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HomeMy WebLinkAbout25-00 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. 0 43 25-00 Ordinance No Passed An ordinance providing for a change in zoning for 2.5 acres located on the ~ southwest corner of Perimeter Loop Drive and Avery-Muirfield Drive, From: PCD, Planned Commerce District, "To: PCD, Planned Commerce District (Riverside Hospital Plan -Subarea B-2 -Case File No. 00-012Z). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: Section 1. That the hollowing described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned PCD, Planned Commerce District, and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations ofthe Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed day of 000. ayor -Presiding Of lcer Attest: Lo C~~ Clerk of Council Sponsor: Planning Division ! hereby cortify thot copies of this Ordinance/Resolution were- posted irr ihF City of Dublin in accordance with Section 731.23 of the Ohio Revised ode. aaQ~ Clerk Council, Dublin, Ohio - 5.. _ T.~ t , c r~? POST RD. PERIMETER DRIVE PERIMETER . LOOP RD O 2 PERIMETER O LOOP w Q U. S. 33 ~ ~~.R. 161 O SITE o z ~ ~ Y w a Z . Q v~ Z Z LOCATION MAP W ~ NO SCALE W m ..;~,,r y... ~ =~lf,~r: L:f ~ J~~O d 1 ~T~~f,y T,~ D ENGINEERING PRACTICES HAVE BEEN UTILIZED IN THE ~ ` x~ ~j ' r'":, 4~;. Y ~ ` DIN OUR OPINION AND TO THE BEST OF OUR KNOWLEDGE . S AS DELINEATED IN THE CITY OF `DUBLIN ENGINEERING 7~ U FOR SUBDIViS10N DEVELOPMENT" HAVE BEEN MET, INCLUDING THAN MINIMUM WHERE, IN OUR OPINION, THEY ARE NEEDED ~ _ THE PUBLIC. OF ~ • TlAFwiA~tt~l ; . ~ _ , DATE ~ % , ` Y'v~' R-1 ~ ~ 0 P ~4~ 0 0 a ~ D a 0 t I'~ 1 P S7' RD - _ P R-~ R 1 ~ R PCD _ _ ~ w PCD. P D 1dE R v SIT Loo P D .a P~RI a. PLR PCD P D A ° 33 16'. a I RI a GI ` o SHIER ~ SO ju R ~ RI o 1~ r--~ S 00-0122 Rezoning Application Walgreens R Riverside PCD ~ PLR - ~ ' ~ EXHIBIT ~ ~ R, ~.._4~~E~~ ~C3 ~i~PLIC~'-~ I E~i~! (Code Section 153.234) ~~~,R~ fa"ll (iF Ili i3Ll\ E~rci6nance No. 5500 Shier Rinys Road _ - - DuLlin, Ohio 43016 Cyty Council 1st React?~?rl ~ 7 O Fi,oneJTDD: 614/761-6550 n - 1=~x 61-.i7o1-6566 ~;9?:,3 i-~2~1a~s~ ~`~-1''~I,r' I d.~:.--,'s- ' ice. CI~~~' ~t~UflC41 F°:E~t.:l~ ' FOR OFFICE USE ONLY a a Amcunt Received: Ap, lication Ne: P2~Z Date(s): PAZ Acticn: z -da ceip: Nu: / MIS Fee No: Date Received: Rece d By. ~-=Y ~S" Dom." ~ - ,`b ~ U~~ PL`=ASE Sl~~,~1AlT T1,'IC (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS - 1'LI::~SII f'RI~ 1' - AND THIRTi=EPJ (13) COPIES OF THE ORIGINAL APPLICATION and CI1EC < TriE ":-YPE OF APPLCATICN Ci Cor; oositc Plan(~od~: Scct•~cn 1 X3.053) :rr_~ P:ei:rni;:ar~ Develc ~ment Plan {Cud, Scct..:n 15,._OSo) t. vii,:. ~U' Sr;,~i-';1 L~.,K.,MPPC°t=i~T'; r~JF,-?iia,>7iO^J ~ , ~r ~ 273-001895 - - I ~.,rt.~~i s . 2.48± acres---- il !,ice, ~:C i F.~RC~L c.e: ra,,: . ,i . - New lot iI ~ li ~i- Southwest corner of Avery Road and Perimeter Loop i) I ~i 1 s;~ , •i J. t_.~1L Avery Road ~ rJ'.,;~•-::it~e~~r;:.:li~_n Avery Road and Perimeter Loop 1r , P...~ ~j+~ D 1 : (•cm t;.• .1 4, r ~'ii r 0 tJ. _S _ E VJ In'tn N~~,u ~ t'jr rr~~ai:~ M I~ _ ~ ~ U j' i::•:;: ;,t, ; :_,r;,; u:,:-i~,~v,a: Vacant/undeveloped - --ll % ~ ~ - 8 2000 _ _ ' I , ~ , ; , Retail/General Merchandise i CITY OF DUBLIN J. _ L~e1H[~i~ rrL rr Current or Existing Zoning District: Requested Zoning Cist;ict: No. of Acres to be Rezoned: PCD PCD 2.49± acres - - - I STATEhi ENT: State briefly hew the proposed zoning and development relates to the existing and potential future land use character of the vicinity. The request is for a minor change to the existing Riverside PCD, and the proposed amendment is not a significant deviation from the original text, as the. permitted uses. for the subject site is slightly reduced to reflect the available number of parking spaces on the 2.49± acre tract. The surrounding uses are either commercial or office, so the proposed change is in keeping with the existing and future uses of the abutting properties. i ~ 'I STATEMENT: State briefly how the proposed zoning and development relates to the Dublin Community Plan. The proposed rezoning reflects the existing surrounding uses and the adopted PCD text. The Community Plan shows the area to be apart of a larger office area that covers the Riverside property; however, the minor revision will allow the office uses and a reduced number of commercial activities than that currently found in the text. Given the traffic along the Avery Road corridor and the location at the corner of an intersection of two major roads, the proposed revision is appropriate + for the site. I , ii I 1 PRE`liGUS APPLICATION? Has an apl;Gcafon for rezcninq the Iarcperty been denied by the City Ccuncl ~yithin thc• Iasi hvo (2) years? YES L_~ NO ~ i I ~ IF YES, NJHEN? I Slat,: ll~~~, basis o; r;ccnsid~~rralion: I I ~ i R 1 I I , I IF A PLANNEC GISTRICT IS REQUESTED, IS CCib1POSITE OR PRELI?.UNARY PLAN ATTACHED? 'f ES ~ NO ? I i i;_ A P!_ANNED DISTRICT 1S REQUESTED, IS P1',Oi'OSEG GEV~LCPi':?ENT TEXT ATTACHED? YES ~ NO ? l I!. PLEASE INCLUDE THE FOLLO>;^JING: 1d COPIES OF LEGAL DESCRIPTION: ~ ~ ~ ~ Lev;.+l ~I:o:r;r.l,a.ir:n r,f lh,~ I~n,l~rrly In hu r~•tornxl crmsira^ c,( 1--_ I''"i~'( I I PLAN REQUIR~P.1ENTS: 1-i SETS OF PLA;JS TO SCALE (i•JUT GRGITFR TFi;~N 31" X 36") SI10!^JING: ,IJ ~ a Th~~ sih~.and .all i.:nd S00I~•ct beyond thr. Ix;und +rrs I• I.1:~ilh .an:~r~ .arni I~.u :.~~.~I,• i it ~ L ~..Lr.•7 ,tuir~;i; n : .r 1::. bwid;ny : v,,; 1, q a!i, L i•, ~t ~i i- lui '~•;,.d ; ;vn;~i.u~~~:. utdih••::, ~4c) i i ~i I' I •d U ii I r rl I. an: I ,art rI m ya, ni ~I~ n:.., . ~ ~ L~.~ t I utl,iur~_;lnut i,l r.; . ~ 1 I,:rl^Lu.;Lrq ,~n .I,r, , . ) I--i.~t .:n i I a•, vi ,r.nin~t d~:~l~irl hr urnLrn ~ - i ~1 1' r;,i•,t :i .In.rh r: f'i~~ 1:Y.1 C.~L~G' „ t _ ~ ~_..._d- _ ~ CIC~~i~l !y i~~ir f. Size of ihc. site in acreslsquare fit; and g. All property lines, street rights-of-way, easements, and ether information related to the locaiicn of the proposed boundaries. ~ ~ 14 SETS OF RcCUCED DRAWING(S) (NOT GREATER THAN 11" X 17") ~J I 14 COF'lES OF COUNTY OWNERSHI? h~1AP: (NOT LESS THAN 8'/-_" X 11"AND NOT tv~1ORE TIJAN 16" X 20") i Showing contiguous property owners within 500 feet from the; perimeter of the area to be rezoned. CONTIGUOUS PROPERTY OWNERS List all neighboring property owners within 300 feet from the perimeter of the area to be rezoned. Such list to be in accordance v;ith the Counrj Auditor's current tax list. (Use additional sheets as necessary.) Labels formatted for Avery 5160 may be submitted as labels or on a computer di: k. PROPERTY OWNER (not Mortgage Company or Tax Service) MAILING ADDRESS CITY/STATElZIP CODE f _ See attached list 5£~ ~c,~ic $ (T i i i ~ 1 ~i ~I i. . j i ' I 1 "1 i i - - 1 -a - - I c~~yiSi~ rrBrr i l IV. PROPERTY OVYNER INFORiL9ATiON h±::n~,.:.scr.,..,,.i'. , _::yo:~;.~(~): Hospital Properties, Inc. Mailing Address: 3555 Olentangy River Road, Suite 4000, Columbus, OH 43214 (Street, City, State, Zip Code) Daytime Telephone: (614) 566-9700 Fa"~ (614) 566-8687 Name of Contact Person', (ex. Attorney, Architect. etc): Ben W. Hale, Jr. 'Please complete the Agent Authorization, Section VII, belovr. t.tailing Address: Smith & Hale, 37 West Broad Street, Suite 725, Columbus, OH 432 5 ~ (Slrz:el. City. Si:~L~. Zip Ccde) DaytimeTelc,phone: (614} 221-4255 Fax: (614) 221-4409 Which of the al;ov-~ is the primary contact person? Ben W. Hale, Jr. , Jackson B. Reynolds III, or John Hardt V. AUTNORIZATIOiJ TO VISIT Ti1E PROPERTY Site vr:its to the prcp::r arc: naccssary by Gty representatives in order to proces> this atipiica!ion. The Ovdnerrr.pplicant hereby authorizes Cihy r, pn~::~ ~ntr+ti~~;es to visit, phctc~ra;i~ and post a notice en the property dc~srribed in this application. VI. UTILITY CISCLAIM~R T'~ > Gty 01 Cul ,n '::iil m i ~ ~ r~.- r, fled to t,rovid~.~ c.~srr~l:al services to lhc, property as needed. f7cr,vc;ver, the r:}nc1 f3rct•: t^ c:i the City ct Dublin rind nerthr:c~st (=~.cr.~, n County h a.. •,Ir~d I.. 1 .'r•~ .its':; caparih;+ t , :.id., the-se service; !o the limit. A~, r~ur;F. the Ciiy of Dublin may Le. ~..nab,o to make all er part said m t.,.~,ii":.:.:rv.al.~t tl.~•.i, ..•c.;nt ,~.~+I ; cm,> hrlun~ date Tho Ap1>lirant'Cv;ner herctry a,r,r,;:.,'~c!"r.~s that :r1,i~roval e' ih~s r~.yuest for rrzcning t the Dut~lin Fi.,nr,irr, rr.d ~:-rir~l Grp c ern ,rn~l'er Du;~l~,n C ty Cc;urcil dn~zs not constitute a yu,. ,rn,. c; ':in,_1in~l ccrur.';: ;r•r.i that the City of Duhlin wlil he .3lJr k> 1 •,°~id • _ ...nt~.,l ~ :~r, v~.ai~ r rr.d scv.: r t rc.~'ti:a tvh~~n nrcdcd icy said Ap!~iic;anL ~,,._.;II. O':V~JER P.UTRORI7_ATIOPt OR RrFRES~~7TATIVE See attached authorization letter. _5~~~`~,~ - - - rant, hen:h au!hcrize ~ 1. c.~.-r. ~r i a1~1J; Y ~ I to :.a a:; my r r nl s ~ 1 nt .r iil m rtt.:rs I ~crt,auiny '.o i1~e 1 rc ~ ~;sir~) drd a1 pr<n~ ri of nl l l .-:~;.~n irnar:;1 r~ r~,cr1;`, irrl ih~~ prcj~~c;t. +:nd I a~r~ to l rr br.un,1 all r• r. 'r. 1 „ ,rc.c~,~.nt;: m:+dc~ by lhu d~:>icr~rrL~d a~p~r; ~ 5iyn.iturr n( Current Proprrty (i:vncr: D;rt;•: II 'l .1 i! S'lil. i1,'('!.;;; '1T'S iii=FiD,I:'IT t i . Eye i--a 1 ~ ~ STATE OF OHIO COUNT f OF FRANKLIN i I Jackson B . Reynolds III ,the applicant or the applicant representative, have read and understand the contents of this applicaticn. The information contained in this applicaticn, attached exhibits and otf-per informat;cn submitted is complete and in all respects true and correct, to the best of my knowledge and belief. Signature of Applicant or Date: ~ ~~O Authorized Representative: ~L-, Subscribed and sworn to before m . is day of ~ , m,nu,. ~ Notary Public tYf•+a 91 _ _ BETS B. GAITERS € ,r ,r' NOTARY PUBLIC, STATE OF 0!',:0 MY COMMISSION EXPIRES DEC.1~, 2002 ~~°qT~ O~ 1 ! ~ , wpm. T ~ 585 SuNeuaY Roar STULTS and DEU?WARE, OHIO 43015-97~ ~ ASSOCIATES, lNC naot ss3-s~s2 H~GNWAY ~ ARCHITECTS • ENGINEERS E-ma11:6stultsl @mldohb.oet sueonns~oN DES~cN PLANNERS • SURVEYORS R. Scow CaowoEa, C.P.A. FEAS~enmr Stuo~ES JoNN R. FAeEa, P.S. L.ANascAPE ARCH<iECTl1RE GUY W. Ga~ou.E, P.S. CONSTRUCTION INSPECTION GLENN A. HALIABACHEa, P.E., P.S y p f~ EOWARO SNODGRASS CIIAaLES L. OaTI+, REC. L.A. PRESIDENT J. MaaK ScrK.uErz, A.1.A. Ctuw P. WESEA, REC. LA. DANIEL W. WIUTEO, P.E. WaLwrl R. WINT'Ea, P.S. ' JAE C. KAUH, A.LA. CONSULTANT C..