124-99 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form 30043
Ordinance No...1Z.4-99 Passed
~ An ordinance providing for a change in zoning for 1. X26 acres located at
the Southwest corner. of Perimeter T)rive and Avery-Muirfield Drive, From:
PCD, Planned Cor,uaterce District, To: PC.D, Planned Commerce District.
(Riverside Hospital PCD -Burger Kina - 6315 Perimeter Drive; Case File
No. 99-100Z}
NOVV, T 1REFOItE, I;I; IT OItI?AINED by the Council of the City of Dublin, State
of Ohio, of the elected mt:mbers concurring:
Section 1_ Thar the ?ollowing described. real estate (see attached rnap marked Exhibit "A")
situated in the Cily of Dublin, State of Ohio, is hereby rezoned PCD, Planned Commerce
District, and shall be subject to regulations and procedtres contained in Ordinance No. 21-
70 (Chapter 1S3 of the Codified Ordinances) the City of Dublin Zoning Code and
amendmi:nts thereto.
Section 2. That applicat~or>, Exhibit "B", including the list of contiguous aiid affected
properly owners, and. the recommendations of the Planning and Zoning Commission,
Exhibit "C", are all incot~porated into and made an official part of this Ordinance and said
real estate shall be developed and used in accordance-: there~~~ith.
Section 3. That this Ordinance shall take effect and be in force from and after the earliest
period allowed by law.
Passed day of 1999.
Mayor -Presiding Officer
Attest:
C @,/Vln~~. ~ C~~f..a~~•~~
Clerk of Council
Sponsor: Planning Division
hn~F,h
t;t r{ / cr.•:)=es of t=;~s G~f:l'R~ ,i=..'R9fl
Y r,! s~ r^ ac.orr;:7n~n w;+!~ Section 731.15 of i~ie ^,,~.w,inT RevOSeed In the
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~oERNER ~ rEKPLE xD wrcw~ ~ 99-1002
0 1000 2000 f Rezoning Application
i ~ Riverside Hospital PCD, Subaru
SCALE IN FEET ' ~ Burger King
p 6315 Per~i~m~eyteHr~Drive
1 1N EQUALS 1200 FT \ _ ~ x A T{AT[fUUfAY r ~ lA 1G7 11}n o ' ~
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~8 i 99-1002
Rezoning Application
Riverside Hospital PCD, Subarea B 1
Burger King
6315 Perimeter Drive
-
- EXHIBIT "B"
REZONING APPLICATION
(cone section 163.734)
TO EXPIRE
CITY OF DUBL[K
Ordinance No.
5800 Shier Rings Road City Council 1st Reading
Dublin, onio 43o1s City Council Public Hearing /
Phone(f'00:614T~;=~::.~ City Council Action
Fa~c 614/761 X566
E.tlS ONt..:...;
f P&Z A
A _ nt Recerved APpI o ~ , ~Y ~ P8Z Date(a) i ~ ~
MIS Fee No ~ Oatc Received - Received By'
Receipt fJo.~ ..1 ~ d~ ~ r.~y
Type of Request:
? PLEASE SUl3P~IIT TWO {2) ORIGINAL SIGNED ANO NOTARIZED APPL)CATIONS -PLEASE PRINT
AND Tti1RTEEN {13) COPIES OF T1iE ORIGINAL APPLICATION and
CHECK THE TYPE OF APPUCATtON
? Composite Pian(Code Section 153.058)
? Preliminary Development Plan (Code Section^1 .l)S6)
Other (Cescribe) Ts~T ~S~{StCJf~l
1. PROPERTY INFCRMATICN
TAX ID NOl ~73 { G~ ~ ~ (A ize:
~j,~,~ ~ 1.
DISTRICT PARCEL NO:
Property Address: S S .~ss ~ ~N~Q
~UU PtFPR~
Property Location:
Sytl Go21v~1~ D~ lM,& tL PrVLs2 --MUr ~f~~D
Side of Street: (N, S, E, W) ~ ~ ~id ~ ~ „
Nearest Intersection: (M~'(~2 Ate/ ` /Vl U!R-~l~L.D
Distance from Nearest Intersection: (iGl~!-u~ ~ `I, S, E, W from Nearest Intersection
Existing Land Use/pevebpment:
1~1~G~~
Proposed Land Use/Oevebpment: ~ ~
' Current a Existing Zoning Oistrid: Requested Zoning District: N~ of ~re~o t~ Re~rtec~
~Gi~ ~C ~L
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su~~t~ T~ ~a~~~f~. ~ - ~ -
Pape 1 of 4 v ~
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EXHIBIT
XHIBIT "B„
PLICATION
(Code Section 153.234)
TO EXPIRE
CITY OF DUBLIN
Ordinance No.
5800 Shier Rings Road City Council 1st Reading
Dublin, onto 430,s City Council Public Hearing
thone/TDD:614J~'~~-::.~ City Council Action
Fax: 614(161 X566
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FOR OFFICE USE ONLY
K;atiM o- P8Z Dates}: P&Z Action:
? A nt Received: Ate.
MIS >=~No: ~ ~ ` Date Received: (f} / C Received By: L ~t/"~
Receipt No~ n ' l
-Type of Request:
? PLI=ASE SUBMIT TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS --PLEASE PRINT
AND THIRTEEN (1~) COPIES OF THE ORIGINAL APPLICATION and
CHECK THE TYPE OF APPLICATION
? Composite Plan(Code Section 153.058)
? Preliminary Development Ptan (Code Section 15.056)
~i r. c i ~
Other (Cescribe) ~ l ~'--P~ I7
I. PROPERTY INFCRMATICN
~ ~ S"rR I GT Parcel Size:
TAX ID NO/ (Acres) ~ ~ ~
DISTRICT PARCEL NO: -~`7~ ~ ZD7
Property Address: S s SS ~ ~~~`J
~v A~ P/~ ~f'r
Property Location:
Sys GotN~f1- D~ r~F 2 ~Vg2 -MUt ~f~~-D
Side of Street: (N, S, E, W) ~ YV Ga 2 ~fL-
Nearest Intersection: (M~'r"~- aU~ ` M U«~~~~"'~
Distance from Nearest Intersection: t~/_=2 ~ S, E, W from Nearest Intersection
Existing Land Use/Development:
V1~GA-~ , ~
Proposed Land Use/Devebpment: F'
Current or Existing Zoning District: Requested Zoning District: N~ of ~re~o l~ Re~nec~
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Pape , of q V ~ f~ezone Applica io
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18 ! 99-1 OZ ~ 1
~ Rezoning Application
Riverside Hospital PCD, Subarea B 1
Burger King
6315 Perimeter Drive
EXHIBIT "B"
STATE 1~tENT:
State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity.
7~as 7°~=GP65~37 7~~ST~//2~-~7` kJl ~l~fr~v T
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PA~G~C.s ffT
II
i
STATEMENT:
State briefly how the proposed zoning and development relates to the Dublin Community Plan. ~
TNT P~oPast~ ~~Sr~-c~r~-N, ~-~s w~T~f~N -7~~r~ >~xisT
CdN~~Pfi ~!-~4N ~~U re~~~?'j ~Ari t.~/F.~A'Y- ~3, a~
I~D~~D o~~~~-G~GS~ ~ F3uT PoGss Nom' l~i~~~~ pf~~~NG- i
~l{xlf/~~~iVT.S, j`~'~1;~oS~; f~~ ~~i-/~Fcrt~~ :iP~~ ~~~~/hL~~T_
o~fr~.v~r st ~ 5,~,4u ~-s` ~~-s ~o~ asp ~g
~~7` f1-s ~ ~sj~wR-~4NT ~y ,~U~r~2 ~tiYr~ ffDu~~vg,Q S~(ovG~?
o !-~7G.oTr4- ~pT' G~ ~"Y ~{g,~ov~ ~S%~- v,Q.4~j' I.~.S~ T~/~r/ COLS'
PREVIOUS APPLICATION? ,
Has an application for rezoning the property been denied by the City Council within the last two (2) years? YES ? NO
IF YES, WHEN?
Stale lho basis of reconsidcratlon:
a
IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ? NO ?
IF A PLANNED DISTRICT IS REQUESTED, IS PROPOSED %EVELOPMENT TEXT ATTACHED? YES NO ?
11. PLEASE INCLUDE THE FOLLOWING:
? LegalOdelscription of the preperty to be rezoned consists o(~ page(s). ~,r~
f ~ ~ T
PLAN REQUIREMENTS:
? 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 24"X36") SHOWING: ~
a. The site and all land 500 feet beyond the boundaries
b. North arrow and bar scale
c. Existing conddions (Roads, buildings, vegetation,topography, jurisdictional boundaries, ulili;ies, etc.)
d. Proposed Uses (Regional transportation system, densities, fl of dwellings, building/unit types, square footages, parWarxf/open space;
etc.)
e. Existing and proposed zoning district boundaries -
Si:_e of the srto in acres/square (eat; and
g. All property lines, street rtghta-0f-way, easements, and other Infonnatlon related to the location of the proposed boundaries.
? 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11" X 1T)
? 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8f." X 11" ANO NOT MORE THAN 16"X20")
Showin Conti uous pro owncro within 500 feet from the meter of the area to be rezoned.
Page ~ of J f?.'; cne Application
111. C~ NTIGUOUS PROPERTY OWNERS
list all neighboring property owners within 300 feel from ltic; perirne:ter of !o be rezoned. Sucli list to be in accordancewilh the County
Auditors current t:+x list. (.:..c .,~~nwnal shei:: - • r~c:~ssary.) Labels fonnattcd for Avery 5760 may besubmilted as labels or on a computer disk.
' P(tUPERTY OWNER CITY/STATEJZIP CODE
L(not PAnr!aage G:,:..,,,,,,y or Tax Service) MAat_ING ADDRESS
T l1 L~'~ C
INNOVATIVE
17F;SIGN
~ i~ ~ ~ nj~ ENGINEERING
Inc.
raz ~r wHC sr, wnE aoo
ACRE TRACT .~Z,S
m: ers zu zzas
a/uc: su zze na
Lot 1 Of , y., .,.e ~
:ENTER SECTION 1 " a:a°. ~
.
:lir~ounty, Ohio
. ,~~ti
1.526 ACRES
Situated M the State of Ohb, County of Franklin, Clty of Oub1ln, being located h Virginia Military Survey No.
2999 and being 1.526 aces of that 28.426 sae tract of land as conveyed to Lucas Avery Lknited, Richard J.
Sdove and John J. Chester, by deed of record In Offidd Record 31836J04 and Official Record 31933616, elf
references being to records of the Recorders Office, FranWin County, Ohio and being more particularly
described as fellows:
Beginning for reference at the centerline of Perimeter Road at the htersection of the westerly property line of
that subdivision entitled `Perimeter Center", as shown of record >n Plat Book 72, Pages 47 and 48;
thence South 4' 37' 38` East, a distance of 115.38 feet to a point;
thence South 85' 22' 22' Weat, a distance of 72.61 feet to a print on a curve in the westerly right-of-way line of "
wMr Avery Mukfidd Drive at the 'True Point of Beginning` for the tract herein Intended to be desa~ed; W
thence leaving said True Print of Beginning and being dung said westerly right-of-way line of Avery-
Muklldd Road, the fdlowing courses: ~ '
h•~!
South 4' 55' 34' East, a distance of 124.90 feel to a point of curvature of a curve to the left; ~ _ 4
Southeasterly long the arc of said curve (Delta = 0' 43' 35", Radius = 5789.58 feet), a chord bearkrg and =
distance of South 5' /T 21` East. 73.43 feet to a point;
thence North 89' S0' 22` West, a distance of 27226 feet to a point; _ J
thence North 0' 32' 39' West, a distance of 265.48 feet to a point h the proposed southerly right-of-way line of
Parkneter Drive on the arc of a curve to the left;
thence being along the proposed southerly right-of-way line of Per'xnetar Drive, the fdlowing courses:
Southeasterly long the arc of said curve (Delta = 16' 07' 00`, Radius = 650.00 feet), a chord bearing and
distance of South 86' 52' 04' East, 18224 feet to a print of tangency,
North 85' 04' 26" East, a distance of 5.00 feet to a point of wrvature of a curve to the right; and,
Southeasterly long the arc of saki curve {Delta 90' 00' 00', Radius = 65.00 feet), a chord bearing and
distance of South 49' S5' 34` East, 91.92 feet to the place of beglnnMg, containing 1.526 acres of land, more or
N IeSB.
Sub)ect, however, to dl legd rights-of-way and/or easements, if any, of previous record.
~ LP. fnd
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m San/lay S.wr Irpiha/~
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O Cotch Hoch
(M/ FEEh D4 Gas Vw'w
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JOSEPH W . TESTA + _ ~ (
FRANKLIN COUNTY AUDITOR G x lr~
Variance report DATE AUG 24, 1999
273-001895 * Owner: HOSPITAL PROPERTIES INC
Address: POST RD 003.00
Mail To: HOSPITAL PROPERTIES INC
SUITE 4000
3555 OLENTANGY RIVER RD
COLUMBUS OH 43214
273-005567 * Owner: BANK ONE COLUMBUS NA
Address: 6271 PERIMETER DR 003.00
Mail To: ERNST & YOUNG LLP
BANG ONE CORP
10 W BROAD ST # 2300
COLUMBUS OH 43215-3400
273-007589 * Owner: MCDONALDS CORP
Address: 6830 PERIMETER LOOP RD 003.00
Mail To: NORTHWEST MGMT INC
720 W 7TH ST
MARYSVILLE OH 43040
273-008207 Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 6850 PERIMETER LOOP DR 003.00
Mail To: SOLOVE RICHARD J &
JULIE ENGLE
8 E BROAD ST
COLUMBUS
273-008208 Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 7000-090 PERIMETER LOOP DR 003.00
Mail To: SOLOVE RICHARD J &
JULIE ENGLE
8 E BROAD ST
COLUM ~
273-008209 Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 7100 PERIMETER LOOP RD 003.00
Mail To: SOLOVE RICHARD J &
JULIE ENGLE
8 E BROAD ST
COLUMBUS
2~3 _ ~5~51 BP Exploration & Oil Inc.
