68-93 Ordinance
-"~"'.-
. RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance N 0 .m__6_8~Jl3__m Passed mm _m______ . __19__
,,-. AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF 1.33 ACRES OF
LAND LOCATED ON THE WEST SIDE OF FRANTZ ROAD, APPROXIMATELY
MIDWAY BETWEEN METRO PLACE NORTH AND METRO PLACE SOUTH FROM:
"'4 FROM: PUD, PLANNED UNIT DEVELOPMENT DISTRICT TO: PUD,
PLANNED UNIT DEVELOPMENT DISTRICT
NOW, THEREFORE, BE IT ORDAINED by the Council of the city of
Dublin, state of Ohio, 7 of the elected members
concurring:
section 1. That the following described real estate (see
attached map marked Exhibit "A") situated in the City of
Dublin, State of Ohio, is hereby rezoned to PUD, Planned Unit
Development District, and shall be subject to regulations and
procedures contained in Ordinance No. 21-70 (Chapter Eleven of
the Codified Ordinances) the City of Dublin Zoning Code and
amendments thereto.
section 2. That application, Exhibit "B", including the list
of contiguous and affected property owners, and the
recommendations of the Planning and Zoning Commission, Exhibit
"C", are all incorporated into and made an official part of
this Ordinance and made an official part of this Ordinance and
said real estate shall be developed and used in accordance
".... therewith.
- section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this ~~ day of O~~ , 1993.
~X~
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'v-Attest:
(J~@- ~
Clerk of Council
Sponsor: Planning Division
. . .(ell\e~el\lrijU. were posted in the
ll:es of t!,\S Ord 1111\1. t' C' Revised Code.
i herehy certify that 0:1;', 'tl, Sadlon nUS (;, \;1:! .,.()
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CITY OF DUBLIN PLANNING AND ZONING COMMISSION
AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only
OF THE CITY OF DUBLIN ZONING Application No:
DISTRICT MAP ZM
(Reclassification of Land) Date Filed:
Fee Receipt No.
Received by:
Please type or print information - Use additional sheets as necessary
TO THE HONORABLE PLANNING AND ZONING COMMISSION:
The Applicant G-("G\e..-t-e.(",S '1:e,...e.. c."ec1wVW'
(Have property in contract)
being the owner(s),/lessee(s) of property located within the area proposed for
a. re..+,<.: l \c...e. c..fotlM. sk"p , requests that the following
described land to be placed in the ___r It \)
.
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
1. General Description of Land (describe by one of the following):
a. Lot(s)/Reserve(s) of
,
a recorded plat, with an area of .
b. Beginning at a point along
(street or other)
and being feet in a N SEW
direction from the (specify) of
(Street or other), and thence having a dimension
of from the (specify) of
(street or other), and having an area of
.
G The tract of land containing L 335"' Acres and bounded by:
--F-'C"V\"I'Z.' I.2.N',,,) (specify) on the N Sa;W (Circle)
/'v\ :\!( ~ ~ \ t\Act..'.s (specify) on the& SEW (Circle)
--.:F; ~l 'T1", ~ ,J, T;o.", k- (specify) on the N@.E W (Circle)
Ne.t\c Lev" tt\ !+ CC..-e!~.5 J?-c~/.:tJ- (specify) on the N S E@(Circle)
d. Attached legal description: YES ~ NO
r;::~-'-' .. '-:1
{kG', ", ,,7!~h3 Page 1 of 3
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Ti'Aj,!jj
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Map of Proposed Zoning District Boundaries
Two (2) copies of map accurately drawn to an appropriate scale (to fill a sheet of
not less than 8% x 11 inches and not more than 16 x 20 inches). The map shall be
identified and submitted in addition to the General Description of Land. The map
shall include all land in the proposed change and all land within five hundred (500)
feet beyond the limits of the proposed change.
To be shown on the map - all property lines, street right-of-way, easements and
other information related to the location of the proposed'boundaries and shall be
fully dimensioned.
The map shall show the existing and proposed Zoning District or Special District
boundaries.
List all owners of property within and contiguous to and directly across the street
from such area proposed to be rezoned. The addresses of the owners shall be those
appearing on the County Auditor's current tax list or the Treasurer's mailing list.
NAME ADDRESS
-
See. Prtfc..cLV\'1.1U1\. "t" A
B. ARGUMENTS FOR RECLASSIFICATION OF THE DESCRIBED LAND
1. Proposed Use or Development of the Land: t: S;-e.t bk ~ c."'- * c.t:
a.... \ e. +a..~ l C~-~-'\ e.. + e \" '.s ]:c e.. C\~:t.""" S~r' .
PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL DISTRICTS submission of
three (3) copies of a Development Plan and other documents and two (2)
copies shall be retained as a permanent public record if approved.
For other Zoning Districts, such plans or other exhibits would be helpful
to the review of this application.
Plans and Exhibits submitted S ee.. Attc\c.k Me.~ t S "t"f-~
Plot Plan _____; Building Plan _____; Development Plan _____; Sketch _____;
Photographs ----- ; Other (specify)
2. State briefly how the proposed zoning and development relates to the existing
and probably future land use character of the vicinity.
Se.e. 4tt-t\.G~ ",^-e ~-t b
,
Page 2 of 3 pages
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-: ,
3. Has an application for rezoning of the property been denied by the City
Council within the last two (2) years?
