HomeMy WebLinkAboutOrdinance 101-14RECORD OF ORDINANCES
Day- L.ep Blank, Inc Fofm
Ordinance No. Passed-, 20 _
REZONING APPROXIMATELY 4.91 ACRES, ON THE EAST SIDE
r OF AVERY - MUIRFIELD DRIVE APPROXIMATELY 500 FEET
NORTH OF THE INTERSECTION WITH TARA HILL DRIVE, FROM
PUD, PLANNED UNIT DEVELOPMENT DISTRICT (INDIAN RUN
MEADOWS COMMERCIAL) TO PUD, PLANNED UNIT
DEVELOPMENT DISTRICT (INDIAN RUN MEADOWS
COMMERCIAL REVISED) TO REVISE THE DEVELOPMENT TEXT
TO PERMIT UP TO 1,680 SQUARE FEET OF OUTDOOR PATIO
AREA IN FRONT OF AN EXISTING RESTAURANT WITHIN THE
SHOPS ON MUIRFIELD SHOPPING CENTER, AND DECLARING
AN EMERGENCY. (CASE 14- 077Z /PDP /FDP)
N W, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The following described real estate, (see attached legal
description), situated in the City of Dublin, State of Ohio, is hereby rezoned
PUD, Planned Unit Development District, and shall be subject to regulations
and procedures contained in Ordinance No. 21 -70 (Chapter 153 of the
Codified Ordinances), the City of Dublin Zoning Code and amendments
thereto.
Section 2 . The application, including the list of contiguous and affected
property owners, and the recommendations of the Planning and Zoning
Commission, are all incorporated into and made an official part of this
Ordinance and said real estate shall be developed and used in accordance
there within.
Section 3 . This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for
the further reason that the applicant's representative and the neighborhood
representative have requested emergency action so that the ordinance is
effective before the winter season. This ordinance shall therefore be effective
upon passage.
Passed this k3l� day of 01�:`O 63fY , 2014.
r - Presiding Office
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, 01-143017-1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: October 9, 2014
Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning
Claudia D. Husak, AICP, Planner II
Memo
Re: Ordinance 101 -14 - Rezoning approximately 4.91 acres, on the east side of
Avery- Muirfield Drive approximately 500 feet north of the intersection with
Tara Hill Drive, from PUD, Planned Unit Development District (Indian Run
Meadows Commercial) to PUD, Planned Unit Development District (Indian Run
Meadows Commercial Revised) to revise the development text to permit up to
1,680 square feet of outdoor patio area in front of an existing restaurant
within the Shops on Muirfield shopping center. (Case 14- 077Z /PDP /FDP)
Summary
Ordinance 101 -14 is a request for review and approval of a rezoning with preliminary
development plan from PUD, Planned Unit Development District (Indian Run Meadows
Commercial) to PUD, Planned Unit Development District (Indian Run Meadows Commercial
Revised) to revise the development text to permit up to 1,680 square feet of outdoor patio area
in front of an existing restaurant within the Shops on Muirfield (formerly known as Shoppes at
Athenry) shopping center.
Background
Several applications for the approval of a patio for this tenant space have been submitted since
2000. The previous restaurant tenant, Mary Kelley's, received approval of Ordinance 35 -12 on
May 21, 2012, which permitted the use of the patio space in front of their tenant space. Mary
Kelley's ceased operations in August of 2013. Shade on Muirfield opened for business in the
spring of 2014. The current proposal was filed on July 25, 2014 as a rezoning application and
received a recommendation of approval from the Planning and Zoning Commission on
September 4, 2014.
Neighborhood Contact
The applicant's representative has reported that she has been in contact with an attorney
representing some nearby residents and that they have indicated support for this application.
The leadership of the Indian Run Meadows Homeowners Association has also indicated support
in writing, as long as the patio area is limited to the front of the restaurant.
Memo re. Ord. 101 -14 Indian Run Meadows — Shade on Muirfield Patio
Rezoning /Preliminary Development Plan
October 9, 2014
Page 2 of 3
Description
The Shops on Muirfield have two buildings forming an L -shape connected by an open area
initially intended for an outdoor dining patio. The shopping center buildings are in the
northeastern portion of the site with parking in front. The center has two shared driveways
along Muirfield Drive. A service drive provides access to the service area to the rear of the
buildings. The site has 469 feet of frontage on Muirfield Drive, and the rear boundary line abuts
single - family lots on Wichita Court and Cavalry Court in the Indian Run Meadows subdivision.
Shade on Muirfield occupies approximately 7,550 square feet of the north building, immediately
adjacent to the 1,800- square -foot open area, which is not intended to be used for a patio due
to its location near residential lots.
Proposed Development Text
There are no text revisions for this proposal. However, the approval of the 2012 development
text was restricted to the restaurant operating in the tenant space at the time of the rezoning
As this is a new restaurant tenant, the 2012 text requires approval of the same language in the
development text to permit the same patio space to be used for this new restaurant, Shade on
Muirfield. As currently written, any new tenant occupying this tenant space would again have to
go through a rezoning process to use the patio, even if located in the same position and having
an identical layout.
Patio Details
Two phases are proposed for constructing the patio area. The patio space at build -out will be
1,630 square feet, divided into two sections on either side of the main entry of the restaurant
and enclosed by a 3.6 -foot tall, black aluminum fence. Ultimately, seven tables with seating for
22 in the left (west) patio and 11 tables with seating for 40 in to the right (east) patio are
proposed. Black aluminum patio chairs; three -foot square, tan- topped tables with a black base;
black box planters; and fence -style railing planters are the proposed patio amenities. Service to
the patio will be restricted through the main entry door. This proposal will also modify the
western patio area to eliminate a previous conflict with a fire hydrant.
Existing Patio Area
South of the Shade on Muirfleld tenant space is a 1,680- square -foot open space, which was
originally approved as a patio with the final development plan for the shopping center. Its use
as an outdoor dining patio, however, required a conditional use, which in 2006 was denied by
the Planning and Zoning Commission due to concerns by adjacent neighbors regarding noise,
trash, light trespass and other issues. The space has a three -foot tall stone wall along the front
separating it from the pedestrian area, and an eight -foot screening wall along the rear.
Parking
Required parking is 189 spaces, based on the one space per 150 square feet of gross floor area
for a shopping center. There are currently 196 spaces. The calculations for required parking
included the retail buildings (26,400 square feet), and the original outdoor seating patio (1,800
square feet). Because the 1,630- square -foot proposed patio is slightly smaller than the existing
area, parking requirements continue to be met.
Memo re. Ord. 101 -14 Indian Run Meadows — Shade on Muirrield Patio
Rezoning /Preliminary Development Plan
October 9, 2014
Page 3 of 3
Landscaping
The existing landscaping in front of the tenant space was not required as part of the
landscaping requirements of the final development plan or the Zoning Code. In the second
phase of construction, the landscape beds along the front fagade of the restaurant will be
replaced with concrete to increase the usable space of the proposed patio sections. The
applicant will add flower boxes to the patio fence and the patio area. The patio area is designed
to accommodate two existing trees.
Recommendation of the Planning and Zoning Commission
The Planning and Zoning Commission recommended approval of the rezoning and preliminary
development plan to City Council on September 4, 2014 with no conditions.
The Commission concurrently reviewed and approved a final development with two conditions.
Final Development Plan Conditions
1) That all outdoor furniture be stored out of sight from November Vto April 1s* unless the
furniture is set up for use, not covered in any way and weather conditions are appropriate
for use; and
2) That the patio fence be removed if the restaurant discontinues use of the space.
Recommendation
Planning recommends City Council approval of Ordinance 101 -14 at the second reading /public
hearing on October 27, 2014.
9
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Preliminary Development Plan /Final Development Plan
C1 of Dublin Shade on Muirfield Feet
7148 Muirfield Drive
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Preliminary Development Plan /Final Development Plan
Ic 4 ity of Dublin Shade on Muirfield Feet
7148 Muirfield Drive
7
CITY OF DUBLM
Land Use and
Long Range Planning
5800 Shier -Rings Rood
Dub -n Ohio 43016 -1236
Phone / TDD: 6'4-410-4600
Fax 6;4- 410.4747
web Site: www.dublin.oh.w
February 2009
PLANNING AND ZONING COMMISSION APPLICATION
;Code Sector, 153 232)
I. PLEASE CHECK THE TYPE OF APPLICATION:
❑ informal Review ❑ Final Plat
(Section 152.085)
❑ Concept Plan ❑ Conditional Use
(Section 153.056(A)(1)) (Section 153.236)
0 Preliminary Development Plan / Rezoning ❑ Corridor Development District (CDD)
(Section 153.053) (Section 153.115)
0 Final Development Plan
(Section 153.053(E))
❑ Amended Final Development Plan
(Section 153.053(E))
❑ Standard District Rezoning
(Section 153.018)
❑ Preliminary Plat
(Section 152.015)
❑ Corridor Development District (CDD) Sign
(Section 153.115)
❑ Minor Subdivision
❑ Right -of -Way Encroachment
❑ Other (Please Specify):
Please utilize the applicable Supplemental Application Requirements sheet for
additional submittal requirements that will need to accompany this application form.
II. PROPERTY INFORMATION: This section must be completed.
Property Address(es): 7148 Muirfield Drive
Tax ID /Parcel Number(s):
273 - 003599 -00
Parcel Size(s) (Acres):
4.91 acres
Existing Land Use /Deveiopmem: neighborhood retail center
F APP�iCABLE PLEASE COMPLETE THE FOLLOWING
Proposed Land userDeveiopment Applicant is requesting to allow existing patio to be utilized by new restaurant owner.
Total acres affected by application. Less than one acre
III- CIIRRFNT PROPERTY OWNERiSI: Please attach additional sheets if needed.
Name (Individual or Organization): Athenry Shoppes Limited
250 E. Broad Street, Columbus, OH 43215
Mailing Address:
(Street, City, State, Zip Code)
Daytime Telephone: 614- 228 -5775
Fix: RECEIVED
Email or Alternate Contact Information: JUL 25 2014
CITY OF DUBLIN
Page 1 0 #3 PLANNING
r i L e
'P
IV. APPLICANT(S): This is the person(s) who is submitting the application it different than the property owner(s) isted in part III
Please complete if applicable.
Name. Athenry Shoppes Limited
Applicant is also property owner: yes nol_t
Organization (Owner, Developer, Contractor, etc .)• Pat Kelley
Mailing Address: 250 East Broad Street, Columbus, OH 43215
(Street, City, State, Zip Code)
Daytime Telephone, 614- 228 -5775
Fax
Email or Alternate Contact Information.
V REPRESENTATIVE(S) OF APPLICANT / PROPERTY OWNER This :s the person(s) who is submitting the application
on behalf of the applicant listed in part IV or property owner listed in part III. Please complete if applicable.
Name: J. Theodore Smith, Esq. / Jiil S Tangeman, Esq.
Organization (Owner. Developer Contractor etc.): Vorys, Sater, Seymour and Pease LLP
Mailing Address: 52 East Gay Street, Columbus, OH 43215
(Street, City, State, Zip Code)
Daytime Telephone 614 - 464 -6232 / 614 -464 -5608
Fax: 614- 719 -5024 / 614-719 -
Email or Alternate Contact Informat,cw jtsmith@ vorys.com/jstangeman@voryscom
VI. AUTHORIZATION FOR OWNER'S APPLICANT or REPRESENTATIVE(S): If the applicant is not the property owner,
this section must be completed and notarized
Athenry Shoppes Limited c/o Patrick Kelley the owner. hereby authorize
J. Theodore Smith and Jill S. Ta to act as my applicant or
representative(s) in all matters pertaining to the processing and approval of this application, including modifying the project. I agree
to be bound by all representations and agreements made by the designated representative
Signature of Current Property Owner: r Date:
Check this box if the Authorization for Owner's Applicant or Representative(s) is attached as a C,document
Subscribed and sworn before me this S day of 20 _= flan G. Parro
State of N - "0 *= Notary Public, State of Ohio
,-! //�� My Commission mires 11- 16-2014
County of tl A� �r'u Notary Public Ua -�.+'� .� ✓_ — � � � � � �` �.;;�
VII. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are essential to process this
application The Owner/Applicant, as noted below, hereby authorizes City representatives to visit, photograph and post a notice on the
property described in this application.
1 Athenry Shoppes Limited c/o Patrick Kelley O , the owner or authorized representative, hereby
authorize City representatives to visit, pnotograph and post a notice on the property described in this application.
I Signature of applicant or authorizod representative: k6= j., I&I L 4 "er ` Date �7/5 // / I
RECEIVED
RUN ; JUL 25 2014
CITY OF DUBLIN
PLANNING
VIII. UTILITY DISCLAIMER' Tho OwnerlApplicant acknowledges the approval of this request for review by the Dublin Planning and
Zoning Commission andlor Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will be able
to provide essential services such as water and sewer facilities when needed by said OwnenApplicant.
1 At Shoppes Limited cto Patrick Kelley , the owner or authorized representative.
acknowledge that approval of this request does not constitute a guarantee or binding commitment that the City of Dublin will be able to
provide essential services such as water and sewer facilities when needed by said Owner /Applicant.
Signature of applicant or authorized representative: Y- / &t& f gger I Dato:
IX. APPLICANT'S AFFIDAVIT. This sectio must be completed and notarized
I Jill S. Tangeman, Es q_ i the owner or authorized representative, have
read and understand the contents of this application. The information contained in this application, attached exhibits and other
information submitted is complete and in all respects tryrea�Qd correct. to the best of my knowledge and belief
Signature of applicant or authorized representative:
Subscribed aannd� sworn to before me this
State of
County of W+"t Notary Pubh
Date r7
FOR OFFICE USE ONLY
Amount Received:
Application No: y
PSZ Date(s): 9 - - I y
P,BZ
Receipt No: 1 q `IS
Map Zone: C
Date Received: 7.2S. /1
Received By:
City Council (First Reading): ®,
City Council (Second Reading): 1 0
City Council Action:
Ordinance Number:
Type of Request: ?rL� rtGtre l fe Cr4 J 1 x-'► n a! J vG /q°•'�c +" I'� /an
N S, 9W (Circle) Side of: lily► d —D� ✓e-
fv,lS, E, W (Circle) Side of Nearest Intersection: /,,z
Distance from Nearest Intersection: a J �n Pte-
Existing Zoning District: PUD
Requested Zoning District: PO
Page 3 of 3
MICHELLE L. PARMENTUi
Notary Public, State of Ohio
My Commission Expires
6-2017
RECEIVED
p UL 2 5 2014
I / 09'T�AI� /
CITY OF DUBLIN
PLANNING
day4/f - 20 -
Athenry Shoppes
Narrative Statement
The subject site is an existing neighborhood commercial center that was zoned as part of the
Indian Run Meadows development. In 2012, Dublin City Council approved a rezoning of the
subject site in order to allow a patio at the front of the shopping center adjacent to an existing
restaurant known as Mary Kelley's.