~~~ I t~ DECEMBER 1, 1999 LEGAL DESCRIPTION FOR WALGREENS Situated in the City of Dublin, Franklin County, State of Ohio, being Lot 3 of Hospital Properties Subdivision, Section 1, and containing 2.500 acres, more or less. ..4 rroper~y vwuer: Hospital Yroperttes, lnc. 3555 O(entangy River Rd., Suite 4000 Columbus, OH 43214 i ~~~ti~ ~ Surrounding Property Owners: Dublin Oaks Limited Dublin Health Center LLC McDonald's Corp. 209 East State Street - 394 East Town Street Northwest Mangement, Inc. ~lumbus, OH 43215 Columbus, OH 43215 720 West Seventh Street Marysville, OH 43040 BP Exploration & Oil, Inc. FHIT LLC Muirfield Drive Partners 101 West Prospect 42 Woodniff TL Attn: John W. McKitrick Cleveland, OK 44114 Beavercreek, OH 45430 Vizcaya Suite C3 Longboat Key, FL 34228 ~.M vrsconsi.lbl _ _ _ ~ . _ w~.~ a Y~~e .m__ ~~Y: To Wham It May Concern: ~ Wiltiam W. Wilkins, as the avthonzed representative for Hospital Properties, Ync., the owner(s) of the property included in the rezoning area, hereby grant to Ben W. Hale, 7r_ and/or Jackson 8. Reynolds III of the law Ep7m of Smith & Hater or their designee, the authority to 4 submit and pursue the rezoning to PCD for the 2.5+/- acres on the west side of Avery Road at Perimeter Loop Road, and aay other appropriate applications necessary to allow the proposed development of the 2.5~-/- acre tract. The above-named attorney representatives have the authority to represent the owners' interests in the subject property at all applicable hearings to insure the rezoning process and any other administrative reviews are submitted and completed to allow the development of the property as an Offir,,,eJComtrierciat site. 1 ~ ~a B Y• DatC Signature TOTAL P.02 _ ...a..~. ~ ~ ~ ~ \ ~ i ~ ~ i a ~ ~ i ~ ~ r~ i ~ 40 ~ . 1 a ' \ ~p ! b v 1 ` 1 1 1 ti _ • 1 1 _ I I I ~ - ~ ~ i ~ ~ ' ~ t~~ I t ~ - ~ ' ~ i _ ~ ~ ~ I i ll~~..s .,y_~.y:. 1 1 I j ':;.tip 1 1 v' ~ b Q Q s ~ _ ~ I I ' ~f ~ 1 ~ ~ ® 'i i ~ ~ ~~i ~ r ~E~ i ~v~t ~ ! ~ i l 111 l ~ ~ ~ ig ~ ..ooeo ~ ~ ~ Subarea Bl & B2 Outparcels Amended Permitted Uses The following uses shall be permitted within Subazea B 1: 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 Subazea B. d) All drive-thru uses will be conditional use. The following uses shall be permitted within Subazea B2: a) Those uses listed in Section 153.027 plus apparel (153.028(1)(e)), home fiirnishing (153.028(1)(f)), miscellaneous retail (153.028(1)(h)), business services (153.028(2)(e)), repair services (153.028(2)(f)), personal services (153.028(3)(a)(b) &(c)) as found in the Dublin Zoning Code. b) Those uses listed in Sections 153.026 and 153.034 of the Dublin Zoning Code. c) All drive-thru uses will be a conditional use. Genera! 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 reaz of those pazcels, (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 identi e 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 ~~-~r and types, building spacing, signage lighting and landscaping should present an almost non- commercial 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. Yard and Setback Requirements: 1. The setback from Avery Road shall be 45' for pavement and 65' for buildings within Subazea B 1. Within Subazea B2, 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 Subazea B 1. Rear yards shall be 25' for pavement and buildings within Subazea 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 Subazea B 1 and B2 shall be 28' as measured per Dublin Zoning Code. Parking and Loading: 1. Size, ratio and type of pazking and loading facility shall be regulated by Dublin Code Chapter 1193 unless altered by this text. 2. The site shall supply 68 parking spaces for those uses. 3. Drive-thru stacking areas shall accommodate a minimum of 8 spaces per exchange window. 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 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 neaz access drive shown on Exhibit 8 access to outpazcel on South Access Drive will be right-in, right-out only within 300' from Avery Road. 4. All other loyal 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 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. 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' landscaping mound with street trees planted 50' on center within the right-of--way and planted 1' from the right-of--way. 3. Minimum size of all trees shall be 2" to 2 1/2" caliper for shade trees, 6' to 8' height for evergreens and 1" to 1 1/2" caliper for ornamentals. Architecture: I. Architectural standards shall be the same as defined in Subarea B. 2. If the uses specified in Subarea C2 are used within Subarea B2, then the architectural standazds set forth in Subazea C2 shall apply. 3. Architectural character shall be sensitive to adjacent development if applicable. w~. SubareaB.txt DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION March 2, 2000 GITI' OF DtiBLI Division of Pk~ing 5800 Shier-Rings Road Dublin, Ohio 43016-1236 one/f DD: 614-761-6550 Fax: 614-I61-6566 Web Site: www dublin.oh.us The Planning and Zoning Commission took the following action at this meeting: 2. Rezoning Application 00-0122 -Minor PCD Revision -Riverside Hospital PCD, Subarea B-2 - Walgreens - 6805 Perimeter Loop Road Location: 2.5 acres located on the southwest corner of Perimeter Loop Road and Avery-Muirfield Drive. Existing Zoning: PCD, Planned Commerce District (Riverside Iospital Plan). Request: Review and approval of a development text revision to permit a reduction in parking. Proposed Use: A 15,120 square-foot pharmacy with drive-thru. Applicant: Hospital Properties, Inc., 355 Olentangy River Road, Suite 4000, Cciumbus, Ohio 4321.4; Andrews Architects, Inc., c/o John Hart, 6631 Commerce Parkway, Studio B, Dublin, Ohio 43U 17. MOTION: To approve this rezoning application because it meets the requirements for ~r revising the development text under the PCD provisions of Section 153.058, it maintains the original character expectations for the area, and the proposed parking arrangement appears to be fully workable, with four conditions: 1) That the text be revised to permit a minimum of 68 parking spaces for Walgreens prior to scheduling the public hearing; 2) That the text be revised to limit the parking reduction to a pharmacy use only; 3) That the balance of the requirements be met in the development plan; and 4) That the text be revised to eliminate Office, Laboratory, and Research District uses, and repair services as permitted uses. * Ben W. Hale, Jr., representing the applicant, agreed to the above conditions. VOTE: 7-U. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. SUBMCtTED TO COUNCIL STAFF C FICATION Z ~ FOR MEETING ON S ] Chad G>bson,Planner L Dublin Planning and Zoning Commission , ~ Staff Report -March 3, 2000 Page 5 CASE 2: Rezoning Application 00-0122 -Minor PCD Revision -Riverside Hospital PCD, Subarea B-2 - Walgreens -6805 Perimeter Loop Road Location: 2.5 acres located on the southwest corner of Perimeter Loop Drive and Avery-Muirfield Drive. Existing Zoning: PCD, Planned Commerce District (Riverside Hospital Plan). Request: Review and approval of a development text revision to permit a reduction ~ in parking. Proposed Use: A 15,120 square-foot pharmacy with drive=thru. Applicant: Hospital Properties, Inc., 3555 Olentangy River Road, Suite 4000, Columbus, Ohio 43214; Andrews Architects, Inc., c/o John Hart, 6631 Commerce Parkway, Studio B, Dublin, Ohio 43017. Staff Contact: Chad Gibson, Planner. BACKGROUND: The composite plan for amixed-use project of 120 acres was approved in 1989. A development plan for the shopping center was approved as the first phase of the overall project in 1996. In 1997, City Council approved a revised development text which reduced the required parking for Wendy's/Tim Hortons. In January 2000, City Council approved a similar change for Burger King. This proposal is to reduce the required parking from 97 spaces to 75 spaces for this site. 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 development plan (Application 99-125DP/CU) has been filed and is scheduled on this meeting's agenda.] CONSIDERATIONS: Site Characteristics: • The 2.5-acre site comprises all of Subarea B2 and is located at the southwest corner of Perimeter Loop Road and Avery-Muirfield Drive. It is irregular in shape, with 550 feet of frontage on Perimeter Loop Road and 275 feet of frontage on Avery-Muirfield Drive. The undeveloped site is flat and has few distinguishing features. There are a number of utility boxes at the western edge of the site. At the present time, the site is slightly higher than Avery-Muirfield Drive and is lower than the Wendy's/Tim Hortons site. • To the north, across Perimeter Loop Road is the Wendy's/Tim Hortons restaurant. To the west is the Avery Square shopping center (Subarea B). To the south is the Riverside medical building (under construction). To the east, across Avery-Muirfield Drive, are the BP and Shell gasoline stations, which are outparcels of Perimeter Center. D~iblin Planning and Zoning Commission ' Staff Report -March 3, 2000 Page 6 • The subject site is located within Subarea B-2 of this PCD, and the text permits retail and restaurant uses. Drive-thru facilities are conditional uses and subject to discretionary review by the Commission. • The proposed text revision reduces the required number of parking spaces from 97 spaces to 75 spaces. No limitation of use to accompany the parking reduction has been included. With regard to the parking reduction, staff suggests the use be limited to a pharmacy only. This would preclude a more intense use (such as a restaurant) from