YES
NO V-
If Yes, state the basis of reconsideration
C. AFFIDAVIT
Before completing this application and executing the following affidavit, it is
recommended that this application be discussed with the Building Inspector to
insure completeness and accuracy. Present owner of property:
APPLICANTS'S AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN,
I (we) _fY\CUL(,~ Lev~\',€.-
being duly sworn, ijepose and say that I am/we are the owner(s)/lessee(s) of being
duly sworn, depose and say that I am/we are the owner(s)/lessee(s) of land included
in the application and that the foregoing statement herein contained and attached,
and information or attached exhibits thoroughly to the best of my/our ability present
the arguments in behalf of the application herewith submitted and-that the statements
and attached exhibits above referred to are in all respects true and correct to the
best of my/our knowledge and belief.
~~~.
, (sign ture) ,
G- ('C1. e.:\'n 's "t..~( Cr~o.-.
1S"3'C W. ~"'e {N(..
tArr Ct' I\d, "'1te... I 0 f( 't~J..';)..1
(Hailing address)
l( r'i -:3 d--d- ~
(Phone)
Subscribed and sworn to before me this <;A- ~ l'l"l~
Z I - day of , tiIIRl.
~:)l~,--
(notary Publfsl..-'''';-":H~ J l
"oMl H~i..H'JI:: . OGSOON
Person to be contacted for details, if other than above signatory- NOTARY puaUC-STATE OF OHIO
, "MY COMMISSION EXPIRES 10.2.96
Sa.. ~ 'lS e:Lbc vC
(Name (Address) (Telephone)
\ - - - - - - - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - -..- - -
Do not write below this line)
D. <RECORD OF ACTION
1. Withdrawn Held to
(Date) (Date)
2. P&Z C: Date of Hearing
Approved Disapproved Hodified
3. Citt Council: Date of Hearing
Approved Disapproved Modified
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The applicant/owner hereby acknowledges that approval of (his) (her) (its)
request for G-,.:..d.t:, 'so 'r~x C e....w-. ,e.z.c ,'" V\.s, 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 applicant.
The City of Dublin will make every effort to have these services available
as needed. However, the rapid growth of the City of Dublin and Northwest
Franklin County has stretched the City's capacity to provide these services
to the limi t . As such, the City of Dublin may be unable to make all or part
of said facilities available to the applicant until some future date.
The undersigned hereby acknowledges and understands the foregoing.
7/?-( /q3 .....
-,
Date Signature of Ap authorized
representative
On behalf of:
G-fcU:...{-C!, '.s .Lu:... ( " t"-"'--
Applicant
,
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Property: 425 Metro Place
Parcel #: 273-001313
Owner: School Employees Retirement Board of Ohio
88 East Broad Street
Columbus, Ohio 43215
Tax Address: 1200 Harger Road
Oak Brook, Illinois 60521
Property: North Metro Place
Parcel #: 273-001318
Owner: Metro Center Owners Association Inc.
PCS Realty Inc.
100 East Wilson Bridge Road, suite 100
Worthington, Ohio 43085
Tax Address:
Property: Frantz Road
Parcel #: 273-001319
Owner: Metrocenter Owners Association Inc.
PCS Realty
100 East Wilson Bridge Road, Suite 100
Worthington, Ohio 43085
Tax Address:
Property: 411 North Metro Place
Parcel #: 273-001314
Owner: Mango Investments
P.O. Box 297830
Columbus, Ohio 43229
Tax Address: same as above
Property: Frantz Road
Parcel #: 273-005337
Owner: Mango Investments
P.O. Box 297830
Columbus, Ohio 43229
Tax Address: same as above
Property: 450 South Metro Place
Parcel #: 273-004075
Owner: Arlington Company
4675 Winterset Drive
Columbus, Ohio 43220
Tax Address: same as above
-
.'~- . "._----*.>....,,-_.'-~-~ ~--_. --',-.-,,-- "--,~= ....~~~-",-'.._~'......_~.............'~-"',~
" . A-tta-cilM.elA -t A
(Pc>.1e.. ~
Property: 435 South Metro Place
Parcel #: 273-001312
Owner: Marriott Corporation
Tax Address: 1 Marriott Drive
Washington D.C, 20814
Property: 220-244 Perth Road
Parcel #: 273-001632
Owner: Turkey Run Industries
2549 Tiemont Road
Columbus, Ohio 43221
Tax Address: same as above
Property: 387-413 Caldy Road
Parcel #: 273-001634
Owner: Turkey Run Industries
2549 Tiemont Road
Columbus, Ohio 43221
Tax Address: same as above
Property: 418-424 Caldy Court
Parcel #: 273-001635
Owner: Turkey Run Industries
2549 Tiemont Road
Columbus, Ohio 43221
Tax Address: same as above
Property: 219-225 Perth Drive
Parcel #: 273-001636
Owner: Turkey Run Industries
2549 Tiemont Road
Columbus, Ohio 43221
Tax Address: same as above
.
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1534 WEST LANE AVENUE
UPPER ARLINGTON, OHIO 43221
TO: The Dublin City Council
By way of brief background for those of you unfamiliar with Graeter's,
we are the oldest continuous ice cream maker in the country, founded
in 1870 by Louis and Regina Graeter in Cincinnati.
We continue to make our product today using the original family recipes
and the original manufacturing proce3s. The only difference today is
the use of electricity. We make only two gallons at a time in special
"French Pots" designed and used exclusively by Graeter's. In addition,
we also make our own flavorings for the ice creams as well as the
Sundae toppings, including the chocolates.
We have 12 retail stores in Cincinnati, and three in Columbus (Upper
Arlington, Bexley, and Worthington). Importantly, we are a family
gathering place. We provide a comfortable, upscale environment
tailored to family outings. Further, we understand the responsibilities
of being a good neighbor. We professionally landscape our grounds,
routinely patrol for litter, and participate in neighborhood/community
activities.
As references, we would invite all members of City Council
to call your counterparts in the three communities where our stores are
currently located in Columbus. We believe you will find them to be
enthusiastic supporters of our concept, with positive comments
about Graeter's as a potential benefit to the Dublin community.
