:00 p.m. Staff members present were Terry Foegler, Patrik Bowman, steve Mack, Bobbie Clarke, Adore' Kurtz, and Mitch Banchefsky. Mr. Leffler clarified his statement for the May 9, 1991 meeting regarding the ATM identification. He said he supports ATM identification on the ATM machine only, i.e. Jeannie logos, and not on directional signs, etc. Mrs. Stillwell made a motion to approve the minutes of May 9, 1991. Mr. Leffler seconded the motion and the vote was as follows: Mr. Campbell, yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Manus, yes; Mrs. stillwell, yes. (Approved 6-0). For the first two cases, Mr. Bowman said Dublin zoning was closely matched with the washington Township zoning. If a citizen desires another zoning district, he encouraged them to reapply for a zoning district which best meets an existing or future need. 1. Rezoning Application Z91-006 (Revised) - Miller Estates, Miller Estates NO.2, and additional acreage Adore' Kurtz presented the Staff Report and slides of the site. Adore' Kurtz said this application has been expanded to include st. John's Lutheran Church, the Kaltenbach Park and some of st. John's P-t- ~~ 5131 Post Rd,Suite#102 Dub/in, Ohio 43017 614,761,6553 FAX 761,6566 eo{<.glql -'. '."_._~--,~._,,--~~---- ~ - - .. 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 development 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 Z9l-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-1B. 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 P<.f~~ _ ~~M) - -~-~, -" - ,--"-"._,~'~...." ,- ~.'._~ - .._-_.~. .-.-.,.---..'.. ~ ..,---_..,-_...~. ..',_... .. . ,- MEETING .MINUTES DUBLIN I)LANNING 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. Rczoning application Z91-006 - MilicI' Estatcs and l\tlillcl. Estates No.2 (Cara Road and Carn Court) Mr. G~ese asked if these residents were notified. Ms. Kurtz said yes. Ms. Kurtz presented slides of the site and the staff report. Ms. Kltrtz 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-ill 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)l'oposcd Amcndmcnts fOI" Lnmlscnpillg 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. . P-r:c.~ ? -~ ~/o; fq / -_._,-,",""'''<!- ....~,'~.., -.... " I C I T y 0 F 0 U B L I N Department of Planning & Development RECORD OF ACTION ,...lJr..,. 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: 10. Rezoning Application Z91-006 - Miller Estates and Miller Estates No. 2 (Cara Road and Cara Court) Location: ~10.8 acres located on the east side of Avery Road approximately 250 feet south of Rings Road. Existing Zoning: R-1B, 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 13-10t, single-family residential subdivision. Applicant: Dublin Planning and Zoning comm~ssion c/o Dublin Division of Planning. MOTION: To table this application until all residents within the subdivision and adjacent to it are notified. VOTE: 7-0 RESULT: This application was tabled. The Commission recommended that the geographical area of this application be approved. STAFF CERTIFICATION: ~ '"--}f1.~ Barbara M. Clarke Zoning Administrator 5131 Post Rd. Suite #105 Dublin, Ohio 43017 614.761,6553 FAX 6t4.761.6566 - --'._~~- ",",,.. ~-, ",-',.. .., ., ~.~. ::~ '. .,; ::~ ~. . '~,:;' ::' :::: :.:: . , }.L. '\ :.., ::';';:; ",:-. , ::.; .: "., ,.;::',:; · <~:~:.).' l" ,!: "'.'" "',:' .-:": -~~: \':'{~,/ t.,," _, ., WM..1t1~'l-;o t\ l"Ow W\ ~ h. ~ (O;! .~.~... SECTION 306' (RI-B) LIMITED SUBURBAN RESIDENTIAL. DISorRICT ~ REGULATIONS. .r.t 306. 020 PERMITTED USES. Land and buildings in the IIU LIMITED SUBURBANRESID~IAL DISTRICT shall be used only for the I ~ following purposes: . III 306.021 Dwelling Structures. One-family dwelling I~: structures. ~ 306.022 Home Occupation. Home Occupation in,. association with a permitted dwelling, and in accordance with the provisions of SECTION 511. ARTICLE V. IIJ 306.023 Accessory Uses. Accessory buildings and uses in I association with permitted buildings as specified in SECTION 512, ARTICLE V. III' . 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. . A' Parks, playgrounds, and playfields open to the public , wi thout fee. p' ~ 306.025 Day-Care Center or Private School. . 1)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. . " -, 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'(l) acre or more per'one hundred (100) seats or , similar accommodations in the main assembly. area. ' l... . ',- , . Wtt:s'h. 'UJ f? .. . -20- R-IB r~ll {a.-f}0I15 . taJ .-'-~.~- ~.~~,~ ~'-,,"--_. ~' , - -~:,.' .1 . ,. , '. , 306t;030 ~ CONDITIONAL USE. The following ,uses shall be . allowed-ilT-':the, LIMITED SUBURBAN RESIDENT...IAL'.DISTRICTSubj~ct'to . . I approval.in~accordance with SECTION 815",AR'l'ICLE VIII. ::~r,'," . ~" ," ~', ~ '~... -,'. , . '.", ..,.,', . t; ,..' , ( . 306~ 031 Flexible Arrangement of Structures. Arrangement " I of structures in accordance with the provisions of SECTION,506, ARTICLE 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 1- 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 J 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 ~ 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 than 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 (1) side, and where aside'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. " l~ I . " -21- Wo.~h.Tw P . I 1< - , B toP., u (Cl.:f-io "5 I - ~~---- -~~------....------- t ' . . t For (a>.iC~ridi tional Use, ,except dwelli~gs;.,and accessory:.': buildings,thereto'/:ithere<shall be' s.idei,yar9: ;on each, sIde of.., a ,0 , building of itwenty- (20) feet or .more. . ,.: ' .:: '~. ",""" 1 . ~;'..: :;, ':. ,;' .' I'. '" .", ',', .: .., 306. 044"~: Front and Rear"Yards'; Fo'r main buildings, . there shall be a front"and a rear yard, each, 'of' "twenty percent (20%) or more of the lot 'depth, except that a rear, yard ,of more than 1 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 j and 504.011 shall control. 306.045 Living Area. For a one-family dwelling structure there shall be not less than sixteen hundred (1600) square feet I of living space, calculated exclusive of garage area, breezeways, unfinished attic space, and space more than one-half (1/2) below grade. . \'1< ,/ ~.i~ .4 I I f.i W4~h.'n~to,., Twp I "" I R,16 V'.ett"i 1- ~'~--~--~""',-",~- . "') 100 e '"+!f of bob It i, R,-z. 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 residential 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. LaIXl 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 and Parks. Public school offering general educa t!onal 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 regu~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.) 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 protect! ve cha racter to a height of four feet, but not more than six feet. (Ord. 54-77. Passed 10-3-77. ) (',~ of bOloflV\ Q -<.. ~cfS - ..' ---~~-"--""'._',_,,---,,~,_'-",-,--~' """'..- 101 IJmited Suburban Residential District 1149.0'" ') , 1149.03 DEVELOPMENT STANDARDS. In addition to the provisions of Chapter 1183, the following standards for arrangement aDd development of land and buildings are required in the Limited &lburban 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-famUy 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 dweWngs, 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 Heillht. 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.) ":". - ) C! :.JJ t>f'Duble'", - a r'a~