occupying the site without further review. Staff also suggests that a minimum of ten off-site parking spaces be secured for employee parking. • Code requires 97 parking spaces based on one parking space per 150 square feet of sales floor (81) plus one parking space per 200 square feet of storage area (16) for retail use. One loading space is also required. The proposed plan shows 75 spaces on site. The plan provides the option of an additional 16 parking spaces along Avery-Muirfield Drive. • The Avery-Muirfield Drive corridor adjacent to the Avery Square and Perimeter Center sites should be maintained in a subdued character, according the adopted development texts. This is a major entrance to Dublin, and a softer, more residential appearance is required. The orientation of buildings, signage, and streetscape elements are consistent for both the Riverside and Perimeter development texts. They provide a major gateway into residential neighborhoods located to the north. The development text requires a unified development appearance among outparcels. Development should present an "almost non-commercial" approach. • Past text modifications granted for Wendy's/Tim Hortons included a reduction in required parking from 105 to 62 spaces. Burger King was also granted a reduction in parking spaces, from 89 to 53 spaces. Both businesses were required to secure 15 off-site parking spaces (mainly from the shopping center). Staff is unaware of any "excess" parking in the shopping center, given its approved future expansion plan. • The development plan/conditional use application has been filed and is under consideration separately. This rezoning does not include architectural details, landscaping, site plan etc. This specific application focuses only on the development text change that is requested for the development of the proposed pharmacy. STAFF RECOMMENDATION: This development text revision is officially a modification of the composite plan in the Planned Commerce District, or a rezoning. This is a change in the "rules" by which future development plans will be judged for this site. The staff believes this modification is reasonable and is roughly equivalent to those granted for two sites immediately to the north. Staff recommends approval with four conditions: Conditions: 1) That the text be revised to permit a minimum of 75 parking. spaces for Walgreens prior to scheduling the public hearing; 2) That the text be revised to limit the parking reduction to a pharmacy use only; 3) That a minimum of ten off-site parking spaces be maintained; and 4) That the balance of the requirements be met in the development plan. Dublin Planning and Zoning Commission . Staff Report -March 3, 2000 Page 7 Bases: 1) The proposal meets the requirements for revising the development text under the Planned Commerce District provisions of Section 153.058. 2) The proposal maintains the original character expectations for the area. 3) The proposed parking arrangement, as modified above, appears to be fully workable. ~w a _ -7 ; Q ~ ~Aq p~' OUND ~ I ~ ~ R D 3 vR ~ ~c ~ ro~R rx. ~ cE cr°° ~0. ' w C~ ~ ~ p CLAIRE ~ ~ Y w ~ ; a ~ CT. HOL d 0~ ~ 1 ~ ~ A ~ YAL PLUME ~ V~ pR HOP Ci. Y~ ~ ~ DESYO~ 0 ~ v ~V1' p4~ M4 ~ ~o~ ~°ll.~ v IsAC~Ir a _ ~ 4 ~a ~a°~p x ~ YUxc1E a ~ W ~ fi'` A ~ ~ Ors ~0 ~ ~ P8 ~ v xlcHrrA ~ Ct.A ~ ~ PARK D 't'~°R r cAVURY ~8 ~'L~ie OISR1 ROB ~ 1 ~ ~ 17 D N~RIDGE DR C?. = N GRANGE DR t ~ L~ ~~~'u~,~ ~,7 ,p ADVENTURE DR jj~ 0~` ~RAt OE CT pq ~ q ~ ~y4 . ~ ~ ~ ~ 3TRF~R F ~ tS~~ _ RDEN P7 Zt4 HIIL DR FAR!(S PWKWY ~ POST RD " PRDIET~ LAKES LOOP STREET ~ ~ SITE ~ PERI~R DR PF.R1uET~ DR ~ LOOP ~ pR ~ 4 PE~~ c°i a PER; ~ , ` VENTURE DR ~ ~ ; ~ ~ - - 33 161 % ' _ , _ _ , - ~ COLUL(BUS YARYSVIIdE RD ~ / 1 a ~i ~ i ~ . 1 1 ~ i SEVER RINGS RD i i ~ACi'- 1 o i~ ^~PLS r i i KELCOX PL ~ i i 1 t i ~ EREI.AN PL o i . i . 1 ~u,pGE DR ~ i 1 G ENNOVATION jjR i i 1 ~ 1 nat ~ r_,1 DAN-sHEARVREi o~~ 00-012Z/99-125DP 1 IN EQUALS 1200 FT KENDALL ~Y Minor Revision/Development Plan Riverside Hospital PCD ~ BLVD. c ; Subarea B-2 1 ~ CORIE1l DR ~ ~ Walgreens 1 R _ _ ~ ..~F.RCIER ~ ~ S~OTI,, ~ ~I I ICo PLR R_1 E ~ P o~4~1~ 0 a ~ 0 0 t 1 ~ PST RD - p R 1 R-1 ~ R pCD ~ _ ~ w PCD p ldE R v D SIT Boa P D ~v PER1 a PLR PCD P D ~Er~r, A a 33 l~It a . .I ~ a W GI ` SHIER 0 SQ a R d ~ Rr o 1~ _ 00-012Z/99-125DP Minor Revision/Development Plan Riverside Hospital PCD Subarea B-2 R Walgreens ~ PLR I~~I DLtb ' arming and Zoning C mission ' ' + ut s March 3, 2000 age Mr. Hale consented t he conditions. Mr. Sp gue seconded the moti ,and the vote was as follows: Mr. Hari ,yes; Mr. Fishman, yes; r. Lecklider, yes; Mr. rague, yes; Mr. Peplow yes; and Ms. Bor' ,yes. (Approved 6-0.) 2. Rezoning Application 00-0122 -Minor PCD Revision -Riverside Hospital PCD, Subarea B-2 -Walgreens - 6805 Perimeter Loop Road 3. Development Plan/Conditional Use 99-125DPCU -Riverside Hospital PCD< Subarea B-2 -Walgreens - 6805 Perimeter Loop Road Mr. Lecklider announced that Cases 2 and 3 would be presented and discussed together, but the motions and votes would be separate. Chad Gibson presented this ~ development plan for a 15,000 square foot pharmacy, a rezoning to reduce the parking by 22 spaces, and conditional use approval for the pharmacy drive-thru facility. He showed slides of the area. Mr. Gibson said the site is zoned PCD, Planned Commerce District, and it is within Subarea B2 of the Riverside Hospital plan. The site is flat and is located at the southwest corner of Perimeter Loop Road and Avery-Muirfield Drive. Mr. Eastep said this corner seems much lower. He did not want to see an elevated site with bigger and bigger mounds. Mr. Gibson confirmed that this site is lower than the Wendy's/Tim Hortons site. One of the issues is stormwater, and the water will use the pond to the south. This elevation would be consistent with the other outparcels. This building would have a finished floor elevation of 926. Wendy's is at 927 feet. Mr. Lecklider said the existing fast food site seems to be artificially high, and it detracts from the overall appearance on the street. He did not want this repeated. Mr. Gibson said the main curb cut will align with the Wendy's/Tim Hortons driveway, and staff supports that location. Mr. Sprague wanted the curbcut shifted farther to the west. He feels the intersection there is very chaotic with multiple angles, etc. Mr. Gibson said there will be cross access to the site to the south. The pharmacy entrance will be at the northwest corner of the site. This location meets the text. There is two-way traffic around the site. The drive-thru with a canopy is at the southeast corner of the site and there is stacking for at least 16 cars. The lot will park 75 cars, but the Code generally requires 97 spaces for a retail store of 15,000 square feet. Some additional parking could be paved along Avery- Muirfield Drive. Staff agrees with the applicants that a drug store probably will not utilize 97 spaces, and the green space is preferred. Mr. Gibson said the landscape plan needs minor revisions. At the southeast corner of the site, is a 12-foot wing wall of brick and stone to match the building. It will conceal the loading dock and service area from Avery-Muirfield Drive. The gate will be 12 feet tall and will be painted out. The mechanical units are roof-mounted within a well. Mr. Gibson said the building is brick and stone, and its architecture was revised as requested. He thanked the applicant for his cooperation. The windows have a flat arch design. The roof has an 8:12 pitch with dark asphalt shingles to match the center. There are dormers, and the architectural treatment is equal on all four sides. He said this is a great building. Dublin Planning and Zoning Commission Minutes -March 3, 2000 ' Page 6 Mr. Gibson said staff believes this is consistent with the high quality of development in the azea. It retains residential character by its design in spite of its lazge size. He again praised the design efforts of the applicant. He said staff recommends approval of the rezoning application, for revision of the text for pazking, with four conditions: . 1) That the text be revised to permit a minimum of 75 parking spaces for Walgreens prior to scheduling the public hearing; 2) That the text be revised to limit the parking reduction to a pharmacy use only; 3) That a minimum of ten off-site parking spaces be maintained; and 4) That the balance of the requirements be met in the development plan. Mr. Gibson said staff also recommends approval of the development plan with four conditions: 1) That this plan be revised to conform with any modification required by City Council as part of the pending rezoning petition (Application 00-012Z); 2) That all signage be revised to meet the requirements of the text and Code, subject to staff approval; 3) That the site lighting plan be revised to meet the provisions of the Dublin Lighting Guidelines and utilize a matching fixture; and 4) That a revised landscaping plan be submitted which conforms to Code and the comments contained in this report, subject to staff approval. Mr. Lecklider noted these two staff reports were particularly good and understandable. Mr. Fishman was concerned about signs. There will be no building signage. Mr. Gibson said the signs will meet Code. There will be a six-foot high, 50-square foot ground sign on Avery- Muirfield Drive and a smaller sign on Perimeter Loop Road. Regarding color, Dave Marshall said there is a defined color palette for the Avery Square shopping center, but it does not include color restrictions for the outparcels. There was some discussion of the two-lane drive-thru. Ms. Boring wanted to know if there was a limit on the number of drive-thrus in an azea. This azea seems overloaded, and the conditional use standards should be used to control this. Mr. Gibson said he was aware of no maximum saturation standards. rr Mr. Gibson said there will be no menu boazd, and that the volume of the