Should you have any additional questions, please feel free to contact
either of us at 488-3222.
(21 J C.JcJZ lt~~
Clay COOke]IY
Maury Levine
f'r:-- -,~.-, "."'---:-7 "';:;-1
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ATTACHMENT D
------------
Our proposal is to use the Metro Place site to develop and build a
-, Graeter's Ice Cream parlor, with a total square footage of approximately
1,800 square feet. We would be the sole tenant on this property.
The character of the building would be consistent with the neighboring
structures (Max & Erma's to the North and Fifth Third Bank to the
South), and would comply with the architectural standards set forth in
the Final Development Plan for Max & Erma's. We would plan to
incorporate a standing seam metal roof and natural or compatible
exterior finishes.
In addition, the character of our building -- and business -- would be
in keeping with our other locations in Columbus and Cincinnati.
The decor and furnishings will be "comfortably upscale" with an emphasis
on being a family gathering place.
Our store will have inside seating for approximately 40 people,
with a "park-like" patio for residents to enjoy their ice cream
outside on nice evenings. About 75% of our business is dine in
versus carry out. Graeter's hours of operation are:
Summer Winter .
------- -------
Monday - Thursday llam - 11pm 11am - 10pm
Friday - Saturday llam - llpm llam - llpm
Sunday 12noon - llpm 12noon - 10pm
The majority of our deliveries are made by Graeter's personnel in
small trucks (Le. no tractor trailers). We would expect to provide
jobs for approximately 15 - 20 people at this location, varying slightly
with seasonality.
-----------..-.--' ~^-~^.
..,..
,< .
ATTACHMENT E (Text Addendum)
In response to the Planning Commission rezoning approval conditions:
1 ) The proper legal description has been attached to this application.
2 ) Building materials will be architecturally compatible with the
surrounding buildings to the North and South per the Final
Development Plan and discussions with staff.
3 ) Signage is in compliance with code and consistent with signage
lflii- used for the bank and restaurant per the Final Development Plan
and discussions with Staff.
4 ) The Final Development Plan text includes more information on the
architectural details of the building.
5) The proposal here is for a specialty ice cream store. According to
various definitions of the American Planning Association, fast food
establishments include those whose principal business is the sale
of foods and beverages in ready-to-consume individual servings, for
consumption on-site or for carry-out, served in disposable
containers, and without table side service. For the purposes of
this rezoning the following uses shall be permitted on this site:
1 ) Uses listed within the SO, Suburban Office and Institutional
District; and
2 ) Specialty restaurants including those with 50% or more
of dine-in service.
Drive-thru restaurants are prohibited. The SO (Chapter 1159) and
CC, Community Commercial District (Chapter 1163) standards shall
apply for the permitted uses. All other applicable development
regulations within the Planning and Zoning Code (e.g. parking and
landscaping) shall apply.
The building will be architecturally integrated with the surrounding
area including compatible height, roof pitch, and facade treatment.
'le, Building materials will consist of stucco, stone, or wood siding.
Colors shall be of earthtone. The roof material will be standing
seam metal consistent with the existing bank and restaurant sites.
The color of the roof will be earthtone. All mechanical units
will be screened from view on all sides.
Dumpster enclosures shall have four sides and made of the same
material as the predominant building material. Lighting shall be
consistent with the surrounding outparcels and shall conform to
the Dublin Lighting Guidelines. Signage will conform to the
Planning and Zoning Code and will be consistent with approved
building materials and surrounding signage.
6 ) Parking lot design will meet the requirements of the City Engineer.
The interior access has been realigned with Max & Erma's site to
the North, per the Final Development Plan.
7 ) An overall plan showing Frantz Road outparcels will be attached
to the Final Development Plan.
a ) Pedestrian access has been resolved via a stepping stone path
from the front of our patio to the corner of Frantz and Metro North.
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RECORD OF ACTION
DUBLIN PLANNING AND ZONING COMMISSION
AUGUST 5, 1993
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The Planning and Zoning Commission took the following action on the application below at its regular
meeting:
7. Rezoning Application Z93-011 - Refinement of Metro Center Preliminary Plan - Graeter's
Ice Cream
Location: 1.33 acres located on the west side on Frantz Road, approximately midway between
Metro Place North and Metro Place South.
Existing Zoning: PUD, Planned Unit Development District (Metro Center Plan),
Request: PUD, Planned Unit Development District, review and approval of a refinement of the
approved Preliminary Development Plan for Metro Center under the provisions of Section
1181.07.
Proposed Use: An ice cream store of approximately 1,800 square feet,
Applicant: Graeter's Ice Cream, clo Maury Levine, 1534 West Lane Avenue, Upper Arlington,
OH 43221,
MOTION: To approve this rezoning application with the following eight conditions:
1) That the proper legal description be submitted before this case is scheduled for review
by City Council;
2) That the building materials be architecturally compatible with the surrounding buildings
to the north and south;
3) That signage be in compliance with Code consistent with signage used for the bank and
restaurant;
4) That the applicant submit a revised text to include more information on the architectural
details of the building and architecturally integrated with the structure;
5) That the text be revised to clarify the permitted uses and appropriate development
standards, especially as it relates to the reuse of the site in the future;
6) That the design of the parking lot meet the requirements of the City Engineer in terms
of geometrics and location of accessways and aisles. The interior access should directly
align with the Max and Erma's site to the north;
7) That an overall plan showing all of the outparcJ along Frantz Road be submitted; and
8) That the applicant resolve pedestrian access to me with the Staff,
"'"
· Maury Levine agreed to the above conditions,
VOTE: 6-0
RESULT: This rezoning application was approved with conditions and will be forwarded to City
Council for final action,
-/(/;*13
- .