The development text approved by Dublin City Council in 2012 limited the use of the patio to
the existing Mary Kelley's restaurant. Mary Kelley's has recently terminated its operations and
the space has been leased to a new restaurant known as Shade on Muirfield.
The applicant is seeking to amend the development text for the sole purpose of authorizing the
Shade on Muirfield restaurant to use the existing front patio space. All standards approved in
2014 regarding the patio, including fencing, lighting, and landscaping, will remain unchanged.
Shade on Muirfield is a family -style sit -down restaurant similar to Mary Kelley's and will serve
as an asset to both the existing retail center and the surrounding neighborhood. Other than the
requested authorization to allow Shade on Muirfield to use the existing front patio, there is no
change to the development plan, building, lighting or signage requested as part of this
application.
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ATMENRY SHOPPING CENTER
ALTAIACSM SURVEY Q I t''
e"MU a ANCMMM - SMVEMU 7142 MUIRRELD DRIVE, DUBLIN, ONO �, � is
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CA." cm � ,.
CLARENCE E MINGO II
FRANKLIN COUNTY AUDITOR
AP I S
Disclaimer
Grid
This map is prepared for the real property inventory within this county. It is compiled from recorded deeds. North
survey plats, and other public records and data. Users of this map are notified that the public primary
information sources should be consulted for verification of the information contained on this map. The
county and the mapping companies assume no legal responsibilities for the information contained on this map.
Please notify the Franklin County GIS Division of any discrepancies.
DATE:
5/9/14
Real Estate : GIS Department
LEGAL DESCRIPTION
Athenry Shoppes Ltd.
Situated in the State of Ohio, County of Franklin, City of Dublin and being a part of Reserve "C"
as shown and delineated upon the record plat of Indian Run Meadows Section 5, of record in Plat
Book 65, Pages 64 and 67 records of the Recorder's Office, Franklin County, Ohio, and being
more particularly described as follows:
Beginning, for reference, at point of centerline intersection of Muirfield Drive (100 feet in width)
and Tara Hill Drive (60 feet in width);
Thence North 47 °18'26" East, a distance of 225.00 feet with the centerline of Muirfield Drive to
a point;
Thence South 42 °41 `34" East crossing said Muirfield Drive, a distance of 50.00 feet to a point
at the northwesterly corner of a 0.758 acre tract as conveyed to Lindvest, an Ohio Partnership of
record in ORV 15457 B05 and the true point of beginning;
Thence with the easterly right -of -way of said Muirfield the following two courses:
1) North 47 °18'26" East, a distance of 143.56 feet to a point of curvature;
2) A curve to the left having a radius 2050.00 feet, a central angle of 09 °06'26" and a chord
bearing of North 42 °45" 13" East and a chord distance of 325.51 feet to a point at the
northwesterly corner of Reserve "C" and also the southwesterly corner of Reserve "D" of said
plat;
Thence South 51 °47'59" East with said northerly line, a distance of 450.00 feet to a point on the
northeasterly corner of said Reserve "C" and the southeasterly corner of Reserve "D ";
Thence South 34 °37'51 West with the easterly line of said Reserve "C ", a distance of 506.27 feet
to a point on the northeasterly corner of a 0.958 acre tract as conveyed to Kinder -Care Properties,
Inc., of record in ORVI 1690111;
Thence North 40 °28'40" West with the northerly line of said 0.958 acre tract, a distance of
172.00 feet to a point on the northwesterly corner of said 0.958 acre tract and on the easterly line
of a 1.370 acre tract as conveyed to Roby Company Limited Partnership of record in ORV 26284
HO 1;
Thence North 49 °26'52" East with said easterly line, a distance of 74.50 feet to the northeasterly
corner of said 1.370 acre tract;
Thence North 40 °33'05" West with said northerly line, a distance of 190.62 feet to the
northwesterly corner of said 1.370 acre tract;
Thence South 47 °18'26" West with the westerly line of said 1.370 acre tract, a distance of
133.50 feet to a point at the northeasterly corner of said 0.758 acre tract;
Thence North 42 °41'34" West with the northerly line of said 0.758 acre tract, a distance of
170.00 feet to the true point of beginning and containing 4.914 acres of land more or less.
This description was prepared by Civil Engineering Associates, Inc., Columbus, Ohio from
existing record deeds. The basis of bearing is North 47° 18'26" East for the centerline of
Muirfield Drive and all other bearings are calculated from this reference.
2/22'2012 1311 1085
Case # 14- 077PDP /FDP
*Jill Tangeman, Esq
Vorys, Sater, Seymour and Pease
52 East Gay Street
Columbus, OH 43215
Shawn & Stephanie Arden
7125 Schoolcraft Dr
Dublin, OH 43017
Mary Barrow & Jane Corson
6075 Tara Hill Drive
Dublin, OH 43017
Susanna Briggs & Edward Skomick
6000 Tara Hill Drive
Dublin, OH 43017
Stephen & Kathleen Cianca
5925 Muncie Ct
Dublin, OH 43017
Benedetto & Anita Cusumano
7082 Cavalry Ct
Dublin, OH 43017
Dublin Village Community Owners
777A Dearborn Pk Lane
Worthington, OH 43085
*Athenry Shoppes Limited
Attn: Pat Kelley
250 E. Broad Street
Columbus, OH 43215
Alan & Jennifer Assaf
5964 Tara Hill Dr
Dublin, OH 43017
BLC Emerald Crossings LLC
7220 Muirfield Drive
Dublin, OH 43017
John & Barbara Cannizzaro
7219 Sundown Ct
Dublin, OH 43017
Gennifer Corson
7091 Wichita Ct
Dublin, OH 43017
John & Sharon Daehler
5988 Tara Hill Dr
Dublin, OH 43017
Debora & Richard Fitch
7096 Wichita Ct
Dublin, OH 43017
*Theodore Smith, Esq
Vorys, Sater, Seymour and Pease
52 East Gay Street
Columbus, OH 43215
Matthew & Laura Atkin
6053 Tara Hill Dr
Dublin, OH 43017
Dennis & Kimberly Bowdy
7081 Wichita Ct
Dublin, OH 43017
Xiaoping Chen & Ping Pei
7025 Cavalry Ct
Dublin, OH 43017
Balakuman Balasubramanian
7046 Cavalry Court
Dublin, OH 43017
Gregory & Lisa Diamond
7043 Cavalry Ct
Dublin, OH 43017
Govindasamy &Ukthambal Gounder
6019 Tara Hill Dr
Dublin, OH 43017
G Oas is iZ Dr.Faruq Hasan & Jamilatul Karim George & Ruthann Hunton
6024 7071 Wichita Ct 5915 Muncie Ct
T'41iti Oil 43017 Dublin, OH 43017 Dublin, OH 43017
KC Propco LLC Michael & Sheri Kielian Kevin & Sandra Lawson
6036 Tara Hill Dr 7183 Mojave Street 7058 Cavalry Ct
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Hongbo Li & Juan Du Lindvest LP Jack & Marie Orders
6009 Tara Hill Drive 7076 Muirfield Drive 7061 Cavalry Ct
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Jamee & Shawn Mattingly Becky Miles Kathleen & Tod Munger
6041 Tara Hill Drive 7076 Wichita Ct 7070 Cavalry Ct
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Peter Murray & Karen Feather Joshua & Elizabeth Nye Joseph & Meghan Campana
6063 Tara Hill Dr 6031 Tara Hill Drive 6097 Tara Hill Dr
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Janis & Timothy Redman Michael Reynolds & Gayle Mowery n,.w C e LP 7
7101 Wichita Ct 7079 Cavalry Ct 100 " 4114PAId Pr
Dublin, OH 43017 Dublin, OH 43017 Pub lin, 014
Jeffrey & Bonnie Roby Carol Roston TR Anthony Sallustro
6046 Tara Hill Dr 7234 Sundown Ct 7228 Sundown Ct
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Brent Shirley & Erin Kerrick St Patricks Episcopal Fellowship David Terlesky
7061 Wichita Dr 7121 Muirfield Dr 7086 Wichita Ct
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Keith & Catherine Gasper Jesse & Kelly Kanitz Jack & Nichole Weber
7222 Sundown Ct 6012 Tara Hill Dr 7005 Fallen Timbers Drive
Dublin, OH 43017 Dublin, OH 43017 Dublin, OH 43017
Gafy n, Ville W illi ams Anna Wilson Andrew & Sheri Wolpert
599 T -r ,, u:n Pri;,,, 5976 Tara Hill Drive 6085 Tara Hill Drive
T'41iti Oil 43017 Dublin, OH 43017 Dublin, OH 43017
INDIAN RUN MEADOWS
COMMERCIAL USES
DEVELOPMENT STANDARDS
A. Yard Requirements
1. Front Yard setback: For structures and parking 50'.
2 Side and rear yard setback adjacent to residential uses: All structures 50', all
parking, service and loading areas 30': for non - residential uses, 25' setback for
structures and 15' for parking, loading and services areas.
B. Building Area Development Standards
1. Maximum building height: Shall not exceed thirty five (35) feet.
C. Parking Standards
1. Off street parking shall be provided at one space per 150 square feet in area or
at the rate required under the Dublin Zoning Code as it applies to commercial
uses, whichever is less.
D. Lighting Standards
1. All lighting in the area shall be cut -off type fixtures (down lighting) maximum
height of fixtures will not exceed 35'.
2. All external outdoor lighting fixtures to be used within a given development shall
be from the same family, or similar manufacturer's type, to insure aesthetic
compatibility. All light poles and standards shall be of wood or metal painted
black, brown, or bronze.
E. Signage and Graphics Standards
1. All signing shall be of ground type (no pole signs) and shall be of a standard
shape and frame. All sign frames shall be of natural wood, stone or metal painted
black, brown or bronze. Internally illuminated graphics with opaque background
shall be permitted, as well as externally lighted signs that do not interfere with
safe vehicular movement.
2 Types of signs prohibited include signs with flashing lights or changeable copy,
projecting signs, roof signs, billboards, co -ops signs, rotating signs, and trailer
type signs. Any directory signs shall be more than 30 feet from the right -of -way.
Page i of 4
3. Individual store graphics shall be integrated within the architectural design of the
facia and the background shall be of the same family and color.
F. Additional Development Standards
1. Curbcut locations: One full service curbcut and median cut into Muirfield Drive
will be provided to jointly service the commercial and institutional parcels to be
located on the common property line. There shall be only one full service cut into
the southerly right -of -way. One (1) right turn in- and -out curbcut shall be permitted
onto Muirfield Drive but have no median break. The Dublin Planning and Zoning
Commission may determine that an additional break or separate median breaks
for each use are more appropriate based on a Final Development Plan
2. Landscape Buffer
a. Where commercial development abuts residential development, a
landscape buffer will be installed containing a board -on -board fence as
detailed on page 9 and a landscape buffer of both deciduous shade,
ornamental, and evergreen trees. Minimum size at installation shall be 2-
1.2" cal for deciduous shade trees, 1 -1/2" cal for ornamental trees, and 6'-
8' on evergreen. Landscape plant material will be placed on the
residential side of the fence at a spacing of 1 tree per 15 linear feet of
property line. Landscape buffer will be installed prior to the beginning of
any construction on the sites. With the installation of Muirfield Drive, the
site will be graded and seeded. The developer or his successor shall mow
and properly maintain the site until it is developed.
b. The Muirfield Drive frontage of the multi - family site, commercial site,
office institutional site, church site, undeveloped single - family site, school
site, and park site shall be landscaped with plant material at least of a
size, quantity and quality that currently exists on the east side of Muirfield
Drive south of Tara Hill. The landscaping and mounding shall be in
conformity with the drawing contained in the Indian Run Meadows single -
family design guidelines. Weather permitting, landscaping and mounding
shall be installed contemporaneously with the construction of Muirfield
Drive. Mounding along both sides of Muirfield Drive and within the median
strip shall be sodded All other parcels shall be landscaped prior to
occupancy of any building on such parcel.
Landscape Frontage Treatment on Side Streets
A landscaped earth mound shall be installed where the commercial,
church, school, multi - family and office /institutional parcels front the side
streets.
Page 2 of 4
The mound shall have a minimum height of 4 feet above top of curb and shall be
noncontinuous in height.
The same landscaping standards as shown on page 10, "Muirfield Boulevard
Landscape Edge Treatment" shall be the standards applied to the frontage
treatment on side streets
3. Dumpster Enclosures
All dumpsters shall be enclosed with a 4 sided enclosure of wood, stone, brick or
stucco. All enclosures will be of the same architectural materials as the main
structure and will conform to all building setback requirements
4. Street Grade
The street grade for the single - family street west of Muirfield Drive shall be at the
same or less grade than Muirfield Drive.
The foundation of any house located on any lot abutting Muirfield Drive shall not
be higher than three (3) feet above the street grade of the abutting street.
G. Architectural Standards
1. In keeping with the residential framework of the area, all architecture will be of a
residential character and constructed of natural materials being stone, brick,
wood and stucco. All buildings will be of the same finished quality on all 4 sides.
Stone accent will be integrated into all buildings.
H. Permitted Uses
1. Those permitted uses shall be those listed in Chapter 153 027, Neighborhood
Commercial District except "Eating and drinking places" shall include full line
restaurants and shall not include fast food or drive -in restaurants or places
primarily designed for entertainment or dancing and referred to by various names
such as dance hall, cabaret, and night club and the following uses listed in
Section 153.028, Community Commercial District.
Mens and boys clothing and furnishings stores
Womens accessory and specialty stores
Womens ready to wear stores
Shoe stores
Custom tailors
Furriers and fur shops
Page 3 of 4
Book and stationery stores
Jewelry stores
Camera and photographic supply stores
Optical goods stores
2. A maximum of 1,680 square feet of outdoor dining patio area located in front of
the restaurant operating at 7148 Muirfield Drive at the time of approval of this development text
known as Shade on Muifield. This patio shall be constructed only in the location shown on the
preliminary development plan.