Patti Sayers
590 Midland
101 W. Prospect ~ ~ ;
Cleveland, Ohio 44114 ~ ~U ~
d~ r--
2~3 ~ 110 5361 Fifth Third Bank Property ~ -
Attn: Jim Baldwin
21 E. State St.
Columbus, OH 43215-4228
` ` r
M+w
tll. CONTIGUOUS PROPERTY OWNERS
r
List all neighboring property owners within 300 feet from the perimeter of t~? ~•ea to be rezoned. Such list to be in accordance with the County
Auditor's current tax list. (Usa auditional shee`s - : sary.) Labels formatted for Avery 5160 may besubmitted as labels or on a computer disk.
PROPERTY OWNER MAILING ADDRESS CITY/STATE2IP CODE
(not Mortgage Ccr.,~~ny or Tax Service)
i
i;
Fill ~
ioc
- _ T~'~-__~.: if iJ 1_ 1
EXHIBIT "B"
STATE~NENT:
State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity.
"T~~ P~GP6S~ ~~Sr'~//Z~~T' ~IcJCI`f~~v l~f~ ~~;c;~~q~l~
.~l~~i(~tlLJ~ Gl~ell~OP..ihS ~ ~`"LA-~/iv~j> G'O,~J~~llf-E IJ~5772lGT
L~~'~~~i~ivT 1~~i~1 ~¢t~/,2,~iyrgN`~ FOFz oU7p~G~G.~ ,~T
II
L
STATEMENT:
State briefly how the proposed zoning and development relates to the Dublin Community Plan. ~
P(zOPas~D ~-?ts5~('s~-c~1;4a1
j ~-t.LS w~"r~rN ~~CIS'~
Cd N~~~'fi ~~N' ~~u taR~~'1 ANT ~ t~(/F~~ ~ j a>c
fur noes No,- ~~~T PA~~NG-
~Q~Jr,~n1~,v ~s, ~'~~os~ ; ~f~ ~~-/~fcrN~ ~P~ ~[~~~/h~ti'7r 1i
~2 oG~~pT ~ J S~`4,GG r3~ ~ .~°~C~'S ;~D~ ~JS~ O~ ~g
/~s' ~ ~sT~wA-,4~trr ~y ,~~/~G~,2 ~tiYr~ ~fDu~~v~a. ~~'~v~~
o~rc,oT,q" N~o-i Gs~ ~Y 7~fg~ov~-~S~~,Q,4~' t~s~ T~~ cozy /~i.
PREVIOUS APPLICATION? ,
Has an application for rezoning the property been denied by the City Council within the last two (2) years? YES ? NO
IF YES, WHENT
State the basis of reconsideration:
IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ? NO ?
IF A PLANNED DISTRICT IS REQUESTED, IS PROPOSED DEVELOPMENT TEXT ATTACHED? YES ? NO ?
11. PLEASE INCLUDE THE FOLLOWING:
14 COPIES OF LEGAL DESCRIPTK3N: ' / /y' /
? Legal description of the property to be rezoned consists of pags(s). ~ ~x 1"11j~6 / ~ 1
PLAN REQUIREMENTS: r .
? 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 24"X36") SHOWING:
a. The site and all land 500 feet beyond the boundaries
b. North arrow and bar scale
c. Existing conditions (Roads, buildings, vegetation,topography, jurisdictional boundaries, utilities, etc.)
d. Proposed Uses (Regional transportation system, densities, iF of dwellings, twilding/unit types, square f en~~pace;
eta.) ~ C ~
e. Existing and proposed zoning distract boundaries ' ~
L Size of the site in acrealaquare feet; and ~ Iln
g. All property lines, street rights-of-way, easert~ents, and other information related to the location o~ tf~ r ~
? 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11" X 1T) '
? 14 COPIES OF COUNTY OWNERSHIP MAP: (NOT LESS THAN 8'r4" X 11"AND NOT MORE THAN 16" X ~ ' I
Showin Conti uous pro owners within 500 feet from the meter of the area to be rezoned.
i ~ ~i.)~l I~'d
Page 2 of 4 ReZars~Aplstt~-~-~
JOSEPH W . TESTA u
FRANKLIN COUNTY AUDITOR - ~ b1;11J
Variance report DATE AUG 24, 1999
273-001895 * Owner: HOSPITAL PROPERTIES INC
Address: POST RD 003.00
Mail To: HOSPITAL PROPERTIES INC
SUITE 4000
3555 OLENTANGY RIVER RD
COLUMBUS OH 43214
273-005567 * Owner: BANK ONE COLUMBUS NA
Address: 6271 PERIMETER DR 003.00
Mail To: ERNST & YOUNG LLP
BANG ONE CORP
10 W BROAD ST # 2300
COLUMBUS OH 43215-3400
273-007589 * Owner: MCDONALDS CORP
Address: 6830 PERIMETER LOOP RD 003.00
Mail To: NORTHWEST MGMT INC
: 720 W 7TH ST
MARYSVILLE OH 43040
273-008207_ Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 6850 PERIMETER LOOP DR 003.00
Mail To: SOLOVE RICHARD J &
: JULIE ENGLE
8 E BROAD ST
COLUMBUS
273-008208 Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 7000-090 PERIMETER LOOP DR 003.00
Mail To: SOLOVE RICHARD J &
: JULIE ENGLE
8 E BROAD ST
COLUM
273-008209 Owner: SOLOVE RICHARD J & JOHN J CHESTER & LUCAS AVERY LIMITED
Address: 7100 PERIMETER LOOP RD 003.00
Mail To: SOLOVE RICHARD J &
JULIE ENGLE
8 E BROAD ST
COLUMBUS
Z-~3 _ od5~81 BP Exploration & Oil Inc.
Patti Sayers
590 Midland ~
101 W. Prospect ~ " ` -
Cleveland, Ohio 44114 ~ ~
1~3 ~ ~ 5361 Fifth Third Bank Property
Attn: Jim Baldwin
21 E. State St.
Columbus, OH 43215-4228 ~ ~ ± ~ . , ~ 3
-
'
Nacre of Ct;rr~nt ?re .:rty Cvncr(s): ~ r t ,r w ~ `~~O _ J
r N 'V'
! •.1-.~I:r... 0,x•4-. l
t.,,, __r, , ~ ~ 51r~7~ ~?1r j G6LUM t3U S 1~{~" 3Z / S
II t;~yt{,~:~ r ~4~ 2Z~ ~ ----~r-.~:- ~ /4~ 7~4 -24~~i
Name of Contact Person', (ex. Attorney, Architect, etc.):
I ~i-. ccrrrl~i, , , '•'r~r;,~tion, Section Vi1, Le!r.;v.
(sheet, Gry, State, ~,p ~:caa, _ _
Fax: ~I
I~ Which of the above is the primary contact persons I
V. AUTHGRIZ.ITION TO lr!SIT THE PROPERTY
Site visits to the rreperty are necessary by City representatives in order to process this application. The Ovmer/Applicant hereby authorizes City
representatives to visit, photograph and post a notice on the property described in this application.
VI. UTILITY OISCL'\!`~1FR
The Cdy of Dublin nnM make every eKort to provide essential services to the property as needed. However, the rapid grotvfh of the City of Dublin and northwest
Franklin Canty has stretched the Citys capacity to provide ihesa services to the limit. As such, the City of Dublin may be unable to make all or part of said
(actitirs av,^ilab!e to the ~rrr~rt until some future date. The Applicant/Owner hereby acknowledges that approval of this request for rezoning by the Dublin
Planning and Zoning Commission and/or 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 :ra!~r and sewer facilities when needed by said Applicant.
VII. OWNER AUTHORIZATION FOR REPRESENTATIVE
1 DUBLIN OAKS LIMITED ,the owner and applicant, hereby authorize
BURGER KING CORPORATION j
toad as my representative :tnd acmt in aN matters pertaining to the processing and approval of this application including modifying the project, and I agree ~
to be bound by all representations and agreements made by the designated agent. '
Signature of Current Property Owner: DUBh7N OAKS LIMI F,D Date:
an Ohio limited Liability company
By: LuCas`~ ve J~imi an Ohio limited liability company, Member
~j_ PAUL G. LUKEMAN, MANAGER '
Slgnaturc of Current Property Owner: Date:
i
VIII. APPLICANT'S AFFIDAVIT _
STATc C, ~~1
CJ
COUNTY Vr- \ ~ r~{ ( I r~-~
II
I, -t' ; ~ ~T . l U 4- ~`-"(A tJ ,the applicant or applicant representative, have read and ;
understand the contents of this application. The information contairerl in this application, attached exhibits and other informafron submitted is complete
and in all respec::'~••~ end correct, to the best of my knowledge and belief.
Slgnttture of AnPllcint or Datc:
I Authorized Representative: -
;::b srhni v~<! Swan to txrforc ma this day of c J ~ k' . , 19 / l
Nct:rry Put:fic J i' vj~ N
~~~~,iZ•l ~
i <
r,ge a ul -1
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~~larre of Current Property Owner(s): ~ ' G~~,~.y.~ ^,7~ n ~ 1 ~~0~
i ~ t-,,~~r7 ~r+.+.~cc• ~q ~ V 1 /l 1 (i ~~~JI`'r li ~ ' ~/V ~ U~ ~U7 ~ r
II vaywnz i~;rpiuir:e: ~ .7~~ ~ I rax:
If Name of Contact Person', (ex. Attorney, Architect, etc.):
tl '^ase ccn:rlei='"'^ n,•'hr.~zation, Saction VII, betc`,v.
(5ireet, Ciry, State, Lip Ccae) _
+a~ I _ ~ Fax: II
Il---
rawr I) Which of the above is the primary contact person?
V. AUTHGRIZATION TO VISIT THE PROPERTY
Site visits to the property are necessary by City representatives in order to process this application. The Owner/Applicant hereby authorizes City
representatives to visit, photograph and post a notice on the property described in this application.
VI. UTILITY CISCLA1;41FR
The City of Dublin vviN make every effort to provide essenrtial services to the property as needed. However, the rapid growth of the City of Dublin and northwest
Franklin County has stretched the Cityls capacity to provide thew services to the limit. As such, the City of Dublin may be unable to make all or part of said
f~i!ities avzilztde to the aroli~nt until some future date. The ApplicantiOwner hereby acknowledges that approval of this request for rezoning by the Dublin
Planning and Zoning Commission and/or Dublin City Council does not constitute a guarantee or binding commitment that the City of Dublin will tie able to
provide essential services such as water and sewer facilities when needed by said Applicant.
VII. OWNER AUTHORIZATION FOR REPRESENTATNE
I DUBLIN OAKS LIMITED ,the owner and applicant, hereby authorize
BURGER KING CORPORATION
to ad as my representative and agent in aJl miters pertaining to the processing and approval of this application including modifying the project, and I agree j
to be bound by all representations and agreements made by the designated agent.
Slgnature of Current Property Owner: DUBLIN 0 S , LIMI~D Date:
an Ohio limited liability company
By: Lu ve mi an Ohio limited liability company, Member
PAUL G. LUKEMAN, MANAGER
Slgnature of Current Property Owner: Date:
wmw
VIII. APPLICANT'S AFFIDAVIT
STATc CF J ~I y
~
COUNTY OF I- ~~~f~ r~>~C ~ I ~
! I, ~-A~ i L ~'T ~ ~ V F-- ~ ~ the applicant or applicant representative, have read and ;
understand the contents of this application. The information contaired in this application, attached exhibits and other information submitted is complete
and in all respect:; and correct, to the best of my knew1edge and belief.
SI ,nature of Aoalicant or Date:
Authorized Representative:
l - _
~:;hscr+h~ci and svmm to before me this ~
~ day of - ~ ~ r' , 19 ( /
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GONGRETE DRIVE APRONS
~ srANDARD DF2AWIIJG~ 99-1002
t~~o-a6 (rrP of ~1
Rezoning Application
~ ~I~'~ ~L~~I Riverside Hospital PCD, Subarea B
Burger King
- 6315 Perimeter Drive
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99-1002
Rezoning Application
Riverside Hospital PCD, Subarea B 1
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6315 Perimeter Drive
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99-1002
Rezoning Application
Riverside Hospital PCD, Subarea B 1
Burger King
6315 Perimeter Drive
PROPOSED TEXT CHANGE:
PARKING AND LOADING:
1. SIZE, RATIO AND TYPE OF PARKING AND LOADING FACILITY SHALL BE REGULATED BY
DUBLIN CODE CHAPTER 1193.
2. THE PARKING SPACE REQUIREMENT FOR OUTLOT A OF SUBAREA 61, SHALL BE 54 SPACES
FOR USE OF THE OUTLOT AS A RESTAURANT BY BURGER. KING; HOWEVER, SHOULD
OUTLOT B NOT BE USED BY THE ABOVE NAMED RESTAURANT USE THEN THE PARKING
REQUIREMENTS FOUND IN DUBLIN CODE CHAPTER 1193 SHALL APPLY TO THE OUTLOT.
Ili OOPy
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OCT-20-99 WED 11 44 Ahl DON CASTO CONST DEPT FAX N0. 6142210665 P. 03
VIA FACSriv1Ti.E
• October 20, 1999
209 E~+ swE star
ca~.u,~a ~z'S John Taleatino
' Department of bcvelopment
R10NE Cifiy of Dublin .
(6tg22a~t 5800 Shltr-Rings Rd.
Dublin, OH 43017
Fntc
~g1~A°'~"e RE: Case # 99-0$6DP/CU
Burger King '
.Avery Square
' Dear Mr. Tanentino:
~ Burger King Corporation is seeking the necessary approvals for locating a Burger King
_ o~~~o~ , restaurant on the northern outparcel of Avery Square. Lucas Avery Limited, as owner of
Avery Square Cmcludingthe proposed BurgerKing outparcel), has agreed to sllowBurgcr
ICng Corporation to use ten (10) parking spaces in the shopping center parking lot for
additional Burger King parking. •
The parking field for the ten (10) parking spaces is marked on the attached site plan of the • • •
shopping center.
Sincerely, •
LUCAS AVEIt'Y LT1vIlTED , '
G
z
. Charles Fraas, Jr. .
Counsel
Enclosure ~ Il~ ~ ~ P I •
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•
' OCT 2 G iCQ9
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CC~,.Y1,~ C!:
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COPY ,
DECLARATION OF COVENANTS, EASEMENTS, ~ i TY 0 F p U B L f
CONDITIONS AND RESTRICTIONS
FOR
.i) ~a7lJlUC!