Dublin Planning and Zoning Commission
Meeting Minutes - August 5, 1993
Page 8
2) That sto mwater management e designed according to the requirements of the City
Engin r
,
3) Th the building materi s, elevations, and colors be c sistent with the exi ting
d ership;
4) hat site lighting utili e the same or matching fixture as the existing dealer ip, and
conform to the Dub 'n lighting guidelines;
That text, compos' e plan and subarea map for Pe 'meter Center be amend to reflect
these changes;
That the maxi um height of an auto dealersh' building be lowered to 5 feet;
That Merc s Drive (private road on the no property line) will need 0 be constructed
in connec' n with either Perimeter Cente or with the property to t being built; and
8) That th preliminary grades for the tension of Mercedes D ' e be submitted to
Engi ring as part of the Developm t Plan.
Mr. Rauh seconded the motion. The vo was as follows: Mr. Fish , yes; Mr. Peplow, yes;
Mr. Manus, yes; Mr. Rauh, yes; M . Stillwell, yes; and Mr. Su hen, yes. (Approved 6-0.)
7. Rezoning Application Z93-011 - Refinement of Metro Center Preliminary Plan -
Graeter's Ice Cream
Lisa Fierce presented this case and slides. The subject site is situated between Max and Erma's
and the Fifth Third Bank within Metro Center. The site is 1.33 acres and is a residual portion
of the original Max and Erma's site. A private access drive is constructed from Metro Place
North to Metro Place South behind the site. The site has no direct access onto a public street.
It will connect to Max and Erma's parking lot and to the access drive.
In connection with the Final Development Plan for Max and Erma's, uses for this site were
determined as non-fast food restaurant or offices. The request here is for a specialty ice cream
store which actually fits within the definition of a fast food restaurant. This request is for a
refinement to the text for Metro Center to permit an ice cream store of 1,800 square feet. The
building will be consistent with the area, featuring similar building materials, standing seam
metal roof and natural/compatible exterior finishes. Seating for 40 people in the restaurant will
be provided. There is a patio area along the east elevation toward the Reserve area that will
include some benches to accommodate outdoor seating. The restaurant will generally be in
operation from 11:00 a.m. to 11:00 p,m. in the summer, with more restricted hours in the
winter. There will be approximately 15 to 20 employees based on the season/need.
Staff is concerned about the level of pedestrian/bicycle activity that would be encouraged. Some
type of connection to the Frantz Road sidewalk is needed. Frantz Road has a sidewalk along
the entire length from SR 161 through Llewellyn Farms on the east side only. There should be
some kind of connection, possibly through the Reserve, to Graeter's.
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Dublin Planning and Zoning Commission
Meeting Minutes - August 5, 1993
Page 9
Staff is recommending approval of the application with seven conditions as follows:
1) That the proper legal description be submitted before the case is scheduled for a Second
Reading by City Council;
2) That the building materials be architecturally compatible with the surround buildings to
the north and to the south;
3) That the sign age be in compliance with Code and it be consistent with signage usage for
the bank and the restaurant;
4) That the applicant submit a revised text to include more information on the architectural
details of the building and that it be architecturally integrated with the structure;
5) That the text be revised to clarify the permitted uses and the appropriate development
standards, especially as it relates to the reuse of the site in the future; (Staff is concerned
that if Graeter's would chose to relocate to a larger site somewhere else, what might be
the reuse of the building.)
6) That the design of the parking lot meet the requirements of the City Engineer in terms
of geometries and location of accessways and aisles and the interior access for this site
should directly align with the Max and Erma's site to the north; and (The site plan
submitted to the Planning Commission had an offset alignment of the internal accessway.
Staff would like that to be moved farther to the west to align with Max and Erma's,)
7) That the overall plan showing all the outparcels on Frantz Road be submitted.
Mr. Fishman was concerned with the reuse of the building if Graeter should leave.
Ms. Fierce said a drive through facility would be inappropriate. This type of use is geared more
to dine-in use. Staff is still working in proper restrictions for future users. She said Staff was
checking with the American Planning Association for definitions.
Mr. Manus suggested limiting it to specialty-type fast food restaurants with dine-in service only.
Ms. Stillwell asked about the Frantz Road sidewalk and the access to Graeter's. Whose
responsibility would it be to provide a pathway? Would it be the applicant's responsibility?
Ms. Fierce said it should not be the City of Dublin. It could be either the responsibility of the
seller of the property (Max and Erma's), Metro Center, this applicant or some combination.
thereof. Staff is concerned about encouraging foot traffic and bicycle riders will be encouraged
into an area where there is no pedestrian circulation at all. A sidewalk, pavers, or something
to accommodate foot traffic and possibly bicycle traffic is needed.
The applicant, Maury Levine, Graeter's Ice Cream, agreed with all the conditions of the Staff
Report.
Ms. Stillwell asked if the Commission would review this again after it was approved by Council.
Ms. Fierce said yes, as part of the Final Development Plan.
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Dublin Planning and Zoning Conmlission
Meeting Minutes - August 5, 1993
Page 10
Mr. Levine was asked if he had any problem with addressing the concerns about the pedestrian
movement. Mr. Levine asked that Graeter's not have to bear the entire burden of installing the
sidewalk. They will be happy to participate, however.