The patio shall use amenities (such as tables, chairs, fence, umbrellas, flower boxes) that are of
high quality. Patio chairs shall be black in color. Table tops may use a different color. Umbrellas
shall be market - style. No outdoor amplifiers or music shall be permitted in the patio area. No
additional lighting (other than allowed building lighting) shall be permitted in the patio area. The
food service for this patio shall end at 10:30 p.m. and the patio operations shall cease at 11 p.m.
A rezoning process will be required for any other patio areas.
Other than as set forth in the foregoing paragraph, the conditional uses contained in Section
(Section 153.027(8)) are hereby prohibited.
Intensity
1. Within the commercial site the total square footage shall not exceed 10,000
square feet per acre. No single store shall exceed 30,000 sq. ft. and one -third of
the total square footage shall be in stores which are less than 20,000 square feet
in area.
Other than the standards listed above, all remaining development standards shall be as listed
and applicable under Section 153 of the Dublin Code.
Page 4 of 4
3/26/2010 18988179
FENCE TO MATCH PHOTO (TAKEN FROM MATT THE
MILLER'S TAVERN, 6125 AVERY- MUIRFIELD DR.)
METAL POSTS WITH BEVELED CAP
RAIL
STEEL PICKETS
a MI AX -
EXISTING CHAIR
PATIO CHAIR TO BE WROUGHT IRON
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TUBULAR STEEL FRAME WITH POWDER
COATED PAINT. COLOR: CHARCOAL
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PROJECT NO.: 12- 00073 -010
DESIGNED BY: GS
DRAWN BY: MBS
CHECKED BY: GS
DATE ISSUED: 07.14.14
FINAL
DEVELOPMENT
PLAN
1 OF 1
KAPROJECTS \KELLEY \12 - 00073 -01P (ATHENRYADESIGN \PLAN \SITE PLAN REVISIONS 7.14.14.DWG - 7/14/2014 3:18:00 PM
Contract Furniture Company Custom Brochure
Pagel of 5
CONTRACT FURNITURE COMPANY
Pr fessLovzaL c;raole Fkrvdture seUer
WWW.CONTRACTFURNITURE.COM
Custom Brochure
Thank you for your interest in Contract Furniture.
This is the custom brochure you created on our web site at www.ContractFurniture.com
For more information, or to place an order,
please call (310) 544 -2382 or toll -free at (800) 507 -1785.
Please come back and visit us again!
Instructions to email your Customer Brochure
Note: Instructions provided for Windows Internet Explorer (versions 7 tt 8).
• Located in the tab bar:
a. Click on the Page icon.
b. Then click on the Send Page by E- Mail... menu
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Contract Furniture Company
2325 Palos Verdes Drive West
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
• or, located in the menu bar,
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b. Then hover your cursor over the Send submenu
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Phone: 310 -544 -2382 Toll Free:800- 507 -1785
Fax: 310 5442387 Toll Free: 800- 507 -1789
http:// contractfumiture .com/brochure —Print.php 1/26/2012
Contract Furniture Company Custom Brochure
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� Pro{'essi,��tL crAdt t` ui�w%i:ure
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36" Square S olo T abletop
change.
Product #: SOLO -3636
Our Price: $173.52
Specifications
Top Dimensions 36" Square
Material Molded Melamine
Page 2 of 5
Seats 4
Weight 31lbs
Molded melamine tabletop suitable for indoor and outdoor
use. Our tabletops are made by creating a resin wood
substrate and fusing melamine sheets to the top surface and
underside. The hardwood is first chipped into rice sized
pieces which are then dried and infused with resins. The
process renders each particle water resistant. Large presses
compress these resin wood particle into tabletops under heat
and pressure. The resulting tabletop is seamless as well as
weather resistant - it can't delaminate and resists warping.
These tops are scratch resistant, cigarette burn resistant and
alcohol resistant, enabling the tops to retain their look for
years. Rounded waterfall edge.
Special Order items have a lead time of approximately 4 to 8
weeks.
`Under long term use and UV light there could be slight color
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
Visit us on the web at www.ContractFurniture.com
http:// contractfmiture .com/brochure —Print.php 1/26/2012
Contract Furniture Company Custom Brochure
' - Pro-�`essiaw.al trade 1= urw%i:ure
Belmar 4 Tab B
Product #: BEL -4
Our Price: $132.48
Specifications
Page 3 of 5
Width 26"
Depth 26"
Height 27.5"
Top Dimensions 36 "x36" Square/ 36" Round (max top size)
Material Aluminum
Weight 17 lb
Belmar Table Base Features
• Heavy Weight cast aluminum table base
• Added cast iron weight for additional stability
• Suitable for indoor or outdoor applications
• Standard dining height of 28"
• Included with 1/2" Glides
• Available in clear coat protected polished aluminum or black
pepper finish
• Shipped KD, ready to assemble
Suite #307
Palos Verdes Estates, CA 90274
sales@contractf urniture. com
Visit us on the web at www.ContractFurniture.com
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
http:// contractfumiture .com/brochure _print.php 1/26/2012
Contract Furniture Company Custom Brochure
7p> craefe i=urwiture
Rockpo Si de Ch
Product #: 2040700 -04
Our Price: $62.67
Specifications
Page 4 of 5
Width 21.5"
Depth 26"
Height 33"
Seat Height 17"
The design of our Rockport collection supports and cradles
the body in comfort and style. Constructed of commercial -
grade materials for strength and powder coated for
durability, the Rockport collection is an excellent choice for
almost any commercial application. This collection is
stackable and in stock for immediate shipment.
Wrought Iron Cafe Series Features
Frames are constructed of 13/16" high strength tubular steel
All furniture features fully - welded frames for strength and
durability
Metal furniture is electrostatically primed (e- coated) and
powder coated to resist corrosion, chipping, scratching and
ultraviolet rays
Standard tests performed: MEK rubs, mandrel bend, impact, salt spray and OUV - to ensure our powder coated
finishes meet high quality standards for commercial applications
Durable, heavy -gauge steel mesh resist warping and bending from continued commercial use, providing
outstanding structural integrity
3 -Year Limited Warranty
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
Visit us on the web at www.ContractFurniture.com
http://contractftimiture.com/brochure_printrphp php 1/26/2012
Contract Furniture Company Custom Brochure
Page 5 of 5
CONTRACT F COMPANY
T>ro fessLovwaL c,rc0e FLcrvdtkre SeUer
WWW.CONTRACTFURNITURE.COM
Showroom Loca
Below you'll find our showroom locations. Note that showroom visits are by appointment only.
Please call the showroom to schedule an appointment.
North American Sales Office and Showroom
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
Los Angeles Showroom
2325 Palos Verdes Drive West Fax: 310-544-2387 Toll -Free: 800-507-1789
Suite #307 Email: sales@contractfurniture.com
Palos Verdes Estates, CA 90274
New England and Mid- Atlantic Sales Office and Showroom
Contract Furniture Company Phone: 212 - 870 -0190 Toll -Free: 888 - 870 -0145
New York City Showroom Fax: 212 - 870 -0192 Toll -Free: 888 - 870 -0146
936 West End Avenue, Suite A -2
New York, NY 10025 Email: Gene@contractfurniture.com
Hawaii and Pacific Rim Sales Office and Showroom
Contract Furniture Company Phone: 808 - 625 -1000
Hawaii Showroom
ORBIT SALES Fax: 808- 625 -7008
Robert Small
Caves at Kipapa Email: info@orbitsales.com
Waipahu, HI 96797
Corporate Offic
Please direct general inquiries to our corporate office.
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
Corporate Office Fax: 310 -544 -2387 Toll -Free: 800 507 -1789
2325 Palos Verdes Drive West
Suite #307 Email: rourke@contractfurniture.com
Palos Verdes Estates, CA 90274
http: // contractfurniture .com /brochure —print.php 1/26/2012
City of Dublin
Land Use and Long
Range Planning
5800 Shier Rings Road
Dublin, Ohio 43016 -1236 PLANNING AND ZONING COMMISSION
phone 614.410.4600
fax 614.410.4747
www.dublinohiousa.gov RECORD OF ACTION
SEPTEMBER 4, 2014
The Planning and Zoning Commission took the following action at this meeting:
2. Indian Run Meadows PUD -Shops on Muirfield -Shade on Muirfield
14- 077Z /PDP /FDP 7148 Muirfield Drive
Rezoning /Preliminary Development Plan /Final Development Plan
Proposal: A revision to the development text to permit up to 1,680 square feet of
outdoor patio area in front of an existing restaurant within the Shops on
Muirfield (fka Shoppes at Athenry shopping center. The application also
includes all final design details of the proposed patio areas. The site is
located within the Indian Run Meadows Planned Unit Development on
the east side of Avery- Muirfield Drive approximately 500 feet north of the
intersection with Tara Hill Drive.
Request: Request for review and recommendation to City Council for a rezoning
with preliminary development plan and review and approval of a final
development plan under the Planned District provisions of Zoning Code
Section 153.050.
Applicant: Ted Smith, Esq and Jill Tangeman, Esq for Athenry Shoppes LTD.
Planning Contact: Claudia D. Husak, AICP, Planner II.
Contact Information: (614) 410 -4675, chusak @dublin.oh.us
MOTION #1: John Hardt moved, Todd Zimmerman seconded, to recommend approval /disapproval to
City Council for this preliminary and final plat application because the proposal complies with the
preliminary and final plat criteria.
VOTE: 4-0-1.
RESULT: This Preliminary and Final Plat will be forwarded to City Council with a recommendation
of approval.
RECORDED VOTES:
Chris Amorose Groomes
Yes
Richard Taylor
Absent
Amy Kramb
Absent
John Hardt
Yes
Todd Zimmerman
Yes
Victoria Newell
Recused
Amy Salay
Yes
Page 1 of 2
I of Dublin
Land Use and Long
Range Planning PLANNING AND ZONING COMMISSION
5800 Shier Rings Road
Dublin, Ohio 43016 -1236 RECORD OF ACTION
phone 614.410.4600
fax 614.410.4747
www.dublinohiousa.gov SEPTEMBER 4, 2014
2. Indian Run Meadows PUD -Shops on Muirfield -Shade on Muirfield
14- 077Z /PDP /FDP 7148 Muirfield Drive
Rezoning /Preliminary Development Plan /Final Development Plan
MOTION #2: John Hardt moved, Todd Zimmerman seconded, to approve this final development plan
because this proposal complies with the proposed development text and preliminary development plan,
the final development plan criteria and existing development in the area, with two conditions:
1) That all outdoor furniture be stored out of sight from November 1st to April 1st unless the
furniture is set -up for use, not covered in any way and weather conditions are appropriate for
use, and;
2) That the patio fence be removed if the restaurant discontinues use of the space.
* Jill Tangeman agreed to the above conditions.
VOTE: 4-0.
RESULT: The Final Development Plan was approved
RECORDED VOTES:
Chris Amorose Groomes
Yes
Richard Taylor
Absent
Amy Kramb
Absent
John Hardt
Yes
Todd Zimmerman
Yes
Victoria Newell Recused
Amy Salay Yes
STAFF CERTIFICATION
Claudia D. Husak, AICP
Planner II
Page 2 of 2
City of Dublin
Land Use and Long
Range Planning
5800 Shier Rings Road
Dublin, Ohio 43 01 6 -1 236
phone 614.410.4600
fax 614.410.4747
www.Dublinohiousa.gov
AGENDA
PLANNING AND ZONING COMMISSION
MEETING MINUTES
SEPTEMBER 4, 2014
Perimeter West PCD, Subarea 2 - Dublin Springs Hospital 7625 Hospital Drive
14- 059AFDP Amended Final Development Plan
(Tabled 5 — 0)
2. Indian Run Meadows PUD -Shops on Muirfield -Shade on Muirfield
14 -077Z /PDP /FDP 7148 Muirfield Drive
Rezoning /Preliminary Development Plan /Final Development Plan
Rezoning /Preliminary Development Plan (Approved 4 — 0)
Final Development Plan (Approved 4 — 0)
3. Liggett — Cosgray Road Cosgray Road
14- 083INF Informal Review
(Postponed)
The Chair, Chris Amorose Groomes, called the meeting to order at 6:30 p.m. and led the Pledge of
Allegiance. Other Commission members present were John Hardt, Victoria Newell, Todd Zimmerman, and
City Council Representative Amy Salay. City representatives present were Jennifer Readier, Gary
Gunderman, Claudia Husak, Tammy Noble - Flading, Alan Perkins, Nicki Martin, and Flora Rogers.
2. Indian Run Meadows PUD -Shops on Muirfield -Shade on Muirfield
14 -077Z /PDP /FDP 7148 Muirfield Drive
Rezoning /Preliminary Development Plan /Final Development Plan
The Chair, Ms. Amorose Groomes, introduced this application for a request for a revision to the
development text to permit up to 1,680 square feet of outdoor patio area in front of an existing
restaurant within the Shops on Muirfield (fka Shoppes at Athenry shopping center). The application also
includes all final design details of the proposed patio areas. The site is located within the Indian Run
Meadows Planned Unit Development on the east side of Avery - Muirfield Drive approximately 500 feet
north of the intersection with Tara Hill Drive. Two motions are required, one for the rezoning and
preliminary development plan and one for the Final Development Plan. The Commission will forward their
recommendation to City Council for the rezoning /preliminary development plan. The Commission is the
final authority on the final development plan, for which we will need to swear -in.
The Chair swore in anyone intending to address the Commission on this case.
Ms. Amorose Groomes stated this case was on the Consent Agenda; therefore, a presentation was not
needed.
Ms. Amorose Groomes asked if there was anyone in the general public wanted to speak to this
application.
Thomas McCash, 55 South High Street, Dublin, said he is representing adjoining neighbors and not the
homeowners association. but is a member of the homeowners association. He said he is here on a
Dublin Planning and Zoning Commission
September 4, 2014 — Meeting Minutes
Page 2 of 2
rezoning application for the adjoining neighbors and stated they have worked with the applicant on this
and is fine with the Shade actually using the patio. He said he believes the text actually would allow this
without a rezoning, but they are not in opposition to it as long as they are following the same conditions
that were there for Mary Kelley's.
