Loading...
Ordinance 63-12RECORD OF ORDINANCES Inc. Ordinance No. 63 -12 Passed , 20 AN ORDINANCE REZONING APPROXIMATELY 1.35 ACRES LOCATED ON THE SOUTHWEST CORNER OF DALE DRIVE AND WEST DUBLIN - GRANVILLE ROAD FROM BSC- C, BRIDGE STREET CORRIDOR COMMERCIAL DISTRICT TO CC, COMMUNITY COMMERCIAL DISTRICT TO FACILITATE THE DEVELOPMENT OF AN APPROXIMATELY 3,800- SQUARE -FOOT RESTAURANT. (CASE 12 -053Z) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The following described real estate, (see attached legal description), situated in the City of Dublin, State of Ohio, is hereby rezoned CC, Community Commercial District, and shall be subject to regulations and procedures contained in Ordinance No. 21 -70 (Chapter 153 of the Codified Ordinances), the City of Dublin Zoning Code and amendments thereto. Section 2 . The application, including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, are all incorporated into and made an official part of this Ordinance and said real estate shall be developed and used in accordance there within. Section 3 . This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this A2hd _ day of �i 0��� , 2012. &A2&&iL Mayor - P e iding Officer ATTEST: Clerk of Council Office of the City Manager City of Dublin Phone: 614 - 410 -4400y Fax:b614 -410 -4490 43017-1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager` Nk— Date: October 18, 2012 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Memo Re: Ordinance 63 -12 — Rezoning Approximately 1.35 Acres Located on the Southwest Corner of Dale Drive and West Dublin- Granville Road from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District to Facilitate the Development of an Approximately 3,800- square -foot Restaurant. (The Wendy's Company — Restaurant and Drive -Thru) (Case 12 -0532) Summary On October 8, 2012, City Council introduced Ordinance 63 -12, proposing the rezoning of 1.35 acres on the southwest corner of Dale Drive and West Dublin- Granville Road from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District to facilitate the development of an approximately 3,800- square -foot restaurant. The rezoning application received a disapproval recommendation from the Planning and Zoning Commission at their September 20, 2012 meeting, with Commission concerns regarding whether the high quality development standards desired by the City would be upheld should the site be redeveloped by a different user in the future. During the Council presentation, the Law Director, Planning and the applicant offered the option of instituting a development agreement regarding the development of this parcel in the future in an effort to address some of these concerns. The proposed development agreement limits the permitted uses for the property to retail stores; administrative, business and professional offices; and personal and consumer services. Prohibited uses include automobile sales, building materials sales, and sexually oriented business establishments, as well as all conditional uses, except drive through facilities and patios. Additionally, the agreement states that future structures not undertaken by Wendy's require review as a final development plan, using the planned development process by the Planning and Zoning Commission. (The full agreement is attached.) Recommendation Planning recommends City Council approval of Ordinance 63 -12 with the following condition: 1. The City Manager be authorized to sign the development agreement. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement') is executed, delivered and made effective as of this day of 2012, by and between the City of Dublin, an Ohio municipal corporation, with an address of 5200 Emerald Parkway, Dublin, Ohio 43017 (the "City ") and Wendy's International, Inc. whose mailing address is One Dave Thomas Boulevard, Dublin, Ohio 43017 ( "Property Owner ")(collectively referred to as "the Parties "). WITNESSETH A. Property Owner Property Property Owner is the owner of a certain parcel of real property located at 4555 West Dublin- Granville Road,, Dahlia, Ohio 43017. The Property Owner is proposing to construct a Wendy's restaurant on the site. The site is further described in the attached Exhibit A ( "the Property "). B. Development Conditions The City and Property Owner and their future successors and assigns desire to limit the use of the Property with regard to certain use and development issues. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. Commitments Given the sensitive location of the Property, the Parties recognize that special controls need to be placed on the Property for its future use. As a result, the Property Owner and Tenant agree to the following additional restrictions on the Property Owner's use and development of the Property: The Property Owner agrees that the following uses, while permitted in the Community Commercial zoning district, will be not be established on the Property: Permitted Uses Automobile sales (Section 153.028 (A)(1)(c)) Building materials (Section 153.028 (A)(1)(d)) Sexually oriented business establishments (Section 153.028 (A)(4)) All Conditional Uses (Section 153.028 (B)) with the exception of outdoor patios and drive - through window facilities. Although the Property does not lie within a planned district, it is the desire of the Parties to utilize components of the planned development process and for the Property Owner to obtain a final development plan approval for any future structures. As a result, once the Wendy's restaurant is constructed, no new structure shall be erected unless the Property Owner obtains final development plan approval pursuant to Sections 153.053(E) and 153.053(G) of the Dublin Codified Ordinances (as may be amended hereafter from time to time). This restriction does not apply to any modifications to the Wendy's restaurant, so long as the restaurant continues to be operated as a Wendy's franchise. 2. Miscellaneous Provisions (a) Successors and Assigns This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, transferees, and assigns of the parties hereto. (b) Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute a single instrument. (c) Captions The captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. 4196167v1 (d) Severability If any provision of this Agreement or the application of any provision or any circumstance shall be determined to be invalid or unenforceable, then such determination shall not affect any other provision of this Agreement or the application of said provision to any other person or circumstance, all of which other provisions shall remain in full force and effect. (e) Amendments in Writing No change, amendment, termination or attempted waiver of any of the provisions of this Agreement shall be binding upon any party unless in writing and signed by the parties hereto. (f) Covenants Run With the Land It is intended that the covenants, agreements, promises and duties set forth in this Agreement shall be construed as covenants which run with the land. (g) Termination of Liability Upon Transfer If Property Owner should transfer their fee simple interest in and ownership of their Property, then the liability of the transferor for the breach of any covenant or provision contained in this Agreement, occurring after the date of such transfer, shall automatically be terminated only upon City's approved written notice. (h) Venue The Parties hereto hereby consent to the exclusive jurisdiction of the courts of the State of Ohio in Franklin County, and the United States District Court for the Southern District of Ohio, and waive any contention that any such court is an improper venue for enforcement of this Agreement. (i) Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, to be effective as of the date first above written. CITY OF DUBLIN, OHIO: WENDY' S INTERNATIONAL, INC.: By: C Marsha Grigsby, City Manager APPROVED AS TO FORM: City of Dublin Law Director STATE OF OHIO, COUNTY OF FRANKLIN, ss: By: BE IT REMEMBERED, that on this day of 2012, before me, the subscriber, a Notary Public in and for said County, personally came the above named City of Dublin, Ohio, by Marsha Grigsby, its City Manager, and acknowledged the signing of the same to be her voluntary act and deed, and the voluntary act and deed, for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary STATE OF OHIO, COUNTY OF FRANKLIN, ss: BE IT REMEMBERED, that on this day of , 2012, before me, the subscriber, a Notary Public in and for said County, personally come the above named 4196167v1 and acknowledged the signing of the same to be his /her voluntary act and deed for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day and year last aforesaid. Notary Public This Instrument Prepared By: ICE MILLER LLP 250 West Street Columbus, Ohio 43215 4196167v1 Office of the City Manager City of Dublin Pho 614 - 410.4400- Faax:b614 --410 -4490 1090 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager \IkN? Date: October 4, 2012 Initiated By: Steve Langworthy, Director of Land Use and Long Range Planning Re: Ordinance 63 -12 — Rezoning Approximately 1.35 Acres Located on the Southwest Corner of Dale Drive and West Dublin- Granville Road from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District to Facilitate the Development of an approximately 3,800- square -foot Restaurant. (Case 12 -053Z) (The Wendy's Company — Restaurant and Drive - Thru) Summary Ordinance 63 -12 is a request for review and approval of a rezoning for 1.35 acres from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District to facilitate the development of an approximately 3,800- square -foot restaurant. Description The site has frontage on West Dublin- Granville Road and Dale Drive and is the undeveloped outlot in the Shoppes at River Ridge development. The site slopes approximately 10 feet from west to east. An existing stone wall extends along the majority of the site frontage of West Dublin- Granville Road. A partial remnant of a tree row and the recently approved joint identification sign for the Shoppes at River Ridge development are located at the northwest corner, nearest West Dublin- Granville Road. Development Requirements CC, Community Commercial Requirements The intent of the Community Commercial District is to allow development of retail, restaurant, personal service, and office uses. The district permits a wide range of uses related to commercial and retail development. Community Commercial Development Standards Lot Area No minimum lot size Lot Requirements Lot Width No minimum lot width Lot Coverage 70% maximum Distance equal to existing /proposed right -of -way, as Front Setback measured from the centerline of the roadway. Yard 5 feet; unless adjacent to residential or PD then 1 /4 sum Requirements Side Yard of building height and depth, not to exceed 15 feet. 5 feet; unless adjacent to residential or PD then 1 /4 sum Rear Yard of building height and width. Memo re. Ordinance 63 -12 Standard District Rezoning Wendy's Rezoning October 4, 2012 Page 2 of 2 Traffic and Utilities Access has been determined for the site and will be finalized as part of the building permit process. Stormwater for the site is managed through the existing pond located on the Shoppes at River Ridge site. Water and sanitary sewer services are available. Adopted Plans Community Plan The Future Land Use Map designates this site as General Commercial (6,500 — 8,700 SF per acre), which is described as retail and commercial development that is heavily dependent upon the automobile with a mix of retail, restaurant and personal services. The proposed rezoning meets the definition of the designation, given its intended use is a restaurant. While the Plan indicates this type of