drive-thru speaker will be similar to that at a bank. It will be audible only from the immediate vicinity. Mr. Lecklider suggested a condition that it not be heard off site. Mr. Gibson said that was not needed. Regazding the window treatment, Mr. Fishman noted smoked glass windows are used. He said that will artificially illuminate the building, making it look like a sign from the highway. Mr. Eastep said up to the first mullion, there was a wall behind the window and there would be product in front of the wall. He said there would be no illumination below the seven-foot high mullion. The only illumination will be through the upper azch. Ms. Boring said she prefers natural light in stores. She said she would not pull into a dark store at night. She thought the illumination through the smoked glass was needed. Dublin Planning and Zoning Commission ' Minutes -March 3, 2000 Page 7 Mr. Hale said in order to eliminate the seven spaces, as the text is written, the required parking needs to be reduced from 75 to 68. He said 68 spaces will be plenty of parking. Mr. Hale said currently, it will not be open 24 hours. He agreed to drop the repair use in the text. Mr. Hale said the shingles were the same three-dimensional type used at Wendy's/Tim Hortons. Mr. Harian understood that the floor elevation was dropped one foot. Mr. Hale~agreed. Mr. Eastep said all text changes needed to be included in Case 2, the rezoning case. Mr. Fishman suggested eliminating personal services from the text, or to treat them as conditional uses. Regarding the text uses, Ms. Boring was concerned about miscellaneous retail and wanted repair services eliminated. Mr. Talentino said "personal services" were photo studios, beauty shops, barber shops, shoe repair, funeral service, pressing and garment repair, etc. Mr. Hale agreed to remove the automotive and repair services from the list of permitted uses in the zoning text. He said the parking reduction would apply only to pharmacy, and any subsequent use would have to meet the Parking Code. Mr. Hale also agreed to stipulate as part of the conditional use, that the drive thru would only apply to pharmacy use. Other uses would have to come back to the Commission and reapply. Ms. Boring made a motion to approve this rezoning application because it meets the PCD provisions of Section 153.058, maintains the expected character for the area, and has a workable parking arrangement, with four conditions: 1) That the text be revised to permit a minimum of 68 parking spaces for Walgreens prior to scheduling the public hearing; 2) That the text be revised to limit the parking reduction to a pharmacy use only; 3) That the balance of the requirements be met in the development plan; and 4) That the permitted uses in the text be revised to eliminate Office, Laboratory, and Research District uses, and repair services. + Mr. Talentino said in the proposed text for Subarea B2, both OLR and SO uses are permitted. Mr. Fishman and Mr. Lecklider suggested eliminating them. Mr. Talentino and Mr. Sprague did not think OLR was wanted. There was additional discussion about whether the applicant should be required to maintain 10 off-site (shopping center) parking spaces. Mr. Hale did not know if he could get ten parking spaces, because they had no business arrangement with the shopping center. Mr. Hale agreed to make a reasonable good faith effort to get ten on-site spaces for employees. He said if they have a parking problem, they will come back for permission to add ten more spaces on the site for which they have room. Given this commitment, Ms. Boring agreed that no condition would be required regarding the ten spaces. Mr. Eastep seconded the motion. Mr. Hale agreed to the conditions, and the vote was as follows: Mr. Peplow, yes; Mr. Sprague, yes; Mr. Lecklider, yes; Mr. Fishman, yes; Mr. Eastep, yes; Mr. Harian, yes; and Ms. Boring, yes. (Approved 7-0.) Dublin Planning and Zoning Commission , ~ , Minutes -March 3, 2000 Page 8 Regarding the development plan, Ms. Boring thought signage should return to the Commission for approval. She also suggested adding a condition: "That stormwater regulations must be met." Mr. Peplow asked if the pneumatic tubes should be addressed. Mr. Sprague said the base should be integrated into the masonry, even if the tubes are buried. Ms. Boring suggested another condition to drop the finished floor elevation by one foot. Mr. Gibson suggested that it read: "That the finished floor elevation not exceed 926 feet." Dan White, Stults and Associates, Inc., the project engineer, said the finished floor elevation was currently shown at 928.92 with the above ground detention, and dropping it one foot, it would be at 927.92. Mr. Hale said the sign would not be more than six feet tall. Mr. Eastep said the signage need not be discussed because it will come back before the Commission for approval. Mr. Gibson said the gutters should be painted to match the building. Mr. Eastep preferred having them integrated because painting is a maintenance issue. The aluminum should match the trim. He suggested a condition. There was some discussion about wording for conditions. Mr. Sprague did not want any grading work, etc. done at night, as it has previously been done. Ms. Newcomb said that was addressed by the Noise Ordinance. Ms. Boring made the motion to approve this development plan because it complies with the composite plan, development text and the pending text revision, and is in keeping with the high quality character of neighboring development, with nine conditions: 1) That this plan be revised to conform with any modification required by City Council as part of the pending rezoning petition (application 00-012Z); 2) That all signage be revised to meet the requirements of the text and Code, and be returned to the Planning and Zoning Commission for approval; 3) That the site lighting plan be revised to meet the provisions of the Dublin Lighting Guidelines and utilize a fixture matching that at Perimeter Center; 4) That a revised landscaping plan be submitted which conforms to Code and the comments contained in this report, subject to staff approval; 5) That the site meets the Dublin Stormwater Regulations, subject to staff approval; 6) That the pneumatic tube system be architecturally integrated into the building, subject to staff approval; 7) That there be no exterior speakers, except those associated with the drive-thru, and that they not be audible at the public right-of--way; 8) That downspouts and gutters be architecturally integrated into the building, subject to staff approval; and 9) That the finished floor elevation be one foot lower (927.92 feet) than at Wendy's/Tim Hortons (6850 Perimeter Loop Road). Mr. Hale agreed to the above conditions. Mr. Lecklider thanked the applicant for his cooperation. Mr. Sprague seconded the motion, and the vote was as follows: Mr. Harian, yes; Mr. Fishman, yes; Mr. Sprague, yes; Mr. Peplow, yes; Mr. Eastep, yes; Mr. Lecklider, yes, and Ms. Boring, yes. (Approved 7-0.) WALGREENS I: - .D 1 • 1 1-74.31' R-320.00' A-28'58' R-50.00' PERIMETER LOOP ROAD n=eso9,la. -N 7Q53'12' E (100' R~W~ ~.m - ,..ao C-67.66' T-8267 - ~ 8-5 5703'03' E N 8522'22' E 15121' ~ ~'0'P"L'C« ~ we rn +o aw . ~.a.JOa soy-1!' '3-'^41Q'A- -~~~~T~4t1~ 1 :f - ~ r it r~ a~ 1 ~J. K ~ y ~Fy~ , , 8 ,y ff I r S , 1 1 ~i ff 4s ; ~ , .vs ~"iTM/~ 250 AC li ; f I ~ naJ- O - 1 1 `o- ~ ~ n. ~ 11 1 ~ 1 y 1 7 • 11 ~X ' ' 1Q ~1 1 ~~11 11 Ts.lx sr. ~ 1 1 I R= 9se 28 i - D-0 OS'S~ Ll / ~ - J .1~ ~s is .~ym.Jay~°"~~ ,q~~ 11 1 ~I C- .7<~ 1 165. 2'r itr 1 ~ ~ a 1 I, ~ ~ 8-N 0'30'2¢' W =N 41' E i ~ r' ~ 2 f4 1 ' T 1 9' T-85.D5 ~ N~ ~ .r r. ~ J ,m,,,c ~ ~ a .a 5 r~l 1 L a f/ ~ w \,k ~ 111 g / i i - • a.~-c ,,nos - ~ ? ~ ~ " S 0<'3 '38' E i i P$ / ~ .p o~.,.u rYi'E wr T,~ 1 1 23 ~ s i i HOSPfTP,I ~ a•..~n„°"""°` ; y i 1 t ~ ...an / , ,ss. I 1 1 1 1 PROPERTIES 1 ~ ~ / ~ 11 1 / 1 ~ 1[~ ~ 1 1 ~ ~ 5 g522~22~ W 292.69 1 1 ~O ~ 1 ~w ~ ~ RESERVE B 1 11 - 1 1 1 sl s g 1 11 1 . a 1 1 , - i 1 1 ' 1 1 1 1 1 1 1 e~ 1 1 1 1 1 ~ ~ 1 1 '1 1 s LECENO PI AN H K 0' y NJfIED YNiC MtlMW KR OOOT YCCS IMIUES baTE ~ CAiCPoOR DDOR$ ENLwEEFNC • vRDVOSEO aCrti BuIDMG ZwwC wgSClPwc wAL~NLTDN lkP, RLLC OC>NfiYEM 00-012Z/99-125DP Minor Revision/Development Plan D ~ 1 w •D Riverside Hospital PCD Subarea B-2 Walgreens WALGREENS ELEVATIONS x. _ - .,I~.I ,~1 _ _ North F~cvation (Paimctu [.oop Roan) ..x-~ A ~ lar=t~m amc-~ am-i r~~ TM-I "`e' aw aw w-~ v-I r. .~cw - 4 c ~ amca ~ vra smc~ ulv-i on-~ m-~ w.x-a ~n asp ~_i awss-: snmo-l tn-+ srvc~ B Fact []ovation (Autry Road) ~v_i sue: tB•=ro- •.ma - tom"-' _ - ~ >wl .t - 671 ~ wutl ~ TlaC1 611 tis-IJ ~I.i a ~~ac-a fr-I ; ~v a Soulh I;Icvalion C tole. IM -1 al' fCi R (A°-1 t~Y'1 uT[ ~ -e r~~- - O].1 ...v..rt r. - ...~_-r Q1-1 _ -OT 1 - ° ' P 00-012Z/99-125DP Minor Revis)on/Develo ment Pla DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION November 4, 1999 (:I'fl~ (1F Dl'BL1\ Division o{ Mantdag 800 Slde<-Rings Raad Gn, Rio 43016-1236 fort Phaie/(OD: 614-161 ~SSO Fmc 614-161566 Web Site: www du6tn.ah.us The Planning and Zoning Commission took the following action at .this meeting: 8. Rezoning Application 99-1002 -Riverside Hospital PCD, Subarea BI -Burger King - 6315 Perimeter Drive Location: 1.52.6 acres located at the southwest corner of Perimeter Drive and Avery- Muirfield Drive. F.xistintg 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 43?_29; represented by .Burger King Corporation, c/o Dick Sampsor. 