Motion and Vote #1
John Hardt moved, Mr. Zimmerman seconded, to recommend approval to City Council for this
Rezoning /Preliminary Development Plan with no conditions. The vote was as follows: Ms. Salay, yes;
Ms. Amorose Groomes, yes; Mr. Zimmerman, yes; and Mr. Hardt, yes. (Approved 4 — 0)
7 i of Dublin City of Dublin Planning and Zoning Commission
Land Use and Long
Range Planning planning Report
5800 Shier Rings Road
Dublin, Ohio 43016 -1236
phone 614.410.4600 Thursday, September 4, 2014
fax 614.410.4747
.. ,v.dublinohiousa.gov
Indian Run Meadows Planned District
Shops on Muirfield — Shade on Muirfield Patio
Case Summary
Agenda Item 2
Case Number 14- 077Z /PDP /FDP
Site Location 7148 Muirfield Drive
East side of Avery- Muirfield Drive approximately 500 feet north of the
intersection with Tara Hill Drive.
Proposal A revision to the development text to permit up to 1,680 square feet of
outdoor patio area in front of an existing restaurant within the Shops on
Muirfield (formerly The Shoppes of Athenry) shopping center. The application
also includes all final design details of the proposed patio. The site is located in
the Indian Run Meadows Planned Unit Development.
Requests 1) Review and recommendation to City Council under the Planned District
provisions of Zoning Code Section 153.050 for a rezoning with preliminary
development plan
2) Review and approval of a final development plan under the Planned
District provisions of Zoning Code Section 153.050.
Owner Athenry Shoppes Limited.
Representative Jill Tangeman, Esq.
Case Manager Claudia D. Husak, AICP Planner II (614) 410 -4675 1 chusak @dublin.oh.us
Planning
Recommendation It is Planning's analysis the proposal complies with all applicable review criteria
and the existing and anticipated development standards. Planning
recommends:
1) Approval to City Council of the rezoning with preliminary development
plan without conditions.
2) Approval of the final development plan with two conditions.
Final Development Plan Conditions
1) That all outdoor furniture be stored out of sight from November lit to
April lit unless the furniture is set -up for use, not covered in any way and
weather conditions are appropriate for use, and;
2) That the patio fence be removed if the restaurant discontinues use of the
space
cN of Dublin l Plannim and Zoning Ommlzzlon
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City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
Shade on Muirfield Patio
Thursday, September 4, 2014 1 Page 3 of 11
Facts
Site Area 4.91 acre site, 26,400- square -foot shopping center.
Zoning PUD, Planned Unit Development (In Run Meadow p lan).
Surrounding Zoning North: PUD; Emerald Crossings Retirement Home in the Indian Run
Meadows PUD.
South: PUD; Outparcels of The Shops on Muirfield site including United
Dairy Farmers and Kinder Care.
East: PUD; Single family homes in the Indian Run Meadows PUD.
West: PUD; St. Patrick's Episcopal Fellowship in the Indian Run Meadows
P UD.
Site Features . No significant topography.
Developed with a shopping center and associated parking.
Development The Shops on Muirfield
Background The Shops on Muirfield have two buildings forming an L -shape divided
by an open hardscape area originally intended for an outdoor dining
patio. The shopping center buildings are in the northeastern portion of
the site with parking in front. The center has two shared curb cuts from
Muirfield Drive. A service drive provides access to the service area
behind the buildings.
• The site has 469 feet of frontage on Muirfield Drive, and the rear
boundary line abuts single - family lots on Wichita Court and Cavalry
Court in the Indian Run Meadows subdivision.
• The restaurant has approximately 7,550 square feet of the north
building, immediately adjacent to a 1,800- square -foot patio area, which
is not approved for patio use due to its proximity to resi lots.
Development Planning and Zoning Commission
History 1978 PUD zoning approved
• 1984 revised preliminary development plan approved
• 1986 revised preliminary development plan approved
• June 5, 1997: final development plan for a 26,400- square -foot shopping
center was approved
• April 15, 1999: conditional use for a patio was tabled (Case 99- 026CU)
• September 16, 1999: conditional use for a patio was withdrawn by
applicant after a short discussion by the Commission (Case 99- 026CU)
• November 10, 2005: conditional use for a patio tabled (Case 05- 154CU)
• October 11, 2007: amended final development plan for a 2,400- square-
foot outparcel was denied (Case 07- 029AFDP)
• January 19, 2006: conditional use for a patio denied (Case 05- 154CU)
• July 8, 2012: informal review of patio plan in front of the restaurant
(Case 10- 025INF)
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 4 of 11
r
• April 12, 2012: rezoning with preliminary development plan and final
development plan approved by the Commission to allow Mary Kelley's
restaurant the use of patio space in front of the tenant space
• May 21, 2012: City Council approved Ordinance 35 -12, allowing the use
of patio space in front of Mary Kelley's
• November 1, 2012: amended final development plan approved for new
ground sign (Case 12- 075AFDP)
Neighborhood The applicant's representative has reported that she has been in contact
Contact with an attorney representing some nearby residents and that they have
indicated support for this application. The leadership of the Indian Run
Meadows Homeowners Association has also indicated support in writing as
long as the patio area is limited to the front of the restaurant.
Details Rezoning with Preliminary Development Plan
Overview Rezoning to a Planned Unit Development requires approval of a
development text to serve as the zoning regulation for the development
requirements noted; the Zoning Code covers all other requirements. The
development text typically addresses permitted and conditional uses,
setbacks, parking, landscaping, signs and architecture, among other
subjects.
Development Text There are no text revisions for this proposal. However, the approval of thel
2012 development text was restricted to the named restaurant operating
in the tenant space at the time of the rezoning. As this is a new restaurant
tenant, the text will require approval of the same language in the
development text to permit this restaurant, Shade on Muirfield, the use of
the patio areas in front of the restaurant. As currently written, any new
tenant occupying this tenant space would again have to go through a
rezoning process to use the patio. J
Analysis Rezoning with Preliminary Development Plan
Process Section 153.050 of the Zoning Code identifies criteria for the review and
approval for a rezoning /preliminary development plan (full text of criteria
attached). Following is an analysis by Planning based on those criteria.
d
1) Consistency with Criterion met: The development text continues to address the unique
Dub /in Zoning needs of the site. The maximum patio area will not require additional
Code parking and is consistent with the Zoning Code.
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 5 of 11
Analysis Rezoning with Preliminary Development Plan
2) Conformance Criterion met: No changes in land use are proposed. An outdoor dining
with adopted patio associated with a restaurant is typically found in commercial areas.
Plans While neighboring residents have previously shared concerns regarding
noise, the location of the patio will be buffered by the building.
3) Advancement of
general welfare &
orderly
development
J
Criterion met: The preliminary development plan requires high quality
patio amenities and regulates a location for the patio that is sensitive to
the surrounding area.
4) Effects on Criterion met: The development text recognizes previous concerns from
adjacent uses adjacent residents. The patio location and operational details will minimize
5 )
6 )
[,
noise and light from disturbing the neighborhood.
Adequacy of Not applicable.
open space for
residential
Protection of Criterion met: At the second phase, the proposal will remove existing
natural features landscape beds, as was previously approved. These beds are not required
and resources by Code or the final development plan. Planters and flower boxes will be
J installed in the patio area, the same as previously approved.
Adequate Criterion met: Not applicable.
infrastructure I
8) Traffic and
pedestrian
safety
9) Coordination &
integration of
Criterion met: The development text and preliminary development plan
locate the patio so as to not interfere with pedestrian activity within the
_I!_
shopping center.
I
Criterion met: The proposal provides for a coordinated and integrated
patio area consistent with the high quality standards expected in Dublin.
building & site
relationships ] I
10) Development Criterion met: The proposal meets lot coverage requirements, has
layout and adequate parking and circulation. The layout is appropriate in relation to
intensity the existing building.
11) Stormwater Criterion met: The patio area is not creating impervious surface of a size
management that would require additional stormwater management.
12) Community Criterion met: The proposal provides an additional amenity to the
benefit community, which has long been desired by the restaurant owners and
patrons. Care has been taken to create an outdoor dining patio area and
amenities sensitive to the concerns of nearby residents.
1 13) Design and Criterion met: The proposed development plan requires the use of high
appearance quality amenities.
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 6 of 11
Analysis '
Rezoning with Preliminary Development Plan
14) Development
Criterion met: The development is proposed to be constructed in a two
phasing
phases. Phase 1 consists of 950 square feet of patio space with 40 seats
and Phase 2 will be the addition of 630 square feet and 22 seats.
15) Adequacy of
Criterion met: Not applicable.
public services
16) Infrastructure
Criterion met: Not applicable.
contributions
Recommendation Rezoning with Preliminary Development PI n
Approval Based on Planning's analysis, this proposal complies with the
rezoning /preliminary development plan criteria, provides the opportunity for
an additional amenity within the existing shopping center and requires an
appropriate location and high quality patio amenities. Approval is
recommende with no c onditio ns.
Final Development Plan
Patio space at build -out of 1,630 square feet, divided into two sections
on either side of the main entry of the restaurant and enclosed by a
3.6 -foot tall, black aluminum fence,
Seven tables with seating for 22 in the left (west) patio and 11 tables
with seating for 40 in to the right (east) patio;
Modifications to the patio to eliminate conflicts with a fire hydrant;
Service to the patio through the main entry door;
Black aluminum patio chairs; 3 -foot square, tan - topped tables with a
black base, and green market -style umbrellas;
r Further enclosure of the existing, unused open space by metal gates;
r Food service for the patio service ending at 10:30 p.m. and the patio
will close at 11 p.m.
No music, other amplification, or lighting is permitted or proposed
Flower boxes and planters for the patio area
- he proposal includes:
Details
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 7 of 11
Details
Patio Details
Existing Patio Area
Final Development Plan
Patio furniture in the City of Dublin is commonly high - quality, black,
wrought -iron tables and chairs or an equivalent with market - style, fade -
resistant umbrellas. The applicant is using a black aluminum chair, a style
which is used on other patios. The tables will have a tan - colored square
table top and a column style, black metal base. Umbrellas will be market -
style with dark green fabric. A wrought -iron style, black metal fence will
enclose both patio areas. It is typical in Dublin that outdoor dining patios
are fully enclosed with a fence and accessed with a gate. Gates are
shown for both areas.
Planning recommends a common condition that all outdoor furniture be
stored out of sight from November lit to April lit unless the furniture is
set -up for use, not covered in any way and weather conditions are
appropriate for use. Planning also recommends that the patio fence be
removed if the restaurant discontinues use of the space. J
South of the Shade on Muirfield tenant space is a 1,680- square -foot open
space, which was originally approved as a patio with the final
development plan for the shopping center. Its use as an outdoor dining
patio, however, required a conditional use, which in 2006 was denied by
the Planning and Zoning Commission due to concerns by adjacent
neighbors regarding noise, trash, light trespass and other issues. The
space has a three -foot tall stone wall along the front separating it from
the pedestrian area, and an eight -foot screening wall along the rear.
Parking Required parking is 189 spaces based on the one space per 150 square ,
feet of gross floor area for a shopping center. There are currently 196
spaces. The calculations for required parking included the retail buildings
(26,400 square feet), and the original outdoor seating patio (1,800
square feet). Since the 1,630- square -foot proposed patio is slightly
smaller than the existing area, parking requirements continue to be met.
Landscaping The landscaping in front of the tenant space was not required as part of
the landscaping requirements of the final development plan or the Zoning
Code. In the second phase of construction, landscape beds along the
front fa4ade of the restaurant will be replaced with concrete to increase
the usable space of the proposed patio sections. The applicant will add
flower boxes to the patio fence and the patio area. The patio areas will be
created around two existing trees.
Analysis _ Final Development Plan
Process Section 153.050 of the Zoning Code identifies criteria for the review and
approval for a final development plan (full text of criteria attached).
�I Following is an analysis by Planning based on those criteria.
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 8 of 11
Analysis
Final Development Plan
1J Consistency with
Criterion met with conditions: Planning recommends that all outdoor
the pre liminary
furniture be stored out of sight from November lit to April lit unless the
developmentp /an.
furniture is set -up for use, not covered in any way and weather
conditions are appropriate for use. Planning also recommends that the
Conditions 1 & 2
patio fence be removed if the restaurant discontinues use of the space.
2J Traffic and
Criterion met: The design of the patio retains adequate space for
pedestrian safe tA
pedestrian activity.
3J Adequate public
Criterion met: The site has adequate public services. No open space
services and
dedication is required.
open space
4J Protection of
Criterion met: Landscape beds will be removed as part of Phase 2 of
natural features
the patio areas. They are not required by Code. Planters and flower boxes
and resources
will be installed in the patio area.
Adequacy of
Criterion met: No additional lighting is proposed.
lighting
Signs consistent
Criterion met: Not applicable.
[ 6 J
with preliminary
development plan
7) Appropriate
landscaping to
enhance, buffer,
& soften the
building and
site.
� J Compliant
stormwater
management
C J A// phases e
comply with the
previous criteria.
t 7J Compliance
with other law.
& regulations.
Criterion met: Planters and flower boxes will be installed in the patio
area.
Criterion met: The additional impervious area of Phase 2 does not
require additional stormwater management.
Criterion met: Phase 2 meets all requirements of the text as well as
Phase 1.
Criterion met: The proposal complies with all other known applicable
local, state, and federal laws and regulations.
[Recommendation
Final Development
Plan
Approval In Planning's analysis, this proposal complies with the proposed
development text and preliminary development plan, the final development
plan criteria and existing development in the area. Planning recommends
approval of this request with two conditions.
City of Dublin I Planning and Zoning Commission
Case 14- 077Z /PDP /FDPI Indian Run Meadows
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Thursday, September 4, 2014 1 Page 9 of 11
Recommendation Final Development Plan
Conditions 1) That all outdoor furniture be stored out of sight from November lit to
April lit unless the furniture is set -up for use, not covered in any way
and weather conditions are appropriate for use; and
2) That the patio fence be removed if the restaurant discontinues use of „
the space.