commercial development is outdated, with its reliance on the automobile, the existing shopping center falls under the same development pattern and the intent is to continue the established pattern for the remainder of this site. Bridge Street Corridor The Vision Plan indicates the site as loft /office uses; however, the site was rezoned to BSC Commercial to accommodate the existing uses and extended farther to the east than shown on the Vision Plan. The extension of the BSC Commercial will allow the current development pattern to continue along West Dublin- Granville Road in the same pattern begun by the existing retail center. The proposed rezoning to Community Commercial is necessitated by the applicant's development, which is more consistent with the shopping center than the development style required by the existing zoning. Recommendation of the Planning and Zoning Commission The Planning and Zoning Commission reviewed this application at the September 20, 2012 meeting and recommended disapproval of the rezoning to City Council. The Commission expressed concerns regarding the proposed rezoning from a Bridge Street Corridor District to a Community Commercial Zoning District. Commissioners questioned whether the high quality development standards desired by the City would be upheld should the site be redeveloped by a different user in the future. Overall, most of the Commissioners expressed support to either rezone the site to a Planned District or to grant waivers to the Bridge Street Corridor District requirements. Recommendation Planning recommends City Council approval of Ordinance 63 -12 at the second reading /public hearing on October 22, 2012. As Council is aware, special voting rules are applicable to situations in which the Planning and Zoning Commission recommends the disapproval of a rezoning. Under Section 4.09(c)(2) of the Revised Charter, an affirmative vote of at least five Council Members is necessary to adopt a rezoning when the Planning and Zoning Commission has recommended against approval. City of Dublin 1 &Ono ry Land Use and Rez g wendys. Dale Drive I esburant Fi Long Range Planning Dale DMeM Dublin Ganvwe Road ]p0 000 4 CM Land Use and Long Range Planning 5800 Skier -PuLA Rood DWAM Olno 43016 -'236 Ph.. e! TDD 614. 410.4600 FCnc- 614-4 1 "747 Web Sile: v .dubin oh in February 2009 PLANNING AND ZONING COMMISSION APPLICATION (Code Section 153.232) I. PLEASE CHECK THE TYPE OF APPLICATION: ❑ Informal Review ❑ Final Plat (Section 152.085) ❑ Concept Plan Q Conditional Use (Section 153.056(A)(1)) (Section 153.236) ❑ Preliminary Development Plan J Rezoning ❑ Corridor Development District (CDD) (Section 153.053) (Section 153.115) ❑ Final Development Plan (Section 153.053(E)) ❑ Amended Final Development Plan (Section 153.053(E)) 0 Standard District Rezoning (Section 153.018) ❑ Preliminary Plat (Section 152.015) ❑ Corridor Development District (CDD) Sign (Section 153.115) ❑ Minor Subdivision ❑ Right -of -Way Encroachment ❑ Other (Please Specify): Please utilize the applicable Supplemental Application Requirements sheet for additional submittal requirements that will need to accompany this application form. ll. PROPERTY INFORMATION: This section must be completed. Property Address(es): portion of 4305 - 4335 W. Dublin Granville Rd., Dublin, Ohio Tax ID /Parcel Number(s)-, portion of 273 -008269 Parcel Size(s) (Acres): 1.355 acres Existing Land Use /Development: vacant land IF APPLICABLE, PLEASE COMPLETE THE FOLLOWING: Proposed Land Use /Development: Wendy "s Restaurant Total acres affected by application: 1,355 acres III. CURRENT PROPER OWNER(S): Please attach additional shoots if Name (Individual or organization): MR/TSARR Owner LLC /1 ' - Drs Mf..f"�.jJi OrilPt� l4 L JCSr Mailing Address 1691 Michigan Ave., Suite 215 {Street City, State.., Zip Code) Miami Beach, FL 33139 Daytime Telephone: 305 -531 -2426 Fax: 305 - 531 -2428 Email or Alternate Contact Information: jcomer @mastcapital.Com R Page 1 of 3 la - 66R d t� AUG 2 cop Lj TYOFDUBLIN CI PLANNING IV. APPLICANT(S): This is the person(s) who is submitting the application if different than the property owner(s) listed in part III. Please complete if applicable. Name: The Wendy's Company Applicant is also property owner: yes ❑ no ID Organization (Owner, Developer, Contractor, etc.): applicant has a contract to purchase the property Mailing Address: One Dave Thomas Boulevard, Dublin, Ohio 43017 (Street, City, State, Zip Code) Daytime Telephone: 614 764 - 3412 Fax: 614 - 764 Email or Alternate Contact Information: dennis.hill @wendys.com V. REPRESENTATIVE(S) OF APPLICANT / PROPERTY OWNER: This is the person(s) who is submitting the application on behalf of the applicant listed in part IV or property owner listed in part III. Please complete if applicable. Name: Dennis Hill - Vice President, Real Estate Organization (Owner, Developer, Contractor, etc.): employee of The Wendy's Company Mailing Address: same as applicant (Street, City, State, Zip Code) Daytime Telephone. same Email or Alternate Contact Information: same Fax: Same VI. AUTHORIZATION FOR OWNER'S APPLICANT or REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. 1 By 'MC./TS^ RA, MM tZC r itf -%¢+%a ­3 i­%ew+b¢r . eb" 5 T°•+'a^ C-AKA r !s ,:se - °� �.►# tiw C the owner, hereby authorize Denni H ill with The Wendy's Company to act as my applicant or representative(s) In all matters pertaining to the processing and approval of this application, Including modifying the project. I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner: &MIO Q Check this box if the Authorization for s A plicant or Representative(s) is attached as a separate document Subscribed and sworn before me this W )" I day of August 20 12 State of Florida 00 State of F +onda arkewich County of Miami -Dade Notary Public '� ion EE080956 °/2015 VII. AUTHORIZATION TO VISIT THE PROPERTY: Sit e visits to the property by City representatives are essential to process this application. The Owner /Applicant, as noted below, hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. 1 Dennis Hill 0 , the owner or authorized representative, hereby authorize City representatives to visit, photograph and post a notice on the property described in this application. Signature of applicant or authorized representative: Date Page 2 of 3 RECEIVED /4- U53 - zJc ,�_ F1 1 AUG 13 201 ..OPr CITY OF DUBLIN PLANNING D � IV. APPLICANT(S): This is the person(s) who is submitting the application if different than the property owner(s) listed in part III. Please complete if applicable. Name: The Wendy's Company PP p party owner: yes ❑ no Applicant is also property '❑ Organization (Owner, Developer, Contractor, etc.): applicant has a contract to purchase the property Mailing Address: One Dave Thomas Boulevard, Dublin, Ohio 43017 (Street, City, State, Zip Code) Daytime Telephone: 614 - 764 - 3412 Fax: 614 - 764 - 6737 Email or Alternate Contact Information: dennis.hill @wendys.com V. REPRESENTATIVE(S) OF APPLICANT / PROPERTY OWNER This is the person(s) who is submitting the application on behalf of the applicant listed in part IV or property owner listed in part III. Please complete if applicable. Name: Dennis Hill - Vice President, Real Estate Organization (Owner, Developer, Contractor, etc.): employee of The Wendy's Company Mailing Address: same as applicant (Street, City, State, Zip Code) Daytime Telephone: same Fax: same Email or Alternate Contact Information: same VI. AUTHORIZATION FOR OWNER'S APPLICANT or REPRESENTATIVE(S): If the applicant is not the property owner, this section must be completed and notarized. the owner, hereby authorize Dennis Hill with The Wendy's Company to act as my applicant or representative(s) in all matters pertaining to the processing and approval of this application, including modifying the project I agree to be bound by all representations and agreements made by the designated representative. Signature of Current Property Owner: Date: W Check this box if the Authorization for Owner's Applicant or Representative(s) is attached as a separate document Subscribed and sworn before me this day of State of County of Notary Public ,20 VII. AUTHORIZATION TO VISIT THE PROPERTY: Site visits to the property by City representatives are essential to process this application. The Owner /Applicant, as noted below, hereby authorizes City representatives to visit, photograph and post a notice on the property described in this application. 1 Dennis Hill 0 , the owner or authorized representative, hereby authorize City representatives to visit, photograph and post a notice on the property described in this application. Signature of applicant or authorized representative: 0 46, 1 e yi��'t.[J. .JCS n c ��lD a t e: $ / / 3 / f Page 2 of 3 !!: COPY CM F I I Q D .1� r) ,F^� VIII. UTILITY DISCLAIMER: The Owner /Applicant acknowledges the approval of this request for review 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 water and sewer facilities when needed by said Owner /Applicant I Dennis Hill the owner or authorized representative, acknowledge that approval of this request does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer facilities when needed by said Owner /Applicant Signature of applicant or authorized representative: 0& , Date: g 1 13 11 Z IX. APPLICANT'S AFFIDAVIT This section must be completed and notarized I Dennis Hill the owner or authorized representative, have read and understand the contents of this application. The information contained in this application, attached exhibits and other information submitted is complete and in all respects true and correct, to the best of my knowledge and belief. Signature of applicant or authorized representative: -491 0ati .;& Date. 3 / 13 / I Subscribed and sworn to before me this ji day of , 20 . State of 4 County of �. Notary Public ROBIN P. ZIELINSKI Notary Pubfic, State of Ohio My Commilift F.xires May 11, 2014 FOR OFFICE USE ONLY Amount Received: 4N Application No: �Z'�f,3}r P &Z Date(s): t1 P&ZAction: Receipt No: �� (�.. Map Zone: y Date Received: $ I a /Z Received By: Q� O City Council (First Reading): City Council (Second Reading): City Council Action: Ordinance Number: Type of Request: N &E, W (Circle) Side of: W e4- V?