1 .~a~ ~n~~-rr,~G ors
THLS DECLARATION OF COVENANTS, EASEMENTS, CONDITIONS AND
RESTRICTIONS (the "Declaration") is made as of the day of , 199_, by
M/I Schottenstein Homes, Inc., an Ohio corporation, Address2~, City-, State PostalCode~
~e~atier3-("Developer").
A. Developer is the owner of the real property more fu11y~IIy described in Exhibit A
attached hereto and by this reference incorporated herein (the "Property" as defined hereinafter);
and
B. Developer desires to develop the Property into a residential subdivision, and to
restrict the use and occupancy of the Property for the protection of the Property and the future
owners of the Property; and
C. Developer or its successors in interest may deem it desirable to establish an
association consisting of itself and/or future owners of portions of the Property, for the purpose of
owning and/or maintaining certain areas at and/or improvements constructed as part of the
Subdivision; and
D. Developer declares that all of the Property shall be held, developed, encumbered,
leased, occupied, improved, used, and conveyed subject to the following covenants, easements,
conditions and restrictions (the "Restrictive Covenants"), which are for the purpose of protecting
the value and desirability of, and which shall run with, the Property and be binding on all parties
having any right, tide or interest in the Property or any art thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner of any portion of the Property.
This Declaration is hereby declared to inure to the benefit of all future owners of any Lot (as
hereinafter defined) and all others claiming under or through them ("Owners"); the Developer, its
successors and assigns; and all utility companies or agencies or instrumentalities of local
government providing utility services.
It is hereby declared that irreparable harm will result to the Developer and other
beneficiaries of this Declaration by reason of violation of the provisions hereof or default in the
observance thereof and therefore, each Owner shall be entitled to relief by way of injunction,
damages or specific performance to enforce the provisions of this Declaration as well as any other
relief available at law or in equity.
NOW, THEREFORE, in pursuance of a general plan for the protection, benefit and mutual
advantage of the Property described above and of all persons who now are or may hereafter become
owners of any of the Property or plats thereof, the following restrictions, conditions, easements,
covenants, obligations, and charges aze hereby created, declared and established:
GENERAL PROVISIONS
3. APPLICABII.I'I'Y
A. This Declazation shall apply to the entire Property as described on the attached
Exhibit A. The Property is part of a larger tract of land owned and/or intended by Developer for
future development, generally consistent with the development of the Property. As Developer
acquires and/or develops additional parcels adjacent to the Property, Developer may annex said
additional pazcels to, and declaze them to be, subsequent phases of
Subdivision. Upon such annexation, Developer shall have the
right, but not the obligation, to subject such annexed parcels to the terms and conditions of this
Declaration. Developer may subject annexed adjacent parcels to this Declaration without
modification, or Developer may supplement and amend this Declaration as it applies to such
additional phases of development. As to each development phase of SubdivisionName-,
Developer may re-record this Declaration with an attached exhibit which modifies and/or
supplements this Declaration with respect to such phase, or Developer may incorporate this
Declazation by reference into a supplemental declaration which establishes the modifications and/or
supplemental provisions desired by Developer to be applicable to such phase. The modifications
and/or supplemental provisions applicable to different phases of development at SubdivisionName~
may be comparable to, more restrictive or less restrictive than the parallel provisions applicable to
other development phases, as determined to be appropriate by Developer in the exercise of its sole
discretion. In the event of any inconsistency between the provisions of this Declaration and the
provisions of any phase-specific modifications and/or supplements hereto, the temrs of the phase-
specific document shall control.
B. Developer reserves the right at any time prior to the transfer of the last Lot (as
defined hereinafter) owned by it at SubdivisionName--, to create an association for the purpose of
carrying out and perfomung certain obligations as described herein. The right so reserved by
Developer creates no obligation on Developer's part to create such an association, if Developer
determines in the exercise of its sole discretion, that the creation of such an association is not
desirable. In the event Developer does not create an association prior to the time it transfers the last
Lot owned by it at SubdivisionName~, an association may be formed thereafter by the agreement of
a majority of the Owners. In recognition of the benefits which may result from a homeowners'
association, and in further recognition of the detrimental impact which an improperly organized
association may have on the Property, Developer establishes and declares that in the event an
association is established, whether by Developer or by any Owners, the purpose of which is to own
and/or maintain any portion of the Property on behalf of the various owners of Lots in the
subdivision, said association shall be formed and shall operate in accordance with the terms and
L\USERSUAMMy Docunxnls\WordUtESTRIC7~CC&R form.doc
-2-
conditions of, and shall be subject to, the restrictions provided hereinafter. Until such time as an
association is formed for such purpose, the terms and conditions contained herein regarding such
association's operations shall be deemed mere surplusage, and shall not affect the validity or
enforceability of any other provision hereof.
II. DEFINITIONS
A. "Annual Assessment" -amount to be paid to the Association by each Owner
annually.
= B. "Assessments" -collectively referring to Annual Assessments, Lot Assessments and
Special Assessments.
C. "Association" -the legal entity (and its successors and assigns) formed for the
purpose of owning and/or maintaining any portion of the Property on behalf of the owners of two
(2) or more Lots in the Subdivision. If formed, the Association shall be named AssociationName--,
and shall be formed as an StateWhereLandIs~ non-profit corporation or other appropriate non-profit
entity.
D. "Association Documents" -the formative documents of the Association, consisting
of the articles of incorporation, code of regulations and any and all procedures, rules, regulations or
policies adopted by the Association, or comparable formative documents if the Association is not a
corporate entity.
E. "Board" -the board of trustees or other management body of the Association.
F. "Common Expenses" -expenses incurred in maintaining the Common Property.
G. "Common Property" -all real and personal property now or here~.fter acquired,
pursuant to this Declaration or otherwise, and owned by the Association for the common use and
the enjoyment of the Owners.
H. "Developer" - M/I Schottenstein Homes, Inc., an Ohio corporatio
H~ and any manager, general partner, shareholder, may-successor or assign thereof to
which Developer specifically assigns any of its rights' under this Declaration by a written
instrument.
L "Improvements" -all man-made or man-installed alterations to the Property which
cause the Property to deviate from its natural condition, including but not limited to buildings,
outbuildings and garages; overhead, aboveground and underground installations, including without
limitation, utility facilities and systems, lines, pipes, wires, towers, cables, conduits, poles, antennae
and satellite dishes; flagpoles; swimming pools and tennis courts; slope and drainage alterations;
roads, driveways, uncovered parking areas and other paved areas; fences, trellises, walls, retaining
walls, exterior stairs, decks, patios and porches, trees, hedges, shrubs and other forms of
landscaping, and all other structures of every type.
1:\USERSVAIV~My Docum«i1s\Word~RESTR[Ci~CCBcR rorm.d«
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J. "Lot" - a discrete parcel of real property identified upon the recorded subdivision
plat of the Property, or recorded re-subdivision thereof and any other discrete parcel of real property
designated by Developer, excluding the Common Property and any portion of the Property
dedicated for public use.
K. "Lot Assessment" an assessment that the Board may levy against one or more Lots
to reimburse the Association for costs incurred on behalf of those Lot(s), including without
limitation, costs associated with making repairs that are the responsibility of the Owner of those
Lots; costs of additional insurance premiums specifically allocable to an Owner; costs of any utility
` expenses chargeable to an Owner but not separately billed by the utility company; and all other
charges reasonably determined to be a Lot Assessment by the Board.
L. "Manager" -the person or entity retained by the Board to assist in the management
of the Association as set forth in Article VIII, Paragraph F.
M. "Member" -any person or entity entitled to membership in the Association, as
provided for in Article VII.
N. "Owner" -the record owner, whether one or more persons or entities, of fee
simple title to a Lot, including contract sellers, but excluding those having an interest merely as
security for performance of an obligation and also excluding the Developer.
O. "Property" -all of the real property described in Exhibit A attached hereto and
such additional property as may be annexed by amendment to this Declaration, or that is owned
in fee simple by the Association, together with all easements and appurtenances.
P. "Reserve Fund" -the fund established pursuant to Article IX.
.,z Q. "Rules" -the rules and regulations governing use of the Property and the Common
Property, as may be established by the Board from time to time pursuant to Article VIII.
R. "Special Assessment" - an assessment levied by the Association against all Lots
pursuant to Article IX or at a special meeting of the Members of the Association to pay for
capital expenditures or interest expense on indebtedness incurred for the purpose of making
capital expenditures and not projected to be paid out of the Reserve Fund.
S. "State" -the State of Ohio, and, unless the context requires otherwise, any
political subdivision thereof exercising jurisdiction over the Property
T. "Turnover Date" -the date described in Article IX, Paragraph C.
1:\USERSUAMMy Documents\Word\RE.STRICT\CC&R lorm.doc
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a,._.
III. GOALS
The covenants, easements, conditions and restrictions contained in this Declazation are
declazed to be in furtherance of the following purposes:
A. Compliance with all zoning and similar governmental regulations;
B. Promotion of the health, safety and welfare of all Owners and residents of the
Property;
C. Preservation, beautification and maintenance of the Property and all
Improvements; and
D Establishment of requirements for the development and use of the Property.
DEVELOPMENT & USE RESTRICTIONS
IV. USE RESTRICTIONS
The following restrictions and covenants concerning the use and occupancy of the Property
shall run with the land and be binding upon the Developer and every Owner or occupant, their
respective heirs, successors and assigns, as well as their family members, guests, and invitees.
A. Use of Lots. Except as otherwise permitted herein, each Lot shall be occupied and
used exclusively for single-family, residential purposes and purposes customarily incidental to a
residence. No Improvements may be constructed on any Lot until and unless the plans therefor
have been approved by the Design Review Boazd (or Developer if no Design Review Board has
been established) as provided for hereinafter.
B. Use of Common Property. Any Common Property may be used only in accordance
with the purposes for which it is intended and for any reasonable purposes incidental to the
residential use of a Lot. All uses of the Common Property shall benefit or promote the health,
safety, welfare, convenience, comfort, recreation, and enjoyment of the Owners and occupants, and
shall comply with the provisions of this Declaration, the laws of the State, and the Rules.
C. Hazardous Actions or Materials. Nothing shall be done or kept in or on any Lot or
in or on any portion of the Common Property that is unlawful or hazardous, that might reasonably
be expected to increase the cost of casualty or public liability insurance covering the Common
Property or that might unreasonably disturb the quiet occupancy of any person residing on any other
Lot. This paragraph shall not be construed so as to prohibit the Developer from construction
activities consistent with its residential construction practices.
D. Sig s. No signs of any character shall be erected, posted or displayed upon the
Property, except: (i) marketing signs installed by the Developer while marketing the Lots and
1:\USERSUAN1My Documents\Wocd\RESTRIC7ICC&R form.doc
-5-
residences for sale; (ii) street and identification signs installed by the Association or the Developer;
and (iii) one temporary real estate sign not to exceed six square feet in area advertising that such Lot
is for sale.
E. Animals. No person may keep, breed, board or raise any animal, livestock, reptile,
or poultry of any kind for breeding or other commercial purpose on any Lot, or in or upon any part
of the Common Property, unless expressly permitted by the Rules.
F. Nuisances. No noxious or offensive trade shall be permitted on the Property or
within any dwelling located on the Property.
G. Business. No industry, business, trade, occupation or profession of any kind may be
conducted, operated or established on the Property, without the prior written approval of the Boazd.
H. Stora e. No open storage of any kind is permitted. No storage buildings of any
kind are permitted, including without limitation, sheds or barns.
L Hotel/Transient Uses; Leases. No Lot may be used for hotel or transient uses,
including without limitation, uses in which the occupant is provided customary hotel services such
as room service for food and beverage, maid service, famishing laundry and linen, or similar
services, or leases to roomers or boazders. All leases shall be in writing and shall be subject to this
Declaration.
J. Vehicles. The Board shall be entitled to create and enforce reasonable rules
concerning the parking of any vehicle permitted in the Common Property. In addition to its
authority to levy Lot Assessments as penalties for the violation of such rules, the Board shall be
authorized to cause the removal of any vehicle violating such rules. No trucks, commercial
vehicles, boats, trailers, campers or mobile homes shall be parked or stored on the street or on any
Lot (except in an enclosed structure shielded from view) for any time period longer than forty-eight
(48) hours in any thirty (30) day period, provided, however, that nothing contained herein shall
prohibit the reasonable use of such vehicles as may be necessary during construction of residences
on the Lots.
The word "trailer" shall include trailer coach, house trailer, mobile home,
automobile trailer, camp car, camper or any other vehicle, whether or not self-propelled,
constructed or existing in such a manner as would permit rise and occupancy thereof, or for storage
or the conveyance of machinery, tools or equipment, whether resting on wheels, jacks, tires or other
foundation. The word "truck" shall include and mean every type of motor vehicle other than
passenger cars, passenger vans and any vehicle other than any light pickup truck which is used as a
personal automotive vehicle by an Owner or a member of an Owner's family.
K. Trash. Except for the reasonably necessary activities of the Developer during the
original development of the Property, no burning or storage of trash of any kind shall be pemutted
on the Property. All trash shall be deposited in covered, sanitary containers, screened from view.
I:\USERSUAMMy Documents\Word\RESTRiC'I\CC&R focm.doc
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L. Antennae. No outside television or radio aerial or antenna, or other aerial or antenna,
including satellite receiving dishes, for reception or transmission, shall be maintained on the
prenuses, to the extent permissible under applicable statutes and regulations, including those
administered by the Federal Communications Commission, except that this restriction shall not
apply to satellite dishes with a diameter less than twenty-four inches (24"), erected or installed to
minimize visibility from the street which the dwelling fronts.
M. Utility Lines. All utility lines on the Property shall be underground, subject to
' the requirements of relevant governmental authorities and utility companies.
N. Tanks. No tanks for the storage of propane gas or fuel oil shall be permitted to be
located above or beneath the ground of any Lot except that propane gas grills are permitted.
O. Street Tree. Developer may designate one (1) or more trees as deemed necessary by
Developer along the street in front of each Lot. If Developer determines to designate street tree(s)
then the Lot Owners agree to such uniform street trees. Each Lot Owner shall care for, and, if
necessary, replace such tree or trees at the Lot Owner's expense with a like type of tree.