City of Dublin I Planning and Zoning Commission
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Thursday, September 4, 2014 1 Page 10 of 11
REZONING/ PRELIMINARY DEVELOPMENT PLAN CRITERIA
Review Criteria
Section 153.050 of the Zoning Code identifies criteria for the review and approval for a
Rezoning /Preliminary Development Plan. In accordance with Section 153.055(A) Plan Approval
Criteria, Code sets out the following criteria of approval for a preliminary development plan
(rezoning):
1) The proposed development is consistent with the purpose, intent and applicable
standards of the Dublin Zoning Code;
2) The proposed development is in conformity with the Community Plan, Thoroughfare
Plan, Bikeway Plan and other adopted plans or portions thereof as they may apply and
will not unreasonably burden the existing street network;
3) The proposed development advances the general welfare of the City and immediate
vicinity and will not impede the normal and orderly development and improvement of
the surrounding areas;
4) The proposed uses are appropriately located in the City so that the use and value of
property within and adjacent to the area will be safeguarded;
5) Proposed residential development will have sufficient open space areas that meet the
objectives of the Community Plan;
6) The proposed development respects the unique characteristic of the natural features
and protects the natural resources of the site;
7) Adequate utilities, access roads, drainage, retention and /or necessary facilities have
been or are being provided;
8) Adequate measures have been or will be taken to provide ingress and egress designed
to minimize traffic congestion on the surrounding public streets and to maximize public
safety and to accommodate adequate pedestrian and bike circulation systems so that
the proposed development provides for a safe, convenient and non - conflicting
circulation system for motorists, bicyclists and pedestrians;
9) The relationship of buildings and structures to each other and to such other facilities
provides for the coordination and integration of this development within the PD and the
larger community and maintains the image of Dublin as a quality community;
10) The density, building gross floor area, building heights, setbacks, distances between
buildings and structures, yard space, design and layout of open space systems and
parking areas, traffic accessibility and other elements having a bearing on the overall
acceptability of the development plan's contribution to the orderly development of land
within the City;
11) Adequate provision is made for storm drainage within and through the site so as to
maintain, as far as practicable, usual and normal swales, water courses and drainage
areas;
12) The design, site arrangement, and anticipated benefits of the proposed development
justify any deviation from the standard development regulations included in the Dublin
Zoning Code or Subdivision Regulation, and that any such deviations are consistent with
the intent of the Planned Development District regulations;
13) The proposed building design meets or exceeds the quality of the building designs in the
surrounding area and all applicable appearance standards of the City;
City of Dublin I Planning and Zoning Commission
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Thursday, September 4, 2014 1 Page 11 of 11
14) The proposed phasing of development is appropriate for the existing and proposed
infrastructure and is sufficiently coordinated among the various phases to ultimately
yield the intended overall development;
15) The proposed development can be adequately serviced by existing or planned public
improvements and not impair the existing public service system for the area; and
16) The applicant's contributions to the public infrastructure are consistent with the
Thoroughfare Plan and are sufficient to service the new development.
FINAL DEVELOPMENT PLAN CRITERIA
Review Criteria
In accordance with Section 153.055(6) Plan Approval Criteria, the Code sets out the following
criteria of approval for a final development plan:
1) The plan conforms in all pertinent respects to the approved preliminary development
plan provided, however, that the Planning and Zoning Commission may authorize plans
as specified in §153.053(E)(4);
2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation
within the site and to adjacent property;
3) The development has adequate public services and open spaces;
4) The development preserves and is sensitive to the natural characteristics of the site in a
manner that complies with the applicable regulations set forth in this Code;
5) The development provides adequate lighting for safe and convenient use of the streets,
walkways, driveways, and parking areas without unnecessarily spilling or emitting light
onto adjacent properties or the general vicinity;
6) The proposed signs, as indicated on the submitted sign plan, will be coordinated within
the Planned Unit Development and with adjacent development; are of an appropriate
size, scale, and design in relationship with the principal building, site, and surroundings;
and are located so as to maintain safe and orderly pedestrian and vehicular circulation;
7) The landscape plan will adequately enhance the principal building and site; maintain
existing trees to the extent possible; buffer adjacent incompatible uses; break up large
expanses of pavement with natural material; and provide appropriate plant materials for
the buildings, site, and climate;
8) Adequate provision is made for storm drainage within and through the site which
complies with the applicable regulations in this Code and any other design criteria
established by the City or any other governmental entity which may have jurisdiction
over such matters;
9) If the project is to be carried out in progressive stages, each stage shall be so planned
that the foregoing conditions are complied with at the completion of each stage; and
10) The Commission believes the project to be in compliance with all other local, state, and
federal laws and regulations.
9
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14- 077PDP -FDP 0 200 400
Preliminary Development Plan /Final Development Plan
C1 of Dublin Shade on Muirfield Feet
7148 Muirfield Drive
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Mccune
May 21. 2012 Page 14
- 4
5. Tartan Ridge - Section 2, Part 2 - Final Plat
6. Tartan Ridge - Section 2, Part 3 — Final Plat
7. Tartan Ridge - Section 4 - Final Plat
SECOND INGIP 13 EARING - ORDINANCES
Ordinance 35-12
Rezoning Approximately 4.91 Acres, on the East Side of Avery- Mulrfleld Drive
Approximately SOD Feet North of the Intersection with Tara Hill Drive, from
PUD, Planned Unit Development District (Indian Run Meadows Commercial) to
PUD, Planned Unit Development District (Indian Run Meadows Commercial
Revised) to Revise the Development Text to Permit up to 1,680 Square Feet of
Outdoor Patio Area in Front of an Existing Restaurant (Mary Kelley's) within the
Shoppes at Athenry Shopping Center.
(Case 12- 017Z /PDP /FDP)
Ms. Husak stated that, in addition to the discussion that has occurred this evening, the
applicant also has plans to address the concerns raised at the last Council meeting
regarding the existing patio at the shopping center. The applicant has committed to
Including a section of fence at the northern end of the existing patio to discourage any
serving for patio patrons to occur through that space. The Code requires a gate at one of
the two exits, and that gate is to be located on the south side. Staff recommends
approval of the amendment to the development text to allow this patio with those
changes.
Jill Tanaeman. Vows, Sater. 5eYMQMrarnd Pease. 52_F. Gay Street, attorney for the
applicant stated that, following the last Council meeting, she and Mr. McCash met and
further discussed closing off the existing patio, the installation of the gate at the south end
and the fence at the northern end. No further revisions occurred. It Is her understanding
that Mr. McCash is in agreement with those revisions.
Tom MTAk. 55 S. High_StrW representative for the residents, stated that the residents
are in support of this provision. Obviously, there has been a long history related to the
Conditional Uses. The residents have consistently argued that this was not a Permitted
Use and that a rezoning was required. The applicant has now done so and addressed
some of the residents' concerns through that rezoning process, Including switching the
gate to a fence at that location to avoid a potential, additional negative impact on the
residents. In the spirit of balancing the interests, the residents have agreed to support this
rezoning. It is hoped that in the future, the other issues discussed tonight are also
addressed, and that this commercial development and the neighbors can co -exist in
harmony.
Vote on thg Ordinance Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-
Zuercher, yes; Vice Mayor Salay, yes; Mr. Gerber, yes; Mayor Leckilder, yes.
Resolution -12
Appointi Member to an U iced Tenn on rsonnel Board
Vice May lay requested that Is legislation be post ned to the June 4 C
There as no obyedion to postponement.
O ER
Branding Update
Grkgsby stated at the information branding, which w provided m Coun
packets, describes general what is bei done citywide. is a coordinated e
with Economic elopment, influencin the information an atenal that Is pro ,
and the lai ua and words used to be the Gty's dis and projects. S has
also been w ing with a firm to Ip identify some he issues that n to be
considered m a local, state an temational perspe e. An update on th efforts
A 14- 077PDP -FDP
Preliminary Development Plan /Final Development Plan
Shade on Muirfield
7148 Muirfield Drive
Minutes of
M "C " UQ6 MAW, WG. FOW NO -0-0
Held
May 7, 2012
Ms. innici- Zuercher mov to dispense with
gency legislation.
e Mayor Salay seco ed the motion.
Meeting
Page 6
',
hearing and t this as
Xyes; r. Gerber, yes; Mr e einer, yes; Vice
Lecldider, yeng, yes; Mr. Kee yes; Ms. Chinnic
o Mr. Reiner, y , Mr. Keenan, yam; N�
Mayor Lecklice Mayor Sal ,yes; Mrs. Bor ing, yes; yes.
/ay, yes; Mayor , yes.
Chinnia- Zuercher, ;
Ordinance 35 -12
Rezoning Approximately 4.91 Acres, on the East Side of Avery- Muirfield
Drive Approximately S00 Feet North of the Intersection with Tara Hill Drive,
from PUD, Planned Unit Development District (Indian Run Meadows
Commercial) to PUD, Planned Unit Development District (Indian Run
Meadows Commercial Revised) to Revise the Development Text to Permit
up to 1,680 Square Feet of Outdoor Patio Area in Front of an Existing
Restaurant (Mary KeDey's) within the Shoppes at Athenry Shopping
Center.(Case 12- 017Z /PDP /FDP)
Vice Mayor Salay introduced the ordinance.
Ms. Husak stated that this ordinance amends the development text for the Indian Run
Meadows PUD, specifically for the commercial standards of that PUD to allow a patio
for the Mary Kelley's Restaurant. The site is on Muirfleld Drive, just north of Tara Hii;
Drive in the Shoppes at Athenry Center.
• The red box indicates where the patio area is proposed in front of Mary Kelley's
tenant space, divided into two portions. The patio is proposed for construction
in two phases, and would be 1,680 square feet at build out of Phase 2. There
is a patio space that was constructed when the Center was built, but it has
never been approved for use as a patio. There were many concerns expressed
by adjacent residents regarding noise, odor pollution, and general operational
issues for the Center. In an attempt to alleviate those concerns, the property
owner has been working on a proposal for a patio area in front of the
restaurant. That is the subject of tonight's application for consideration.
• The original patio area was approximately 1,800 square feet and the Center is
parked to accommodate this. As proposed in the new development text, the
maximum allowable area of the patio would be 1,680 square feet, which means
dhere would be parking available in the Center for this patio. If the owners
would attempt to use the existing patio area in any manner — as either a patio
or enclosed area — the applicant would need approval through a development
text amendment. It cannot be used in conjunction with this application.
• The Planning and Zoning Commission reviewed the application at their April
meeting and some residents, represented by Mr. McCash expressed concerns
about limiting the patio area in the Center to only this particular space and
application. They requested that the text clarify that any other patio areas that
would proposed by any other tenant in the Center would also require a
rezoning. This change was incorporated in the text forwarded to Council.
• In addition, there is a gate proposed to close off the existing patio area so that
there would not be anyone loitering or smoking in that area. This is part of the
application as well.
• The patio amenities of planters, flower boxes, chairs, tables, umbrellas have all
been approved by PZC as part of the final development plan. These are also
described in the development text.
• There is also a prohib1ion aga?nst any music in response to the neighbors'
concerns about noise.
Staff recommends approval at the second reading /public hearing on May 21. The
applicant has worked with staff to revise their plans in response to the Commission's
concerns that were shared in conjunction with the final development plan review.
RECORD OF PROCEEDINGS
Dublin City Council
14- 077PDP -FDP
Preliminary Development Plan /Final Development Plan
Shade on Muirfield
7148 Muirfield Drive
RECORD OF PROCEEDINGS
- Minutes of Du blin City Council Mrei ng
Mayor Lecidider invited public testimony.
Farid Masri, 7061 Cavalry Court stated that Mr. McCash contacted the Mayor to
indicate he could not be present tonight. There are a couple of items that they are
still working on with the applicant and they hope to have resolution prior to the next
reading. Mr. McCash indicated that he will address those issues either before the next
meeting. On a personal note, this is the first time he an recall a zoning case where
input from the neighborhood was not sought through a meeting prior to the Council
and Commission meetings. This sets a bad precedent.
Ms. Chinnici - Zuercher asked about the outstanding issues he has referenced, as the
report provided tonight indicates that the issues have been resolved.
Mr. Masri responded that Mr. McCash will address the issues. He is not privy to share
them, as he is represented by Mr. McCash.
Ms. Chinnici - Zuercher asked Ms. Husak if what staff has presented tonight in terns of
the resolution of the issues is accurate.
Ms. Husak responded that what Council has been provided fulls all of the conditions
of the Planning and Zoning Commission. Mr. McCash agreed to these conditions at
the PZC meeting. There are a couple of issues that cannot be addressed, such as
storing the patio furniture inside during the off - season. The applicant has agreed to
store the furniture during the off- season, and staff has agreed to check on this each
year.
Mrs. Boring commented that waiting to submit written comments until the second
reading makes it difficult to address them. Given this is a patio request, the timing is
important as well.
Mr. Masri responded that Mr. McCash submitted documents for the Commission
hearings, including parking issues with the back of the Center, access and service to
the patio, and other concerns.
Ms. Chinnici - Zuercher stated that the access and service issue has been resolved,
according to the materials.
Ms. Husak added that staff was in contact with Mr. McCash last week. He asked to
review the materials submitted to Council and she has not heard anything in response.
Ms. Chinnici - Zuercher commented that, according to the PZC minutes, the requests
made by Mr. McCash were accommodated. She does not understand why there would
be any new issues that Mr. Masri cannot articulate tonight in Mr. McCash's absence.
Mr. Masri noted that one of the issues that they submitted documents about are the
ongoing parking violations in the Center that have never been addressed. He provided
a document that dates back to a Public Services Committee of Council meeting of
2000 that indicates parking behind the Center is not allowed and is to be addressed.
The Law Director's other agreed to look Into this and make this an enforcement issue.
Ms. Chinnici- Zuercher responded that parking in the back is a Code violation and the
Code Enforcement staff have addressed this on a regular basis.
Mr. Masri responded that it has never been addressed.
Ms. Readier noted that Code Enforcement is an ongoing matter. Tonight's focus
relates to the rezoning application under consideration.
Ms. Husak stated that the document submitted by Mr. Masri is already included in the
Council packet.
Mayor Lecklider stated that this matter was then addressed at the Commission
hearing.
Ms. Husak reiterated that this Issue is not part of this rezoning application, but in order
to provide a complete record, staff included the information in the packet.
Mr. Masri stated for the record that in previous years, the prior Commission had
recommended this issue be addressed before moving forward.
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RECORD OF PROCEEDINGS
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Mrs. Boring stated that the tenants at the Center do change over, and there have
been issues addressed year to year regarding these complaints. Can Council legally
deny a rezoning request based on the existence of these parking issues? These are
two separate issues, correct?