_ O w W11 4 N, y 1 _ ebircle) Side of Nearest Intersection: �� I ' 4 .Vv Distance from Nearest Intersection: t o — l � .1 � Existing Zoning District: S/ Requested Zoning District: �v l n RE��3 �/ aL Page 3 of 3 P /� C opy CITY OF DUBLIN Zoning Request: New Wendy's Restaurant, SWC of SR 161 and Dale Dr. The Wendy "s Company is proposing to construct a new Flagship restaurant at the southwest corner of Dublin — Granville Road (SR 161) and Dale Drive, across the street from our new world headquarters. The investment in this new restaurant will complement the more than $17 million in renovations underway on our current campus, including the construction of a new 75,000 square foot facility. We are proud to add more than 210 employees in 2012 who will work in Dublin. Since 1977, a Wendy's restaurant has served Dublin customers at Riverside Drive and Dublin- Granville Road. The City of Dublin has made us aware of future plans to build a rotary at this intersection, which would require the acquisition of a substantial portion of our property and cause the restaurant operation to cease. Due to the uncertainty of the timing of the rotary project and our need to provide a Flagship restaurant now, we have contracted to purchase a parcel of land at the main entrance to Shoppes at River Ridge. This restaurant, built with an all -new design, will become the Flagship for our worldwide system. We want to showcase our tremendous pride in returning to our Dublin home. It will be a beacon, a special destination, for all company employees and franchisees who visit our headquarters. We regularly host meetings with franchisees, employees, bankers, investors, media and other VIPs from all over the world, and we will be proud to take them to breakfast, lunch and dinner at this beautiful new Wendy's. This Flagship restaurant will include a community room filled with artifacts and mementos from our 42 -year history, as well as items from our wonderful history in Dublin. Our customers will enjoy seeing the Olympic torch Dave Thomas carried through the streets of Dublin in 1996, Wendy's first Pick Up Window menu - board, nostalgic newsprint tables and Tiffany -style lamps of the 1970's — all of these items will bring a bit of history to this beautiful new, contemporary building. In addition to providing a Flagship restaurant adjacent to our World Headquarters, the new location at Shoppes at River Ridge will provide a much needed "anchor" to this retail center. We support the new owner's efforts to rejuvenate the center, and believe our participation will greatly enhance their efforts. Rezoning: We are requesting the property be rezoned from Bridge Street Commercial to Community Commercial to accommodate the relocation of an existing use to adjacent property. Wendy's restaurant is being relocated to accommodate the City's future road improvements at the intersection of Riverside Drive and SR 161. Conditional Use: We are requesting permission for a drive- through Pick Up Window. This Pick Up Window is simply a replacement for the Wendy's Pick Up Window located on adjacent property. No additional Pick Up Windows will be created in the City as a result of this request. We respectfully request your consideration of approvals for our proposed new Flagship restaurant, and look forward to answering any questions about this exciting project. RECEIVED �I COPY AUG 13 2012 CITY OF DUBLIN P1 ANNING Legal Description Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of Quarter Township 3, Township 2, Range 19, United States Mllltory Lands, and contalning 1.355 acres of /and, more or les4 and being all out of that 14.040 acre tract of land conveyed to MR/rSARR OWNER LLC, of record In Instrument Number 201112230168234 (al/ references used in this description refer to the records of the Recorder's Office, Franklin County, Ohlo), sold 1.355 acre tract being more particularly described as follows: Beglnning, for reference, at a 1 Inch rebar In a monument box found at the centerline intersection of State Route 161 (Dublin— Gran011e Road) and Dale Drive, also being In the northerly line of that 2.519 acre tract of /and (Parcel 4WV) conveyed to the City of Dublin, of record in Instrument Number 199911150285244, Thence with the centerline of sold State Route 161, also with the northerly line of sold City of Dublin Parcel 4WV. North 86 41'19" Wes4 a distance of 303.98 feet to the northwesterly comer of said City of Dublin Parcel 4WV, also being the northeasterly comer of that 237 acre tract of /and conveyed to Wendy's International, Inc., of record In Deed Book 3443, Page 321; Thence with the easterly line of said 2.37 acre Wendy's International tract, also with the westerly line of said City of Dublin Parcel 4W1; South 378'41" West, a distance of 40.00 feet to a 3/ Inch Iron pipe capped "EMHT" found at a southwesterly comer of said City of Dublin Parcel 4WV,, also being a northwesterly comer of said 14.040 acre MR17SARR OWNER LLC tract, and being the true point of beglnning of the hereln described 1.355 acre tract, Thence with northerly lines of sold 14.040 acre MR/rSARR OWNER LLC tract, also with southerly lines of sold City of Dublin Parcel 4W1, the following four (4) courses. 1) South 86'41'19' East, a distance of 24.94 feet to a 3 /4 Inch Iron p/pe capped "EMHT" found, 2)South 7623 East, a distance of 111.80 feet to a J/4 inch iron pipe capped "EMHT" found, 3)South 8641'19" East, a distance of 114.04 feet to a 3 14 Inch Iron pipe capped "EMHT" found; 4)Along the arc of a curve to the right having a radius of 25.00 feet, a central angle of 90ti0'00 , an arc length of 39.27 feet, and the chord of which bears South 4141'19" East, a chord distance of 35.36 feet to a 3 /4 Inch iron pipe capped "EMHT" found in the westerly Ilse of said Dale Drive; Thence with a westerly line of said Dale Drive, also with a westerly line of said City of Dublin Parcel 4WV, also with an easterly line of sold 14.040 acre MR/'TSARR OWNER LLC tract, and continuing with a new dlvlslon line, across and through sold 14.040 acre MR17SARR OWNER LLC tract, South 37841" West; passing over a southwesterly comer of sold City of Dublin Parcel 4WV at 175.00 feet, a total distance of 185.13 feet to an Iron pipe set; Thence with a new dlNslon fine, across and through said 14.040 acre MR11SARR OWNER LLC tract, North 86 41'19" West, a distance of 273.97 feet to a Iron pipe set In a westerly fine of sold 14.040 acre MR17SARR OWNER LLC tract, also being In the easterly fine of the aforesaid 2.37 acre Wendys International tract; Thence with a westerly line of sold 14.040 acre MR17SARR OWNER LLC tract, also with the easterly line of sold 2.37 acre Wendy's International tract, North 378'41" East, a distance of 230.13 feet to the point of beglnning, and containing 1.355 acres of /and, more or less, all of which is out of Audits s Parcel Number 273 - 008269. Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established. FILE Mr BasJs of Bearings: The centerline of State Route 161 (Dublin— Granvi 0 Road) was assigned a bearing of North 8641'19" West, as described In Instrument Number 201112230168234, Franklin County Recorder's Offlce. Al/ Iron pipes set are J/4 Inch Inside d/ameter by 30 Inches In length with an orange RECEIVED plastic cap marked "Geo— Graphics". /. Z) - C - 63 --,: X— /C The above description was written by Kevin Beechy, Ohio Professional Surveyor No. AUG 13 2012 7891 of Geo Graphics, Inc., and Is based on an actual survey of the premises performed In March 2012. CITY OF DUBLIN PLANNING CLARENCE E MINGO II FRANKLIN CO TV AUDITOR MAP ID: S D ATE: 7/10/12 PARKI V .ham 7 �-J uc �� rrq �r r r PAt16CiNG • r C? D L f'i~7FR� l PARKING■ PVK[ q Luc r � �� � 2 P4Ri�NG ■ r to t ru ' 3 � � . r '' • .� r .;} t2attYl[ �� � ,a,p � tr 8 {� R� 0 r � �. \�.- -� G Wgn� 26.J � 2 �trcc n ■ t to t7 to RKI { . Wd i _ p ♦ 4 Fes' �// � N - }lam" r 'L ,v.•G� _ YOS 9 - r Disclaimer _ Scale--2891 Grid This map is prepared for the real property inventory within this county. It is compiled from recorded deeds, North survey plats, and other public records and data. Users of this map are notified that the public primary information sources should be consulted for verification of the information contained on this map. The county and the mapping companies assume no legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any discrepancies. RECEIVED Real / GIS Department AUG �13�2 12 FILE COPYCITY OF DUBLIN PLANNING &RASK- 1.32 PARKIG M G • `f �trcc n ■ t to t7 to RKI { . Wd i _ p ♦ 4 Fes' �// � N - }lam" r 'L ,v.•G� _ YOS 9 - r Disclaimer _ Scale--2891 Grid This map is prepared for the real property inventory within this county. It is compiled from recorded deeds, North survey plats, and other public records and data. Users of this map are notified that the public primary information sources should be consulted for verification of the information contained on this map. The county and the mapping companies assume no legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any discrepancies. RECEIVED Real / GIS Department AUG �13�2 12 FILE COPYCITY OF DUBLIN PLANNING 4 �y. O +} � I _ __._.. -- "mss• �: ��_. F � R'• / .� Disc:aimer Scale =289' f^ This map is prepared for the real property inventory within this county. It is compiled from recorded deeds, Grid survey plats, and other public records and data. Users of this map are notified that the public primary information sources should be consulted for verification of the information contained on this map. The county and the mapping companies assume no legal responsibilities for the information contained on this map. Please notify the Franklin County GIS Division of any discrepancies. RECEIVED Real Estate GIS Department "uu I It 1 FILE COPR e �/ GI.L C F DUBLIN PLANNING 0 CLARENCE E MINGO II FRANKLIN COUNTY AUDITOR MAP ID: S DAT E: 7/10/12 O _ —` ... • tf2�•.vad^'." � • P �; 0 1 ®i�'�O —_�_ o � ins o � . R ! � �r • ■ � • DU i� ��IN DHI4tl.i � 1 41 } ,• O a• 1Y� q O t t r R —Av r lu k E Y � O O c � 7 O s ci a cq Q d O O OIO O O In fM4 `Zc� O ! ■\ —tea., ■ o .� p ■_ t r� 1 s a _ Zit" ? CLARENCE E. MINGO II FRANKLIN COUNTY AUDITOR Report of parcels touching irregular area 273 - 000000 Owner: Address: Mail To: 273 - 008264 * Owner: WENDYS INTERNATIONAL INC Address: 6480 RIVERSIDE DR Mail To: WENDYS INTERNATIONAL INC : ATTN TAX DEPT : 1155 PERIMETER CENTER W : ATLANTA, GA 30338 273 - 008267 * Owner: HITESMAN PATRICK W Address: 6350 RIVERSIDE DR Mail To: THE ARLINGTON BANK : 2130 TREMONT CTR : COLUMBUS, OH 43221 273 - 008269 * Owner: MR /TSARR OWNER LLC Address: 4305 -335W DUBLIN GRANVILLE RD Mail To: MR /TSARR OWNER LLC : 1691 MICHIGAN AVE STE 21S : MIAMI BEACH FL 33139 273 - 008326 * Owner: RIVERS EDGE ONE Address: 6375 RIVERSIDE DR Mail To: RIVERS EDGE ONE : C/O CAPITAL PROPERTY : 2200 W 5TH AVE : COLUMBUS OH 43215 273- 008357 * Owner: MRW INVESTMENTS LLC Address: 6365 RIVERSIDE DR Mail To: MRW INVESTMENTS LLC : 6365 RIVERSIDE DR : DUBLIN OH 43017 273 - 008801 * Owner: GRIFFITH DONN W & GAYLE P Address: MARTIN PL Mail To: DONN W GRIFFITH : GAYLE P GRIFFITH : 6465 MARTIN PL : DUBLIN OH 43017 VAL49 MMPC07 Page 1 DATE : JUL 10, 2012 FILE COPY RECEIVED A JG 13 20 CITY OF DUBLIN PLANNING r CLARENCE E- MINGO II FRANKLIN COUNTY AUDITOR Report of parcels touching irregular area 273 - 008856 * Owner: 6490 RIVERSIDE DRIVE LLC Address. 6490 RIVERSIDE DR Mail To: 6490 RIVERSIDE DRIVE LLC : 2135 DANA AVE STE 200 : CINCINNATI OH 45207 273 - 008858 * Owner: 6490 RIVERSIDE DRIVE LLC Address: RIVERSIDE DR Mail To: 6490 RIVERSIDE DRIVE LLC : 2135 DANA AVE STE 200 : CINCINNATI OH 45207 273- 008860 * Owner: HARRISBURG PIKE DEVELOPMENT co Address: 4300 W DUBLIN GRANVILLE RD Mail TO: DALE PROPERTY CO : 6755 SAWMILL RD : DUBLIN OH 43017 DATE : JUL 10, 2012 273 - 008868 Owner: BRUESHABER LARRY J & ELIZABETH C CONNELLY PARTNERSHIP #1 Address: 4340 DALE DR Mail To: LARRY 13RUESHABER : ELIZABETH C CONNELLY : 7454 LAKE PARK DR : WEST CHESTER 273 - 008907 * Owner: IACONO FAMILY L P Address 4271 -285W DUBLIN GRANVILLE RD Mail To: IACONO FAMILY L P : 1350 W LANE AVE : COLUMBUS OH 43221 273- 008913 * Owner: WOODS VIRGINIA L Address: 81 BLAKEFORD DR Mail To: BAC TAX SERVICES CORP : TX- 975 -02 -01 : 2375 N GLENVILLE DR : RICHARDSON, TX 75082 273 - 008914 * Owner: LOMBARDI MONDO F & CO Address: 00085 BLAKEFORD DR Mail To: MONDO F LOMBARDI & CO : 6055 SPRINGBURN DR : DUBLIN, OH 43017 VAL49 MMPC07 Page 2 2:7 3 - 00v$S'9 .i osep�t Reo.14y LLC 2 S u '. + a 2.