200 East Chicago Avenue, Westrrtont, Illinois, 60559; ~A~, and Cowan 8i Associates, c/e 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 i~ _ 00-012Z/99-125DP ~ Minor Revision/Development Plan Plana Riverside Hospital PCD Subarea B-2 Walgreens Dublin Planning and Zoning Commission ~ ~ • . Minutes -November 4, 1999 Page 17 i 7. Final Plat 99-097F -Westbury, Section ,Phase 2 This case was postpo ed due to the late hour. here was no discussi or vote. 8. Rezoning Application 99-1002 -Riverside Hospital PCD, Subarea B1 -Burger King - 6315 Perimeter Drive John Talentino said this is a rezoning application to revise the development- text for this outparcel at Avery Square. The revision will reduce the parking requirement for a restaurant, similar to the request approved for Wendy's/Tim Hortons. Mr. Talentino said the development plan and the conditional use applications will be considered at a later date. The architecture and layout will not be approved tonight. He showed several slides. Mr. Talentino said Avery Square was approved in 1996, and Wendy's was approved in 1997. It included a reduction in the rear yard setback in favor of more greenspace along Avery- Muirfield Drive for both outparcels. He said shared parking with the center was approved for the Wendy's restaurant. The staff report shows a number of Dublin restaurants and their applicable parking ratios. He said the text is to be revised to require 53 par~Cing spaces, and the Burger King representatives believe that is more than needed. He noted the Wendy's/Tim Hortons variance was larger, but no problems have been observed. Mr. Talentino said the hedge and pillar treatment, similar lighting, and the sidewalk will be continued. He showed proposed building elevations. He said the shopping center has agreed to provide ten spaces to the Burger King site. He said the shopping center, including the 25 shared parking spaces and the future center expansions, will continue to meet Code. He said staff is comfortable with this proposal. He said staff is recommending approval subject to 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 ten off-site parking spaces be maintained; and 3) That the balance of the requirements be met in the development plan. .ter Mr. Talentino said the employees will park off-site, not the customers. Mr. Fishman said problems have been experienced elsewhere, and the employees should be required to park off- site. He said the center clearly has a parking surplus. Mr. Sprague said it is a safety issue. The Commissioners all agreed on this point. Mr. Banchefsky noted a shared parking agreement will be needed to address the parking shortfall. Dick Sampson of Burger King said normally, a restaurant needs 40 to 50 spaces. He said 53 spaces will be plenty. Kevin Horn of Burger King said the largest shift is 8-12 employees. 00-012Z/99-125DP Minor Revision/Development Plan Riverside Hospital PCD Subarea B-2 Walgreens • Dublin Planning and Zoning Commission Minutes -November 4, 1999 Page 18 Charlie Fraas of the Don Casto Organization said there is no parking problem. They will agree to 12 spaces if needed, but he would prefer this not be mandatory, but cooperative. He does not want to jeopardize the center's expansion plans. Mr. Fishman said the spirit of this arrangement is that all Burger King employees, regardless of the number, should park off site. Mr. Fraas said this was acceptable. Mr. Eastep asked about signage. It was agreed that only a parking reduction was under discussion. Chris Cline said Dublin's Code requires more parking than most other, more up to date, municipal parking codes. Mr. Fishman said he was unconvinced about reducing the parking requirement across the board because problems have been experienced elsewhere. Mr. Fishman made a motion to approve this rezoning 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. Mr. Sampson agreed to the above conditions. Mr. Harian then seconded the motion, and the vote was as follows: Mr. Sprague, yes, Mr. Eastep, yes; Mr. Lecklider, yes; Mr. Harian, yes; and Mr. Fishman, yes. (Approved 5-0.) The meeting was adjourned at 11:10 p.m. Respectfully submitted, ~ Libby Fa ey Administrative Secreta Planning Division 00-012Z/99-125DP Minor Revision/Developinent Plan Riverside Hospital PCD Subarea B-2 Walgreens F~ RECORD OF PROCEEDINGS Du lin City Couac eetmg age December 13,1999 Held Ordinance 109-99 - An Ordinance Providing for a Change in Zoning for 2.07 Acres Located on the South ide of Shier-Rings Roa , Appro:timately 350 Feet East. of Avery Road, from: ,Planned Comm District, to: PCD, Planned' Co erce District. (Perfo ce Films, Lot 9, 6365 Road/File No. 99- 0772) (Applicant: Tara Group, TD, 6365 Shier- Road, Dublin, Ohio 43016, _ owner eorge Lewis) w - Ms. C e stated this the land is ently zoned PCD fors eral commercial uses, wazcho and some limited retail. ey want to expand the ' ling basiness, and could not the side-yard requirem is in the PCD text. Th would like to reduce - that requir nt to 25 feet. This is the y issue under consi tion. 'The site consists of tw acres located on the south ide of Shier Rings and mostly developed. The Planning mmission recommended rovak on November 4, 1999 with three conditions by a to of 5-0. 1) That Iands a plan be revised to co rm to Code, subject to toff approval; 2) That a revis site plan, landscape plan, and zoning text be sub 'tied within two weeks and be acxep le to staff; and 3) That evergree be added along the west a nation to visually sc n the metal siding, subjecx to staff a royal. Vote on the Ordinance - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes. Ordinance 124-99 - An Ordinance Providing for a Change in ZoIIlig for 1.526 Acres Located at the Southwest Corner of Perimeter Drive and Avery Muirfield Drive, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Riverside Hospital PCD- Bncger King -6315 Perimeter Drive/File No. 99 1002) (Applicant: Dublin Oaks Limited, Don Casio Organization, c/o Paul G. I.ukeman, 209 East State Street, Columbus, Ohio 43229; Burger King Corporation, do Dick Sampson 200 East Chicago Avenue, Westmont, Illinois 60559;and Cowan and Associates, c/o Brian M. Edison, 438 East Wilson Bridge Road, Worthington, Ohio 43085.) Ms- Clarke stated this site is currently zoned PCD and consists of an out parcel located in front of the Avery Squaze shopping center. It is currently zoned for fast food restaurant, bank or other service uses. The proposal is to put a fast food restaurant with adrive-through on a site that is zoned for fast food. The issue is that they are aot able to comply with the parking code requirements. The only revision to the text that is under consideration would permit a 4,400 Squaze foot restaurant to be built with 53 parking spaces. There is also an agreement in place that 15 off-site parking spaces be secured to provide employee pazking. Mayor Kranstuber asked how many parking spaces would actually be required under the Code, and if there will be a stacking issue in relation to parking. Ms. Clazke stated that Code requires 88 parking spaces. In terms of stacking, Planning Commission has reviewed this matter as part of the conditional use application. The Iv~cDonald's site across the street is much smaller than the site in question, and the Burger King site will have more stacking around the building than McDonald's. She added that the McDonald's plan also was recommended for disapproval, and came to Council on a request for an override vote. This proposal, however, has the endorsement of both staff and the Planning Commission. Vote on the Ordinance - Mr. Adamek, yes; Mayor ICranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittakuga, yes. Ordinance 123- - An Ordinance to Adopt a Annual Operating Bgdget for the Fiscal Year En December 31, 2000, aad acing ai 00-0122/99-125DP incorporated into the ocument before~Council tonig budget r Minor Revision/Development Plan Riverside Hospital PCD Mr. Adamek thanked s and Council for their diligen in Subarea B-2 is recommending approva Walgreens s¦a~ II DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION December 2, 1999 CITI~ (IF Dl~[iLl\ isioa of Naming aster-I~I~a a~ ,o~4~ois-~~ r..e. e~/Ino:6»a6i~sso ~ 6i4a6i~s~ Mkh Site: www.~tm.ahus The Planning and Zoning Commission took the following action at this meeting: 2. Development Plan/Conditional Use 99-086DP/CU - Riverside Hospital PCD, Subarea BI - Burger King - 6315 Perimeter Drive Location: 1.526 acres located at the southwest corner of Perimeter Drive and Avery- Muirfield Drive. Existing Zoning: PCD, Planned Commerce District (Riverside Hospital plan), revision pending. Request: Review and approval of a development plan under the PCD, Planned Commerce District provisions of Section 153.058 and a conditional use under the provisions of Section 153.236. Proposed Use: A 4,450 square foot fast-food restaurant with drive-thru. Applicant/Owner: Dublin Oaks Limited, Don Casto Organization, c/o Paul G. Lukeman, 209 East State Street, Columbus, Ohio 43229; represented by Burger King Corporation, c/o Dick Sampson 200 East Chicago Avenue, Westmont, Illinois, 60559; and Cowan & Associates, c/o Brian M. Edison, 438 East Wilson Bridge Road, Worthington, Ohio 43085. MOTION: To approve this development plan conditional use because it complies with the requirements of the preliminary development plan and the revised text, and is in keeping with the quality and character of the neighboring development, with 16 conditions: 1) That this plan be revised to conform with any modification required by City Council as part of the pending rezoning petition (application 99-100Z); 2) That the drive-thru lane be separated from the south parking area by a landscaped island with one curbcut, planted with Norway maples on 40-foot centers, to create a tree canopy over the drive-thru, subject to staff approval; 00-012Z/99-125DP Minor Revision/Development Plan Page 1 of 2 Riverside Hospital PCD Subarea B-2 Walgreens DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION December 2, 1999 2. Development Plan/Conditional Use 99-086DP/CU - Riverside Hospital PCD, Subarea B1 - Burger King - 6315 Perimeter Drive (Continued) 3) That the western drive aisle be reduced from 20 to 17 feet, and that the width of the landscaping area along the western property line be increased by three feet; 4) That the site entrance and exit points be a minimum 25 feet wide; 5) That the sidewalk