Ms. Readler responded that is correct. There are a set of standards for the rezoning
that involves the development application before Council. To the extent there are
parking or Code Enforcement issues, it is a separate matter that can be addressed
separately.
Mr. Masri clarified that the residents are not requesting the rezoning request be denied
on this basis; they are requesting the Code violation issues be addressed at the same
time as the rezoning. There is correspondence that was sent to some Council
Members, but there has been no response despite the requests made since 2000.
Ms. Chinnici- Zuercher asked staff to review the Code Enforcement reports regard to
the tenants at the Center and provide an update to Council. This has been an ongoing
issue for Code Enforcement, as everyone is aware.
Ms. Grigsby added that there have been complaints in various areas of the Center, and
Code Enforcement has followed up on those. Staff will provide an update for the May
21 meeting.
Mr. Masri asked for a copy of those reports as well.
Mayor Lecidider noted that over the past 12 -18 months, he has forwarded a number of
communications from Mr. Masri to staff for follow -up. It is his understanding that staff
has responded to the complaints.
Ms. Grigsby responded that when such correspondence is forwarded to her, she
discusses the Code Enforcement matters with Greg ]ones. On occasion, he has
spoken to the residents directly regarding the concems - in particular, to Mr. Masri or
his wife.
Mr. Masri clarified that the power washing issue was addressed, but the parking issues
were never addressed.
Mayor Lecklider indicated that staff's report will provide the information regarding
these matters.
Mayor Lecklider asked about the City's practice of contacting the neighbors about a
pending rezoning, and whether this did not in fact occur with this rezoning.
Ms. Husak responded that the Code required notification was sent to all residents
within 300 feet of the property for the Commission hearing. The applicant did not
have a neighborhood meeting with the residents because the application is exactly the
same as what was reviewed informally by the Commission in 2010. At that time, there
was a three -hour hearing before the Commission. Staff did not suggest that the
applicant meet with the neighbors because the application was identical. If no
significant changes are made to an application, staff does not request that the
applicant meet again with the neighbors.
Vice Mayor Salay recalled that the application in 2010 was viewed favorably by the
neighbors. The main issue at that time was related to the outparcel. Using this space
as the patio was not an issue at that time.
Ms. Husak responded that Mr. McCash was also involved at that time and has
remained in contact with staff regarding this application. He represents many of the
neighbors who have had issues with the Center. There was much positive feedback
from the neighbors at the 2010 hearing.
Mayor Lecklider added that he does recall there was a difference of opinion among
those who lived close to the site and those who lived some distance away.
Ms. Husak agreed, adding that many of the complaints from the close neighbors have
centered on the issues raised by Mr. Masri - parking, noise from trash removal at
night, etc. It is somewhat difficult to separate them from a potential patio operation.
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RECORD OF PROCEEDINGS
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_ 7.2912
Mayor Lecklider stated that in the presentation, she noted that there was concern that
this patio use be for only Mary Kelley's and that the rezoning would not give blanket
permission to other tenants In the Center for patio use. He understands that this
concern has been addressed in the text.
Ms. Husak responded that the text specifically idendfies the tenant space — not the
Mary Kelley's Restaurant per se for this patio use. However, by virtue of this rezoning,
no other tenant space is entitled to a patio use.
Ms. Readler added that, in fact, this rezoning makes it more difficult to do so. The
main patio to the south of Mary Kelley's restaurant was addressed in a settlement
entry that indicated the applicant would need a rezoning approval or a conditional use
approval to use R. Mr. McCash had requested that the text specify it require a
rezoning approval, and this was changed in the text. Therefore, if anyone requests
any other patio use in the Center, it would require a full rezoning — with hearings at
the Commission and with Council.
Mayor Lecklider noted that meeting the parking requirements may also prevent future
patio use, as well.
Mayor Lecklider summarized that the issues reported by Mr. Masn tonight are related,
but are not legally and technically related to the rezoning matter. Nevertheless, there
is opportunity for further public testimony at the second reading.
Ms. Chinnici- Zuercher stated that in order to avoid a lengthy discussion at the next
reading about items unrelated to this case, staff should communicate with Mr. McCash
about the issues that are pertinent. Her understanding is that the issues have been
resolved by the City agreeing to change the text to accommodate the requests. Other
items not related to the case could be put in writing to the City Manager for Code
Enforcement staff to address.
Ms. Readier responded that staff will follow up with Mr. McCash. She has had
discussions with Mr. McCash, and ]ill Tangeman, attorney for the applicant, has had
discussions with him as well.
Mayor Lecklider asked why the project will be phased.
Ms. Husak responded that it relates to the desire to determine if it is financially viable
before building it out at a later date.
Mayor Lecklider stated, assuming this is approved, is it likely that Phase One would be
open for the upcoming season?
Ms. Husak responded that the applicant's representative can address this question.
]ill Tangeman Vorvs Sater. Seymour and Pease. 52 E Gay Street attorney for the
applicant noted that she is new to the Mary Kelley's situation, given that there has
been communication and issues raised in the past. She was retained for the patio
issue and that is all that has been addressed. She has spoken to Mr. McCash on
several occasions and, as of last Wednesday, he had indicated that his clients would
support passage as an emergency, if the applicant so requested. They have not
requested passage by emergency, but this does seem to indicate Mr. McCash's clients'
comfort with the application. If there are outstanding issues relative to this patio
application, it seems Mr. McCash would have indicated that prior to tonight's hearing.
In terms of phasing, it is a monetary issue. Mary Kelley's wants to ensure this is
financially feasible before purchasing tables and impacting the landscaping. For this
season, they plan to do only the first phase. By the time this rezoning would be in
place, the Memorial Tournament would have taken place, which is a busy time for a
patio use. They want to have the experience of having the patio over the summer to
determine whether they should pursue the second phase.
Mr. Gerber asked about Condition #6 that indicates all service to the patio shall occur
from the front of the restaurant tenant space. In reading the PZC minutes, it seems
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RECORD OF PROCEEDINGS
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Heil
May 7, 2012
meetrE }m
Page 10
the applicant was working to strike a balance with the neighbors to keep the noise
level down, and therefore indicated they would serve the patio from the front. He is
concerned with servers bringing food through the main doors as patrons are existing
and entering.
Ms. Husak responded that, operationally, this is the understanding of how this will
work. One option, perhaps not completely explored by the applicant, is whether they
could modify the front windows and add a door to the patio. This application would
not preclude that from occurring at the front of the building.
Mr. Gerber stated that there is a side door in place that would allow such patio service.
Ms. Tangeman added that the applicant has indicated the front has double doors and
it will not be problematic during the first phase. With the second phase, they may
consider installing a separate doorway through the glass front. The neighborhood did
not want servers using the side door.
Discussion continued about other restaurants with patio service and how their
operations work as weL as the neighborhood desire for the side door not to be used.
Ms. Tangeman indicated that according to Mr. Kelley, the location of the kitchen
makes At preferable for the patio servers to use the front door. Again, the second
phase may prompt the need for other options to be explored.
Mr. Reiner asked how quickly this patio could be implemented, i.e. obtaining a building
permit, patio permit, etc. should this rezoning be approved.
Ms. Husak responded that they do not need a patio permit, and they may not need a
building permit. They would need a Certificate of Zoning Plan Approval, which could
be accommodated within a week or two.
Mr. Reiner stated that this will be an enhancement to the restaurant and the overall
quality of Dublin, so he wants to ensure this can be implemented quickly.
There will be a second reading /public hearing at the May 21 Council meeting.
Resolution
Waiving C hpetitive Bidding
C of the Revised
12 Dublin Ltish F
introduced the r lui
for the
Mr. Gel
'ements Purs nt to Section 7
for the Purgliase of Alcoholic I
Ms Roy stated this is annual request. C rs has again agree o sponsor the
I Festival with their Ilian's brand. In rdance with this, beverages are
purchase from Sup or Beverage, the so supplier of Kdlian's ' Central Ohio. She
offered to respond questions.
Mr. Reiner, Mayor Lecklider, ; Mrs. Boring, yes ice
Mayor Selay, ; Mr. Gerber, yes; Chinnici-Zuercher yes; Mr. Keenan, y
OTHER
• uest for waiver to w alcohol to be se at 2012 Dublin Ir Festival
Ms. L y stated that this i request for a waiv to allow alcohol to served in
Coff n Park for the 25` nual Dublin Irish F ival. Events staff closely with
thlftlice division to en proper controls a in place for safety. offered to
r nd to questions.
Mayor Lecklider m approval of the aver.
Mr. Reiner secon the motion.
Vote on • Mr. Keenan, ye Ms. Chinnici -Zuerc , yes; Mr. Reiner,
Mayor Lecklid , yes; Mrs. Boring, s; Vice Mayor Sala y es; Mr. Gerber, yes
14- 077PDP -FDP
reliminary Development Plan /Final Development Plan
Shade on Muirfield
7148 Muirfield Drive
It of Dublin
Land Use and Long
osnlerWo,Road PLANNING AND ZONING COMMISSION
Dublin, Ohio 43016 -1236
qun 614.410.4607
614.410.4)4) RECORD OF ACTION
fix
www.dubllnohlousagov
APRIL 12, 2012
The Planning and Zoning Commission took the following action at this meeting:
1. Indian Run Meadows PUD - Shopped; At Athenry - Mary Kelley's Patio
7148 Muirteld Drive
12- 017Z /PDP /FDP Rezoning /Preliminary Development Plan/
Final Development Plan
Proposal: A revision within the development text to permit up to 1,680 square feet
of outdoor patio area in front of an existing restaurant within the
Shoppes of Athenry shopping center. The application also includes all
final design details of the proposed patio. The site is located within the
Indian Run Meadows Planned Unit Development on the east side of
Avery-Muirfield Drive approximately 500 feet north of the intersection
with Tara Hill Drive.
Request: Review and approval of a rezoning/preliminary development plan and
final development plan application under the provisions of Zoning Code
Section 153.050.
Applicant: Pat Kelley, represented by Jill Tangeman, Esq.
Planning Contact: Claudia D. Husak, AICP, Planner II.
Contact Information: (614) 410 -4675, chusak @dublin.oh.us
Motion 1- Rezoning with Preliminary Development Plan:
To recommend approval to City Council of this rezoning with preliminary development plan because R
meets the applicable review criteria and the development standards in the area with one condition:
1) That the development text be amended to delete the language regarding additional patio areas
on page 4 and require a rezoning process to permit any additional patio areas.
4 Jill Tangeman, Esq, on behalf of the applicant, agreed to the above conditions.
VOTE: 5-0.
RESULT: This Rezoning/ Preliminary Development Plan application was approved.
RECORDED VOTES:
Chris Amorose Groomes
Yes
Richard Taylor
Yes
Warren Fishman
Yes
Amy Kramb
Yes
John Hardt
Recuesed
Joseph Budde
Yes
Victoria Newell
Recuesed
14- 077PDP -FDP
Preliminary Development Plan /Final Development Plan
Shade on Muirfield
7148 Muirfield Drive
1. Indian Run Meadows PUD — Shoppes At Athenry — Mary Kelley's Patio
7148 Muirfield Drive
12- 017Z /PDP /FDP Rezoning /Preliminary Development Plan/
Final Development Plan
Motion 2— Final Development Plan:
Mr. Taylor made the motion to approve this Final Development Plan application because the proposed
modifications are consistent with surrounding development and the applicable review criteria and
requirements of the Zoning Code with six conditions:
1) That gates be installed for both patio areas; and
2) That all outdoor furniture be stored out of sight from November 1 to April 1 unless the
furniture is set -up for use, not covered In any way and weather conditions are appropriate for
use;
3) That the patio fence be removed if the restaurant discontinues use of the space;
4) That the applicant work with Planning to decrease the patio area along the sidewalk to provide
additional sidewalk area;
5) That the plan be revised to place the Flower boxes inside the fence; and
6) That all service to the patio occur from the front of the restaurant tenant space.
JIII Tangeman, Esq, on behalf of the applicant, agreed to the above conditions.
VOTE: 5-0.
RESULT: This Final Development Plan application was approved.
RECORDED VOTES:
Chris Amorose Groomes
Yes
Richard Taylor
Yes
Warren Fishman
Yes
Amy Kramb
Yes
John Hardt
Recuesed
Joseph Budde
Yes
Victoria Newell
Recuessed
STAFF CERTIFICATION
egZ 0 1.WTom. IAWy
Claudia D. Husak, AICP
Planner II
14- 077PDP -FDP
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I of Dublin
Land Use and Long
Range Planning PLANNING AND ZONING COMMISSION
5800 Shier Rings Road
Dublin, Ohio 43016 -1236
phone 614.410.4600 MEETING MINUTES
fax 614.410.4747
www.dubli nohiousa.go, APRIL 12, 2012
1. Indian Run Meadows PUD — Shoppes At Athenry — Mary Kelley's Patio
12- 017Z /PDP /FDP 7148 Muirfield Drive
Rezoning /Preliminary Development Plan
Final Development Plan
John Hardt and Victoria Newell recused themselves from this case.
Chair Chris Amorose Groomes introduced this request for review and approval of a revision of the
development text to permit up to a 1,680- square -foot patio area in front of an existing restaurant. She
said that the application also includes all final design details of the proposed patio. She said the site is
located within the Indian Run Meadows Planned Unit Development on the east side of Muirfield Drive,
north of the intersection with Tara Hill Drive. Ms. Amorose Groomes said the application contains two
components, and the Commission will have to make two motions. She said the preliminary development
plan requires the Commission to make a recommendation to City Council and the Commission is the final
authority on the final development plan. She swore in those intending to address the Commission on this
case including the representative for the application, Jill Tangeman, Vorys, Sater, Seymour, and Pease,
and City representatives.
Jennifer Readler provided a summary of two pieces of litigation in the past involving this shopping center.
She said the first case, filed by the City involved an injunction, enjoining the use of the patio space
existing today to the south of the Mary Kelley's tenant space. She said in that lawsuit, the parties
entered into a settlement and as part of that settlement entry it if outdoor seating cannot be set up on
that specific patio area unless conditional use or rezoning approval is obtained. Ms. Readler said the
entry only spoke to that limited piece of the parcel.