% FIB RECEIVED AUG 13 201Z CITY OF DUBLIN PLANNING CLARENCE E. MINGO II FRANKLIN COUNTY AUDITOR Report of parcels touching irregular area DATE : JUL 10, 2012 273 - 008915 * Owner: LOMBARDI MONDO F & CO Address: 89 BLAKEFORD DR Mail To: MONDO F LOMBARDI & CO 6055 SPRINGBURN DR : DUBLIN, OH 43017 273 - 008916 * Owner: LOMBARDI MONDO F & CO Address: 93 BLAKEFORD DR Mail To: MONDO F LOMBARDI & CO : 6055 SPRINGBURN DR : DUBLIN, OH 43017 273-008917 * Owner: LOMBARDI MONDO F & CO Address: 97 BLAKEFORD DR Mail To: MONDO F LOMBARDI & CO : 6055 SPRINGBURN DR : DUBLIN, OH 43017 273 - 008918 * Owner: LOMBARDI MONDO F & CO Address: 101 BLAKEFORD DR Mail To: MONDO F LOMBARDI & CO : 6055 SPRINGBURN DR : DUBLIN, OH 43017 273- 008919 * Owner: LOMBARDI JOHN D Address: 115 BLAKEFORD DR Mail To: JOHN D LOMBARDI : 6055 SPRINGBURN DR : DUBLIN OH 43017 273 - 008920 Owner: LOMBARDI EDITH L TR LOMBARDI ROBERT A TR Address: 119 BLAKEFORD DR Mail To: EDITH L LOMBARDI TR ROBERT A LOMBARDI : 6055 SPRINGBURN DR : DUBLIN OH 4301 273 - 008921 Owner: LOMBARDI EDITH L TR LOMBARDI ROBERT A TR Address: 123 BLAKEFORD DR Mail To: EDITH L LOMBARDI TR : ROBERT A LOMBARDI TR : 6055 SPRINGBURN DR : DUBLIN OH 4 VAL49 MMPC07 Page 3 RECEIVED AUG 1 3 2012 FILE Comy CITY OF DUBLIN PLANNING CLARENCE E. MINGO II FRANKLIN COUNTY AUDITOR Report of parcels touching irregular area DATE : JUL 10, 2012 273 - 008922 Owner: LOMBARDI EDITH L TR LOMBARDI ROBERT A TR Address: 127 BLAKEFORD RD Mail To: EDITH L LOMBARDI TR ROBERT A LOMBARDI TR 6055 SPRINGBURN DR DUBLIN OH 4 273 - 008970 * Owner: RIVERS EDGE ONE Address: 6371 -375 RIVERSIDE DR Mail To: RIVERS EDGE ONE : C/0 CPS : 2200 W FIFTH AVE : COLUMBUS OH 43215 273 - 009134 * Owner: RIVERPARK GROUP LLC Address: 6400 RIVERSIDE DR Mail To: RIVERPARK GROUP LLC : 6400 RIVERSIDE DR STE B1 : DUBLIN OH 43017 273 - 009135 * Owner: RIVERPARK GROUP LLC Address: 6400 RIVERSIDE DR Mail To: RIVERPARK GROUP LLC : 6400 RIVERSIDE DR STE B1 : DUBLIN OH 43017 273 - 009136 * Owner: RIVERPARK GROUP LLC Address: 6400 RIVERSIDE DR Mail To: RIVERPARK GROUP LLC : 6400 RIVERSIDE DR STE B1 : DUBLIN OH 43017 273 - 009137 * Owner: RIVERPARK GROUP LLC Address: 6400 RIVERSIDE DR Mail To: RIVERPARK GROUP LLC : 6400 RIVERSIDE DR STE B1 : DUBLIN OH 43017 273- 009138 * Owner: RIVERPARK GROUP LLC Address: 6400 RIVERSIDE DR Mail To: RIVERPARK GROUP LLC : 6400 RIVERSIDE DR STE B1 : DUBLIN OH 43017 VAL49_MMPC07 Page 4 RECEIVED j,� -vo6 AUG 13 2011 CITY Y OF DUBLIN R COPY PLANNING City of Dublin DRAFT Land Use and Long Range Planning 5800 Shier Rings Road Dublin, Ohio 43016 -1236 PLANNING AND ZONING COMMISSION phone 614.410.4600 fax 614.410.4747 RECORD OF ACTION www.dublinohiousa.gov SEPTEMBER 20, 2012 The Planning and Zoning Commission took the following action at this meeting: 2. The Wendy's Company —Restaurant 12 -053Z West Dublin- Granville Road Standard District Rezoning Proposal: To rezone a site located at the southwest corner of West Dublin- Granville Road and Dale Drive from BSC -C, BSC Commercial District, to CC, Community Commercial District. Request: Review and approval of a standard district rezoning under the provisions of Zoning Code Section 153.234 and a conditional use application under the provisions of Zoning Code Section 153.236. Applicant: Dennis Hill, Vice President. Planning Contact: Jennifer M. Rauch, AICP, Planner II. Contact Information: (614) 410- 4690,jrauch @dublin.oh.us MOTION: To recommend disapproval to City Council of this rezoning. RESULT: Disapproval of this standard district rezoning was recommended to City Council. RECORDED VOTES: Chris Amorose Groomes Yes Richard Taylor Yes Warren Fishman Yes Amy Kramb Yes John Hardt Yes Joseph Budde No Victoria Newell Yes STAFF CERTIFICATION Jennifer M. Rauch, AICP Planner II Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 1 of 6 DRAFT 2. The Wendy's Company —Restaurant 12 -O53Z West Dublin- Granville Road Standard District Rezoning Chris Amorose Groomes introduced this request to rezone a site located at the southwest corner of West Dublin- Granville Road and Dale Drive from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District. She said the Commission will make a recommendation for this application to City Council. Jennifer Rauch presented this request to rezone to a standard district for The Wendy's Company. She said the 1.3 -acre site is the current undeveloped outparcel of the Shoppes at River Ridge development with frontage along West Dublin- Granville Road and Dale Drive. She said the existing Wendy's restaurant is located at the southeast corner of West Dublin- Granville Road and Riverside Drive. She said the vacant site has future access connections to Dale Drive and to the existing parking lot for Montgomery Inn located to the south. Ms. Rauch said the applicant intends to construct a new restaurant building with a drive -thru and patio, which will require the applicant to return to the Planning and Zoning Commission for review and approval should the site be rezoned to Community Commercial District. Ms. Rauch said Planning reviewed the proposed rezoning based on Dublin's adopted plans, which includes the Community Plan's Future Land Use Map designation and area plan. She stated the Future Land Use Map designates the site as General Commercial, which is described as retail and commercial development that is heavily dependent upon the automobile. She said this proposal is compatible with the existing shopping center and the surrounding commercial uses. She said Planning also referred to the Sawmill Road /161 Area Plan included in the Community Plan, which shows the site with the currently configured shopping center development with proposed site with a freestanding building. She said the proposal is consistent with the Area Plan. Ms. Rauch said lastly, Planning reviewed the Vision Plan for the Bridge Street Corridor, in which this site is shown as Office and Loft, but as the Bridge Street Code and Zoning Map was approved the site was designated as Commercial. She said the commercial zoning designation was approved to allow this and other similar sites to operate and develop with the existing development patterns within this area. Ms. Rauch said based on this analysis, Planning finds the application meets the review criteria for these three plans, and recommends the Planning and Zoning Commission make a recommendation of approval to City Council. Dennis Hill, The Wendy's Company, One Dave Thomas Boulevard, Dublin, Ohio said they agreed with Planning's recommendation. Ms. Amorose Groomes invited public comment regarding this case. [There was none.] Warren Fishman asked for the acreage of the current Wendy's restaurant site at Riverside Drive and West Dublin- Granville Road. Ms. Rauch estimated the site to be over 1.5 acres. Mr. Fishman expressed concern that there was enough land for proposed site to accommodate drive -thru stacking on the site and not cause back up on Dale Drive. Mr. Hill said typically, a Wendy's restaurant is located on land that is 30,000- square -feet to one acre. He said this proposed site is larger, but part of the 1.3 -acres is sloped leaving less than an acre available to be developed. He said they have established shared parking with the shopping center. He said the building sits in the middle of the property and there will be room to stack 12 vehicles from the pickup window to the end of dedicated drive aisle. Mr. Fishman confirmed the proposed site is larger than Wendy's typical site. Mr. Hill said that was correct. Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 2 of 6 DRAFT Victoria Newell asked how the other Commissioners felt about immediately rezoning this parcel out of the Bridge Street Corridor and back to the previous zoning district. She said it seemed like they could do this development within the current requirements. She said she had apprehension about it. Amy Kramb said she agreed with Wendy's locating on this site, but she was not okay with the requested rezoning. She said expressed concerns that every single parcel in the Bridge Street Corridor will want to be rezoned out of the Bridge Street District. She said if this rezoning is allowed, she did not know how the Commission could disapprove the next applicant requesting a rezoning within of the District. Jennifer Readier explained it was unfamiliar for the Commission to consider a standard district rezoning, but cautioned the Commission that they were reviewing this particular parcel and application and explained it was very difficult to set precedent when talking about land use matters. She said she wanted to make sure their conversation is about this parcel rezoning. She said she understood their concerns regarding subsequent rezonings filed, but those proposals would be examined independently. Ms. Readier said the recommendation made by the Commission regarding this proposal did would bind them to approve subsequent rezonings. Ms. Kramb said she read the list of waivers the Commission would have to approve for this proposal and she said she felt more justified in permitting the necessary waivers within the Bridge Street District given its location on the edge of this commercial district. She questioned how she would say no to Dublin Village Center is they ever presented a rezoning proposal, because the site is also on the edge of the district. Ms. Kramb said she had trouble comparing it to the existing Community Plan while we are in the process of updating the Community Plan to show the Sawmill Area Plan in the Bridge Street Corridor. She reiterated she had no problem with Wendy's locating on this site, but with the process being used. Ms. Amorose Groomes asked if Ms. Kramb's concern was primarily the process of how to rezone the property while they maintain the integrity of the Commission. Ms. Kramb agreed. She said the Commission spent the last two years developing the Bridge Street Corridor and the first proposal before them is rezoning it out of the District. She said that did not give the Commission anything to stand on for the rest of the property owners on the east side of the River. John Hardt made it clear that he welcomed Wendy's to this site. He said the Shoppes at River Ridge shopping center is a new development and when it was planned, this pad site was created with the idea that there was going to be a freestanding building there. He said he saw this as a completion of the development, and in the overall context of the City and community he had no hesitation about the proposal. He said he did have concerns about how they get there. He said when he looked at rezoning this site and the long term implications on this site, he thought if they were to grant this, they would be doing a couple of things. He said they would be opening the site for future owners to a long list of standard district uses, some of which are not in line with the Community Plan. He said also, a future owner would be able to redevelop this site or repurpose a building with only the most cursory of administrative reviews and not have to comply with any of the standards or have to come to the Commission for approval. He said that was where his discomfort was. He said he would be happy to look at what Wendy's is trying to do in context of the Bridge Street Code and try to figure out how to work within that framework to make it happen. Mr. Hardt said if he could see what it would look like, he might be willing to talk about a rezoning to a PUD, where the Bridge Street Code is still the underlying foundation of the PUD. He said there are some modifications needed to allow Wendy's to do what they are proposing, but he felt a rezoning to standard district of Community Commercial had long term implications that he was not comfortable with doing. Richard Taylor said he was in favor of Wendy's on this site. He said however, how they got there was the issue. He said he thought there were at least two other options that should be explored and would be preferable by him than rezoning. Mr. Taylor said one option would be to stay within the Bridge Street Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 3 of 6 DRAFT Code and look at the waivers. He said the second option would be a PUD. He said his preference was to stay with the existing Bridge Street Corridor Code, however if it went to a PUD he was sure they could make that work. He said the Planning Report reviewed the project in terms of the proposed zoning and not in terms of the Bridge