Ms. Stillwell moved that this rezoning application be approved with the eight following
conditions:
1) That the proper legal description be submitted before this case is scheduled for review
by City Council;
2) That the building materials be architecturally compatible with the surrounding buildings
to the north and south;
3) That signage be in compliance with Code consistent with signage used for the bank and
restaurant;
4) That the applicant submit a revised text to include more information on the architectural
details of the building and architecturally integrated with the structure;
5) That the text be revised to clarify the permitted uses and appropriate development
standards, especially as it relates to the reuse of the site in the future;
6) That the design of the parking lot meet the requirements of the City Engineer in terms
of geometries and location of accessways and aisles. The interior access should directly
align with the Max and Erma's site to the north;
7) That an overall plan showing all of the outparcels along Frantz Road be submitted; and
8) That the applicant resolve pedestrian access to the site with the Staff.
Mr. Peplow seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr. Manus,
yes; Mr. Rauh, yes; Mr. Sutphen, yes; Mr. Peplow, yes; and Mrs. Stillwell, yes. (Approved
6-0.)
8. Concept PIa - :Martin Road pun - 2980-3110 Martin Road
Lisa Fierce prese ed this case and slid . The subject site is + 5 acres situated between Martin
Road and futur Stoneridge Lane (u er construction). Th e is a 50-foot electrical easement
along the west roperty line. Ther are a number of single amily residences adjacent t e site
and an exist' g church. Am cal building is under construction along the no side of
Stoneridge e. Evergreen tr s are situated along th west portion of the site. unding and
land scapi across Martin Ro to the south helps to reen the Arbors of Dublin ay/pool area.
In 198 a PUD plan was ap, roved for a 165-unit r irement center and three 0 Ice condominium
build' gs on this site. density of 16.5 uni per acre was approved r the seniors only
dev opment. It also i luded an amenity an outdoor fitness package d igned for seniors.
is proposal is for 60 multi-family units ithin twenty buildings wi an overall density 10.8
dwelling units per ere. It includes 32 co ominiums located in the rtheast portion of the site,
with a small par area at the center. 1: e average unit is + 1, square feet. There are also
128 apartment nits (one, two, and t ee bedrooms) with an average size of 900 square feet.
The buildings will be developed ith brick, stone, stucco, and cedar lapped siding or a
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Dublin Planning and Zoning Commission
Staff Report - August 5, 1993
Page 15
CASE 7: Rezoning Application Z93-011 - Refmement of Metro Center Preliminary Plan -
Graeter's Ice Cream
APPLICANT: Graeter's Ice Cream c/o Maury Levine, 1534 West Lane Avenue, Upper
Arlington, Ohio 43221.
,_" REQUEST: Review and approval of a proposed refinement of the approved Preliminary Development Plan
under the PUD, Planned Unit Development District regulations for Metro Center to permit the
"'w operation of an ice cream store on 1.3 acres located on the west side of Frantz Road,
approximately midway between Metro Place North and Metro Place South. This minor
modification to the approved Preliminary Development Plan will require the approval of City
Council, but this will not require a formal rezoning of the property. The provisions contained
in Section 1181.07 of the Planning and Zoning Code will apply to this proposal.
BACKGROUND:
The site is located within Metro Center. In the original Preliminary Development Plan for Metro Center t he
strip of land facing Frantz Road between Metro Place North and Metro Place South was set aside for two
restaurants in addition to office use. Subsequently, the area was developed with the Federal Express and
Fifth/Third Bank buildings and the Max and Erma's Restaurant. A residual parcel of 1.33 acres midway
between Metro Place North and South was discussed in connection with Max and Erma's Final Development
Plan. It was determined at that time that the remaining parcel could be used for a restaurant of a non-fast food
variety or offices. An ice cream store seems to meet the definition of a fast food vendor, and a refinement of
this land use issue is requested. Following a recommendation by the Planning Commission, the applicant will
be referred to City Council for final disposition. If approved, Graeter's will be subject to Final Development
Plan review by the Commission at a later date.
CONSIDERATIONS:
0 The site is flat with no vegetation. To the north is the Max and Erma's restaurant and the to the east
is a Reserve area which parallels Frantz Road and contains a retention pond and landscaping. South
of the site are the Federal Express building and the Fifth/Third Bank which face Metro Place South.
To the west is the six-story office building (Metro Center IV) and its parking lot. To the east across
Frantz Road are the St. Andrew's condominiums and apartments. The site and all surrounding property
is zoned pun, Planned Unit Development District.
0 The north/south access drive (private) to this site is located to the west of the Federal Express building
and extends north the Metro Place North. There is an existing curb cut along this access drive for this
site. The proposal includes an interior connection between this site and the Max and Erma's parking
lot to the north. Staff believes this access should directly align with the Max and Erma's lot and should
be relocated to the west. This site has no direct access onto any public street.
0 Max and Erma's was approved with 112 parking spaces and an additional 30 on this site to meet the
Dublin parking requirement.
0 The proposal includes an 1,800 square foot restaurant for specialty ice cream. According to various
definitions of the American Planning Association (APA), fast food establishments include those whose
,
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1
Dublin Planning and Zoning Commission
Staff Report - August 5, 1993
Page 16
principal business is the sale of foods and beverages in ready-to-consume individual servings, for
consumption on-site or for carry-out, served in disposable containers, and without table side service.
An ice cream specialty shop is considered fast food, in this instance, and Staff would like to ensure that
only unobtrusive and compatible restaurant(s) or other similar uses be approved for Metro Center (Le.
no drive-thru, low-profile signage, architectural coordinated buildings etc.). About 75 percent of the
Graeter's operation is dine-in business.
0 The character of the building will be consistent with surrounding buildings. The applicant intends to
use a standing seam metal roof and natural or compatible exterior finishes similar to Max and Erma's.
0 The restaurant will have seating for 40 people. A patio area is proposed along the east side of the
building with outdoor seating, which includes part of the Metro Center reserve on Frantz Road. The
hours of operation are generally from 11:00 a.m. to 11:00 p.m. in the summer months, with more
restricted hours on Sunday and in the winter. Approximately 15-20 employees would be on site and
this would vary based on the season. The deliveries would generally be made by restaurant employees
in small trucks.