Ms. Readler said the second case was more recent and it involved an outparcel that was disapproved by
the Commission in 2006 -2007. She said there was a 2506 case filed by the center owner. She said the
Municipal Court reversed the Commission's decision and the City of Dublin appealed that to the Court of
Appeals who reversed the Municipal Court remand. She said the Municipal Court, in turn remanded it to
the Commission. She said around July 2010, there was a very extensive hearing where a proposed
settlement was discussed at length to dismiss the case and that involved all kinds different of
components. Ms. Readler said that City Council decided at that point that it was not feasible to complete
those settlement negotiations, and so they were called off and nothing further happened in the case until
recently when the landowner came through again with a proposed space in front of the Mary Kelley's
tenant space, which had been previously discussed as one component of a settlement agreement in July
2010. She said they filed a voluntary dismissal of the 2506 case on March 29 and then filed this
application which is primarily just related to that patio use in front of the Mary Kelley's tenant space.
Ms. Readler said that the outparcel litigation really had nothing to do with the patio use, but they used
patio seating in front of Mary Kelley's as a way to possibly settle the case. She said this was a completely
new application and there has not been a court case involving this outdoor seating in front of this tenant
space.
Warren Fishman asked what was the negotiation about the space where the original patio was to be
located. He asked if it could be developed now.
Ms. Readler explained that the text presently says that they have to get a conditional use approval for
outdoor seating, so they would have to come back before the Commission. She said that they have ---1 DP FDP
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Dublin Planning and Zoning Commission
April 12, 2012 — Meeting Minutes
Page 2 of 5
discussions with the residents' attorney and the applicant's attorneys, so she thought they were going to
suggest striking that section in the text so that if they want to come through with additional patio space
anywhere else on the site, including that existing patio space to the south, they would have to come in
for a full rezoning.
Mr. Fishman asked if they could build on the space that originally was to be the patio.
Claudia Husak said they could only build on it if they came back to the Commission for an amended final
development plan as well as an amendment to their parking requirements. She said they do not have
enough parking on their site to allow additional use without any kind of relief from the Commission.
Mr. Fishman said that space then, would never be a building or patio unless they came in for an approval.
Ms. Husak presented a site map. She said there is an amendment proposed to the development text that
would permit 1,680- square feet of patio area by right for this particular tenant space. She said another
portion of the application; the final development plan shows all of the patio details. She said the
development text addresses the size, location, amenities, and the operational details of the patio. She
presented picture of Mary Kelley's with the patio proposed on either side of the main entrance in the
landscaped area.
Ms. Husak explained that the final development plan consists of two phases for the patio, but the
Commission is asked to eventually approve Phase II, knowing that the patio will be built in two phases.
She said there is a patio portion proposed north of the main entrance and a portion south of the main
entrance. She said the two trees that exist within that area will be maintained and intended to be
incorporated into the patio. She said a mixture of four, two, and three patron seating areas are
proposed. Ms. Husak said the patio is proposed to be enclosed with a fence. Ms. Husak said the final
development plan also includes two small gates for the area, which is not fully enclosed that is the
existing patio area. She said due to many concerns of residents about people using that space to smoke,
talk, or loiter the applicant has agreed to fully enclose that area with two small portions of a fence.
Ms. Husak presented the patio amenities that are described in the proposed development text
amendment and included in the final development plan. Ms. Husak said that the fence proposed is the
same as is used at the Matt the Miller's Restaurant. She said the applicant is also proposing planters to
be hung off the patio railing and planters with flowers landscaping within the patio area. She said black
wrought iron chairs are proposed.
Ms. Husak said that Planning proposes two conditions on the final development plan, one about the
offsite storage of patio furniture during off seasons and the eight -foot gaps on either side be fenced in or
that gates be installed in those two areas. She said Planning has no conditions proposed for the
development text.
Jill Tangeman, Vorys, Sater, Seymour, and Pease, representing the applicant said that they were trying to
strictly limit this to the patio area. She said that they had discussed with Tom McCash two amendments
to which they agreed that any future patio areas would have to come to the Commission as a rezoning
and that all access to this patio is through the front door.
Ms. Amorose Groomes invited comments from the public regarding this application.
Tom McCash, 55 South High Street, Suite 210, representing 27 adjoining property owners, said that they
had tried to reach a compromise on this issue, addressing their concerns raised in 2010. He said the
residents were concerned with the use of this site currently and with any future rezoning effecting their
property values and quality of life. He said in the spirit of compromise and in trying to move this forward
they have looked at the proposed development text, and the sentence that provides any other patio
areas may be permitted through the approval of a conditional use by Planning and Zoning Commission
according to the Zoning Code, they have asked the applicant if they would agree to strike the sentence
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and they have agreed to that particular provision. Mr. McCash said his clients are happy with having the
provision that would in essence require that any other outdoor seating on this site would have to come
through as a rezoning and they could address those particular issues at that time.
Mr. McCash said another matter they had concern with on the final development plan proposed is access,
and how that particular outdoor patio area is served. He said the on the plan in both Phase I and II, two
gates are proposed in the formal patio area designation. He said there has been a consistent problem in
the past where that area has been used for access from the bar for smoking and loud conversations
which creates problems for the neighbors because it is a very cavernous, noisy area. He said it has been
a consistent problem with the conditional use applications before the Commission. Mr. McCash said that
they did not want to see that area being used now for service to the patio area for wait staff and
bartenders with plates, dishes, and things like that. He said as long as there is a condition with the final
development plan that the patio areas are only serviced from the front entry, which Mr. Hammond and
Ms. Tangeman have agreed is the way they are going to serve the patio, and not used for service of the
patio, they would be fine with it.
Warren Fishman said that he thought this would be a wonderful addition to the shopping center. He
asked if music and so on would be allowed on the patio.
Ms. Husak explained that the development text specifically prohibits it.
Mr. Fishman said he felt that it should be allowed, only because they face into the shopping center and it
could do nothing but enhance the value of the center. He pointed out that at the Shoppes at River
Ridge, there was music all the time, and it was very pleasant. He said this patio will add vibrancy to the
center and he could not see how it would affect the neighbors at all to have music in the center.
Ms. Husak said that it is in the details of the patio as proposed in the development text, that music is
specifically prohibited with the idea that the patio area is supposed to be as low- impact as possible
toward the adjoining residences.
Mr. Fishman said that Tucci's always had music on their patio, and on the front patio here, it was far
away from the neighbors. He said he hesitated to prohibit that here.
Joe Budde said he was empathetic to the neighbors' situation, but he applauded Mr. McCash for working
to try to come up with some compromise that appears to be acceptable. He said he thought it would be
a nice addition, but he did like the conditions that will help the neighbors feel more secure that there will
be the least amount of impact to them as possible. Mr. Budde said he supported it and liked the quality
of what is being done.
Amy Kramb suggested that the standard condition language used for previously approved patios
regarding the use of outdoor furniture be added for consistency. She asked about the size of the two
gates used to close the eight -foot gaps in the fence. She was concerned that an eight -foot gate would
swing into the walkway.
Ms. Husak explained that the details had not been reviewed by Planning. She said that the intention was
that it might be a four -foot gate and two additional pieces of fence. She said a sidewalk, eight -feet or
more went into the restaurant.
Ms. Kramb said because there was not a large waiting area, people would be waiting outside. She said
she preferred that the gates opened inward.
Ms. Husak said she was concerned that there might be a Code requirement that the gates open outward
to allow people to leave faster.
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Ms. Amorose Groomes said that the condition could be made that the gate would be subject to approval
by staff.
Ms. Kramb asked about the timelines for Phase I and II. She asked if Phase II was an option that might
not be built.
Ms. Tangeman said it was a financial matter at this time. They did not want to remove the landscape
beds and tables if the patio was not successful for some reason. She said it was an option.
Ms. Kramb asked if tables would be added to Phase I rather than spending money on Phase II.
Ms. Tangeman said they could only do what was shown for Phase I, unless they went to Phase II.
Richard Taylor said he agreed that the condition about the tables and chairs should be consistent with
the condition on previously approved patios. He did not think music should be permitted and that the
text should remain as it is proposed. He said he was fine with two patios. He pointed out there was six
feet from the back of the curb to the fence, a light pole, and flower boxes, so there was plenty of space
for people to walk. Mr. Taylor suggested more might be better. He noted that including Phase II, at
build out there will be 1,680 square feet of seating area, about 25 square feet per seat for 67 seats. He
said if this were inside the building, the Building Code would allow as low as 15 square feet, which would
be 112 seats. He said there was plenty of room to move the fence away from the curb to make the
walkway a little wider and still have more than enough room for 67 seats. He said he wanted it pushed
back to provide plenty of room.
Ms. Kramb recalled that for other patio applications, that the Commission has asked that the flower boxes
hang to the inside, to make sure there is that extra space.
Mr. Taylor said he did not think it would be as pretty that way.
Ms. Amorose Groomes recalled that Sunny Street Cafe was required to hang the planters on the inside of
the fence. She said she liked it that way.
Mr. Taylor pointed out that the patio space at Sunny Street Cafe was really limited and underneath the
canopy of the building. He said he would like to see the fence moved back a foot or two away from the
curb.
Gary Schmidt, Landscape Architect, Floyd Browne Group, 3763 Columbus Pike, Delaware, said that they
looked at making it wider, and it did not work as well to get the tables in there, however, they can take
another look at it. He said that five feet is the minimum, and they are over that.
Mr. Taylor said the difference here is that it was originally designed as something of a gathering area in
front of the whole center, and now they are privatizing that area. He said by making the sidewalk wider,
he thought a little of that would be given back to the public.
Ms. Tangeman said they would be happy if it was left to staff. She said that Mr. McCash had mentioned
there may be an ADA issue if the fence is moved. She agreed to a condition that they work with Planning
with the location of the fence.
Mr. Taylor noted that on the top left corner of the drawing where the fence angled back towards the
business to the north, in Phase II, the fence was moved and straightened, but it was not shown on the
other drawing. He said that area on the other drawing was shown as becoming paving. He said the
fence in Phase I and II were identical, except for that. He suggested the fence could be built in Phase I
instead of moving it so that they would be done with it.
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Dublin Planning and Zoning Commission
April 12, 2012 — Meeting Minutes
Page 5 of 5
Mr. Taylor noted that at the very end of the development text, there were two typos. He said on Page 4
of 4, the proposed development text #2, the last sentence, 'No addition' should be 'No additional lighting
and the end of the sentence, Patio operations shall seipe cease at 11 p.m.
Ms. Amorose Groomes said she would like the flower boxes moved to the interior of the patio to provide
more clearance for the exterior sidewalk.
Mr. Fishman said he was very happy to see that Mr. McCash and Mary Kelley's work out a compromise.
He said regarding the music, if it affects the neighbors, he withdrew his suggestion.
Motion #1 and Vote — Rezoning with Preliminary Development Plan
Mr. Taylor made the motion to recommend approval to City Council of this rezoning with preliminary
development plan because it meets the applicable review criteria and the development standards in the
area with one condition:
1) That the development text be amended to delete the language regarding additional patio areas
on page 4 and require a rezoning process to permit any additional patio areas.
Mr. Fishman seconded the motion.
Ms. Tangeman, on behalf of the applicant, agreed to the above condition.
The vote was as follows: Ms. Kramb, yes; Mr. Budde, yes; Ms. Amorose Groomes, yes; Mr. Fishman,
yes; and Mr. Taylor, yes. (Approved 5 — 0.)
Motion #2 and Vote — Final Development Plan
Mr. Taylor made the motion to approve this Final Development Plan application because the proposed
modifications are consistent with surrounding development and the applicable review criteria and
requirements of the Zoning Code with six conditions:
1) That gates be installed for both patio areas;
2) That all outdoor furniture be stored out of sight from November li to April ls unless the
furniture is set -up for use, not covered in any way and weather conditions are appropriate for
use;
3) That the patio fence be removed if the restaurant discontinues use of the space;
4) That the applicant work with Planning to decrease the patio area along the sidewalk to provide
additional sidewalk area;
5) That the plan be revised to place the flower boxes inside the fence; and
6) That all service to the patio occur from the front of the restaurant tenant space.
Mr. Fishman seconded the motion.
Ms. Tangeman, on behalf of the applicant, agreed to the above conditions.
The vote was as follows: Ms. Amorose Groomes, yes; Ms. Kramb, yes; Mr. Budde, yes; Mr. Fishman,
yes; and Mr. Taylor, yes. (Approved 5 — 0.)
14- 077PDP -FDP
Preliminary Development Plan /Final Development Plan
Shade on Muirfield
7148 Muirfield Drive
FENCE TO MATCH PHOTO (TAKEN FROM MATT THE
MILLER'S TAVERN, 6125 AVERY- MUIRFIELD DR.)
METAL POSTS WITH BEVELED CAP
RAIL
STEEL PICKETS
a MI AX -
EXISTING CHAIR
PATIO CHAIR TO BE WROUGHT IRON
CAFE SERIES, ROCKPORT SLIDE CHAIR
BY CONTRACT FURNITURE COMPANY.
TUBULAR STEEL FRAME WITH POWDER
COATED PAINT. COLOR: CHARCOAL
BLACK
NOT TO SCALE
PATIO TABLE TO BE 36" SQUARE SOLO
TABLETOP WITH BELMAR 4 TABLE RASE
BY CONTRACT FURNITURE COMPANY.
MELAMAINE TABLETOP WITH ALUMINUM
RASE. COLOR: CHARCOAL BLACK.
EXISTING TABLE
NOT TO SCALE
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18 "X18 "X18 "H F15ERGLA65 BOX PLANTER FENCE STYLE RAILING PLANTER
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RAILING AND BOX PLANTERS (PHASE 2)
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PROPOSED TABLE
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LIMITS OF FENCING
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PROJECT NO.: 12- 00073 -010
DESIGNED BY: GS
DRAWN BY: MBS
CHECKED BY: GS
DATE ISSUED: 07.14.14
FINAL
DEVELOPMENT
PLAN
1 OF 1
KAPROJECTS \KELLEY \12 - 00073 -01P (ATHENRYADESIGN \PLAN \SITE PLAN REVISIONS 7.14.14.DWG - 7/14/2014 3:18:00 PM
Contract Furniture Company Custom Brochure
Pagel of 5
CONTRACT FURNITURE COMPANY
Pr fessLovzaL c;raole Fkrvdture seUer
WWW.CONTRACTFURNITURE.COM
Custom Brochure
Thank you for your interest in Contract Furniture.
This is the custom brochure you created on our web site at www.ContractFurniture.com
For more information, or to place an order,
please call (310) 544 -2382 or toll -free at (800) 507 -1785.