Street Corridor Code. Mr. Taylor said he appreciated the memo attached outlining how the proposal would be reviewed under the Bridge Street Code. He said he thought most of the Commissioners agreed it was a difficult site and approving the necessary waivers might be entirely appropriate even if there is a large number to approve. Mr. Taylor said that also, he thought if this were to be presented under the Bridge Street Corridor Code and looked at in terms of the waivers, the Commission would get a second look at the sign issue that was approved at the Board of Zoning Appeals. He said he thought the signs approved by the Board were very generous in terms of the number, size, height, and location for this site. He said he would like the Commission to have an opportunity to review them again. Mr. Taylor said he was in favor of the use and the building, but not of the underlying zoning. Ms. Amorose Groomes said she thought it was unfortunate that the Commission was where they were. She said they have pleaded to have the conversation about how the Commission is going to handle this exact issue of approving waivers versus rezoning for a particular parcel. She said the Commission has been given no opportunity to have that discussion with City Council and give their input and thoughts. She said she was very sympathetic to Wendy's in that they have to endure this. She wanted to apologize to them because this was exactly what the Commission did not want to do and they had said it publically and privately for three months. Ms. Amorose Groomes said the Commission does not have good answers for the applicant. Ms. Amorose Groomes said she agreed with her fellow Commissioners to go back to standard zoning district was not ideal on this site. She said because they have not had the discussion with City Council she was more inclined to use a PUD than approve a list of waivers. She said she probably could be convinced otherwise if the Commission had a compelling conversation about what they were going to do which they have failed to do. Ms. Amorose Groomes said the support is certainly for Wendy's to be on this particular property and have the exact restaurant they were looking for, but the problem is with the rezoning. She said the rezoning problem really had little to do with the applicant and more to do with a policy decision. She said the Commission could vote on the rezoning if the applicant wished or it could be tabled and all of the requirements for notification and those sorts of things could be waived so that they can return quickly. Ms. Amorose Groomes said she did not know if the Commission could recommend approval tonight. Ms. Readier said they would have to adhere to stringent notice requirements for the rezoning application, but they were willing to work with the applicant to modify resubmission timelines. Ms. Amorose Groomes asked how soon the applicant would be able to come back to the Commission. Steve Langworthy said if it was for a PUD, it would be a while because they would have to create a development text and work more on the development of detailed site plans. He said it would be in the applicant's hands and he would not expect to see them back before December. Mr. Fishman asked when they could come back to the Commission for the waivers. Mr. Langworthy said they would go through the Administrative Review Team. He said the application would be required to go through the Basic Plan Review first and then a Site Plan. He said the Site Plan would be reviewed by the Administrative Review Team, and then any waivers would be recommended Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 4 of 6 DRAFT and then reviewed by the Commission. He said depending when all the information is submitted and what the waivers would be, it would probably be seen by the Commission in December. Mr. Langworthy confirmed for Mr. Fishman that approved waivers would only apply to this building and site. Mr. Taylor pointed out this rezoning as proposed would go onto City Council after the Commission made a recommendation, but waivers could be dealt with by the Commission without going to City Council afterwards. He said potentially, a month could be gained. Mr. Langworthy said the problem was getting the plans to the point where it can be determined how they comply to the Bridge Street Code and what waivers would be needed. He said not enough detailed plans were submitted to know that at this time. Mr. Hardt asked if plans were available for this prototype restaurant or was it still being developed. Mr. Hill said it was a version of a prototype restaurant they called it a flagship restaurant since it was across the street from headquarters. Ms. Amorose Groomes asked what was the goal for having a shovel in the ground. Mr. Hill said contractually, they needed to have approval by the end of this year, but would probably not put a shovel in the ground until spring. He reminded everyone the use was already there and that Wendy's had been operating at the corner for 35 years. He said the use on the corner would go away and it was going to move to this adjoining property. Mr. Hill said they had not talked about that topic yet. Ms. Amorose Groomes explained the reason it had not been talked about that extensively she believed was that everyone on the Commission was in favor of the use. Mr. Hill said another reason they were not going on the corner was because they were cooperating with the City on the roundabout construction. He said the City approached Wendy's to acquire the property. He said they would rather stay on the corner of two intersections. Mr. Hill said it was a better piece of real estate, but they were willing cooperate with the City. He said that was also something that had not been addressed. Mr. Hill asked that waivers be explained to him. Ms. Amorose Groomes explained the Bridge Street Corridor Development Code has specific development requirements and should these requirements not be met, a process for waivers was available to gain relief. She said those requirements are not really conducive to drive -thru, fast food restaurants, but this site is a very unusual site, but the Commission could potentially find a way to be supportive of proposed waivers. She said the Commission has a problem with this site being rezoned back to a standard zoning district because in 50 years, when Wendy's no longer wanted to be there the Community Commercial District requirements are less stringent and may have negative long term affects on this site. Ms. Amorose Groomes said they want the Wendy's to be able to use the property how they choose for as long as they own it and if whatever point in time Wendy's chooses not to occupy or own that property, the Commission would like it to brought back to the Bridge Street Corridor districts. Mr. Hill said he understood what Ms. Amorose Groomes was saying, but he was not sure he agreed with it. He said the entire Shoppes at River Ridge development was under the old zoning classification. He said the type of development Wendy's is proposing to create is going to be conducive to the old zoning classification and everything that is currently around the site. He said he thought the request was reasonable. Mr. Hill said they were here tonight, because they tried to cooperate with the City. He said he thought the best thing to do was to ask the Commission to act upon the request for rezoning. Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 5 of 6 DRAFT Ms. Readier clarified the zoning of The Shoppes at River Ridge site was CC, Community Commercial, but there was a CDD, Corridor Development District overlay in place, so the shopping center were reviewed under the CDD which had more design review than now with the CDD eliminated from the Code. Mr. Langworthy said regarding the waivers versus the rezoning, he said he did not want the possibility of rezoning out of the Bridge Street Corridor, but during the Development Code process it was determined to be an important consideration to have in case there were situations like this. He said he was most concerned about the waiver process, because they did have specific criteria for the process and unless they held close to those criteria, other applicants will point out the criteria was overlooked for another applicant and not them. He said he did not believe in precedent setting in zoning either because every case was individual, but he would have more concern about finger pointing on a waiver process, particularly as extensive as would be required for this site. Ms. Amorose Groomes asked why Planning recommended the applicant come for this standard district rezoning. Mr. Langworthy explained Planning felt the proposal was consistent with the development pattern for the existing shopping center and the an expeditious way to get the rest of the development completed for the Shoppes at River Ridge site. Ms. Amorose Groomes asked if Planning did not have concern for this parcel of property for the balance of eternity. Mr. Langworthy said he was not concerned about the zoning in the long term, because when he thought of 50 years in the future, he thought of what was in place 50 years ago and how many zone changes or ordinances there were then. He said zoning changes tend to be much faster than the Community Plan changes, and the Community Plan shows this site as commercial. He said even if another restaurant came in they would have to come back to the Commission for another review if they rearranged their conditional use for a patio and drive -thru. Warren Fishman asked if the site was purchased from Wendy's in 20 years with a standard district zoning, why the owner would be motivated to change the zoning to something else. Mr. Langworthy said the two things that are of objection are the drive -thru and patio use because that is what causes the conditional use. He said the restaurant itself is a permitted use under any circumstance. He said there were uses in the Commercial distircts that are not going to go away with the current Code amendment. He said this is probably the most impracticable use that we have because of the drive -thru in particular. Mr. Fishman said he understood once you go to a standard district there are a number of uses also permitted. He said if he bought the property from Wendy's in 20 years, he certainly would not want to change the zoning to a PUD. Ms. Readier said in the spirit of exhausting every possible option, there would be the option if the main concern is that the current user is completely acceptable but it is a possibility of redevelopment in the future. She said what has been done a couple of times in the past for a standard zoning district was to enter into a development agreement between the City and the developer restricting the future use of the property. She said if the applicant and the City agreed, then any future users would agree to come back and have whatever future use go through the process designated by the City. She said another option was they could ask for a deed restriction on the property so it is limited to the current use, even though it is in a standard district. She said both options would require complete cooperation of the applicant. She Dublin Planning and Zoning Commission September 6, 2012 — Meeting Minutes Page 6 of 6 DRAFT said they could not be forced to do it. Ms. Readier said that City Council would have to execute that agreement. Ms. Kramb said understanding the issue with the waivers; she thought a PUD would be the best. Mr. Taylor recalled the first drafts of the Bridge Street Corridor Code very specifically said you could not zone yourself out of the Bridge Street Corridor and the discussion why it was