0 The site is expected to attract children and adults, both on foot and on bicycles, to the site. Until now,
no provisions have been made for non-vehicular transportation within Metro Center. A connection from
the Frantz Road sidewalk to the site of some sort should be provided.
STAFF RECOl\HdENDA TION:
Staff is recommending approval of this application with the following conditions:
Conditions:
1) That the proper legal description be submitted before this case is scheduled for review by City
Council;
2) That the building materials be architecturally compatible with the surrounding buildings to the
north and south;
3) That signage be in compliance with Code consistent with signage used for the bank and
restaurant;
4) That the applicant submit a revised text to include more information on the architectural details
of the building and architecturally integrated with the structure;
5) That the text be revised to clarify the permitted uses and appropriate development standards,
especially as it relates tot he reuse of the site in the future;
5) That the design of the parking lot meet the requirements of the City Engineer in terms of
geometries and location of accessways and aisles. The interior access should directly align with
the Max and Erma's site to the north; and
6) That an overall plan showing all of the outparcels along Frantz Road be submitted.
,
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Dublin Planning and Zoning Commission
Staff Report - August 5, 1993
Page 17
Bases:
1) The proposal is consistent with the Community Plan.
2) The proposal provides for coordinated development of the area.
I
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ATTACHMENT D
------------
Our proposal is to use the Metro Place site to develop and build a
Graeter's Ice Cream parlor, with a total square footage of approximately
1,800 square feet. We would be the sole tenant on this property.
The character of the building would be consistent with the neighboring
structures (Max & Erma's to the North and Fifth Third Bank to the
South), and would comply with the architectural standards set forth in
the Final Development Plan for Max & Erma's. We would plan to
incorporate a standing seam metal roof and natural or compatible
exterior finishes.
In addition, the character of our building -- and business -- would be
in keeping with our other locations in Columbus and Cincinnati.
The decor and furnishings will be "comfortably upscale" with an emphasis
on being a family gathering place.
Our store will have inside seating for approximately 40 people,
with a "park-like" patio for residents to enjoy their ice cream
outside on nice evenings. About 75\ of our business is dine in
versus carry out. Graeter's hours of operation are:
Summer Winter
------- -------
Monday - Thursday llam - llpm llam - 10pm
Friday - Saturday llam - llpm llam - llpm
Sunday l2noon - llpm 12noon - 10pm
The majority of our deliveries are made by Graeter's personnel in
small trucks (Le. no tractor trailers). We would expect to provide
jobs for approximately 15 - 20 people at this location, varying slightly
with seasonality.
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-
l\lEETlNG MINUTES
DUBLIN PLANNING AJ\1) ZONL'\G COM.l\USSION MEETING
MA Y 9, 1991
PAGE 17
*' 7. Revised Final Development Plan - Max and Erma's Restaurant at Metro Center
Mr. Gary Spanner, President of Sold Realty (party in contract to purchase the site), referred to
the April 23 Jetter from W. Jeffrey Cecil, attorney for Max and Erma's of Dublin, the applicant,
in which they request a revision of the Final Development Plan. Mr. Cecil directed Sold Realty
to perform a traffic count during peak usage periods which was determined to be during lunch
hour. Staff was provided with initial traffic information in their letter dated May 1, 1991. A
traffic count follow-up was submitted today. The vacant counts shown did not include the five
vacant handicapped spaces on that site. Based 011 Max and Erma's one year of operation and
the information provided, they felt comfortable asking for this modification of the development
plan. Mr. Spanner said that when the properly was purchased, a two-story, 12,500 square foot
general purpose office building which would allow for the parking on-site to fit on the remaining
section of the sile which wasn't subject to the cross easements for this area with Max and
Erma's. A market study indicated a strong need for medical/dental space in the area, as opposed
to just a general office. There are currently two medical groups and one dental group who wish
to locate at this site and they would occupy alII 0,000 square feet of the proposed building. To
accommodate medical use, a change from a two-story to a one-story building was necessary
which makes the area more uniform. Because the one-story structure is taking up more ground
area and the higher parking requirements for a medical/dental facility, the unused parking spaces
(subject to the cross easement) were used. The building will be similar in character to the Stone
Ridge Medical Center on S.R. 161 but utilizing the stucco, cedar and stone materials called for
in the Final Development Plan, in keeping with the character of adjacent buildings (Chase Bank
and Max and Erma's restaurant). It will have a high-pitched, standing seam metal roof.
Patty Wilson, representative of the School Employees Retirement Board, who owns the Metro
IV building, next door to Max and Erma's, said since Max and Erma's opened, there were
parking problems with the Metro IV lot. Max and Erma's approached them about renting
parking spaces from them. Their proposal was rejected by the Retirement Board. Ms. Wilson
is concerned that because Max and Erma's is reducing their space, this means more overflow
into their lot.
Ms. Clarke said this issue was discussed when Max and Erma's first came in. She understood
that Max and Erma's approached Metro IV prior to the time the building was built to secure an
easement or rent spaces. Ms. Wilson stated that the request was since the restaurant opened.
Ms. Clarke said the issue of whether Max and Erma's could share parking with another use at
Met~o Center was discussed at the time of Final Development Plan and staff supported that idea.
The Commission had problems with it. Max and Erma's now wants a reduction in the required
number of parking spaces from 142 to 133. Staff has found 17-22 spaces at lunch time. Staff
recommends approval of this application. Ms. Clarke presented slides of the parking lots. Mr.
Spanner's traffic count reflected that there were plenty of parking spaces during lunch hour.
