009-87 Ordinance
~ .....
~ . RECORD OF ORDINANCES
333
National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance NO._______n9.2=~_~_____ P assed_____________ _____________________________________19 __nO' __
WHEREAS, the granting of said variances will alleviate the difficulties
encountered by the Drexel Development Corporation is using said
property as desired;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin,
State of Ohio, 7 of the elected members concurring that:
Section 1. That variance from the provisions for Sections 1189.04(d)
(Lighting), 1189.04(f)(Additional Restrictions), 1189.05(b)(Ground Signs)
and 1189.06(Table of Area, Height and Setback Requirements) of the
Dublin Zoning Code is hereby granted for the property located at the
northwest corner of Tuller Road and Dublin Center Drive.
Section 2. That this ordinance is conditioned upon and shall remain in
effect only for so long as said property is used for the construction of
a 119 square foot ground sign to be used for a theatre in compliance with
the site plan and sign elevation dated November 19, 1986, or for those
uses permitted in a CC, Community Commercial District.
Section 3. That the variances granted by this ordinance shall become
void one (1) year after this ordinance becomes effective by law unless
prior thereto an affirmative act of the applicant has commenced which makes
use of said Council Variance.
Section 4. That this ordinance shall take effect and be in force from
and after the earliest period allowed by law.
Passed this 2nd day of February , 1987.
f1IIk
Mayor - Presiding Officer
Attest:
/) 7~~/L~~
/h'/0V~<J V~,
Clerk of Council I
Sponsor: Planning Department
r hereby certify that copIes of tflis Ordinance/Resolution
were posted in the Village of Dublin in accordance with
Section 731.25 of the Ohio Revised Code.
, ~{Adr4(? ~. t W~
E:lerk at Council
~ . RECORD OF ORDINANCES
337
National Graphics Corp., Cols., O. ..,.. Form No. 2806-A
Ordinance NO.____n~_?~_~_?________ P assed____________ ____ un um_______________ _________19 _____ __
AN ORDINANCE TO GRANT VARIANCES FROM
PROVISIONS OF CHAPTER 1189 OF THE
DUBLIN ZONING CODE REGARDING SIGNAGE.
WHEREAS, the Drexel Development Corporation is requesting a variance from
the provisions of Chapter 1189 of the Dublin Zoning Code to permit the
construction of an off-premise theatre sign to be located at the north-
west corner of Dublin Center Drive and Tuller Road; and
WHEREAS, Section 1189.04(d)(Lighting) prohibits the lighting of the
background for an internally illuminated sign; and
WHEREAS, Section 1189.04(f)(Additional Restrictions) prohibits marquee-
type signs with changeable message; and
WHEREAS, Section 1189.0S(b)(Ground Signs) requires a free-standing sign
to be located on the same property to which it refers; and
WHEREAS, Section 1189.06(Table of Area, Height and Setback Requirements)
prohibits increasing the maximum size of a ground sign from 50 square
feet to 119 square feet; and
WHEREAS, the proposed off-premise sign for AMC Ten Theatres will have a
lighted background on which five movie titles may be displayed in 8-inch
changeable copy and will not exceed 119 square feet in area; and
WHEREAS, the AMC Ten Theatres is being developed as an integral part, both
functionally and architecturally, of a major shopping and entertainment
complex to be located at the Sawmill Road and 1-270 interchange com-
prising 120 acres of property and one million square feet of commercial
construction; and
WHEREAS, the ten-screen theatre building as part of the overall developmen
will contain 41,600 square feet in area, seating for 2,478 patrons,
several other entertainment uses and wi II be situated upon 11.1 acres
at the southeast corner of Tuller Road and Federated Boulevard; and
WHEREAS, the Drexel Development Corporation has presented this concept
consistently in its series of Corridor Development District reviews
before the Dublin Planning and Zoning Commission during the past one
year; and
WHEREAS, the Dublin Planning and Zoning Commission has reviewed the
signage and made its recommendation of approval on December 2, 1986; and
WHEREAS, in conjunction with the theatre, the Dublin Board of Zoning
Appeals has reviewed and approved the Conditional Use application on
November 20, 1986; and
WHEREAS, the Dublin Zoning Code as it relates to signage was written
without consideration for such extraordinary circumstances; and
WHEREAS, said variances will not adversely affect the surrounding property
or surrounding neighborhood; and
WHEREAS, the granting of said variances will not adversely affect the
health or safety of persons residing or working in the vicinity of the
proposed development, be materially detrimental to the public welfare
or injurious to private property or public improvements in the
vicini ty; and
.
. .
MEMORANDUH
TO: Members of Council
FROM: Planning Department
SUBJECT: Theatre Sign at Dublin Village Center
DATE: January 14, 1987
The Drexel Development Corporation is responsible for approximately 92 acres out
of a total of 120 acres, to be developed in the southwest quadrant of the 1-270
interchange with Sawmill Road. The property is zoned CC, Community Commercial
and is to be developed with a major retail and entertainment complex. The complex
has been subjected to an extraordinarily detailed and lengthy Corridor Development
District review in a series of meetings with the Dublin Planning and Zoning
Commission.
One of the known uses from nearly the very outset was the AMC Theatre. At least
one year ago, the theatre developer requested an off-premise sign to display
movie titles. The Planning and Zoning Commission acknowledged the request and
told the developer to integrate it into the site architecturally, compatibly, and
in terms of scale, materials, and function at the time of development. The
developer also was made aware that the sign requested was simply prohibited by
the Dublin Zoning Code. The developer is now ready to build the theatre and has
done as advised. After some negotiation, the Planning and Zoning Commission
recommended approval of the signage on December 2, 1986, and the movie sign is now
forwarded for Council consideration.
The sign as proposed is specifically prohibited by Code because it is off-site and
because it has changeable copy. These prohibitions can only be relieved by Council
action; the Board of Zoning Appeals is not so empowered. It is the opinion of staff
that our sign code was not written to take into consideration appropriate signage
for a commercial complex of 1,000,000 square feet or a ten-screen theatre.
The sign will be visible from the internal street system which is in the process of
being constructed as part of the shopping center improvements. It employs 8-inch
characters and should therefore not be legible from Sawmill Road itself . The
app licant has incorporated virtually all the advice of staff and the Commission.
Staff asserts that the circumstances in this case are substantially different from
any reasonable expectation made in the Code about the type and scale of Dublin's
commercial growth.
Staff feels these conditions warrant approval of the sign. Staff does not lightly
ask for Council's relief from Code prohibitions, nor wi II it in the future.
BMC:fmu