included. He said he agreed either a PUD or waivers would be appropriate in this instance. He suggested Mr. Hill reconsider his decision to have the Commission vote tonight, because if it did not go the way he wanted, he had no options after that. He said the Commission's concern is the future. He said they are expecting in 40 years this area to be fully built out and look like the vision that City Council passed with the Bridge Street Corridor. Mr. Taylor explained the Waiver section was written as an exception to the Bridge Street Corridor Development Code that allows specific deviations from the Code. He said it might take time to determine the necessary waivers, but he thought almost every Commissioner agreed that as long as the zoning is what was submitted they probably could be pushed through to get this done. Mr. Taylor urged Mr. Hill to consider a tabling of this application instead of requesting a vote. Mr. Hardt said if the applicant decided to pursue the waiver option, the Commission would handle them and he thought there was nothing else that they had to do. He said the 30 -day period that they would have spent getting the rezoning through City Council would no longer be part of the equation. Joe Budde asked if the Commission voted against the recommendation to rezone, does that recommendation still go forward to City Council. Ms. Readier said yes, but it would require a super majority vote by City Council to overturn any recommendation of disapproval by the Commission. Mr. Hill had confirmed he had no interest in tabling of this application. Motion and Vote Mr. Taylor moved to recommend disapproval to City Council of this rezoning. Ms. Kramb seconded the motion. Ms. Amorose Groomes clarified a 'Yes'vote on the motion was for disapproval. The vote was as follows: Ms. Amorose Groomes, yes; Mr. Fishman, yes; Mr. Hardt, yes; Mr. Budde, no, Ms. Newell, yes; Ms. Kramb, yes; and Mr. Taylor, yes. (Disapproved 6 — 1.) Ctivich ublin Planning and Sprung Commisslm Land Use and Range Planni .a "= 5800 Shier arge Planning Report Dublin, Chl. 43016 September 20, 2012 phone 614 410 400 1. 614410 4747 saw, .ai .sea The Wendy's Company - Restaurant Case Summary Agenda Item 2 Case Number 12 053Z Pnovel Rezoning for a 135 acre site eom BSC{ Braga Street Conlaor Commercial DistrlR he CC, Community Commercial DistrlR Request Standard District Rezoning Review and approval of a sbndand district rezoning Under the provisions of Zoning Code Section 153214. Sit Location 4555 west Dublin Granville Road The site Is at the soud west corner of the intersection of west Dublin Granville Road and Dale Drive. Applicant Dennis HOl, The wendys Company Case Manager Jennifer M. Rauch, AIM, Planner 111 Shave Lang WOrmy, DireMr. ConbR Intrmadon (514) 410 -0590 J jautlaCdumm on us (514) 410 -06531 elangworcbyCdumm on us Planning Rec mmendaLion 6nnurs,al of ma Planning recommends He Planning and Zoning Commission make a recommendation of approval to City Council of this rezoning as it complies wM adophaa plans and polities, and meet the Development Standards ofH He proposed zoning district. aN of Dublin I Planning and son ni Commission Thursday, September 20, e 20121 Page i of i ON d 4ublm A Lana use end N hung Lug Ran ge Plenvrt� Dale O Dubli City of Dublin I Planning and Zoning Commission Case 12 -053ZI The Wendy's Company Thursday, September 20, 2012 1 Page 3 of 6 Facts Site Area 1.35 acres Zoning BSC-C, Bridge Street Corridor Commercial District Surrounding Zoning and Surrounding Zoning: BSC Commercial District Uses Surrounding Uses: South /East - Shoppes at River Ridge shopping center North — Auto dealerships West — Existinq Wendy's Restaurant • Street frontage: West Dublin- Granville Road - 250 feet; Dale Drive - 185 feet • Vacant site, outlot of the Shoppes at River Ridge shopping center. • Site rests on a plateau from Dale Drive and West Dublin Granville Road. Grade changes range from approximately 15 feet at the west end of the site on West Dublin- Granville Road to approximately 5 feet at the Dale Drive/ West Dublin Granville Road intersection. • A stone wall extends along the majority of the site frontage of West Dublin - Granville Road. • A partial remnant of a tree row and the recently approved joint identification sign for the Shoppes at River Ridge development are located at the northwest corner, nearest West Dublin- Granville Road. Case Background August, 2012 Variances were granted by the Board of Zoning Appeals to permit a combination of both wall and ground signs, exceed the maximum height requirement of the Code, and exceed the maximum size permitted for logos. The Board also approved variances to minimum size and number of parking spaces required by Code. March, 2010 Rezoned by City Council from CC, Community Commercial to BSC Commercial District after recommendation from the Planning and Zoning Commission on February 2, 2010. March, 2005 Corridor Development District and conditional use approved by the Planning and Zoning Commission for 34,254 square feet of retail and restaurant use (Shoppes at River Ridge). Details Standard District Rezoning Plan Overview The proposal includes the rezoning of 1.35 -acres from BSC -C, Bridge Street Corridor Commercial District to CC, Community Commercial District. The applicant intends to construct a new restaurant complementing the Wendy's corporate campus. (Conditional use approvals for the patio and drive - through will be req uired, but is not eart of this application. April, 2005 Parking variance approved by the Board of Zoning Appeals reducing the number of required parking spaces for the shopping center from 1,008 to 677. City of Dublin I Planning and Zoning Commission Case 12 -053ZI The Wendy's Company Thursday, September 20, 2012 1 Page 4 of 6 Details Standard District Rezoning Uses and Development FThe intent of the Community Commercial District is to allow development of Requirements retail, restaurant, personal service, and office uses. The district permits a wide range of uses related to commercial and retail development. Community Commercial Development Standards Lot Area No minimum lot size Lot Lot Width No minimum lot width Requirements Lot Coverage 70% maximum Front Distance equal to existing /proposed right -of- Setback way, as measured from the centerline of the roadway. 5 feet; unless adjacent to residential or PD Yard Requirements Side Yard then 1 /4 sum of building height and depth, not to exceed 15 feet. Rear Yard 5 feet; unless adjacent to residential or PD then 1 /4 sum of building height and width. Community Plan The Future Land Use Map designates this site as General Commercial (6,500 — 8,700 SFper acre). The Plan describes this land use classification as retail and commercial development that is heavily dependent upon the automobile with a mix of retail, restaurant and personal services. The proposed rezoning meets the definition of the designation given its intended use is a restaurant. The plan also states this. While the Plan indicates this type of commercial development is outdated, with its reliance on the automobile, the existing shopping center falls under the same development pattern and the intent is to continue the established pattern for the remainder of this site. This site is part of the Sawmill /SR 161 Area Plan. The main goal of which was to develop a coordinated mix of office, retail and mixed residential uses while establishing a stronger sense of place and central focus. The Area Plan encourages development that facilitates pedestrian movement between uses and enhances the approach to Historic Dublin from the east. The Plan retains the existing retail center and a freestanding building on the proposed site. The existing retail center was developed under the Community Commercial District. The intent of the future development of this site included a patio and connections to the public way and surrounding development. (The details of these improvements will be on the site plan submitted with the conditional use application for the site's patio and drive - through window.) City of Dublin I Planning and Zoning Commission Case 12 -053ZI The Wendy's Company Thursday, September 20, 2012 1 Page 5 of 6 Details Standard District Rezoning Bridge Street Vision The Vision Plan indicates the site as loft /office uses; however, the site was Plan rezoned to BSC Commercial to accommodate the existing uses and extended farther to the east than shown on the Vision Plan. The extension of the BSC Commercial will allow the current development pattern to continue along West Dublin- Granville Road in the same pattern begun by the existing retail center. The proposed rezoning to Community Commercial is necessitated by the applicant's development which is more consistent with the shopping center than the development style required by the existing zoning. (For reference, a separate memo is included outlining an assessment of the requirements for the site to meet the current zoning.) Traffic and Utilities Access has been determined for the site and will be finalized as part of the building permit process. Stormwater for the site is managed through the existing pond located on the Shoppes at River Ridge site. Water and sanitary sewer serv ices are availab Analysis Standard District Rezonin] Process The Planning and Zoning Commission is to determine whether the proposed rezoning will generally conform to the Dublin Community Plan and other applicable area plans, integrate in an appropriate and compatible manner with surrounding land uses, and generally adhere to other accepted planning policies and practices. After recommendation by the Planning and Zoning Commission, the rezoning application will be forwarded to City Council for public hearing and final vote. 1) Evaluation based on the Future Land Use designation 2) Evaluation based on Area Plan Future Land Use: The Future Land Use Map designates this site as General Commercial (6,500 — 8,700 SF per acre). The Plan describes this land use classification as retail and commercial development that is heavily dependent upon the automobile with a mix of retail, restaurant and personal services. Future Land Use met The proposed rezoning meets the definition of the Future Land Use map designation of General Commercial and is compatible with the existing, automobile oriented retail center development. Area Plan: This site is part of the SawmiO /SR 161 Area Plan within the Community Plan. The main goal of this area plan is to develop a coordinated mix of office, retail and mixed residential uses while establishing a stronger sense of place and central focus. The Area Plan should facilitate pedestrian movement between uses and enhance the approach to Historic Dublin from the east. Area Plan met The Plan graphic indicates the retention of the existing retail center and a freestanding building on the proposed site. The existing retail center was developed under the Community Commercial District, the same district requested by the applicant for this site. City of Dublin I Planning and Zoning Commission Case 12 -053ZI The Wendy's Company Thursday, September 20, 2012 1 Page 6 of 6 Analysis Standard District Rezoning) 3) Evaluation based on The Vision Plan indicates the site as loft /office uses; however, the site waa Vision Plan rezoned to BSC Commercial to accommodate the existing uses and extended farther to the east than shown on the Vision Plan. Vision Plan met The BSC Commercial zoning placed on this site was done to permit the current development pattern to continue along West Dublin- Granville Road in the same pattern begun by the existing retail center. This zoning altered the basic intent of the Vision Plan to create an office corridor along West Dublin Granville Road. Accordingly, this change in zoning is not inconsistent with the intent of the zoning currently in place w ith resp to alter intent of the Vision Plan Recommendation Approval Standard District Rezoning Planning recommends the Planning and Zoning Commission make a recommendation of approval of the proposal as it complies with adopted plans City of Dublin 1 &Ono ry Land Use and Rez g wendys. Dale Drive I esburant Fi Long Range Planning Dale DMeM Dublin Ganvwe Road ]p0 000 Existing Site Conditions t Page 1 of 9 Dublin, Ohio Code of Ordinances § 153.028 COMMUNITY COMMERCIAL DISTRICT. (A) Permitted use. The following uses shall be permitted in the Community Commercial District: (1) Retail stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods, including the buying or processing of goods for resale. (a) General merchandise. 