P. Mailbox. Developer may designate a curb side mailbox for each Lot with a design
in giving uniformity to the subdivision. If the mailbox is damaged, destroyed or deteriorates, then
each Lot Owner, at such Lot Owner s expense, shall repair or replace such mailbox with another of
alike kind, design, pattern and color as the initial mailbox.
Q. Yard Lights and Lamp Posts. All yard lights and lamp posts shall conform to the
standards set forth by the Design Review Board.
R. Fencin .The Design Review Boazd shall have the authority to establish standazds
according to which fencing and walls may be permitted in the Subdivision. Said authority shall
include the power to prohibit fencing or walls, or both, entirely, to prohibit.fencin~ or walls of
certain types, and to prohibit fencing or walls in certain areas. All fencing and walls shall conform
to the standards set forth by the Design Review Board, and shall be approved by the Board, in
writing, prior to the installation thereof. By way of example, and not limitation, compliance with
the following standards shall be considered by the Board in reviewing fence applications:
Fences or walls shall be constructed of wood, approved plastic, stone or brick only, and in
no event shall chain link or other metal or wire fencing be permitted;
No fence or wall shall be constructed in excess of forty-eight inches (48") above finished
grade, provided however that if a governmental agency exercising jurisdiction
over the property on which the fence or wall is [o be constructed requires a
minimum height in excess of 48" for safety reasons (i.e. swimming pool
enclosure), such fence or wall may exceed 48" above finish grade, but only to the
extent necessary to meet the governmentally required minimum;
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Fences or walls shall not be located closer to the street than a line pazallel to the street and
extending from the midpoint between the front and rear corners of the home, and
in no event shall fences be located closer to any street than the building line
shown on the recorded plat, except for ornamental railings, walls or fences not
exceeding three feet (3') in height which aze located on or adjacent to entrance
platforms or steps;
Treated wood split rail fences are permitted. Dazk painted wire mesh or plastic mesh
attached inside a split rail fence is permitted; and
Decorative wood and plastic fencing is permitted by approval of the Design Review
Board or its assigns.
Nothing contained herein shall be interpreted or construed to pernut the use of approved
fencing materials to accomplish a purpose or use otherwise prohibited hereunder.
S. Swimming Pools. No above ground swimming pool extending twelve (12) inches or
more above the finished grade of the Lot shall be permitted upon any Lot except that this Article
IV, Paragraph S shall not be intended to prohibit the installation of a hot tub or sauna.
V. ARCHITECTURAL STANDARDS
All Property at any time subject to this Declaration shall be governed and controlled by this
Article.
A. Desigr? Review Board. The Design Review Board shall be a board consisting of
three (3) persons. Until the Turnover Date, Developer shall have the sole and exclusive right to
appoint and remove all three members of the Design Review Board at will, and may elect in the
exercise of its sole discretion, to act itself as the Board in lieu of appointing individuals. After the
Turnover Date, the Boazd shall have the right to appoint all three members to the Design Review
Board at will. If no Association exists at any tune on or after the Turnover Date, the Design
Review Board shall consist of three (3) members elected by the Owners, at an annual election at
which the owner(s) of each Lot shall have 1 vote (one vote per lot, regardless of the number of
owners). The then current Board shall handle the administration of the election, pursuant to which
the new Board members are to be elected, each for a term off' one year.
The Design Review Boazd shall have the exclusive authority, by action of two or more of
the members thereof, at a private or public meeting to determine the architectural standards which
shall govern the construction of Improvements on the Property. Each Owner covenants and agrees
by acceptance of a deed to a Lot, to comply with, and to cause his/her Lot and any occupant thereof
to comply with the standazds promulgated by the Design Review Board. No Improvement shall be
placed, erected or installed on the Property, no construction (which term shall include in its
definition staking, clearing, excavation, grading and other site work) and no plantings or removal of
plants, trees or shrubs shall be permitted without, until and unless the Owner first obtains the
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written approval thereof of the Design Review Boazd and otherwise complies with the provisions of
this Declazation.
B. Modifications. Except as otherwise provide in this Declaration, the Design Review
Board shall have jurisdiction over all construction, modifications, additions or alterations of
Improvements on or to the Property. No person shall construct any Improvement on any Lot,
including without limitation, alter surfaces of existing Improvements, change paint colors or
roofing materials, construct or modify fencing, or install any recreational device, without the prior
written consent of the Design Review Board. Owners shall submit plans and specifications
showing the nature, kind, shape, color, size, materials and location of Improvements and alterations
to the Design Review Board for its approval. Nothing contained herein shall be construed to limit
the right of an Owner to remodel or decorate the interior of his/her residence.
C. Variances. To avoid unnecessary hazdship and/or to overcome practical difficulties
in the application of the provisions of this Declaration, the Design Review Boazd shall have the
authority to grant reasonable variances from the provisions of this Article and from the azchitectural
standazds established pursuant to this Article, provided that the activity or condition is not
prohibited by applicable law; and provided further that, in their judgment, the variance is in the best
interest of the community and is within the spirit of the standards of the Design Review Boazd. No
variance granted pursuant to this Section shall constitute a waiver of any provision of this
Declaration as applied to any other person or any other part of the Property.
D. Improvements by Developer. Notwithstanding the foregoing to the contrary, all
Improvements and landscaping constructed by the Developer or its partners, members or
shareholders shall be deemed to comply in all respects with the requirements of the Design Review
Board.
VI. EASEMENTS AND LICENSES
A. Easement of Access and Enjoyment Over Conunon Property. Every Owner shall
have a right and easement (in common with all other Owners) of enjoyment in, over, and upon the
Common Property, and a right of access to and from hismer Lot, which rights shall be appurtenant
to, and shall pass with the tide to, his/her Lot, subject to tale terms and limitations set forth in this
Declaration, subject to the Rules. An Owner may delegate his/her rights of access and enjoyment to
fanuly members, occupants, guests and invitees.
B. Right of Entry for Repair. The duly authorized agents, officers, contractors, and
employees of the Association shall have a right of entry and access to the Properly, including
without limitation the Lots, for the purpose of performing the Association's rights or obligations set
forth in this Declaration. The Association may enter any Lot to remove or correct any violation of
this Declaration or the Rules, or to maintain, repair, and replace the Common Property, but only
during reasonable hours and after providing seventy-two (72) hours advance notice to the Owner,
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except in cases of emergency.
C. Easement for Utilities and Other Purposes. The Boazd or Developer may convey
easements over the Common Property to any entity for the purpose of constructing, installing,
maintaining, and operating poles, pipes, conduit, wires, ducts, cables, and other equipment
necessary to furnish electrical, gas, sewer, water, telephone, cable television, and other similaz
utility or security services, whether of public or private nature, to the Property and to any entity for
such other purposes as the Boazd or Developer deems appropriate; provided that such equipment or
the exercise of such easement rights shall not unreasonably interfere with the Owners' use and
enjoyment of the Property. 'The Boazd or Developer may grant such easements over all portions of
the Property for the benefit of adjacent properties as the Board or Developer deems appropriate;
provided that the grant of such easements imposes no undue, unreasonable, or material burden or
cost upon the Property; and further provided that the Board or Developer may not convey any
easement over a Lot without the prior written consent of the Owner of such Lot (which consent
shall not be unreasonably delayed or withheld).
D. Easement for Services. Anon-exclusive easement is hereby granted to all police,
firemen, ambulance operators, mailmen, deliverymen, garbage removal personnel, and all similar
persons, and to the local governmental authorities and the Association (but not to the public in
general) to enter upon the Common Property to perform their duties.
E. Reservation of Special Easements. Attached hereto as Exhibit B is a site plan of
SubdivisionName--, upon which certain areas have been "shaded" or "cross-hatched." The areas
marked by shading orcross-hatching identify and represent portions of the Property over, across,
under and through which the Developer reserves Special Easements for the purpose of
constructing Improvements or conveying rights deemed by the Developer to be beneficial to the
Property. Unless indicated otherwise on Exhibit B, the Special Easement areas are also No-Build
Zones. The Special Easement areas may be parts of individual Lots instead of on Common
Property. In such cases, the owner(s) of the Lot(s) affected by the Special Easement(s) shall be
and remain responsible for the ordinary care and maintenance of the Special Easement azea. If
special fencing, landscaping, storm water detention/retention, or community safety or entry
~~w features are constructed in a Special Easement area by the Developer, the State or the
Association, the responsibilities of the Lot owner on whose Lot such Improvement has been
constructed shall not exceed ordinary grass cutting, trimming and watering around such
Improvements. Nothing contained in this Section shall require that the Developer reserve or
establish Special Easements, and if no areas on Exhibit B'have been shaded orcross-hatched,
Developer has not reserved any Special Easements.
F. No-Build Zones. Any azeas designated on the recorded plat of SubdivisionName--
Subdivision, in prior deed restrictions, or on Exhibit B, as "No-Build Zones" shall be areas in
which no Owner shall have the right to construct or locate any Improvements. In vegetated No-
Build Zones, Owners may perform maintenance necessary for the safety of persons and property
(i.e. removing noxious and poisonous plants, or removing dead trees which may fall and harm
persons or other Improvements). Grassed No-Build Zones shall be mowed, trimmed and watered
by the person(s) responsible for the maintenance of the specific azea in question according to the
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other terms hereof.
HOMEOWNERS' ASSOCIATION
VII. MEMBERSHIP AND VOTING RIGHTS
A. Membership. Every Owner shall be deemed to have a membership in the
Association. Membership is a right appurtenant to and inseparable from an Owner s fee simple title
in a Lot, and such right of membership shall automatically transfer to any transferee of fee simple
title to a Lot at the time such title is conveyed or at such time as a land installment contract is
entered for the conveyance of fee simple title. The foregoing is not intended to include persons
who hold an interest merely as security for the performance of an obligation, and the giving of a
security interest or mortgage shall not terminate an Owner's membership. No Owner, whether one
or more persons, shall have more than one membership per Lot owned. In the event an Owner
consists of more than one person, such persons shall have one membership in the Association in
common.
B. Governance. Voting and all other matters regazding the governance and operation
of the Association shall be set forth in the Association Documents.
VIII. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
A. Common Property. Developer may, from time to time, at Developer's option,
convey to the Association for the use and benefit of the Association and the Members real or
personal property, or any interest therein, as part of the Common Property in the nature of an
easement appurtenant to the Property. The Association shall accept title to any interest in any real
or personal property transferred to it by Developer. The Association, subject to the rights of the
Owners set forth in this Declaration and the Association Documents, shall be responsible for the
exclusive management and control of the Common Property, if any, and all improvements thereon,
and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, in accordance
with the terms and conditions of this Declaration.
B. Personal Property and Real Property for Common Use. The Association may
acquire, hold, mortgage and dispose of tangible and intangible personal property and real property
in addition to that property conveyed to it by Developer.
C. Cost-Sharing Agreements. The Association may enter into cost-sharing agreements
with other homeowners associations pursuant to which the Association agrees to share in the cost of
maintaining, repairing and replacing entranceway features, landscaping, storm water retention
facilities, mounding, fencing and any other improvements that benefit the Property.
D. Rules and Regulations. The Association may make and enforce reasonable rules
and regulations governing the use of the Property, which shall be consistent with this Declaration
and the Association Documents. The Association shall have the power to impose sanctions on
Owners, including without limitation: (i) reasonable monetary fines which shall be considered Lot
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Assessments, (ii) suspension of the right to vote as a Member of the Association, and (iii)
suspension of the right to use the Common Property. In addition, the Board shall have the power to
seek relief in any court for violations or to abate unreasonable disturbances. If the Boazd expends
funds for attorneys' fees or litigation expenses in connection with enforcing this Declaration, the
Association Documents or the Rules against any Owner, tenant, guest or invitee of any Owner, the
amount shall be due and payable by such Owner and shall be a Lot Assessment against such
Owner's Lot.
E. Implied Rights. The Association may exercise any other right or privilege given to
it expressly by the laws of the State and this Declaration, and every other right or privilege
reasonably implied from the existence of any right or privilege granted in this Declaration, or
reasonably necessary to effect any such right or privilege.
F. Managing Agent. The Board may retain and employ on behalf of the Association a
Manager, which may be Developer, and may delegate to the Manager such duties as the Board
might otherwise be authorized or obligated to perform. The compensation of the Manager shall be
a Common Expense. The term of any management agreement shall not exceed three years and
shall allow for termination by either party, without cause, and without penalty, upon no more than
90 days' prior written notice.
G. Insurance.
1. The Association shall be required to obtain and maintain adequate blanket
property insurance, liability insurance and flood insurance covering all of the Common Property in
an amount as is commonly required by prudent institutional mortgage investors.
2. The Association may, in the Board's discretion, obtain and maintain the
following insurance: (a) fidelity bond coverage and workers' compensation insurance for all
officers, directors, boazd members and employees of the Association and all other persons handling
or responsible for handling funds of the Association, (b) adequate comprehensive general liability
insurance, (c) officers' and trustees' liability insurance to fund the obligations of the Association
under Article X Paragraph D, (d) additional insurance against such other hazazds and casualties as
is required bylaw, and (e) any other insurance the Association deems necessary.
3. In the event of damage or destruction of any portion of the Common
Property, the Association shall promptly repair or replace the same, to the extent that insurance
proceeds are available. Each Owner hereby appoints the Association as its attorney-in-fact for such
purpose. If such proceeds are insufficient to cover the cost of the repair or replacement, then the
Association may levy a Special Assessment pursuant to Section IX to cover the additional costs.
H. Condemnation. The Association shall represent the Owners in any condemnation
proceedings or in negotiations, settlements and agreements with the condemning authority for
acquisition of the Common Property, or any portion thereof. Each Owner hereby appoints the
Association as its attorney-in-fact for such purpose. The awards or proceeds of any condemnation
action shall be payable to the Association, to be held in trust for the benefit of the Owners.
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L Books. Records. Upon reasonable request of any Member, the Association shall be
required to make available for inspection all books, records and financial statements of the
Association.
IX. ASSESSMENTS
A. Reserve Fund. The Board shall establish a Reserve Fund for financing the operation
~.w of the Association, for paying necessary costs and expenses of operating the Association and
repairing and maintaining the Common Property.