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Contract Furniture Company
2325 Palos Verdes Drive West
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
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Phone: 310 -544 -2382 Toll Free:800- 507 -1785
Fax: 310 5442387 Toll Free: 800- 507 -1789
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Contract Furniture Company Custom Brochure
0
� Pro{'essi,��tL crAdt t` ui�w%i:ure
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36" Square S olo T abletop
change.
Product #: SOLO -3636
Our Price: $173.52
Specifications
Top Dimensions 36" Square
Material Molded Melamine
Page 2 of 5
Seats 4
Weight 31lbs
Molded melamine tabletop suitable for indoor and outdoor
use. Our tabletops are made by creating a resin wood
substrate and fusing melamine sheets to the top surface and
underside. The hardwood is first chipped into rice sized
pieces which are then dried and infused with resins. The
process renders each particle water resistant. Large presses
compress these resin wood particle into tabletops under heat
and pressure. The resulting tabletop is seamless as well as
weather resistant - it can't delaminate and resists warping.
These tops are scratch resistant, cigarette burn resistant and
alcohol resistant, enabling the tops to retain their look for
years. Rounded waterfall edge.
Special Order items have a lead time of approximately 4 to 8
weeks.
`Under long term use and UV light there could be slight color
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
Visit us on the web at www.ContractFurniture.com
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Contract Furniture Company Custom Brochure
' - Pro-�`essiaw.al trade 1= urw%i:ure
Belmar 4 Tab B
Product #: BEL -4
Our Price: $132.48
Specifications
Page 3 of 5
Width 26"
Depth 26"
Height 27.5"
Top Dimensions 36 "x36" Square/ 36" Round (max top size)
Material Aluminum
Weight 17 lb
Belmar Table Base Features
• Heavy Weight cast aluminum table base
• Added cast iron weight for additional stability
• Suitable for indoor or outdoor applications
• Standard dining height of 28"
• Included with 1/2" Glides
• Available in clear coat protected polished aluminum or black
pepper finish
• Shipped KD, ready to assemble
Suite #307
Palos Verdes Estates, CA 90274
sales@contractf urniture. com
Visit us on the web at www.ContractFurniture.com
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
http:// contractfumiture .com/brochure _print.php 1/26/2012
Contract Furniture Company Custom Brochure
7p> craefe i=urwiture
Rockpo Si de Ch
Product #: 2040700 -04
Our Price: $62.67
Specifications
Page 4 of 5
Width 21.5"
Depth 26"
Height 33"
Seat Height 17"
The design of our Rockport collection supports and cradles
the body in comfort and style. Constructed of commercial -
grade materials for strength and powder coated for
durability, the Rockport collection is an excellent choice for
almost any commercial application. This collection is
stackable and in stock for immediate shipment.
Wrought Iron Cafe Series Features
Frames are constructed of 13/16" high strength tubular steel
All furniture features fully - welded frames for strength and
durability
Metal furniture is electrostatically primed (e- coated) and
powder coated to resist corrosion, chipping, scratching and
ultraviolet rays
Standard tests performed: MEK rubs, mandrel bend, impact, salt spray and OUV - to ensure our powder coated
finishes meet high quality standards for commercial applications
Durable, heavy -gauge steel mesh resist warping and bending from continued commercial use, providing
outstanding structural integrity
3 -Year Limited Warranty
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
2325 Palos Verdes Drive West Fax: 310 -544 -2387 Toll -Free: 800 - 507 -1789
Suite #307
Palos Verdes Estates, CA 90274
sates@contractfurniture.com
Visit us on the web at www.ContractFurniture.com
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Contract Furniture Company Custom Brochure
Page 5 of 5
CONTRACT F COMPANY
T>ro fessLovwaL c,rc0e FLcrvdtkre SeUer
WWW.CONTRACTFURNITURE.COM
Showroom Loca
Below you'll find our showroom locations. Note that showroom visits are by appointment only.
Please call the showroom to schedule an appointment.
North American Sales Office and Showroom
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
Los Angeles Showroom
2325 Palos Verdes Drive West Fax: 310-544-2387 Toll -Free: 800-507-1789
Suite #307 Email: sales@contractfurniture.com
Palos Verdes Estates, CA 90274
New England and Mid- Atlantic Sales Office and Showroom
Contract Furniture Company Phone: 212 - 870 -0190 Toll -Free: 888 - 870 -0145
New York City Showroom Fax: 212 - 870 -0192 Toll -Free: 888 - 870 -0146
936 West End Avenue, Suite A -2
New York, NY 10025 Email: Gene@contractfurniture.com
Hawaii and Pacific Rim Sales Office and Showroom
Contract Furniture Company Phone: 808 - 625 -1000
Hawaii Showroom
ORBIT SALES Fax: 808- 625 -7008
Robert Small
Caves at Kipapa Email: info@orbitsales.com
Waipahu, HI 96797
Corporate Offic
Please direct general inquiries to our corporate office.
Contract Furniture Company Phone: 310 -544 -2382 Toll -Free: 800 - 507 -1785
Corporate Office Fax: 310 -544 -2387 Toll -Free: 800 507 -1789
2325 Palos Verdes Drive West
Suite #307 Email: rourke@contractfurniture.com
Palos Verdes Estates, CA 90274
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INDIAN RUN MEADOWS
COMMERCIAL USES
DEVELOPMENT STANDARDS
A. Yard Requirements
1. Front Yard setback: For structures and parking 50'.
2 Side and rear yard setback adjacent to residential uses: All structures 50', all
parking, service and loading areas 30': for non - residential uses, 25' setback for
structures and 15' for parking, loading and services areas.
B. Building Area Development Standards
1. Maximum building height: Shall not exceed thirty five (35) feet.
C. Parking Standards
1. Off street parking shall be provided at one space per 150 square feet in area or
at the rate required under the Dublin Zoning Code as it applies to commercial
uses, whichever is less.
D. Lighting Standards
1. All lighting in the area shall be cut -off type fixtures (down lighting) maximum
height of fixtures will not exceed 35'.
2. All external outdoor lighting fixtures to be used within a given development shall
be from the same family, or similar manufacturer's type, to insure aesthetic
compatibility. All light poles and standards shall be of wood or metal painted
black, brown, or bronze.
E. Signage and Graphics Standards
1. All signing shall be of ground type (no pole signs) and shall be of a standard
shape and frame. All sign frames shall be of natural wood, stone or metal painted
black, brown or bronze. Internally illuminated graphics with opaque background
shall be permitted, as well as externally lighted signs that do not interfere with
safe vehicular movement.
2 Types of signs prohibited include signs with flashing lights or changeable copy,
projecting signs, roof signs, billboards, co -ops signs, rotating signs, and trailer
type signs. Any directory signs shall be more than 30 feet from the right -of -way.
Page i of 4
3. Individual store graphics shall be integrated within the architectural design of the
facia and the background shall be of the same family and color.
F. Additional Development Standards
1. Curbcut locations: One full service curbcut and median cut into Muirfield Drive
will be provided to jointly service the commercial and institutional parcels to be
located on the common property line. There shall be only one full service cut into
the southerly right -of -way. One (1) right turn in- and -out curbcut shall be permitted
onto Muirfield Drive but have no median break. The Dublin Planning and Zoning
Commission may determine that an additional break or separate median breaks
for each use are more appropriate based on a Final Development Plan
2. Landscape Buffer
a. Where commercial development abuts residential development, a
landscape buffer will be installed containing a board -on -board fence as
detailed on page 9 and a landscape buffer of both deciduous shade,
ornamental, and evergreen trees. Minimum size at installation shall be 2-
1.2" cal for deciduous shade trees, 1 -1/2" cal for ornamental trees, and 6'-
8' on evergreen. Landscape plant material will be placed on the
residential side of the fence at a spacing of 1 tree per 15 linear feet of
property line. Landscape buffer will be installed prior to the beginning of
any construction on the sites. With the installation of Muirfield Drive, the
site will be graded and seeded. The developer or his successor shall mow
and properly maintain the site until it is developed.
b. The Muirfield Drive frontage of the multi - family site, commercial site,
office institutional site, church site, undeveloped single - family site, school
site, and park site shall be landscaped with plant material at least of a
size, quantity and quality that currently exists on the east side of Muirfield
Drive south of Tara Hill. The landscaping and mounding shall be in
conformity with the drawing contained in the Indian Run Meadows single -
family design guidelines. Weather permitting, landscaping and mounding
shall be installed contemporaneously with the construction of Muirfield
Drive. Mounding along both sides of Muirfield Drive and within the median
strip shall be sodded All other parcels shall be landscaped prior to
occupancy of any building on such parcel.
Landscape Frontage Treatment on Side Streets
A landscaped earth mound shall be installed where the commercial,
church, school, multi - family and office /institutional parcels front the side
streets.
Page 2 of 4
The mound shall have a minimum height of 4 feet above top of curb and shall be
noncontinuous in height.
The same landscaping standards as shown on page 10, "Muirfield Boulevard
Landscape Edge Treatment" shall be the standards applied to the frontage
treatment on side streets
3. Dumpster Enclosures
All dumpsters shall be enclosed with a 4 sided enclosure of wood, stone, brick or
stucco. All enclosures will be of the same architectural materials as the main
structure and will conform to all building setback requirements
4. Street Grade
The street grade for the single - family street west of Muirfield Drive shall be at the
same or less grade than Muirfield Drive.
The foundation of any house located on any lot abutting Muirfield Drive shall not
be higher than three (3) feet above the street grade of the abutting street.
G. Architectural Standards
1. In keeping with the residential framework of the area, all architecture will be of a
residential character and constructed of natural materials being stone, brick,
wood and stucco. All buildings will be of the same finished quality on all 4 sides.
Stone accent will be integrated into all buildings.
H. Permitted Uses
1. Those permitted uses shall be those listed in Chapter 153 027, Neighborhood
Commercial District except "Eating and drinking places" shall include full line
restaurants and shall not include fast food or drive -in restaurants or places
primarily designed for entertainment or dancing and referred to by various names
such as dance hall, cabaret, and night club and the following uses listed in
Section 153.028, Community Commercial District.
Mens and boys clothing and furnishings stores
Womens accessory and specialty stores
Womens ready to wear stores
Shoe stores
Custom tailors
Furriers and fur shops
Page 3 of 4
Book and stationery stores
Jewelry stores
Camera and photographic supply stores
Optical goods stores
2. A maximum of 1,680 square feet of outdoor dining patio area located in front of
the restaurant operating at 7148 Muirfield Drive at the time of approval of this development text
known as Shade on Muifield. This patio shall be constructed only in the location shown on the
preliminary development plan.
The patio shall use amenities (such as tables, chairs, fence, umbrellas, flower boxes) that are of
high quality. Patio chairs shall be black in color. Table tops may use a different color. Umbrellas
shall be market - style. No outdoor amplifiers or music shall be permitted in the patio area. No
additional lighting (other than allowed building lighting) shall be permitted in the patio area. The
food service for this patio shall end at 10:30 p.m. and the patio operations shall cease at 11 p.m.
A rezoning process will be required for any other patio areas.
Other than as set forth in the foregoing paragraph, the conditional uses contained in Section
(Section 153.027(8)) are hereby prohibited.
Intensity
1. Within the commercial site the total square footage shall not exceed 10,000
square feet per acre. No single store shall exceed 30,000 sq. ft. and one -third of
the total square footage shall be in stores which are less than 20,000 square feet
in area.
Other than the standards listed above, all remaining development standards shall be as listed
and applicable under Section 153 of the Dublin Code.
Page 4 of 4
3/26/2010 18988179
Claudia D. Humid
Form : ransomed, Jill S aj4angemanOvrgecom,
Sent: Friday, August 22, 201011'. 0OAM
TO Claudia C. Hbak
Sobje: Fee Athenry Profess Mary Kelley Patio
Claudia:
Just wanted to forward to you mycorrespondence with the d "n Run Association. Lopkshkefliey ateln sRfrattof the
:
application.
most me know what else you need at this time to move this forward.
Thanks so much'
1111
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From: Michael A. Welsh dradho mawe6hCyahoo. mmj
Bent Thursday, August 14, 2014 9 21 PM
To: forgotten, Jill
Cc: waltlonlaCwowway. mm
Subject: Re'.Athenry Shoppes —Mary Kelley Patio
HI Me Tangemam
We appreciate your consideration. I walked down to Shade tonight to fully understand the "Phase 1 "anti "Phase 2" patio
plans, and understand it only Involves the patio In the front of the restaurant and not the space to the side that Is
controversial to many of our residents on Calvary Ct Phase 2 simply expands the patio by removal of landscaping on the
front patio_
We verified with Mr McCasb that the adjacent neighbors are In agreement with the proposal Therefore, Is reaffirms
the earlier agreement with Mary Kelley's that use of the front patio space use Is acceptable, so Tong as all general
restrictions for the shopping center are abided by (hours of use etc)
Thank you
Michael Welsh
Secretary, Is
From:' To no ema n, Jill A A stan gem an(mvovs
To: " wedonia(mwow waltloniaya wow a m
welshavahoo ca welsh(mvahoo. com
info(mintllanrunmeatlows earn A nfo(mintllanru eatlowscom
Sent: Tuesday, Proust 12 2014 600 PM
Subject: Amery Shoppes- Mary Kelley Patio
Dear officers for the Indian Run Meadows Homeowners Association'.
As you probably know, anew restaurant known as Shade moved into the space in ANenry Shoppes
previously occupied by Mary Kelley's:
When approval for the front patio was obtained from the City of Dublin for this tenant space, the
approval for the patio was limited to use by Mary Kelley's only Consequently, In order for Shade to
use the front patio, we need to seek approval from the Qty of Dublin.
The City of Dublin asked that I reach out to you to share the proposal with you and ask if you have
any concerns. I have had a number of conversations with Tom McCash regarding the request, but
since Tom is not an office of the association (as far as I know), the City asked me N contact you as
well
The only purpose of To request is to allow the Shade restaurant N use the Palo. None ofthe
development standards or design criteria that were approved for the patio will change.
Attached is a copy of the patio site plan and the text The only change N the text from that approved
previously is to state that Shade can use the patio_
Please let me know if you have questions. I'm happy N discuss this in person or ever the phone as
well My contact information is below.
Thanks in advance for yourtime.
Jill
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From 614 4W 5608
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confidentia From the law offices of Voted, Eater, Se Par and Pease LIP.
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