5251 Hardware stores 531 Department stores 532 Mail order houses 533 Limited price variety stores 539 Miscellaneous general merchandise stores (b) Food. 541 Grocery stores 542 Meat and fish (sea food) markets 543 Fruit stores and vegetable markets 544 Candy, nut and confectionery stores 545 Dairy products stores 546 Retail bakeries 549 Miscellaneous food stores (c) Automobile sales. 551 Motor vehicle dealers (new and used cars) 552 Motor vehicle dealers (used cars only) 553 Tire, battery and accessory dealers (without installations) 559 Miscellaneous aircraft, marine and automotive dealers (d) Building materials. http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 2 of 9 521 Lumber and other building materials dealers 522 Heating and plumbing equipment dealers 524 Electrical supply stores 525 Hardware and farm equipment (e) Apparel. 561 Men's and boys' clothing and furnishings stores 562 Women's accessory and specialty stores 563 Women's ready -to -wear stores 564 Children's and infants' wear stores 565 Family clothing stores 566 Shoe stores 567 Custom tailors 568 Furriers and fur shops 569 Miscellaneous apparel and accessory stores (f) Home furnishings. 571 Furniture, home furnishings and equipment stores 572 Household appliance stores 573 Radio, television and music stores (g) Food and lodging. Food and lodging includes commercial establishments, and institu- tions engaged in furnishing lodging and meals on a fee basis. 581 Eating and drinking places 7013 Motels 702 Rooming and boarding houses (h) Miscellaneous retail. 591 Drug stores and proprietary stores 592 Liquor stores http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 3 of 9 593 Antique stores and secondhand stores 594 Book and stationery stores 595 Sporting goods stores and bicycle shops 597 Jewelry stores 5992 Florists 5993 Cigar stores and stands 5994 News dealers and news stands 5996 Camera and photographic supply stores 5997 Gift, novelty and souvenir shops 5998 Optical goods stores 5999 Miscellaneous retail stores, not elsewhere classified. (2) Administrative, Business and Professional Offices. Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions. Business offices carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers. Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions. (a) Finance. 602 Commercial and stock savings banks 603 Mutual savings banks 604 Trust companies not engaged in deposit banking 605 Establishments performing functions closely related to banking 612 Savings and loan associations 613 Agricultural credit institutions 614 Personal credit institutions 615 Business credit institutions 616 Loan correspondents and brokers 671 Holding companies http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 4 of 9 672 Investment companies 673 Trusts 679 Miscellaneous investing institutions (b) Insurance carriers. 631 Life insurance 632 Accident and health insurance 633 Fire, marine and casualty insurance 635 Surety insurance 636 Title insurance 639 Insurance carriers not elsewhere classified (c) Insurance agents. 641 Insurance agents, brokers and service (d) Real estate. 651 Real estate operators (except developers) and lessors 653 Agents, brokers and managers 654 Title abstract companies 655 Subdividers and developers 656 Operative builders 661 Combinations of real estate, insurance, loans, law offices (e) Business services. 731 Advertising 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list, and stenographic services 734 Services to dwellings and other buildings 739 Business services not elsewhere classified (f) Repair services. http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 5 of 9 762 Electrical repair shops 763 Watch, clock and jewelry repair 764 Reupholstery and furniture repair 769 Miscellaneous repair shops and related services (g) Professional. 801 Offices of physicians and surgeons 802 Offices of dentists and dental surgeons 803 Offices of osteopathic physicians 804 Offices of chiropractors 807 Medical and dental laboratories 8099 Health and allied services not elsewhere classified 811 Legal services 891 Engineering and architectural services 893 Accounting, auditing and bookkeeping services (3) Personal and consumer services. Personal services generally involving the care of the person or his personal effects. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Personal. 722 Photographic studios, including commercial photography 723 Beauty shops 724 Barber shops 725 Shoe repair shops, shoe shine parlors and hat cleaning shops 726 Funeral service 727 Pressing, alteration and garment repair 729 Miscellaneous personal services (b) Business. http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 6 of 9 731 Advertising 732 Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collecting agencies 733 Duplicating, addressing, blueprinting, photocopying, mailing, mailing list and stenographic services 735 News syndicates 736 Private employment 739 Business services not elsewhere classified (except 7391 - research, development and testing laboratories (see 1159.02(c)(1)) (c) Fitness and recreational sports centers. Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums In addition to all other applicable development standards, the facility providing fitness and recreational sports shall be limited to less than 15,000 square feet of gross floor area. (d) Pet care (except veterinary and kennel) services. Pet grooming services Pet sitting services Pet training services The facility providing pet care services shall not include an outdoor recreation area and shall not be located less than 500 feet from any residential district or use. In reviewing the conditional use request, the Planning and Zoning Commission may reduce the minimum distance from any residential district or use. (4) Sexually oriented business establishment. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude /semi -nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. (a) In addition to all other applicable development standards, no person shall operate, locate, or permit the location of a sexually oriented business establishment within 750 feet (as measured from http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 7 of 9 property line to property line) of any residential use or district, school, preschool, daycare, place of worship, park, library, federal, state, county, township or city building, cemetery, or other civic use or public use (within the City of Dublin or other municipality). (b) No person shall operate, locate, or permit the location of a sexually oriented business within 750 feet (as measured from property line to property line) of another sexually oriented business establishment. (Ord. 72 -99, passed 7- 19 -99; Am. Ord. 68 -99, passed 9 -5 -00) (B) Conditional use. The following uses shall be allowed in the Community Commercial District, subject to approval in accordance with § 153.236. (1) Auto - oriented commercial facilities or outdoor service facilities. Auto - oriented service facilities or outdoor service facility developed independently or in association with a permitted use. (2) Residential. Living quarters as an integral part of a permitted use structure. (3) Consumer services. Consumer services generally involving the care and maintenance of tangible property or the provision of intangible services for personal consumption. (a) Arts and Recreation. (theater) including: 7831 Motion picture theaters 7911 Dance halls, studios and schools 7921 Theatrical producers, except motion pictures, bands, orchestras and entertainers 7931 Bowling, billiards and pool 7944 Swimming pools 7945 Skating rinks Fitness and recreational sports centers of 15,000 square feet or more of gross floor area, Physical fitness centers Exercise centers Health club facilities Recreational sports club facilities Gymnasiums (b) Educational http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 8 of 9 Day care facilities Tutoring services Mechanical or electrically operated amusement devices as defined in § 112.15 may be operated in connection with the recreation uses listed herein subject to the provisions of §§ 112.15 et seq. (c) Automotive. 751 Automotive rentals, without drivers (4) Offices of veterinarians and animal hospitals. 0722 Offices of veterinarians and animal hospitals (5) Large format retail. Any retail or wholesale use of 20,000 square feet or more of gross floor area. (6) Wireless communications facilities as conditional uses in all applicable districts. (7) Park and rides. An off - street parking facility, publicly owned and operated, designed or intended to provide peripheral collection and parking of vehicles to accommodate commuter traffic into or out of the community, including a maximum of one structure per use, such as bus passenger shelters, terminals and transfer stations. Any such structure may not exceed 50 square feet for bus shelters and 500 square feet for terminals and transfer stations. In addition to all other applicable development standards, the following standards shall also apply to park and ride terminals and transfer stations: (a) The design and architecture of shelter, terminals and transfer stations must be harmonious with the architectural character of surrounding areas. (C) Development standards. In addition to the provisions of §§ 153.070 through 153.076, the following standards for arrangement and development of land and buildings are required in the Community Commercial District. (1) Intensity of use. No minimum lot size is required; however, lot size shall be adequate to provide the yard space required by these development standards and the following provisions: (2) Lot width. No minimum lot width is required; however, all lots shall abut a street and have adequate width to provide the yard space required by these development standards. (3) Side yard. Aside yard shall be required adjacent to a residential zoning district or planned residential zoning district as listed in § 153.016. These required side yards shall be not less than one- fourth the sum of the height and depth of the building, but in no case shall be less than 15 feet. (4) Rear yard. A rear yard shall be required adjacent to a residential zoning district or a planned residential zoning district as listed in § 153.016. These required rear yards shall be not less than one -fourth the sum of the height and width of the building, except when adjacent to a dedicated alley of not less than 20 feet. A use to be serviced from the rear shall have a service court, alleyway or combination thereof not less than 40 feet wide. http://www.amlegal.com/alpscripts/get-content.aspx 9/7/2012 Page 9 of 9 ('80 Code, §§ 1163.01- 1163.03) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 112 -95, passed 2- 19 -97; Am. Ord. 147 -97, passed 12- 15 -97; Am. Ord. 88 -98, passed 11 -2 -98; Am. Ord. 68 -99, passed 9 -5 -00; Am. Ord. 57 -07, passed 9 -4 -07; Am. Ord. 96 -07, passed 1- 22 -08; Am. Ord. 74 -08, passed 4- 20 -09) Penalty, see § 153.999 Disclaimer: This Code of Ordinances and /or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll -free at 800 -445 -5588. © 2011 American Legal Publishing Corporation tech support(d),amleoal.com 1.800.445.5588. http:/ /www.amlegal.com /alpscripts /get- content.aspx 9/7 ✓2012' For complete Wendy's history, please go to: www.dublin.oh.us Land Use and Long Range Planning City of Dublin 5800 • F ax: 614- 410 -4747 Memo , OH 43016 To: Members of Dublin Planning and Zoning Commission From: Steve Langworthy, Director of Land Use and Long Range Planning Date: September 20, 2012 Initiated By: Dan Phillabaum, AICP, ASLA, Senior Planner; Jennifer Rauch, AICP, Planner II Re: Wendy's Restaurant — Bridge Street Corridor Development Code Analysis Background Planning has been working with the Wendy's staff for some time regarding their site in the Shoppes at River Ridge. Some preliminary plans were provided for an initial zoning analysis. This list is not complete as it was based only on the preliminary site plan and building elevations provided for the Board of Zoning Appeals variance. Accordingly, the following is a preliminary list of potential waivers to the Bridge Street District zoning requirements if the proposal were to proceed under the Bridge Street Corridor Commercial zoning classification. Plan Overview The proposed site plan includes a one -story, freestanding restaurant building located in the center of the site. The proposed plans indicate a patio located along the West Dublin- Granville Road frontage and a drive -thru located along the rear elevation facing the existing Montgomery Inn building. The stacking for the proposed drive -thru would wrap around the building. Access is provided from Dale Drive and through an internal connection from the parking area serving Montgomery Inn. Parking is proposed around the perimeter of the site. Required Waivers 5153.059 Uses The proposed drive -thru is an Accessory Use to the proposed Eating and Drinking Establishment and requires Conditional Use approval by the Planning and Zoning Commission. Drive -thrus have several use - specific development standards that must be met. A waiver would be required for vehicular stacking areas and associated service locations located on the side of a building facing West Dublin- Granville Road, which is a principal frontage street. Vehicular stacking is indicated around the north side of building, between the principal structure and West Dublin- Granville Road. 5153.062 Building Types The proposed restaurant would be a Commercial Center building type, which has specific requirements for street frontage, parking area, building height, building entrances, etc. The following requirements are not met and would require waivers: Street Frontage 1. The principal structure does not occupy the required 45% front property line. 2. The proposed building is setback 80 feet from the West Dublin- Granville Road and 60 feet from the Dale Drive property lines and does not meet the Front and Corner Side Required Building Zone of 5 -25 feet for Commercial Center buildings. 3. A principal structure, a street wall or permitted open space type does not occupy the corner of the site. 4. The Required Building Zone requires landscape, patio, or streetscape for any portions not occupied by principal structure, which is not provided with the proposal. Parking Location & Loading Parking is not permitted forward of the principal structure unless the front property line coverage and the Required Building Zone treatment are met. If these two requirements are not met, parking is required to be located in side or rear yards only. The proposed plans do not adhere to these requirements and the parking is shown forward of the principal structure. Bui lding Entrances The proposed building only indicates three of the four required building entrances required and does not include the required building entrance along Dale Drive. Transparency To meet transparency requirements, Commercial Center buildings are required use highly transparent, low reflective glass windows with a minimum 60% visible light transmittance. It cannot be determined whether the proposal meets this requirement. A waiver would be required should it not meet the transparency requirements. Ground Story Street Facade Transparency The proposal elevations indicate 38% transparency along West Dublin- Granville Road, and 58% transparency along Dale Drive, where a minimum of 65% transparency is required at the ground story along a street facing fagade. Parking Lot Ground Story Minimum transparency required along the parking lot of non - street facing fagade is difficult to determine as this requirement is based on the building being sited per Code. As proposed, all facades are face a parking lot; however, if this building maintained its orientation and were pushed to the northeast to meet the Corner Occupancy and RBZ requirements, the rear and drive -thru elevations would face a parking lot. Neither of these elevations meet the 50% storefront transparency required between 2 and 8 feet facing a parking lot. The transparency on the rear elevation is less than 1% and on the drive -thru elevation is 9 %. General Transparency Minimum transparency requirements of 15 percent are not met on rear elevation (less than 1 %) and drive -thru elevation (9 %). Blank Wall Not more than 30 percent of each building fagade is permitted to be a blank or windowless wall, and no horizontal distance greater than 15 feet per story shall be black or windowless. The red ACM wall located on the rear elevation exceeds the 15 feet horizontal distance. Facade Materials The proposal primary materials shown comprise 42% of Dale Drive elevation, 24% of drive thru elevation, 12% of Rear elevation, and 46% of SR 161 elevation, where 80% of each elevation must contain primary materials (Glass, Brick, Stone). 2 U53.065 Site Development Standards Parking 1. The proposed plans indicated parking within the Required Building Zone, which is an area that is only allowed to be occupied by a principal structure. 2. The proposed plans indicate 41 parking spaces, where 47 spaces are required. 3. The five required bicycle spaces are not depicted. 4. Drive aisles are depicted at 28 feet wide, where the maximum drive aisle width is 12 feet for one - way traffic. 5. The proposed parking spaces dimensions of 9 feet by 20 feet do not meet the required dimension for 30 degree angle parking spaces of 9 feet by 21 feet. Signs The wall and ground signs as proposed exceed the permitted area and height. The proposed secondary wall signs are not permitted and the proposed directory signs exceed the permitted area. A master sign plan would need to be approved to permit the proposed signs if the site remained within the Bridge Street Corridor Commercial District. (A variance was granted to permit the combination of wall and ground signs, height of the wall signs, and the logo area, which was contingent upon approval of the rezoning application to Community Commercial.) Landscaping and Lighting There is not enough information regarding landscaping and exterior lighting to provide a detailed analysis at this time. 3 IN— GRAN ; VILLE ROAD (R N86 303.9& �`r�NaCe� 3i 'f varies) — — — Ex P/atar __ EXISTING STONE WALL TO REMAIN --� �24 1 RMIIE"LOCUST SEED 304 SF GT I I I / 5g 1 / 1 I / � W� 9 Setb _ o A5 ' � I V I f y � I SOD —�� l VIII I I ' 9 6 I,I I � I � o �I� al 11 III! H 2 . II SA 5 / 720 I III VIII 2 SA 80 7 1 _ I a a I / I I 1 II IIIIIr � Qua 350 SF I I r I 1 MS 4 —�s a 5pr Ex Snam — °. E174.04' EXISTING TAXUS —� HEDGE TO REMAIN I GT 1 I 203.2 SF N < 2, CE 8 of 12" 229 24'E =82291 1 SEE — Ex San 2' MAPLE, — Ex _1I Ex _an I y I I I I I I I A � W Q v Ez Water 0.009 Acre Sewer Ease III No. 1998111502E aiele \ I —0.018 Acre Sldewa /k E lnstr. No. 2006062601 J � 1 &"Acre L / 050414 \ - Exx 3\ \_� — Ex San —° n — LANDSCAPE CODE REQUIREMENTS PERIMETER BUFFER - ADJACENT ARTERIAL STREET: 1 TREE SHALL BE PLANTED FOR EACH 30 LF (GROUP A OR B) PLUS CONTINUOUS 6' HEIGHT PLANTING, HEDGE, WALL, FENCE OR EARTH MOUND. DUBLIN - GRANVILLE ROAD: 274 LF / 30 LF — 9.1 REQUIRED: 10 PROVIDED: 10 (EXISTING TREES) EXISTING ±3' HIGH STONEWALL AND ±6' -10' GRADE CHANGE PROVIDED 1 TREE SHALL BE PLANTED FOR EACH 40 LF (GROUP A OR B) PLUS CONTINUOUS 3.5' HEIGHT PLANTING, HEDGE, WALL, FENCE OR EARTH MOUND. DALE DRIVE: 179 LF / 40 LF = 4.5 REQUIRED: 5 PROVIDED: 5 (INCLUDING 2 EXISTING TREES) 1 TREE SHALL BE PLANTED FOR EACH 40 LF (GROUP A, B, OR C) PLUS CONTINUOUS 3.5' HEIGHT PLANTING, HEDGE, WALL, FENCE OR EARTH MOUND. SOUTH: 158 LF / 40 LF = 4 REQUIRED: 4 PROVIDED: 4 INTERIOR LANDSCAPING FOR VUA: 23,696 SF PARKING LOT / 100 SF X 5 SF = 1,184 REQUIRED: 1,185 SF PROVIDED: 1,779 SF 1 TREE FOR EVERY 5,000 SF (GROUP A OR B) 23,696 SF PARKING LOT + 3,888 SF BUILDING = 27,584 SF 27,584 SF / 5,000 — 5.5 REQUIRED: 6 PROVIDED: 6 ADDITIONAL LANDSCAPING: 2% OF BUILDING GROUND COVERAGE SHALL BE LANDSCAPED AREAS. 3,888 SF X 2% = 78 SF LANDSCAPED AREA REQUIRED STREET TREES: THE MINIMUM SPACING BETWEEN THIS AND OTHER TREES SHALL BE 40' FOR LARGE TREES, 30' FOR MEDIUM TREES AND 20' FOR SMALL TREES. THE MAXIMUM SPACING BETWEEN TREES SHALL BE 45' FOR LARGE TREES, 35' FOR MEDIUM TREES, AND 25' FOR SMALL TREES. LANDSCAPE DATA SITE AREA 59,034.69 SF (1355 ACRES) REQUIRED GREEN SPACE: NONE SPECIFIED EXISTING GREEN SPACE: 87.2% (51,449 SF) PROPOSED GREEN SPACE: 48.5% (28,616 SF) LEGEND - EXISTING NUMBER OF ERSFROMTHI VERIFI ON THE IF NSHAL GOVER PLANTING SCHEDULE IF PLAN TOTAL DIFFERS. FROM THIS. SCHEDULE, THE PLAN SHALL GOVERN. BOTANICAL NAME SIZE EXISTING TREE TO BE REMOVED SYMBOL KEY QTY. COMMON NAME CONDITION COMMENTS — PROP. TREE PROTECTION FENCING ACER RUBRUM 'OCTOBER GLORY' & CLEAR TRUNK AR 5 OCTOBER GLORY RED MAPLE 2" CAL B &B GLEDITSIA TRIACANTHOS'SKYLINE' & CLEAR TRUNK GT 6 SKYLINE HONEYLOCUST 2" CAL B &B a MS 4 SPRING 'S W C SNOW' SPRING SNOW CRABAPPLE 5' -6' HT B &B TAXUS X MEDIA'DENSIFORMIS' TM 58 DENSE YEW 24" -30" HT CONT DENSE, FULL TO GROUND JUNIPERUS CHINENSIS'SEA GREEN' JC 36 SEA GREEN JUNIPER 24" -30" HT CONT DENSE FULL TO GROUND m JUNIPERUS HORIZ.'WILTONI' lam/ JH 5 BLUE RUG JUNIPER 18" SPR CONT DENSELY BRANCHED HYDRANGEA QUERCIFOLIA Q HQ 6 OAKLEAF HYDRANGEA 24" -30" HT B &B DENSELY BRANCHED VIBURNUM CARLESII (D VC 5 KOREAN SPICE VIBURNUM 24 " -30" HT B &B DENSELY BRANCHED ROSA'RADTKO' Q RR 10 RED DOUBLE KNOCKOUT ROSE 18" HT CONT DENSELY BRANCHED CALAMAGROSTIS X'KARL FOERSTER' ® CK 7 KARL FOERSTER REED GRASS 24" -30" HT CONT FULL CLUMP O PENNISETUM A.'HAMELN' " PA 16 DWARF FOUNTAIN GRASS 15 -18" HT CONT FULL CLUMP + + + HEMEROCALLIS'HAPPY RETURNS' + + + HE 82 HAPPY RETURNS DAYLILY 12" HT /SPR CONT 3 FANS MIN. YELLOW BLOOMS, 2' O.C. SEASONAL ANNUALS SA 850 POTS SELECTION BY OWNER S REP. 2 -4" POT FROM FLAT SPACED 6" O.C. SOD LOCALLY AVAILABLE BLUEGRASS /FESCUE BLEND SEED LOCALLY AVAILABLE BLUEGRASS /FESCUE BLEND MUL SHREDDED HARDWOOD MULCH APPLIED AT 2" TO 3" DEPTH. CHANGE MUST BE APPROVED BY OWNER'S REPRESENTATIVE LEGEND - EXISTING 0 EXISTING TREE TO REMAIN x EXISTING TREE TO BE REMOVED ® EXISTING SHRUB TO REMAIN — PROP. TREE PROTECTION FENCING 0 10 20 40 SCALE: 1" = 20.00' 2 F 0 z IN 7007 DISCOVERY BLVD DUBLIN, OH 43017 614.634.7000 T WDPARTNERS.COM sz' w Q _7 DUBLIN GRANVILLE RD DUBLIN, OHIO IN REVISIONS El II DESIGNED BY - CAW DRAWN BY - NBH W CHECKED BY - CAW PROTOTYPE �Q - V STORE NUMBER Cn WD PROJECT NUMBER WENWC1033 Q L 1 File p AcoAwenAwcAwenwc1033_oh_dublin_ de_ augmentation A04- civilAdesigndevAwenwc1033f 101 -00.dwg Saved. 7/25/2012226 PM (wda944) Plotted. 7/25/2012226 PM (wda944)