B. Types of Assessments. The Developer, for each Lot owned, covenants and agrees,
and each Owner, by accepting a deed to a Lot, is deemed to covenant and agree, to pay to the
Association the following assessments: (i) Annual Assessments; (ii) Special Assessments; and (iii)
Lot Assessments. No Owner may gain exemption from liability for any Assessment by waiving or
foregoing the use or enjoyment of any of the Common Property or by abandoning his/her Lot.
Annual and Special Assessments shall be fixed at a uniform rate for all Lots.
C. Annual Assessments. The Board shall annually estimate the Common Expenses
and the expenses, if any, it expects the Association to incur in the Association's next ensuing fiscal
year for the maintenance, operation and management of the Association, (which may include
amounts, if any, for the Reserve Fund - as may be determined by the Board) and shall assess each
Owner of a Lot an Annual Assessment equal to such estimated expenses divided by the total
number of Lots. The Annual Assessments shall be paid in accordance with the procedures set forth
in the Rules. Notwithstanding the foregoing to the contrary (i) prior to January 1, in no
event shall the Annual Assessments for each Lot exceed ;and (ii)
prior to the date that Developer relinquishes its right to appoint members of the Board as set forth in
the Association Documents (the "Turnover Date"), Developer may elect to pay the Annual
Assessments applicable to Lots owned by Developer or in lieu thereof, not paY such Annual
, Assessments and pay any deficit incurred in operating the Association.
D. Special Assessments. The Board may levy against any Lot(s) a Special Assessment
to pay for capital expenditures or interest expense on indebtedness incurred for the purpose of
making capital expenditures and not projected to be paid out of the Reserve Fund; provided that any
such assessment shall have the assent of two-thirds (213) of Members who are voting in person or
by proxy at a meeting duly called for this purpose. Wrirten notice of any meeting called for the
purpose of levying a Special Assessment shall be sent to all Members not less than 30 days nor
more than 60 days in advance of the meeting. A quorum must be present at any such meeting.
E. Lot Assessments. The Board may levy a Lot Assessment against any Lot(s) and the
Owner(s) thereof to reimburse the Association for costs incurred on behalf of the Lot(s), including
without limitation, costs associated with making repairs that are the responsibility of the Owner;
costs of additional insurance premiums specifically allocable to an Owner; costs of any utility
expenses chargeable to an Owner but not separately billed by the utility company; and all other
fines and charges reasonably determined to be a Lot Assessment by the Board. Upon its
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determination to levy a Lot Assessment, the Boazd shall give the affected Owner(s) written notice
and the right to be heazd by the Board or a duly appointed committee thereof in connection with
such Lot Assessment, 10 days prior to the effective date of the levy of any Lot Assessment. The
Board may levy a Lot Assessment in the nature of a fine reasonably determined by the Board
against the Lot of any Owner who violates the Rules, the Association Documents or any provision
of this Declaration, or who suffers or permits his/her family members, guests, invitees or tenants to
violate such Rules, the Association Documents, or provisions of this Declaration.
F. Remedies.
1. Late Charge; Acceleration. )•f any Assessment remains unpaid for 10 days
after all or any part thereof shall become due and payable, the Boazd may chazge interest at the
lesser of the rate of 12% per annum or the highest rate permitted by law, together with an
administrative collection chazge of $25.
2. Liability for UnQaid Assessments. Each Assessment or installment of an
Assessment, together with interest thereon and any costs of collection, including reasonable
attorneys' fees shall become the personal obligation of the Owner(s) beginning on the date the
Assessment or installment thereof becomes due and payable. The Board may authorize the
Association to institute an action at law on behalf of the Association against the Owner(s)
personally obligated to pay any delinquent assessment. An Owner's personal obligation for a Lot's
delinquent Assessments shall also be the personal obligation of n~~ass--ta-his/her successors in
title who acquire an interest after any Assessment becomes due and payable and both such Owner
and his/her successor in title shall be jointly and severally liable therefor.
Except as otherwise provided herein, the transfer of an
interest in a Lot shall neither impair the Association's lien against that Lot for any delinquent
Assessment nor prohibit the Association from foreclosing that lien.
3. Liens. All unpaid Assessments, together with any interest and charges
thereon or costs of collection, shall constitute a continuing charge in favor of the Association and a
lien on the Lot against which the Assessment was levied. If any Assessment remains unpaid for 10
days after it is due, then the Board may authorize any officer or appointed agent of the Association
to file a certificate of lien for all or any part of the unpaid balance of that Assessment, together with
interest and costs, with the appropriate governmental office containing a description of the Lot
which the lien encumbers, the name(s) of the Owner(s) of that Lot, the amount of the unpaid
portion of the Assessment, and such other information as `the laws of the State may require. The
certificate may be signed by any officer, authorized agent or Manager of the Association. Upon the
filing of the certificate, the subject Lot shall be encumbered by a continuing lien in favor of the
Association. The Assessment lien shall remain valid for a period of five years from the date such
certificate is duly filed, unless the lien is released earlier or satisfied in the same manner provided
by the law of the State for the release and satisfaction of mortgages on real property, or unless the
lien is discharged by the final judgment or order of any court having jurisdiction. Notwithstanding
the foregoing, the lien for Assessments provided for in this Section shall be subordinate to the lien
of any bona fide first mortgage on a Lot.
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4. Vote on Association Matters; Use of Common Property. If any Assessment
remains unpaid for 30 days after it becomes due, then the delinquent Owner's voting rights upon
Association matters and privileges to use the Common Property, except for necessary ingress and
egress to his/her Lot, shall be suspended until such Assessment is paid.
X. MAINTENANCE
A. Maintenance by Association. The Association shall maintain and keep in good
repair the Common Property. This maintenance shall include, without limitation, maintenance,
repair, and replacement of all landscaping and other flora, structures, and improvements situated
upon the Common Property and all personal property used in connection with the operation of the
Common Property.
B. Maintenance by Owner. Each Owner or occupant shall repair, replace, and maintain
in good order and condition, at his/her expense, portions of, improvements to, structures on, and,
equipment and components used in connection with, his/her Lot. This maintenance responsibility
includes, without limitation, promptly furnishing all necessary materials and performing or causing
to be performed at his/her own expense all maintenance, repairs and replacements within such Lot
that, if omitted, would adversely affect the safety and usefulness of the Common Property. Each
Owner shall maintain those portions of his/her Lot that are adjacent to any portion of the Common
Property in accordance with the Rules and the requirements set forth in this Declazation.
C. Right of Association to Repair Lot. If any Owner fails to maintain his/her Lot in the
manner required herein, and if the Boazd determines that any maintenance of that Lot is necessazy
to ensure public safety, to permit reasonable use or enjoyment of the Common Property by Owners,
to prevent damage to or destruction of any other part of the Common Property or to comply with
the Rules or the terms of this Declaration, then the Board may authorize its employees or agents to
enter the Lot at any reasonable time to complete the necessary maintenance and the Boazd may levy
a Lot Assessment for all reasonable expenses incurred.
. ,
D. Damage to Common Property By Owner or Occupant. If the Common Property is
: , damaged by any Owner or occupant, his/her family, guests, or invitees, then the Board may levy a
Lot Assessment against such Owner for the cost of repairing or replacing the damaged property.
The Association shall be entitled to enter a Lot to repair or maintain any Common Property adjacent
to such Lot.
MISCELLANEOUS TERMS
XI. MISCELLANEOUS
A. Term. This Declaration shall bind and run with the land for a term of 30 years from
and after the date that this Declaration is filed for recording with the appropriate governmental
office and thereafter shall automatically renew forever for successive periods of 10 years each,
unless eazlier terminated by a majority of the Members.
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B. Enforcement; Waiver. This Declazation may be enforced by any proceeding at law
or in equity by the Developer, any Owner, the Association, the Design Review Boazd, and their
respective heirs, successors and assigns, against any person(s) violating, or attempting to violate,
any covenant or restriction, to restrain and/or to enjoin violation, to obtain a decree for specific
performance as to removal of any nonconforming Improvement, and to recover all damages, costs
of enforcement and any other costs incurred (including without limitation reasonable attorneys'
fees). 6Failure of Developer, the Association or any Owner to enforce any provision of this
Declaration or the Rules in any manner shall not constitute a waiver of any right to enforce any
violation of such provision. By accepting a deed to a Lot, each Owner is deemed to waive the
defenses of laches and statute of limitations in connection with the enforcement of this Declaration
or the Rules.
C. Amendments. Until the Turnover Date, Developer may, in its sole and absolute
discretion, unilaterally amend this Declaration at any time and from time to time, without the
consent of any other Owners. Any such amendment may impose covenants, conditions, restrictions
and easements upon the Property in addition to those set forth herein including, without linutation,
restrictions on use and covenants to pay additional charges with respect to the maintenance and
improvement of the Property. After the Turnover Date, Developer may unilaterally amend this
Declaration, without the consent of any other Owners, if such amendment is: (a) necessary to bring
any provision hereof into compliance with any applicable governmental statute, rule, regulation or
judicial order, (b) necessary to enable any reputable title insurance company to issue title insurance
coverage on the Lots, (c) necessary to conform to the requirements of United States Federal
Housing Administration, or (d) necessary to correct errors; provided, however, any such
amendment shall not materially adversely affect the title to any Lot unless the Owner thereof has
consented to such amendment in writing. No amendment may remove, revoke, or modify any right
or privilege of Developer without the written consent of Developer or the assignee of such right or
privilege. Developer shall have the right and power, but neither the duty nor the obligation, in its
sole and absolute discretion and by its sole act, to subject additional property to this Declaration at
any time and from time to time by executing and recording in the appropriate governmental office
an amendment to this Declaration specifying that such additional property is part of the Property.
An amendment to this Declaration shall not require the joinder or consent of the Association, other
Owners, mortgagees or any other person. In addition, such amendments to the Declaration may
contain such supplementary, additional, different, new, varied, revised or amended provisions and
memberships as may be necessary or appropriate, as determined by Developer, to reflect and
address the different character or intended development of any such additional property.
D. Developer's Rights to Complete Development. Developer shall have the right to:
(a) complete the development, construction, promotion, mazketing, sale, resale and leasing of
properties; (b) construct or alter Improvements on any property owned by Developer, (c) maintain
model homes, offices for construction, sales or leasing purposes, storage areas, construction yards
or similar facilities on any property owned by Developer or the Association; or (d) post signs
incidental to the development, construction, promotion, marketing, sale and leasing of property
within the Property. Further, Developer shall have the right of ingress and egress through the
streets, paths and walkways located in the Property for any purpose whatsoever, including, but not
limited to, purposes related to the construction, maintenance and operation of Improvements.
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Nothing contained in this Declaration shall limit the rights of Developer or require Developer to
obtain approval to: (i) excavate, cut, fill or grade any property owned by Developer or to construct,
alter, remodel, demolish or replace any Improvements on any Common Property or any property
owned by Developer as a construction office, model home or real estate sales or leasing office in
connection with the sale of any property; or (iii) require Developer to seek or obtain the approval of
the Association or the Design Review Board for any such activity or Improvement on any Common
Property or any property owned by Developer. Nothing in this Section shall limit or impair the
reserved rights of Developer as elsewhere provided in this Declaration.
E. Developer's Rights to Replat Developer's Property. Developer reserves the right, at
any time and from time to time, to amend, alter or replat any plat or development plan and to amend
any zoning ordinance which affects all or any portion of the Property; provided, however, that only
real property owned by Developer shall be the subject of any such amendment, alteration or
replatting. Each Owner and Member and the Association, for themselves and their successors and
assigns, hereby consents to and approves any such amendment, alteration or replatting and shall be
deemed to have joined in the same.
FD. Mortgagee Rights. A holder or insurer of a first mortgage upon any Lot, upon
written request to the Association (which request shall state the name and address of such holder or
insurer and a description of the Lot) shall be entitled to timely written notice of:
(a) any proposed amendment of this Declaration;
(b) any proposed termination of the Association; and
(c) any default under this Declaration which gives rise to a cause of action by
the Association against the Owner of the Lot subject to the mortgage of such
holder or insurer, where the default has not been cured in 60 days.
Each holder and insurer of a fast mortgage on any Lot shall be entitled, upon request and at such
mortgagee's expense, to inspect the books and records of the Association during normal business
hours.
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G13. Indemnification. The Association shall indemnify every Board member, officer and
trustee of the Association against any and all claims, liabilities, expenses, including attorneys' fees,
reasonably incurred by or imposed upon any officer or trustee in connection with any action, suit, or
other proceeding (including settlement of any suit or proceeding, if approved by the Board) to
which helshe may be a party by reason of being or having been an officer or trustee. The Boazd
members, officers and trustees shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misconduct, bad faith or gross negligence. The
Board members, officers and trustees of the Association shall have no personal liability with respect
to any contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such Board members, officers or trustees may also be Members of the
Association), and the Association shall indemnify and forever hold each such Board member,
officer and trustee free from and harmless against any and all liability to others on account of any
such contract or commitment. Any right to indemnification provided herein shall not be exclusive
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of any other rights to which any Boazd member, officer or trustee, or former Board member, officer
or trustee, may be entitled.
HHI~. Severability. If any article, section, paragraph, sentence, clause or word in this
Declaration is held by a court of competent jurisdiction to be in conflict with any law of the State,
then the requirements of such law shall prevail and the conflicting provision or language shall be
deemed void in such circumstance; provided that the remaining provisions or language of this
Declaration shall continue in full force and effect.
III. Captions. The caption of each Article, section and paragraph of this Declaration is
inserted only as a matter of reference and does not define, limit or describe the scope or intent of the
provisions of this Declaration.
J~. Notices. Notices to an Owner shall be given in writing, by personal delivery, at the
Lot, if a residence has been constructed on such Lot, or by depositing such notice in the United
States Mail, first class, postage prepaid, to the address of the Owner of the Lot as shown by the
records of the Association, or as otherwise designated in writing by the Owner.
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-18-
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IN WITNESS WHEREOF, the Developer has caused the execution this Declaration as of
the date first above written.