along the western property line be installed with this development and shown on all plans; 6) That all signage be revised to meet the requirements of the text and Code, and that drive-thru signage be revised to be less obtrusive, subject to staff approval; 7) That no red or other bright color be used on the building or site; 8) That the site lighting plan be revised to meet the provisions of the Dublin Lighting Guidelines; 9) That a revised landscaping plan be submitted which conforms to Code and the comments contained in this report, and be consistent with the Wendy's1Tim Hortons site, subject to staff approval; 10) That the ground signs be similar in height to those at Wendys/Tim Horton's with stone bases and brick sign faces; 11) That the red and blue colors be eliminated from the menu board and clearance signs and that poles and frames be dark bronze; 12) That bronze anodized alumininum framing be used on all windows and doors and that horizontal mullions be used on the top third of the first floor windows; 13) That 20 percent solor gray tint be used on all windows; 14) That the play structure be restricted to neutral earthtones so that it is not discernible from Avery-Muirfield Drive; 15) That the five windows on the second story be square and be spaced above every other window on the first floor; and 16) That revised site plan and building elevation drawings consistent with the discussion at this meeting be submitted within two weeks, and be approved by staff. * Dick Sampson agreed to the above conditions. VOTE: 7-0. RESULT: This development plan conditional use application was approved. ST F RTIFICATION hn Talentino, Planner Page 2 of 2 00-012Z/99-125DP Minor Revision/Development Plan Riverside Hospital PCD Subarea B-2 Walgreens ~ _ _ Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 4 2. Development Plan/Conditional Use 99-086DP/CU -Riverside Hospital PCD, Subarea Bl - Burger King - 6315 Perimeter Drive John Talentino said the Commission approved the revised composite plan for this site last month, and it is scheduled for City Council on December 13, 1999. It modifies the parking requirement from 89 to 53 spaces and also provides for shared parking with Avery Square. Mr. Talentino said this site is subarea B1. He showed a variety of slides. _ Mr. Talentino said left turns at the service drive that provides access to this site will be eliminated as heavier traffic is expected with the new developments approved. Mr. Sprague asked about plans for an additional left turn from Perimeter Drive onto Avery- Muirfield. Ms. Cox said there are improvements needed for the Perimeter West rezoning behind the shopping center, and the requirements were shown on the preliminary plat. The service drive is restricted to right in right out only whenever the volume exceeds a certain point. This will avoid conflicts with stacking. Mr. Sprague said there are already stacking problems. Ms. Cox said the traffic volume is starting to exceed the safe level for full turns. Mr. Lecklider said he has the same concern that people are now use to being able to make the left turn. He asked how do they propose to restrict the turn. Ms. Cox said there will be a concrete triangle installed in the entryway that will restrict the traffic. Mr. Eastep said there is a conflict between the stacking and with maneuvering for several some spaces, including those for the handicapped. He said placing the drive isle close to the entry might be unsafe for patrons crossing the drive-thru lane. During peak times, some spaces become unusable, and he wanted a plan with workable stacking and unblocked parking lanes. Mr. Talentino said they looked at a several revisions. He was not sure there was a solution because the building cannot face Avery-Muirfield Drive. Mr. Talentino said Burger King believed fewer parking spaces were needed for normal operations. Staff was uncomfortable u~:~ with reducing the number of parking spaces and has recommended shared parking. Mr. Eastep suggested making the radius closer to the building and using a double row of head- in parking. Mr. Talentino said maximizing the drive-thru stacking is very critical. He said the stacking purposed was for nine vehicles. Mr. Talentino said Wendy's/Tim Horton's used the same materials and architecture as proposed here. This building is brick, except for a stone element on the north face. Windows and awning patterns are used on all four sides. A recessed brick surface with awnings on the west elevation provides the appearance of windows. Staff would prefer a deeper recessed surface. He said the existing the pillars and the hedge treatment will be continued for parking lot screening. Mr. Talentino said screening needs to be 3 '/z feet above the parking surface. Mr. Talentino said the sidewalk will be continued on the Burger King site. Staff is requesting reducing the drive aisle width at Burger King by three feet, adding three feet to the 00-012Z/99-125DP Minor Revision/Development Plan Dublin Planning and Zoning Commission , ' . Minutes -December 2, 1999 Page 5 landscaping. There should be space for the parking lot screening and greenspace. He said the proposed sign now will have a brick background. He did not think the Avery Square text restrictions on signage applied to the outparcels. Mr. Fishman said Dublin did not have any signs such as the one proposed. Mr. Talentino said the applicant had agreed to remove the bright colors and wording. Directional signage is limited to three feet high, and four square feet in area. _ f Mr. Fishman asked if the blue overhead sign saying "Watch Your Head" could be eliminated. Mr. Talentino said it was clearance for the awnings and overhangs at the drive-up window. He said the copy needs to be generic. Mr. Talentino said the pole sign would not be permitted by Code. No music is permitted and the menu board cannot be viewed from off site. Mr. Talentino said Wendy's/Tim Hortons has two signs, one at Avery Road and the other at Perimeter Loop. This also is entitled to two signs. Mr. Talentino said the Commission has discretion over the conditional use, the drive-thru. He said staff recommends curbing and landscaping (trees) between the drive-up lane and the drive aisle on the south end of the site. The site plan does not show the landscaped island all the way to the end of the drive-thru. Mr. Talentino referred to the swale proposed at the south property line. He said staff did not fmd it aesthetically pleasing, although it meets the engineering requirements. Mr. Talentino said this is in keeping with the character of the center, maximizes the drive-thru stacking, and accommodates circulation. Staff recommends approval with nine conditions: 1) That this plan be revised to conform with any modification required by City Council as part of the pending rezoning petition (application 99-100Z); 2) That the drive-thru lane be separated from the south parking area by a landscaped island planted with Norway maples on 40-foot centers, to create adrive-thru canopy, subject to staff approval; 3) That the western drive aisle be reduced from 20 to 17 feet, and that the width of the landscaping area along the western property line be increased by three feet; 4) That the site entrance and exit points be a minimum 25 feet wide; 5) That the sidewalk along the western property line be installed with this development and shown on all plans; 6) That all signage be revised to meet the requirements of the text and Code, and that drive-thru signage be revised to be less obtrusive, subject to staff approval; 7) That no red or other bright color be used on the building or site; 8) That the site lighting plan be revised to meet the provisions of the Dublin Lighting Guidelines; and 9) That a revised landscaping plan be submitted which conforms to Code and the comments contained in this report, subject to staff approval. Mr. Fishman asked if the menu sign will be seen off-site. Mr. Talentino said the menu board needs to be screened, and the applicant has agreed. He said the original sign drawing did not reflect the revised colors. There is to be only one menu board and not apre-board. The 00-012Z/99-125DP Minor Revision/Development Plan ¦w u _ _ ~ . Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 6 maximum size of the menu board by Code is 32 square feet. Mr. Eastep said the text did not address pick-up/delivery times. He said the general nuisance law was 7 am to 7 pm. To service the dumpster, the truck needs to drive through parking lanes and the drive-thru lanes. He assumed that refuse would not be picked up during busy times. He thought a condition was needed to assure that no night pick-ups/deliveries are . permitted. Mr. Talentino said a Certificate of Zoning Compliance is issued at the time of the building permit, and if the building is not built within a year, the permit would expire. Mr. Lecklider noted that staff suggested that on the west elevation facing the shopping center the reveal should be clearly visible from off site. Mr. Talentino said staff suggested that the reveal be recessed several inches to increase the shadowline. He said of the four awnings shown on the west elevation, only two actually had windows below them, the others were just recessed areas. Mr. Talentino said the window glass will be clear, consistent with that at Wendy's/Tim Hortons, but staff was concerned about the brightly-colored play structure near the windows. Staff thought tinting would allow the play structure to be seen at night. Mr. Lecklider was concerned about the play structure. Mr. Fishman recalled that Bridge Street McDonald's had requested an exterior play structure which was disapproved by the Commission. Mr. Eastep asked if an indoor play structure was construed as an amusement device under the Code. Mr. Talentino said no, not as proposed. Mr. Eastep wanted this researched further. He had a problem with it being visible off site. Mr. Lecklider said he would err on the side of caution, even eliminating the play area or using tinting, and he did not want to see it from Avery-Muirfield Drive or Perimeter Drive. Mr. Talentino said red was proposed at the doorway of the storefront entrance and the windows immediately around it. The remainder of the store front is anodized aluminum framing. Staff is suggesting that the regular anodized aluminum be used everywhere. He said the applicant had agreed to make the menu boards less obtrusive by removing the red and blue and using a bronze color instead. He said the plan had not yet been revised. Mr. Lecklider asked if the landscape divider could be widened. Mr. Talentino said there was room, but the applicant feels if the entire area is curbed and landscaped, there will be no room for a bypass of the line. They prefer an escape lane. Mr. Talentino said neither Wendy's nor Tim Hortons had a bypass lane. Mr. McCash said Tim Hortons had a landscape island between the pickup window and Avery-Muirfield Drive. 