Mr. Manus made a motion to approve the Revised Final Development Plan for Max and Erma's
subject to staff comments.
Mr. Campbell seconded the motion and the vote was as follows: Ms. Stillwell, yes; Mr.
Kranstuber, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Fishman, yes; Mr. Campbell, yes; Mr.
Manus, yes. (Approved 7-0). 'HISTORY
. Z93-o11
":.
" Refinement of Metro Center
Preliminary Development Plan
. ' .Qraeter's Ice Cream
"_....,. '____'_"._m'",'-' ~~,-~,_.,--- ~'- -~,--~~-..,--~",-,~,-------~...
Minutes of Meeting, January 12, 1989
Dublin Planning and Zoning Co~~ission
Page 4
Mr. effler noted t, e large area being screened and asked the applicant
if AT anticipated ditional di h antennas on he site. . Gessler
replied hat, at this oint in tim AT&T has no ans for in talling
additiona dishes.
some
it for a sa ellite
from Blaze
was
* 3. Final Development Plan - Max & Erma's Restaurant at Metro Center
Ms. Clarke presented slides of the site and surrounding area and
presented the following information:
-The site is 3.166 acres located on the west side of Frantz Road between
Met=o Place North and Metro Place South. South of the site is the
Fede~al Express building and an approved but not-yet-built bank/office
building on the eastern portion of the Metro Place South frontage. The
north/south access drive will be extended northward with this
develooment throuch to Metro Place North. To the west is the six-story
- .
office building (Metro Center IV) and its parking lot. To the east
across Frantz Road are the St. Andrews Condominiums within ~~e
residential portion of this POO. To the north across Metro Place North
is Bank One.
-Tnis proposal was reviewed on an informal basis at the December 8,
1988, meeting of ~~e Dublin Planning and Zoning Commission. A number of
issues were raised at that meeting including architectural compatibility
with the office park~ preservation of a large, old, green ash tree~
provision of Code required parking~ siting of the building and patio
areas~ and evaluation of storm water calculations for the site.
-The first phase of this project is a 6,500 square foot full-service Max
and Erma's Restaurant on the northern 1.82 acres. A residual piece of
1.34 acres will be developed at a later date. The restaurant and
residual piece will be accessed only from the north/south drive (three
curb cuts) all of which will be constructed with the first phase of this
development.
-The restaurant is to be built on the extreme northeast corner of the
site abutting, but not encroaching upon, the Reserve area and retention
pond. With the revised plan, the outdoor dining patio (572 square feet
in area) has been shifted to the north side of the building.
HISTORY Z93-oU
Refinement of Metro Center
Preliminary Development Plan
, Graeter's Ice Cream
. ~-:
~. ::
,-,~
_.~-. ~.<"" ....'_r~'._ _,'
Minutes of Meeting, January 12, 1989
Dublin Planning and Zoning Commission
Page 5
-The green ash tree is to be preserved and protected.
-Code required parking (142 spaces) is being provided either on the site
or the residual piece. Upon development of the residual tract,
reciprocal parking easements will be provided for both tracts.
-The building is 26 feet in height, and the entrance has been downsized
to 22 feet in height. The architecture and building materials have been
simplified significantly, and the tile has been removed. The
predominant colors are now mahogany wood and beige stucco or dryvit
material. The green will be used only for pinstriping around the
windows. The a~~ings and umbrellas on the patio will be of the same
beige color as the building. The roor is standing seam metal with a
copper-color finish.
-Signage will be limited to two 30 square foot wall signs.
-The landscaping has been significantly upgraded for this site.
-Staff feels this proposal is consistent with the other Metro Center
projects. Staff is recommending approval of this Final Development Plan
subject to:
l. Landscaping revision to include properly placed evergreen screening
and trees spaced 40 feet on center along the western edge or the
parking lot, and removal of shrubs from sight triangles at the
driveways.
2. Phase line to be shown on plans.
3. Arborist be retained to supervise the protection of the ash tree in
the Reserve area.
4. Building height on residual parcel to be restricted to 30 feet.
5. Mahogany stain used on the building to be from the lighter range to
mitigate the strong light/dark contrast between the wood and the
stucco.
Mr. Willis explained that storm water management was done at the time or
the original design of Metro Center. The design provided storm water
management detention in four wet ponds and one dry basin. The site is
divided into two tributary areas, and the runoff from the larger part of
it is controlled by the four wet ponds. The storm water runoff from the
Max & Erma's site will drain into one of those wet ponds. Additional
detention for ~~is site is not required.
Mr. Jerry Bird, vice-president of the Pickett Companies, represented the
applicant and the Metro Center Park. He was the original design
architect for ~~e Metro Center, and for the past five years has served
as the design review agency for the Pickett Companies and Metro Center
for projects that occur in Metro Center. Mr. Bird expressed support of
the Max & Erma's proposal and prese~ted the following information:
-The old green ash tree in the Reserve will be preserved. A horticul-
turist has studied the tree and has suggested pruning, aerating, and
fertilizing to help strengthen its present condition. The building has
been relocated away from the tree, and the patio has been shifted to the
north side of the building to provide more uninterrupted soil around the
tree. Max & Erma's has agreed to employ a horticulturist to observe the
protection of the tree during construction, and the Pickett Company will
do the pruning, fertilization and aeration.
IS TORY Z93-oU
efinement of Metro Center
I reliminary Development Plan
I 1:'0 _
-r: ::. raeter's Ice Cream
-,~",'-- --,^"...__.._'-~~
Minutes of Meeting, January 12, 1989
Dublin Planning and zoning Commission
Page 7
Mr. Geese moved to approve the Final Development plan subject to:
l. Landscaping revision to include properly placed evergreen screening
and trees spaced 40 feet on center along the western edge of the
parking lot, and removal of shrubs from sight triangles at the
driveways.