Signed and aclrnowledged in
the presence of: M/I Schottenstein Homes, Inc.,
an Ohio corporation
By:
Witness Name: Paul S. Coppel
Senior Vice President/General
Counsel
Witness Name:
STATE OF OHIO )
SS:
COUNTY OF FRANKLIN )
The foregoing instrument was aclmowledged before me a-Reta~E this day of
199_, by Paul S. Coppel, Senior Vice SignatorTitle--/General Counsel of M/I
Schottenstein Homes, Inc., and Ohio corporation, ee~~on behalf of the
DeveloperEntit}Type---e~tgeratierr.
!:\USERSVAMMy Documents\Word\RESTRIC'r~CC&R form.doc
-19-
This instrument Prepared By:
Developer
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I:\USERSUAMMy Documrnts\Word\RESTRICTCCBcR form.doc
-20-
Riverside PCD .Text
The proposed changes are on page 17 only.
AS SUBMITTED TO COUNgL p
~Z Q FOR MEETING ON 1 z ~ ~ /
_
Subarea Standards
Riverside Dublin
July 1, 1988
Revised August 25,1988
Revised September 30, 1988
Revised December 15, 1988
Revised December 20, 1988
Revised January 11, 1989
Revised January 13, 1989
Revised February 10, 1989
Revised October 5, 1998
Revised November 26, 1999 (additions are noted by
underlining)
The following Subarea Descriptions and Development Standards by subarea shall be made part of
the Concept Plan are further discussed and illustrated in the Subarea Plan.
Subarea Descriptions
Subarea A Post Road Related: 27.3 ac.
This area is characterized by its relationship to residential and nursing home uses on the north side
of Post Road. Development within this subarea should be of the office type and should reflect
residential scale and character. A reasonable landscape setback buffer should be provided between
the residential uses and the proposed development within Subarea A, and A2. '
Subarea B Proposed Retail Center: 25.1 ac.
Subarea B is sandwiched between the lighter office related uses of Subarea and the more intense
hospital and freeway office related uses of Subarea C,. This area contains a mix of
retail/commercial uses in an integrated shopping environment typical in size to a small community
center. This self-contained area also has access on two sides and is closely related to both traffic
signals on Avery Road to create an even distribution of traffic.
1
Subarea B, & BZ Avery Road Outparcels: 4 ac.
Retail outparcels located along Avery Road and the proposed entry drive. Uses and Architecture
will be integrated into proposed retail center located in Subarea B.
Uses in Subarea BZ will be for either retail outparcel or medical office buildings.
Subarea C, Hospital/State Route 161 Related Uses: 33.7 ac.
Uses within Subarea C, focus around development of a community hospital or medical/institutional
campus. Because of extensive State Route 161 frontage, additional uses within Subarea CZ will
be freeway oriented, including general office.
Subarea CZ Medical/Avery Road Related Uses: 18.4 ac.
Uses within Subarea CZ will primarily service those uses located within Subarea C, but will not
include hospital beds for overnight stay. Because of extensive Avery Road frontage, these uses
will include primarily medical office, hotel, clinical and diagnostic service uses. Within this
subarea approximately 8.6 acres will be dedicated for completion of the interchange.
Subarea Development Standards
General
1. If these standards conflict in any way with the City of Dublin Codified Ordinances, then
the Planned Commerce District shall prevail. Standards in the Dublin Zoning Code
applicable to matters not covered in this document shall apply to each of the subareas in
the Planned Commerce District.
2. The street plan shown is the general scheme whit~h will be platted and constructed. It is
not however, intended to be precise, and while the functional system will be preserved, its
precise location may vary from that shown so long as the functional objectives continue to
be attained.
2
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3. Signage and Graphics:
a. All Signage and graphics shall conform to Dublin Sign Code Chapter 1189, except
as provided by this text for Subarea B, and except as provided for in the Signage
Criteria and approved as part of the Development Plan.
b. All signage shall be subject to applicable signage setbacks of Chapter 1189, Signs.
c. All ground supported signage shall reflect a uniform shape and shall be set in a
ti~ ~ frame of dark brown, black or bronze color.
d. Within Subarea A, and A2, no signage shall be located on or oriented toward Post
Road.
e. All uses within Subarea B, and BZ shall have signage of uniform size, shape and
materials, signs base shall be made of wood, brick, stone or stucco and shall reflect
the materials of the building. These signs shall have a maximum height of 6' and
contain no more than 50 SF of area per face. Landscaping shall be integrated into
signage feature.
f. All uses within Subarea B, and BZ shall be allowed two ground signs, one sign
oriented toward Avery Road and one sign oriented toward either a second public
street (provided the site has at least 100 feet of frontage on two public streets) or
the internal access road on the west side.
g. No building mounted signs will be allowed along Avery Road frontage.
h. Within Subarea B, two overall project identity signs shall be allowed for retail
center, one located at the eastern Perimeter Loop Road entrance to the center, and
one located at the western Perimeter Drive customer entrance_ Signage base would
reflect similar materials to Subarea B, and B,. All building mounted signage should
conform to Dublin Signage Code except as provided herein and reflect a common
shape, size, material and base color.
i. No sign shall be painted or posted directly on the surface of any building, wall or
fence except as provided herein or as permitted as tenant's main identification sign
under paragraph B.2. of the "Signage and Graphics" section of "Subarea B -
Retail Center" herein. No wall murals shall be allowed.
j. No signs shall be applied to windows for the purpose of outdoor or exterior
advertising.
3
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k. No roof signs shall be permitted. Nor should a sign extend higher than the
building.
1. No flashing, traveling, animated or intermittently illuminated signs may be used.
m. No billboards, or electrical or other advertising signs shall be allowed other than
a sign carrying the name of the business occupying the site.
n. On site permanent directional sign, e.g. employee and visitor parking, deliveries,
etc. will be of a common design, material and size must meet signage standards.
4. Lighting:
a. External lighting within all subareas shall be cutoff type fixtures.
b. All parking, pedestrian and other exterior lighting shall be on poles or wall
mounted cutoff fixtures and shall be form the same type and style.
c. All light poles and standards shall be dark in color and shall be constructed of dark
wood, or dark brown, black or bronze metal.
d. Parking lot lighting shall be no higher than 28' .
e. Cutoff type landscape and building uplighting shall be permitted.
Subarea A Post Road Related
Permitted Uses -
~ The following uses shall be permitted within Subarea A,
a) Those uses listed in Section 1159.01 (SO) of the Zoning Code.
b) Skilled Nursing Facility.
c) Hospice.
d) Daycare Center.
The following uses shall be permitted within Subarea AZ:
a) Those uses listed in Section 1159.01 (SO)
b) Financial Institution (Condition Use drive-thru for Bank).
4
. _
Density:
The density shall not exceed 10,000 SF/AC.
Yard and Setback Requirements:
1. Setback from Post Road shall be 75' for pavement and 100' for buildings.
2. Side yards shall be 25' for pavement and buildings.
3. Rear yards shall be 25' for pavement and buildings.
4. Front yard and parking setback from publicly dedicated local access streets shall
be 25' for pavement and 50' for buildings.
5. Total ground covered, exclusive of parking garages, by all buildings shall not
exceed 25 % of the total lot area.
6. The setback from Avery Road shall be 30' for paving, 50' for building.
7. Setback from Perimeter Drive extension shall be 30' for pavement and 50' for
building.
Height Requirements:
1. Maximum height for structures within Subarea A shall be 35' as measured per
Dublin Zoning Code.
Parking and Loading:
1. Size, ratio and type of parking and loading facility shall be regulated by Dublin
Code Chapter 1193.
Circulation:
1. Existing Post Road shall remain a 60' right-of-way and relocated Post Road
intersecting with Perimeter Drive Extension shall be an 60' right-of--way with a 32'
pavement.
5
2. The Perimeter Drive Extension shall have a 100' right-of--way and 56' pavement
width at the intersection and taper down to an 80' right-of--way and a 36' pavement.
3. All other local public access streets shall have 60' rights-of--way with 32' pavement.
4. Avery Road shall have a 112' right-of--way consistent with preliminary plan for
Avery Road widening prepared by E.M.H. & T.
5. Curb cuts on Perimeter Drive extension shall be spaced a minimum of 200' (as
measured from the driveway's centerline) with opposing curb cuts offset no less
than 100' or directly aligned wherever possible consistent with prudent traffic
engineering principles and practice.
Waste and Refuse:
1. All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence.
Storage and Equipment:
1. No materials, supplies, equipment or products shall be stored or permitted to
remain on any portion of a parcel outside a permitted structure. Mechanical
equipment or other utility hardware on roof, ground or buildings shall be screened
from public view with materials harmonious with the building.
Landscaping:
1. Landscaping shall be according to the Dublin Landscape Code Chapter 1187. In
addition, landscaping shall be provided within the Post Road setback shall include
a sodded or seeded mound with a mixture of ornamental, evergreen and shade
trees. The mound shall be natural in appearance and shall vary between 130' and
150' in length, and 5' to 6' in height. Landscape plantings will be in accordance
with the attached "Avery-Muirfield Buffer Landscape Treatment" dated 9/15/95.
2. In addition, landscaping within Perimeter Drive Extension shall include a 3' to 4'
landscaped mound with street trees planted 50' on center within the right-of--way
and planted 1' from the right-of-way line.
6
3. A comprehensive landscape plan along Avery Road corridor is provided as shown
in "Avery-Muirfield Buffer Landscape Treatment" dated 9/15/95. The plan
incorporates plant materials, stone pillars, signage, lighting and grading with a
single design element creating a unique, aesthetic entrance to the Dublin Area.
Architecture:
1. All buildings shall be finished with natural materials: brick, wood, stone, stucco
and shall be of earth tone colors. Roofs shall have a pitch no flatter than 6:12 and
shall use dimensional asphalt shingles.
2. The Planning Commission shall have the right to review materials to assure they
are consistent with other building materials used in the area. The Planning
Commission may accept alternative materials and colors if they are consistent with
other building materials and add to the overall architectural quality.
3. The building shall have the same degree of finish on all four sides.
4. Buildings along Avery Road shall be designed to reflect the existing character of
Avery Road and be sympathetic of the residential areas to the north.
mow,, -
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7
.
Subarea B -Retail Center
Permitted Uses
The following uses shall be permitted within Subarea B:
a) Those uses listed in Section 1159.01 (SO) of the Zoning Code.
b) Those uses listed in Section 1163.01 of the Zoning Code.
Conditional Uses
a) Drive-in facilities developed in association with a permitted use.
b) Theaters.
Yard and Setback Requirements:
1. Along Perimeter Drive Extension, pavement setbacks shall be 30', building
setbacks 50' .
2. Along the South Access Drive, pavement setbacks shall be 25', building setbacks
50' .
3. All other local street pavement setbacks shall be 25', building setbacks 50'.
Total building square footage permitted per acre shall not exceed 10,000 square feet.
Utilities:
1. All utility lines including water supply, sanitary sewer service, electricity,
telephone and gas, and their connections or feeder lines should be place
underground.
2. All utility connections should be kept to the rear or the side of the building, out of
view or screened.
8
3. All mechanical equipment and related structures should be effectively screened
from grade level view as well as on site views from within the development.
4. Mechanical equipment or other utility hardware on roof, ground, or buildings shall
be screened form public view with materials harmonious with the building.
Circulation:
1. Avery Road shall have a 112' right-of--way consistent with preliminary plan for
Avery Road widening prepared by E.M.H. & T.
2. Perimeter Drive Extension shall have a 100' right-of--way, and a 56' pavement
width and shall taper to an 80' right-of--way, and a 36' pavement.
3. South Access Drive shall have a 100' right-of--way, and a 56' pavement width and
shall taper to an 80' right-of--way, and a 36' pavement.
4. All other local public access streets shall have a 60' right-of-way, and a 32'
pavement width.
5. Opposing curb cuts on the Perimeter Drive Extension and the South Access Drive
shall be offset no less than 100' (as measured from the driveways centerline) or
directly aligned wherever possible consistent with prudent traffic engineering
principles and practices.
Paving:
1. Asphalt paving for roads and parking areas.
2. Concrete curbs.
3. Concrete road paving as needed in service area.
4. Sidewalks should be minimum 4' 0" wide; paving material to be broom finish
concrete.
9
Parking:
In addition to meeting the current City of Dublin code requirements, the following guidelines
should be followed in the design of parking facilities.
1. All parking and loading shall be regulated by the Dublin Code Chapter 1193.
2. Drive-thru stacking areas for fast food restaurants shall accommodate a'minimum of eight
spaces per exchange window.
3. Bank drive-thru stacking requirements as per the Columbus Zoning Code.
4. Parking stalls shall be laid out in the most efficient manner; 90 degree layouts are
suggested with 9' x 19' stall and 22' - 24' aisles.
5. No parking shall be permitted on either the Perimeter Drive Extension or the South Access
Road.
6. One curb cut shall be permitted for each parcel. An additional combined curb cut shall also
be permitted creating a maximum of three curb cuts for every two parcels.
7. Where slopes occur that exceed 3:1, the area shall be terraced or treated with erosion
control materials, shrubs or ground cover. Materials which will roll, wash or float away
are to be avoided on these slopes.
8. Handicap parking spaces shall be 19' long x 12' wide. Handicap ramp access shall be
included in conjunction with these parking spaces.
Waste and Refuse:
1. All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence.
Service:
1. All loading activity shall occur within a building.
2. No noises, smoke, odors, vibrations or other nuisances shall be permitted.
3. No area of the site will be used for outdoor storage.
10
4. Service courts and loading docks shall be screened form all streets by landscaping,
mounding or walls.
5. No materials, supplies, equipment or products shall be stored or permitted to
remain on any portion of the parcel outside the permitted structure.
~ Landscaping:
~ A comprehensive landscape plan along Avery Road corridor is provided as shown in "Avery-
Muirfield Buffer Landscape Treatment" dated 9/ 15/95. The plan incorporates plant materials,
stone pillars1 signage, lighting and grading into a single design element, creating a unique,
aesthetic entrance to the Dublin area.
1. All landscaping shall be according to the Dublin Landscape Code Chapter 1187.
2. Along Perimeter Drive Extension and the South Access Drive, a 3' to 4' high
landscape mound shall be provided with street trees planted 50' on center, within
the right-of--way and planted 1' from the right-of--way line.
3. The rear of all buildings or structures shall be screened with planting, hedge,
fence, wall or earth mound to provide a minimum of 50% winter opacity and 70%
summer opacity, between 1' above finish level and 6' in height.