00-012Z/99-125DP Minor Revision/pevelopmentPhn Dublin Planning and Zoning Commission , ' . , Minutes -December 2, 1999 Page 7 Mr. McCash asked if the stormwater regulations would be waived. Barb Cox said the entire area drains to the center system, the wet pond between BW3s and Mark Pi's. She said the water drains into wet pond before entering the public system, the wet pond is the preferred method of achieving water quality and the quantity. The entire area was master planned ahead of time. She said the pond will address the water quality issues. For the aesthetics, look, and location, a trench drain or ditch along Avery-Muirfield Drive would be much better. The intent of the Code is being met. _ Mr. McCash preferred the water go to the existing wet pond instead of a trench. His asked if { this site will meet the technical requirements unless they have "on site filtration." Ms. Cox said it depended upon the definitions of on site and off site. She said the whole area had an approved master storm water plan. The staff wanted to be consistent. Ms. Cox said stormwater went directly to the larger pond first. Mr. Eastep asked if the small wet pond served as a retention pond. Ms. Cox said yes, for part of it; there was a divide in the parking lot. She said all the underground pipes are constructed and there is a stub into this outlot. Mr. Eastep asked if it were feasible to take it to the small pond by increasing the small pond. Ms. Cox said no. Mr. Talentino said the hedge and pillars are the Avery-Muirfield landscape treatment, and it is consistent with Wendy's/ Tim Hortons. A stone base on the sign gives the idea that there is stone continuing down the property line, but it is not a requirement. Dick Sampson, Burger King Corporation, said they had previously proposed afour-color monument sign, including white as a background color. They are now proposing a brick monument sign with red letters, and their logo of an orange-yellow bun, and a blue frill. The brick will match the building. He showed sign drawings. He said the "Clearance" sign would be a dark bronze. It would be typical with an arm on top that swivels when hit and returns to its original position. It is needed to protect canopies over the drive-thru windows. Mr. Lecklider said the only text permitted on it would be something that stated clearance. Mr. Sampson agreed and said it would be a single, 4" x 4" tube pole with a dark bronze arm on top of it. Mr. Fishman asked if the wide blue chain was necessary. Mr. Sampson said no, this was only an example of their typical signage. They would like to use the red. They would like to use red on their doors, etc., but they will not use it if that is requested. Mr. Sampson said the pre-menu board would be eliminated. Mr. Sampson said yes. Mr. Lecklider asked what was the blue piece on one end of the menu board. Mr. Sampson said it is a design elements of their building. Mr. Fishman asked if there was any blue on this Dublin building. Mr. Sampson said no. He agreed to remove the blue element on the menu board. Mr. Fishman said the red border around the menu board is a problem because it makes screening so difficult. A bronze or natural color would be easier to screen. Mr. Lecklider 00-012Z/99-125DP Minor Revision/Development Plan uw w~v _ _ _ Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 8 agreed, but he did not want to be more restrictive than on the Wendy's site. Mr. Fishman said Wendy's menu board could not be seen off site. He was concerned about seeing hat the play equipment. Mr. Fishman asked if Mr. Sampson agreed to landscape along the drive-thru. Mr. Sampson preferred not to do this; they need a n angled cut to allow vehicles to escape. Mr. Talentino said the menu board should be screened from off site. He said the drive thru lane has a 3'h-foot screening requirement. Mr. Lecklider asked if staff wanted the curve along the drive thru screened. Mr. Talentino said yes. Mr. Fishman did not think a second escape was needed, as customers would have already paid. Mr. Sampson proposed to have the island on the south side of the building continue past the pickup window and then have an escape lane for cars. He said many people stop just before they hit the canopy or awning, and need to get out of line. Also, a car might stall. Charles Fraas, Don Casto Organization, said Burger King was going through a national change in its image. He said they did not like the new style and have spent five months revising the architecture before filing this application. The awnings can be damaged easily, and this should be avoided. He said they are not asking for a large gap in the landscape strip. Mr. McCash said the clearance bar at the curve can only be bypassed if there was no line; a better place for a clearance bar would be at the menu board. Mr. Sampson agreed to move it closer to the menu board. Mr. Lecklider thought this would eliminate the need for an escape lane. Mr. Sampson said the escape was still needed; it is about nine feet high. Mr. Lecklider thought the escape lane was need needed. Mr. Sampson felt it was necessary. Mr. Fraas said Burger King has learned from experience that it is needed. Mr. Sprague suggested an interactive bar that sets off a warning, or a strobe light, be used. Mr. Sampson said there was still an issue with the vehicles behind the tall vehicle leaving. Mr. Lecklider was not against the clearance bar itself, but he wanted a landscaped strip, not an escape lane. Mr. Fraas said the escape lane was necessary, and Burger King is not trying to avoid the landscape issue. Mr. Eastep said company identity could be construed as a sign by colors. If Burger King used their company logos on all menu boards, they could be considered signage. He wanted a quiet menu board. Mr. Fishman said Wendy's/Tim Hortons had stone at the bottom of their signs. He wanted the same treatment on this site. Mr. Sampson agreed. Mr. Eastep clarified that it will have a stone sign base with brick matching the building above it. Mr. Sampson agreed. Mr. Fishman stated for the record, that the menu board and sign will be required to meet Code 00-012Z/99-125DP Minor Revision/Development Plan Dublin Planning and Zoning Commission . ` - , Minutes -December 2, 1999 Page 9 with no blue or red used. There will be no wing on the menu board. Mr. Eastep wanted no red doors. Mr. Sampson agreed. Mr. Fishman asked Mr. Sampson to "beef-up" the landscaping. Mr. Sampson agreed to increase the landscaping on the south side. He said a customer convenience post which permits them to recheck their order and correct it, and enough room is needed to bypass it. Mr. Lecklider wanted more than just six feet of additional landscaping after the first escape lane. Mr. Sampson agreed. Mr. Fishman wanted the perimeter landscaping to be consistent with Wendy's/Tim Hortons, meeting or exceeding Code, subject to staff approval. Mr. Sampson agreed. Ms. Clarke said the density of landscaping should provide screening. She said what could not fit into the island will be placed elsewhere, probably along the southern property line. Mr. Fishman said the landscaping should be opaque. Mr. Sampson agreed to do the reveals on the west elevation as suggested by staff. Mr. Sampson said the playground was located in the two-story structure. Mr. Fishman was concerned that the playground would be very visible from the outside. Mr. Sampson said part of the structure is cantilevered over the top so there can be seating underneath. He said part of it might be seen at night. He estimated the play area takes up 800 square feet of the 4,500 square foot building. Mr. Lecklider said great lengths have been taken to tint windows elsewhere. Wendy's/Tim Hortons has clear glass, but it does not have anything like this playground. Mr. Fishman said even area daycares are not allowed to have brightly colored play structures. He noted that purple, green and orange are proposed for the play structure. Mr. Eastep said the intent is to maintain Dublin's natural environment of stone walls, trees and landscaping. He objected to the colors proposed. Mr. Sampson understood. Ms. Clarke suggested using internal translucent shade or blinds to maintain the exterior residential appearance and to block out the orange and purple structure. She said spandrel glass is unnecessary. The goal is to see a brick building with windows, not the distraction of the play equipment. Mr. Eastep said shades would be constant Code Enforcement issue. Mr. Sampson suggested using earthtones on the structure. Mr. Sprague said that would help. Mr. Fishman agreed. Mr. Fraas and Mr. Sampson agreed to use a neutral color. Mr. Eastep said the play area was not incidental to the primary function of the building. Jennifer Dutey Readier said it could be argued that the play structure is an accessory use. If 00-012Z/99-125DP Minor Revision/Development Plan - . Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 10 so, it is limited to 25 percent of the square footage of the building. It appears to comply with this. In a Community Commercial District, an "amusement establishment" or video arcade is a conditional use. She said if the Commission has serious questions about this, perhaps the application should be tabled so that the issues can be reviewed. To her, it seemed to be an accessory use. Mr. Fraas noted no admission is charged for this "amusement." _ Mr. Eastep considered the playground to be a sign; it is a marketing gimmick. He did not want the playground to be visible from the street because it functions as a sign. He suggested tabling the conditional use and said even a neutral color play structure is a sign. Mr. Lecklider agreed. Mr. Fraas did not think the play structure could be considered a sign because it has no graphics. Mr. Fishman said "earthtones" (not green) could be used. He did not want it all one color, but different shades. Mr. Lecklider said the colors should be reviewed. Mr. Harian found the colors offensive. They do not fit into the palette of the center. A neutral or beige color would prevent it from being seen from off site, and staff could handle this issue. Mr. McCash did not want to see the play structure from the outside. He felt the windows should be tinted to be consistent with Wendy's/Tim Hortons and the shopping center. He suggested adding evergreens to block the visibility from Perimeter Drive or Avery-Mui~eld Drive. Mr. Fraas thought there were tinted windows only on the north side of the center. Mr. Sprague said the windows at Blockbuster were heavily tinted. Mr. Fishman suggested that the play structure be limited to beige tones and that the perimeter landscaping be opaque. Mr. Lecklider noted the site elevation is very high. He asked how landscaping could be used to screen the second story window. Mr. McCash said the building has odd proportions, and the windows lack rhythm. He suggested eliminating the second floor windows to solve the visibility of the play structure. Mr. Fraas said the second floor windows are needed to meet the shopping center text. He noted no part of this floor plan was prototypical for Burger King. The building was totally redesigned. Mr. Fraas said the second story element was not an identification feature for Burger King. Mr. McCash said he could approve the second level play structure, but the building proportions and windows need work. He recommended either eliminating the second floor windows, or changing them to three-over-three. The single door without sidelights was strange. He would like to see an additional horizontal mullion to line up with one of the reveals at the same height as the top of the door, and then be consistent on all elevations. Mr. 00-012Z/99-125DP Minor Revision/Development Plan Riverside Hospital PCD Dublin Planning and Zoning Commission . ' Minutes -December 2, 1999 Page 11 Lecklider agreed. Mr. McCash asked if the two awnings shown on the west elevation above brick recesses were windows. Mr. Sampson said they were reveals without windows; he said the horizontal stripes shown were basically, half bricks of the same color and not recessed. Mr. McCash said if the second story would look strange if it remained at the'same height after removing the windows. Mr. Eastep agreed that the window proportions were wrong. He said the same elevation should be repeated on both stories. He said this building would probably receive positive comments that it was the best-looking Burger King in `the United States. Mr. McCash suggested imitating the stone and arch areas of the center and adjusting the opacity. Mr. Sampson agreed to use three-over-three windows, providing a residential look. Mr. McCash said the additional horizontal mullion was needed on all windows at the level of the top of the door, which is consistent with the shopping center. Mr. Eastep preferred to have the windows on the north elevation two-over-two. Mr. Peplow suggested a round window over the door. He thought muted earthtone colors on the playground would be acceptable. He wondered if play equipment is available in neutral colors. Mr. Sprague said that the windows should be minimized. He said neutral tones are needed on the play structure, and he did not want to see it at all from outside. Full tinting of the windows might be necessary. This is an attractive building, but it should blend better with the center. Mr. Harian said the windows needed some type of symmetry, and he liked mullions on the top third of the windows. A beige play structure would be fine. He appreciated that the applicant removed all the bright colors on the menu board and made them neutral Mr. Fishman stated the shopping center has cart corrals that are out of compliance, and this complaint is over a year old. He wanted a condition to require bringing the center into compliance. Mr. Fraas could not do this because Kroger installed the corrals on ground it leases. They have asked Kroger to install the landscaped cart corrals, but they cannot compel Kroger to do so. Mr. Eastep said the metal cart corrals were not shown on the approved PCD plan. Mr. Fraas agreed to use two-over-two windows and a neutral colored play structure. He did not want to tint windows. He agreed to install a round window above the second story door. As an alternative to the windows, Mr. McCash suggested three windows on the first floor and using purely square windows at the upper level to set up an alternating rhythm of window/stone, etc. Mr. Sampson said the sign will match the brick and color of their building. Mr. McCash 00-012Z/99-125DP Minor Revision/Development Plan _ w~ Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 12 asked if that brick color will provide enough contrast for the "Burger King" lettering. Mr. Sampson asked if he could use stone on the sign face. Mr. McCash suggested using a white background, but this would add a fourth color. Mr. Lecklider said he preferred the stone base and brick sign. Mr. McCash said the site elevation is being increased, and the top of the sign should match the same mean sea level elevation as that of the Wendy's site. Mr. Lecklider did not want the grade altered to cause the sign to be more prominent and higher than 'the Wendy's/Tim Hortons sign. Mr. Sampson agreed so long as the grade would permit it. It was agreed that no pure green should be used on the play structures. Mr. Lecklider said if acceptable to staff neutral colors could not be found for the play structure, the windows would have to be tinted. This application would have to return to the Commission for approval. Mr. Fraas and Mr. Sampson agreed. Messrs. McCash, Fishman, and Sprague wanted the windows to be tinted 20 percent and neutral colors used on the play structure. Mr. Sampson agreed. The Commission agreed that dark bronze aluminum could be used for the framing. Mr. Sampson agreed to use horizontal mullions on the windows on all elevations. Mr. Fishman made a motion to approve this development plan conditional use application because it the complies with the requirements of the preliminary development plan and the proposed text revision, and is in keeping with the quality and character of the neighboring development, with 16 conditions: 1) That this plan be revised to conform with any modification required by City Council as part of the pending rezoning petition (application 99-100Z); 2) That the drive-thru lane be separated from the south parking area by a landscaped island with one curbcut, planted with Norway maples on 40-foot centers, to create a drive-thru canopy, subject to staff approval; 3) That the western drive aisle be reduced from 20 to 17 feet, and that the width of the landscaping area along the western property line be increased by three feet; 4) That the site entrance and exit points be a minimum 25 feet wide; 5) That the sidewalk along the western property line be installed with this development and shown on all plans; 6) That all signage be revised to meet the requirements of the text and Code, and that drive-thru signage be revised to be less obtrusive, subject to staff approval; 7) That no red or other bright color be used on the building or site; 8) That the site lighting plan be revised to meet the provisions of the Dublin Lighting Guidelines; 9) That a revised landscaping plan be submitted which conforms to Code and the comments contained in this report, and be consistent with the Wendy's/Tim Hortons site, subject to staff approval; 10) That the ground signs be similar in height to those at Wendy's/Tim Hortons with stone bases and brick sign faces; 11) That the red and blue colors be eliminated from the menu board and clearance signs 00-012Z/99-125DP Minor Revision/Development Plan Riverside Hospital PCD Subarea B-2 Walgreens Dublin Planning and Zoning Commission Minutes -December 2, 1999 Page 13 and that poles and frames be dark bronze; 12) That bronze anodized aluminum framing be used on all windows and doors and that horizontal mullions be used on the top third of the first floor windows; 13) That 20 percent solar gray tint be used on all windows; 14) That the play structure be restricted to neutral earthtones; 15) That the five second story windows be square and be spaced above every other lower story window; and 16) That revised site plan and building elevation drawings consistent with the discussion at this meeting be submitted within two weeks, and be approved by staff. r.. Mr. Sampson agreed to the above conditions. Mr. Peplow seconded the motion, and the vote was as follows: Mr. Sprague, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Harian, yes; Mr. Eastep, yes; Mr. Peplow, yes; and Mr. Fishman, yes. (Approved 7-0.) Mr. Lecklider thanked Mr. Fraas and Mr. Sampson for their patience. Mr. Lecklider called a brief recess. Upon returning, he announced the 11 o'clock rule. ~0-012Z/99-125DP Minor Revision/Development Plan [Ziverside Hospital PCD Subarea B-2 Walgreens