2. phase line to be shown on plans.
3. Arborist be retained to supervise the protection of the ash tree in
the Reserve area.
4. Building height of residual parcel to be restricted to 30 feet.
5. Mahogany stain used on the building to be from the lighter range to
mitigate t~e strong light/dark contrast between the wood and the
stucco.
6. parking easements to be reviewed and approved by the Law Director.
7. Separate application to be submitted for the Metro Center sign.
Mr. Campbell seconded the motion, and the vote was as follows:
Ms. Rausch, abstain; Mr. Campbell, yes; Mr. Berlin, yes; Mr. Amorose,
yes; Mr. Grace, yes; Mr. Geese, yes; Mr. Leffler, yes. The motion was
passed 6-yes, I-abstain.
4. Rezoning Application -
Martin Road Retirem
1'1s. Cla_ e showed slides along with the
following formation:
ocated on the outh side of _ roposed
- Martin Road, approximatel 1,100
To the no h are proper 'es which face upon
including the toneRidge 01: - , ce Center zoned
erty zoned PUD or a retail ter; property
us automobile lership site Iso zoned
the artin Road Chri ian Church a several
To the sou , across Marti Road, is prop ty
space ana arking in conn ction with the
in Columbus
approved by t and
Council on vember 29,
a s~, ilar project was with-
HISTORY Z93-o11
efinement of Metro Center
reliminary Development Plan
. raeter's Ice Cream
. '(.:.
:.,-:
-'
- ~,.,-,,-
Minutes of Meeting, January 12, 1989
Dublin Planning and Zoning Commission
Page 6
-Elevations and a rendering of the revised Max & Erma's restaurant were
presented. The building has been designed to incorporate a roof to
house the mechanicals and provide a more aesthetic treatment. This is
compatible with the rest of Metro Center. The wall color will be
identical to the stucco on the Metro I - V buildings. The accent colors
and the "German Village" elements as previously proposed have been
removed, and the building follows the lines, color palette, and scale of
the other buildings in Metro Center.
Mr. Arnorose asked if the existing Metro Center sign would remain, and if
so, where. Ms. Clarke stated that it would be moved to the Frantz Road
side of the pond. Mr. Bird stated that the intent is to move the sign
to the Frantz Road side of the pond, within the setback, with the stone
base perhaps encroaching a bit on the pond. The sign will be a taupe
color and be built on a low stone wall with plantings around it. Mr.
Campbell expressed concern about the sign being crowded in between the
lake and the entrance to Metro Ce~ter. Mr. Bird stated that it could be
located closer to the pond, even if it is necessary to modify the pond.
Mr. Arnorose stated that ha felt the sign was too big and out of scale.
Mr. Bird did not anticipate the sign being part of this Final Development
Plan, and he stated that he would be glad to come back with a revised
sign for review by the Commission.
Mr. Leffler asked about the proposed use of the patio area. Mr. Bird
stated that it will be used primarily as an outdoor eating area with
approximately 10 tables, 40 seats, enclosed only by shrubbery.
Ms. Grace asked Mr. Banchefsky if he was satisfied with the reciprocal
easements for parking on the residual piece. Mr. Banchefsky stated that
he has not reviewed them. If it is a concern of the Commission, he
suggested that the approval be conditioned on his review and approval.
Mr. Grace asked about commi~~ents on the residual piece. Mr. Bird
replied that the te::t states "office or non-fast food restaurant." He
stated that it is likely it will be developed as a professional office
or a bank.
Mr. Berlin asked if there will be shared parking or if each building
will meet Code requirements individually. Ms. Clarke replied that each
building will meet the minimum parking required independently.
Ms. Clarke asked the applicant if a color board was available for review.
Mr. Bird demonstrated the proposed colors. Ms. Clarke stated that the
mahogany shown on the color board is significantly lighter than the
color sample at the office and much closer in value to the roof color.
HISTORY Z93-011
Refinement of Metro Center
, Preliminary Development Plan
, ,-
,-
~ Graeter's Ice Cr~
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.
"c I T Y 0 F 0 U B L I N
Department of Planning & Development
RECORD OF ACTION
DUBLIN PLANNING AND ZONING COMMISSION
MAY 9, 1991
w. Jeffrey Cecil
Max and Erma's of Dublin, Inc.
41 S. Bigh street
Columbus, OB 43215
The Planning and Zoning Commission took the following action in the revised Final
Development Plan below at its regular meeting:
7. Revised Final Development Plan - Max and Erma's Restaurant - Metro Center
Location: 3.166 acres located between Metro Place North and Metro Place
South on the west side of Frantz Road (411 Metro Place North).
Existing Zoning: PUD, Planned Unit Development District.
Request: Revision of Final Development Plan to permit a la-space
reduction in off-street parking.
Proposed Use: Existing 6,500 square foot restaurant with 112 on-site parking
spaces and a reduction to 21 spaces on the adjacent parcel.
Applicant: Max and Erma's of Dublin, Inc. , c/o W. Jeffrey Cecil, attorney,
41 South High Street, Columbus, OH 43215.
MOTION. To approve a change in the parking requirement from 142 to 133 parking spaces
with the comments from the Staff Report.
VOTE. 7-0
RESULT I The Revised Final Development Plan was approved.
STAFF CERTIFICATION:
'-& ~1~')Jt ' CD 2~
Barbara M. Clarke
Zoning Administrator
,-
HISTORY
Rezoning Application
Z93-011
Refinement of Metro Center
, " 5 T 37 Post Rd. SuiTe 11705 Dublin, Ohio 43077 674.761.65 Preliminary Development Plan
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