4. Minimum size of all trees shall be 2" to 2 1~2" caliper for shade trees, 6' to 8'
height for evergreen and 1" to 1 1/2" caliper for ornamentals.
General Conditions
A. Any portion of a lot upon which a building or parking area is not constructed shall be
landscaped.
B. Street trees on each side of an entry drive shall be set back twenty (20) feet from the curb
to accentuate the entry/exit points.
C. A minimum greenbelt of ten (10) feet shall be maintained along each adjoining property
line.
D. Shrub plantings are recommended masses or clustered in beds rather than singular shrub
plantings.
E. Site unity can be maintained by specifying the same species of major landscape elements
(shade trees, evergreen trees and ornamental trees). New compatible species of shrubs and
11
.
ground cover will be introduced to the plant palette as needed to provide interest, focal
points and screening around new development
Fences/Walls:
A. No chain link or wire fencing shall be permitted.
Architectural
Height:
A. No outparcel structure shall be more than 28' in height. For structures with pitched roofs,
this height limit will be measured to the roof peak.
B. Height limit for the shopping center will be 35'.
Color Palette:
A. Earth tones, muted and natural tones are preferred. Accent colors in brighter hues such
as white are permitted for building accent features only. A mixed palette on a single
building should be carefully selected so all colors harmonize with each other.
Materials:
A. Warm-tone brick.
B. White brick can be used as accent.
C. Cedar shakes/shingles with not less than 325 lb per square weight.
D. Split-face concrete block or pre-cast concrete used as an accent with dark brick only.
E. Stone veneer with limestone trim (limestone rubble in a coarse ashlar pattern).
F. Stucco when accented with brick or stone.
Roof:
A. Pitched roofs with gabled or hipped ends are suggested with a slope equal to 8/12.
B. Minimum 8" overhangs are suggested.
12
C. Glass roofs are acceptable in portions of a structure.
D. Mansard roofs are not permitted (unless used to screen air handling equipment).
E. Flat roofs are permitted if architecturally coordinated and approved by Planning
Commission.
Scale:
.
A. The scale of the structures should be sympathetic to a residential character.
B. Structures should be designed to harmonize with the landscape.
C. The scale of each building can be aided through the use of articulated building elements
such as porticoes, dormers, recesses and other such elements which help break up the mass
and bring it into a more residential character.
Wall Articulation/Fenestration:
A. In addition to using building elements to articulate the building mass, individual walls must
be articulated with fenestration, pattern or structural expression equally on all sides of each
structure.
B. Blank facades on the "rear" of the building will not be permitted, articulating such facades
with recesses, fenestration, fences, pilasters, etc. is not encouraged.
C. The amount of fenestration should be balanced with the amount of solid facade.
;.,x
D. With the exception of enclosed service corridors, the buildings shall have the same degree
of exterior finish on all sides.
Signage and Graphics:
All signs shall comply with the sign code unless varied by this text or accompanying drawings.
A. Main Identification Signs:
I. A total of two main identification signs shall be permitted, not to exceed 15 feet in
height on Perimeter Loop Road, 10 feet in height on Perimeter Drive, and 19 feet in
width, with a maximum each of two sign faces, with a maximum area of G6 square
feet per sign face, externally illuminated, with sign base materials matching the retail
13
tenant signage materials and colors. Permitted location for each main identification
sign: (1) at the eastern Perimeter Loop Road entrance to the center, and (2) at the
western most Perimeter Drive customer entrance.
2. Area of sign base (if any) shall not exceed area of sign face. The base shall not be
included in the overall area permitted for the sign face.
3. There will be no project identification sign located adjacent to Avery-Muirfield Drive
or SR 161/U.S. 33.
u
B. The Riverside-Dublin sign package shall meet the following elements:
1. All wall and projecting signage shall meet the City Sign Code relative to permitted
sign face area and that wall signs not exceed 15 feet in height, except as shown in
the attached sign detail drawings. Wall signage for Location 1. Which is the major
tenant (Kroger), will be a maximum of 22' 0" above finished walkway. The
following maximum tenant sign heights are permitted as shown on the attached isgn
detail drawings: Location 2; 20 feet: Location 3: 20 feet; Location 4: 18 feet.
Relative to sign face area and location,. The wall signage for the major tenant
(Kroger) and those tenant spaces STOPPED HERE------
2. Each tenant store front shall be limited to one wall sign, one projecting sign and
one awning sign. Wall sign faces shall not exceed one square foot in area of each
one lineal foot in store frontage not to exceed 80 square feet, except in the case of
the major tenant. (See Section 3 below). Projecting sign faces shall not exceed
three square feet in area.
3. The major tenant (Kroger) shall be permitted signage of an individual nature within
the center with a maximum area of 109 square feet. The "Kroger" letters shall be
internally illuminated with "white" plastic faces. An individual tenant may select
any one of the sign colors from the approved sign palette for a tenant wall sign.
All awning signage shall be painted on the fabric. The signage colors shall be
aesthetically compatible with the awning fabric.
4. Each tenant space with a recessed store front and a covered front walkway shall
have one (1) projecting sign of uniform size and design, as illustrated by the
accompanying drawing. Projecting signs area not permitted for any other tenant
spaces. Background color of projecting sign shall match letter color of that
particular tenant's wall sign.
5. Awning signs will be permitted per Code for property addressed, name of occupant
and year business established, should not state product name or lines, tag lines,
14
pictures of products, hours of operation or telephone or fax numbers, and provided
such signs are limited to one square foot in area unless approved by the Planning
and Zoning Commission as part of a development plan and the color is
complimentary to the awning and wall sign.
6. The signs will be externally illuminated, except for the major tenant, by gooseneck
light fixtures. The gooseneck fixtures will be comprised of the same exterior finish
and color, subject to staff approval.
7. The color of wall signs, projecting signs and awning signs shall be selected from
the existing Riverside Dublin Subarea B sign palette, as follows, or a compatible
color approved by staff:
a) Martin-Senour Market Square Tavern Dark Green W85-0620.
b) Martin-Senour Palace Arms Red W 1083.
c) Martin-Senour Benjamin Powell House Green W85-1089.
d) Sherwin Williams Palais White SW-2429.
e) Sherwin Williams Obsidian (Dark Blue) SW2738.
f) Sherwin Williams Amethyst SW2703.
g) Sherwin Williams Bonfire SW2321.
For samples of these colors, refer to case file #98-0242.
15
Subarea B, & BZ Outparcels
Permitted Uses
The following uses shall be permitted within Subarea B,
a) Those uses listed in Section 1159.01 (SO) of the Zoning Code.
b) Those uses listed in Section 1163: CC, food, apparel, miscellaneous retail, eating
' and drinking.
c) Same uses as permitted under Subarea B.
d) All drive-thru uses will be conditional use.
The following uses shall be permitted within Subarea B2:
a) Same uses permitted under Subarea B,
b) Same uses permitted under C2.
c) All drive-thru uses will be a conditional use.
General
The orientation and the face of the out parcels in the zone will be to the west and at the corners
toward the intersecting streets and to what would normally be considered the rear of those parcels,
(i.e. the portion abutting Avery Road will be employed as an entrance feature to the residential
areas to the north). Buildings will have a common architectural theme with good aesthetic quality,
the same or compatible building materials and a common lighting, signage and landscaping ethic.
Within this mold the west, and intersecting street faces may identify the separate users and their
products with appropriate expressions of individuality. However the east face must appear as a
unified, single expression. Structures, be they buildings or walls, roof lines and types, building
spacing, signage lighting and landscaping should present an almost non-commercia~I approach with
low level signage employed solely to identify users and structures and landscaping effectively
shielding the street from the impact of activity on the site. The following additional standards are
deemed appropriate to produce such a function. The Planning Commission shall have the right
to review all applications for their Architectural consistency. Additional materials and colors may
be approved by Commission if they are consistent with other building materials and add to the
overall Architectural quality.
16
Yard and Setback Requirements:
1. The setback from Avery Road shall be 45' for pavement and 65' for buildings
within Subarea B,. Within Subarea BZ, the setback from Avery Road shall be 30'
for pavement and 50' for buildings.
2. Setback from South Access Road will be 25' for pavement and 50' for buildings
3. Side yards shall be 25' for pavement and buildings.
4. Rear yards shall be at least 10 feet within Subarea B,. Rear yards shall be 25' for
pavement and buildings within Subarea B2.
5. Front yard parking setback from publicly dedicated local access streets shall be 25'
for pavement and 50' for buildings.
6. Total ground covered by all buildings shall not exceed 25 % of the total lot area.
7. The setback from Perimeter Drive extension shall be 30' for pavement and 50' for
buildings.
8. Building setback from Avery Road shall be consistent for all building if possible.
Height Requirements:
1. Maximum height for structures within Subarea B, and BZ shall be 28' as measured
per Dublin Zoning Code.
Parking and Loading:
1. Size, ratio and type of parking and loading facility shall be regulated by Dublin
Code Chapter 1193.
2. The parking space requirement for Outloi B, of Subarea B,, shall be 62 spaces for
use of the outlot as a restaurant by Wendy's/Tim Horton, however, should Outlot
B, not be used by the above named restaurant use then the parking requirements
found in Dublin Code Chapter 1193 shall apply to the Outlot.
3. The parkine space requirement for Outlot A of Subarea B_,, shall be 53 spaces for
use of the Outlot as a restaurant by Burger Kind however should Outlot A not be
used by the above named restaurant use then the parkin requirements found in
Dublin Code Chanter 1193 shall ap~iy to the Outlot
17
Circulation:
1. The perimeter Drive Extension shall have a 100' ROW and 56' pavement width and
shall taper to an 80' right-of--way and 36' pavement width or whatever deemed
necessary under prudent traffic engineering practices.
2. South Access Drive shall have a 100' ROW and 56' pavement width and shall taper
to an 80' right-of--way and 36' pavement width or whatever deemed necessary
under prudent traffic engineering practices.
3. Full service access to outparcels will be provided from near access drive shown on
Exhibit 8 access to outparcel on South Access Drive will be right-in, right-out only
within 300' from Avery Road.
4. All other local public access streets shall have a 60' right-of--way with a 32'
pavement.
5. Avery Road shall have a 112' ROW consistent with E.M.H. & T. plan for Avery
Road widening.
Waste and Refuse:
1. All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence.
Storage and Equipment:
1. No materials, supplies, equipment or products shall be stored ar permitted to
remain on any portion of a parcel outside a permitted structure. Mechanical
equipment or other utility hardware on roof, ground or buildings shall be screened
.r~
from public view with materials harmonious with the building.
Landscaping:
1. A comprehensive landscape plan along Avery Road corridor is provided as shown
in "Avery-Muirfield Buffer Landscape Treatment" dated 9/15/95.. The plan
incorporates plant materials, stone pillars signage, lighting and grading with a
single design element creating a unique, aesthetic entrance to the Dublin Area.
2. In addition, landscaping within the Perimeter Drive Extension and South Access
Drive shall include a 3' to 4' landscaped mound with street trees planted 50' on
center within the right-of-way and planted 1' form the right-of-way line.
18
3. Minimum size of all trees shall be 2" to 21/2" caliper for shade trees, 6' to 8' height
for evergreens and 1 " to 11 /2" caliper for ornamentals.
Architecture:
1. Architectural standards shall be the same as defined in Subarea B.
2. If the uses specified in Subarea Cz are used within Subarea Bz, then the architectural
standards set forth in Subarea CZ shall apply.
3. Architectural character shall be sensitive to adjacent development if applicable.
19
Subarea C, Hospital/State Route 161 Related Uses
Permitted Uses
The following uses shall be permitted within Subarea C,:
a) Those uses listed in Sections 1159.01 (SO) of the Dublin Zoning Code.
b) Hospitals and clinics.
c) Health care, including ambulatory care, outpatient care and surgery, medical offices
and ancillary distribution.
d) Hotel and motel.
e) Restaurant uses within a structure primarily devoted to hotel/motel or
medical/office.
f) Ancillary commercial uses within a structure primarily devoted to office or medical
uses.
g) Health Club and Fitness Center.
h) Skilled Nursing Facility.
i) Hospice.
Yard and Setback Requirements: ,
1. Setback on the South Access Drive shall be 25', for all pavement areas, 50' for
buildings.
2. Setback along State Route 161/Route 33 shall be 50' for all pavement areas and
buildings.
3. Side yards shall be 25' for parking and buildings.
4. Rear yards shall be 25' for parking and buildings.
5. All other publicly dedicated local streets shall have a 25' pavement setback and 50'
building setback.
20
6. Total ground covered by all buildings, exclusive of parking garages, shall not
exceed 25 % of the total lot area.
Height Requirements:
1. The maximum height for structures in Subarea C, shall be measured per the Dublin
Zoning Code and have a maximum height limitation of 65' and a minimum height
of two stories shall be required for all primary structures. The maximum height
may be extended if the structure is setback from both the Ramp Access Drive and
State Route 161 right-of--way and additional foot beyond the required setback for
every 1' of height of two stories shall be required for all primary structures along
the freeway.
Parking and Loading:
1. Sizes, ratio and type of parking and loading and other facilities shall be regulated
by Dublin Code Chapter 1193.
Circulation:
1. South Access Drive shall have a 100' right-of--way and 56' pavement width at the
Avery Road intersection tapering back to an 60' right-of--way and 36' pavement
width.
2. All other local public streets shall have 60' rights-of--way and 32' pavement widths.
3. Opposing curb cuts on the South Access Drive shall be offset no less than 100' (as
measured form drive-way center line) or directly aligned whenever possible.
Driveways to be placed in accordance with prudent traffic engineering practices and
principles.
Waste and Refuse:
1. All waste and refuse shall be containerized and fully screened from view by a solid
wall or fence. ~
Storage and Equipment:
1. No materials, supplies, equipment or products shall be stored or permitted to
remain on any portion of the parcel outside the permitted structure. Mechanical
equipment or other utility hardware on roof, ground or buildings shall be screened
from public view with materials harmonious with the building.
21
Landscaping:
1. All landscaping shall be according to the Dublin Landscape Code Chapter 1187.
2. In addition and within the required building setback, a 3' to 4' earthen landscaped
mound shall be provided along the South Access Drive with street trees planted 50'
on center and located 1' from right-of-way line within right-of-way.
3. Along State Route 161, a 6' landscaped mound shall be provided with trees planted
a minimum of 1 tree per 40' O.F.T.O. (trees may be grouped).
4. A comprehensive landscape plan along Avery Road corridor is provided as shown
"Avery-Muirfield Buffer Landscape Treatment" dated 9/15/95. The plan
incorporates plant materials, stone pillars, signage, lighting and grading into a
single design element creating a unique, aesthetic entrance to the Dublin Area.
5. Minimum size of all trees shall be 2" to 21/2" caliper for shade trees, 6' to 8' height
for evergreens and 1" to 112" caliper for ornamentals.
Wall Articulation/Fenestration:
Architecture:
1. The architecture within Subarea C, will be more urban in nature than the other
subareas but should still reflect the residential tones of Subareas A, B and C2.
2. The base material shall be earth tone brick accented with lighter tones of brick, pre-
cast concrete, stucco or similar.
3. Pitched roofs of 6/12 minimum will be generally required but flat roofs will be
allowed as long as all mechanical equipment on them are screened and they area
deemed acceptable by Planning and Zoning.
Roof:
A. Flat roofs will be permitted only if deemed acceptable by Dublin Planning and
Zoning.
B. All mechanical equipment will be screened from view.
C. Mansard roofs are not permitted.
D. Pitched roofs with gabled or hipped ends will be suggested, if possible.
22
Subarea CZ Medical/Avery Road Related Uses:
Permitted Uses
The following uses shall be permitted within Subarea C2:
a) Those uses listed in Sections 1159.01 (SO) and 1175.01 of the Dublin Zoning
Code.
b) Clinics.
c) Health care, including ambulatory care, outpatient care and surgery, medical
offices, diagnostic facilities and ancillary distribution.
d) Hotel and motel.
e) Restaurant associated within a hotel structure.
Yard and Setback Requirements:
1. Setback on the South Access Drive shall be 25' , for all pavement areas, 50' for
buildings.
2. Setback on the Ramp Access Drive shall be 25' for pavement, 50' for buildings.
3. The setback from Avery Road shall be 30' for pavement and 50' for buildings.
4. Side yards shall be 25' for parking and buildings.
5. Rear yards shall be 25' for parking and buildings.
6. All other publicly dedicated local streets shall have a 25' pavement setback and 50'
building setback.
7. Total ground covered by all buildings, exclusive of parking garages, shall not
exceed 25 % of the total lot area.
Height Requirements:
1. The maximum height for structures in Subarea CZ shall be measured per the Dublin
Zoning Code and have a maximum height limitation of 48'. Pitched roofs equal
23
to 6/12 will be suggested. Mansard roofs will only be permitted when used to
screen air handling equipment.
Parking and Loading:
1. Sizes, ratio and type of parking and loading and other facilities shall be regulated
by Dublin Code Chapter 1193.
Circulation:
1. The South Access Drive shall have a 100' right-of--way and 56' pavement width at
the Avery Road intersection tapering back to and 80' right-of--way and 36'
pavement width or whatever deemed appropriate by prudent traffic engineering
practices.
2. The Ramp Access Drive shall have a 80' right-of--way and a 36' pavement or
whatever deemed necessary by the Ohio Department of Transportation (ODOT) and
Dublin City Engineer and prudent traffic engineering practices.
3. All other local public streets shall have 60' rights-of--way, and 32' pavement
widths.
4. Opposing curb cuts on the South Access Drive shall be offset no less than 100' (as
measured from drive-way center line) or directly aligned whenever possible.
Placement is to consistent with prudent traffic engineering practices and principles.
5. Avery Road shall have a 112' right-of--way per Dublin Traffic Plan or consistent
with E.M.H. & T. preliminary plan for road widening.
Waste and Refuse:
1. All waste and refuse shall be containerized and fully screened form view by a solid
wall or fence.
Storage and Equipment:
1. No materials, supplies, equipment or products shall be stored or permitted to
remain on any portion of the parcel outside the permitted structure. Mechanical
equipment or other utility hardware on roof, ground or buildings shall be screened
from public view with materials harmonious with the building.
24
W.~, _
Landscaping:
1. All landscaping shall be according to the Dublin Landscape Code Chapter 1187.
2. In addition, within the required building setback, a 3' to 4' earthen landscaped
mound shall be provided along the South Access Drive and the Ramp Access Drive
and perimeter with street trees planted 50' on center and located 1' form right-of-
way line within right-of--way.
3. A comprehensive landscape plan along Avery Road corridor is provided as shown
in "Avery-Muirfield Buffer Landscape Treatment" dated 9/15/99. The plan
incorporates plant materials, stone pillars, signage, lighting and grading into a
single design element, creating a unique, aesthetic entrance to the Dublin Area.
Architecture:
Color Palette:
A. Earth tone, muted and natural tones are preferred. Accent colors in brighter hues
such as white are suggested. A mixed palette on a single building should be
carefully selected so all colors harmonize with each other.
Materials:
A. Warm tone brick (white brick can be used as accent) and stucco.
B. Pre-cast concrete, split face concrete block or similar can be used as accent.
,tv,
C. If sloped roof is used, shingles with not less than 325 lb. per square weight.
..ti
D. The Planning Commission shall have the right to review materials to assure they
are consistent with other building materials used in the area. The Planning
Commission may accept alternative materials and colors if they are consistent with
other building materials and add to the oZerall Architectural quality.
Scale:
A. The scale of structure within Subarea Cz shall blend between smaller residential
character of Subarea B and larger more urban character of Subarea C,.
25
AVERY ROAD IMPROVEMENTS
1. Payment Obligation. The Applicant shall be obligated to pay 1/3 of the cost of the
"Phase I Improvements" (as defined below) to Avery Road form the south right of way line of Post
Road to the north right of way line of State Route 161 according to plans approved by the City of
Dublin if, and only if, the City of Dublin agrees to pay 1/3 of said cost, and 1/3 of said cost is
assumed by those owning property on the east side of Avery road between Post Road and State
Route 161 and involved in the development of Perimeter Mall (such party owning propery on the
east side of Avery Road and developing Perimeter Mall being referred to herein as the "Perimeter
Mall Developer"). Said improvements shall be undertaken and performed by, or under the
direction of, the Perimeter Mall Developer's property (or such earlier time as may be agreed to
between Applicant and the Perimeter Mall Developer) if, and only if, the CIty of Dublin furnishes
the Perimeter Mall Developer in money or required materials with the City of Dublin's share of
said costs at a time which reasonably meets the construction and opening schedules. In addition,
Applicant and the Perimeter Mall Developer have agreed to include within the improvement
project that part of Avery Road (Muirfield Boulevard) form the south right of way line of Post
Road to the present southerly terminum of the four lane section of Muirfield Drive north of Indian
Run if, and only if, the City of Dublin furnishes the Perimeter Mall Developer in money or
required materials with the entire cost of said additional construction. Applicant, the Perimeter
Mall Developer and the City of Dublin understand that appropriate contracts will be executed
covering the construction contemplated herein.
2. Phase I Improvements. For purposes hereof, the "Phase I Improvements" to Avery
Road shall have the same meaning as that given in plans prepared by EMH & T dated December,
1988.
26
Addendum to Subarea Standards
Dated December 20, 1988
INTERCHANGE SUBAREA
1. Description of Subarea. This Subarea is situated at the southeast corner of the
property, consists of approximately 8.6 acres and is labeled "Interchange" on the attached Subarea
Plan.
2. Reservation of Land. The interchange Subarea shall, subject to Paragraphs 3 and 4
below, be reserved for possible ramp completion and other related interchange improvements.
Nothing contained herein shall obligate the owner of the property to incur any expense in
connection with such possible ramp completion and related interchange improvements; it being
understood and agreed that if the CIty of Dublin or other governmental authority exercising
jurisdiction hereafter elects to pursue such ramp completion and other interchange improvements,
then the City of Dublin or such other governmental authority, as the case may be, (i) shall have
the right to acquire the Interchange Subarea, or portion thereof, which may be needed for such
ramp completion and related interchange improvements, and (ii) shall be responsible for all costs
and expenses incurred with respect thereto, including construction costs and further, including the
obligation tto compensate the then owner for the land acquired for such ramp/interchange
improvements. The compenstation to be paid to the then owner by the City of Dublin or other
governmental authority for the land so acquired shall equal the sum of (i) the actual cost incurred
by the owner-Applicant in acquiring such land, plus (ii) an amount equal to the actual interest
expense incurred by the owner-Applicant in acquiring such land for the period from Marchl, 1989
through the date of acquisition by the City of Dublin or other governmental authority.
3. Termination of Reservation. In the event the City of Dublin or other governmental
authorit, as the cas may be, does not hereafter acquire the necessary land for ramp/interchange
improvements by January 1, 1997, the reservation and right of purchase set forth in Paragraph 2
above shall terminate and be of no further force and effect.
4. Limited Improvements. Notwithstanding the reservation described in Paragraph 2
above, the owner of the land shall have the right to greade, clear, landscape, pave and/or perform
other sit related work with respect to the Interchange Subarea or any part thereof.
5. Access. The owner shall in good faith attempt to secure the necessary approvals form
appropriate governmental authority permitting a direct access into the property form Avery road
along the common boundary of the Interchange Subarea and Subarea C2 in the location as shown
on the attached Subarea plan. Such obligation shall terminate upon termination of the reservation
described in paragraph 2 above, or such earlier time as the owner may determine that such
approvals cannot be secured. Nothing in this paragraph 5 shall require the owner to incur any
expense.
27
~ f
~~:::x"a
DUBLIN PLANNING AND ZONING COMMISSION
,^V
RECORD OF ACTION
November 4, 1999
crri of Dl~lll.t\
!~*Nivision of Planaing
X800 Shier-Rings Road
Gn, Oha 43016-1236
phone/IOD: 614161.6550
Fax: 614761~b566
Web Site: www.dubl'm.oh.us
The Planning and Zoning Commission took the following action at this meeting:
8. Rezoning Application 99-1002 -Riverside Hospital PCD, Subarea Bl -Burger
King - 6315 Perimeter Drive
Location: 1.52.6 acres located at the southwest corner of Perimeter Drive and Avery-
Muirfield Drive.
Existing Zoning: PCD, Planned Commerce District (Riverside Hospital plan).
Request: Review and approval of a rezoning application by way of a revision to the
development text for the Riverside Hospital PCD, under the provisions of Section
153.058.
Proposed Use: Anew 4,450 square foot fast-food restaurant with drive-thru.
Applicant/Owner: Dublin Oaks Limited, Don Casto Organization, c/o Paui G.
Lukeman, 209 East State Street, Columbus, Ohio 43229; represented by .Burger King
Corporation, c/o Dick Sampson 200 East Chicago Avenue, Westrnont, Illinois, 60559;
and Cowan & Associates, c/o Brian M. Edison, 438 East Wilson Bridge Road,
Worthington, Ohio 43085.
MOTION: To approve this application with three conditions:
1) That the text be revised, to permit a minimum of 53 parking spaces for Burger
King, prior to scheduling the public hearing;
2) That 15 off-site parking spaces be maintained and that all employees park off-
site; and
3) .That the balance of the requirements be met in the development plan.
VOTE: 5-0.
RESULT: This application was approved. It will be forwarded to City Council with a
positive recommendation.
STAFF CERTIFICATION
9 c~~ i~~~~-i~sz~_~ !Z /~3 ~ hn D. Talentino
~ ` Planner
Dublin Planning and Zoning Commission
Staff Report -November 4, 1999 `
Page 29
CASE 8: Rezoning Application 99-1002 -Riverside Hospital PCD, Subarea B1 -Burger
King - 6315 Perimeter Drive
APPLICANT: Dublin Oaks Limited, c/o Paul G. Lukeman, Don M. Casto Organization, 209
East State Street, Columbus, Ohio 43215; represented by Dick Sampson,
Burger King Corporation, 200 East Chicago Avenue, Westmont, Illinois
60559; and Brian M. Edison, Cowan & Associates, 438 East Wilson Bridge
Road, Worthington, Ohio 43085.
REQUEST: Review and approval of a rezoning application to revise the composite plan and
development text for Subarea Bl of the Riverside Hospital PCD, Planned
Commerce District under the provisions of Section 153.058. The rezoning will
permit a reduction in the parking requirement for Outlot A from 89 to 53 spaces
for a restaurant. The site is 1.526 acres located on the southwest corner of
Perimeter Drive and Avery-Muirfield Drive.
STAFF CONTACT: John Talentino, Planner.
BACKGROUND:
The composite plan (including development text) for amixed-use project of 120 acres was
approved in 1989. It included a retail site at the center of 28.5 acres. A development plan for
the 28.5-acre shopping center was approved as the first phase of the overall project in 1996.
In 1997, City Council approved a revised development text for Subarea B1 which increased
setbacks along Avery-Muirfield Drive, and reduced rear yard setbacks. It also reduced
required parking for Wendy's/Tim Hortons, and provided for shared parking between
Wendy's/Tim Hortons and the shopping center.
Following a recommendation by the Planning Commission on this rezoning application, a
public hearing will be held at City Council, and a vote will be taken to approve or deny the
rezoning petition. Atwo-thirds vote is required to overturn a negative recommendation from
the Planning Commission (a majority vote is required otherwise). If approved, a development
plan must be reviewed and approved by this Commission before construction can begin.
[Note: The Code does permit for the composite plan and development plan to be considered
together. The restaurant development plan (Application 99-086DP/CU) has been filed and will
be scheduled on a future agenda.]
CONSIDERATIONS:
Site Characteristics:
• The overall 120-acre site is located on the west side of Avery-Muirfield Drive and is
zoned PCD, Planned Commerce District (Riverside Hospital plan) for a mixture of
commercial uses. The specific site under consideration is located within Subarea B1
which permits retail and restaurant uses. Drive-thru uses are conditional uses and
subject to discretionary review by the Commission.
• The site is 1.526 acres located at the southwest corner of Perimeter Drive and Avery-
Muirfield Drive. It is approximately square with 260 feet of frontage on Avery-
Muirfield Drive and 250 feet of frontage on Perimeter Drive. It is flat, open, and the
only existing vegetation consists of the plantings required as part of the coordinated
•
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