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Westlake · Planning Commission

Rockefeller Estates

2026-02-02View original PDF ↗View on cityofwestlake.org ↗

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[Plans-Drawings for ROCKEFELLER ESTATES - 1636 DOVER CENTER ROAD - COVER STEET - 1-7-2026 - conceptual plan]
18501 Hillard Rd., Suite 613
Rocky River, OH 44116
Phone: 440-669-5354
Email: bbqbb69@gmail.com
CLIENT:
BY
REVISION
DATE
DRAWN BY:
CHECKED BY:
DATE
SCALE
JOB
NO.
DESIGNED BY:
SHEET NO.
THESE DOCUMENTS CONTAIN INFORMATION
PROPRIETARY TO CIVCON ENGINEERING
CONSULTANTS, INC. UNAUTHORIZED USE OF
THESE DOCUMENTS IS EXPRESSLY
PROHIBITED UNLESS AGREED UPON IN
WRITING.
RPK
ENGINEERING
ROCKEFELLER ESTATES
DEVELOPMENT PLANS
PRELININARYY
XXX
XXX@XX.COM
WESTLAKE,OH,44045
XXXX
RPK
RJS
RPK
12/1/25
DOVER-251115
RJS
DIS. WAT. LINE OFST. STM
12/1
TITLE SHEET
NOT FOR
CONSTRUCTION
DRAWING INDEX
SHEET
DESCRIPTION
TITLESHEET
C-1
SITE LAYOUT PLAN
C-2
STORM AND UTILITY PLAN
DEVELOPMENTS PLANS
NOVEMBER 2025
NOT TO SCALE
LOCATION MAP
UTILITIES
SANITARY SEWER:
CITY OF WESTLAKE
27700 HILLIARD BLVD
WESTLAKE, OH 44145
(440) 871-3300
WATER:
CITY OF CLEVELAND, WATER DIVISION
1201 LAKESIDE AVE.
CLEVELAND, OH 44114
(440) 664-2444
ELECTRIC:
THE ILLUMINATING COMPANY
(800) 633-4766
GAS:
COLUMBIA GAS of OHIO
(800) 344-4077
CABLE TV:
AT&T DIRECT TV & INTERNET
SPECTRUM
BREEZELINE
OHIO811 (OUPS):
8-1-1 -or- (800) 344-4077
SITE
DEVELOPER:
SPACE REAL ESTATE DESIGN AND
DEVELOPMENT LLC
1450 STONE COURT
WESTLAKE, OHIO 44145
CONTACT: WALID M. DARDIR
PHONE: (216) 526-9863
ARCHITECT:
TBD
CIVIL ENGINEER:
RPK ENGINEERING
18501 HILLARD RD, SUITE 613
ROCKY RIVER, OHIO 44116
CONTACT: ROBERT KELLY
PHONE: (440) 669-5354
SURVEYOR:
ALBER AND RICE, INC.
31913 COOK ROAD
NORTH RIDGEVILLE, OHIO 44039
CONTACT: JAMI KING
PHONE: (216) 252-7840
1636 DOVER CENTER ROAD
WESTLAKE, OH 44145
ROCKEFELLER
ESTATE

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[Department Reviews for ROCKEFELLER ESTATES - 1636 DOVER CENTER ROAD - FIRE - - 1-9-2026]
Planning Commission
Interdepartmental Comment Form
Planning Commission Meeting Date: February 2, 2026
Please review the plans for your department’s area of concern and respond back by
1/22/2026

PC office use only Sent to: Date Returned

Inspections

☒

Engineering

☒

Police

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Fire

☒

Service

☒

Forester

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Finance

☐

Project Name:
Rockefeller Estates – Development Plan (single family clusters)
Parcel #:
21222021
Street Address:
1636 Dover Center Rd.
Date received:
1/7/2026
Date distributed:
1/7/2026

Name
Michael Freeman
Date
1/9/2026
Title

Assistant Chief
Department

Fire

Please provide your comments (if you have no comments you do not need to respond):

1.
Construction will not interfere with access for emergency vehicle and/or fire department
personnel. 2017 OFC Section 504.1
2.
Fire hydrants are required on private property, in conformity with the WCO/Building Code, and
shall be installed and in working order before beginning construction on the permanent structure
for which the building permit has been issued. WCO 1371.02
3. Fire hydrants required on private property shall be installed and in working order before delivery of
combustible construction materials WCO 1371.03 (h), or as determined by the Fire Chief.
4.
A minimum 8” fire main with private fire hydrants will be required on this site. WCO 1371
5.
Hydrant locations are not agreed upon. Private hydrant placement is to be approved by the Fire
Chief. WCO 1371.03
• Show a second fire hydrant on the access
6.
The building and hydrant locations shall comply with Westlake Codified Ordinance 1371.03. “All
buildings and structures shall be so located that all parts thereof are not more than 250 feet from
at least two readily accessible public or private Fire Department hydrants. Such distance shall be
measured along the centerline of the streets, roadways or driveways.”
7.
All fire hydrants, new or replacements shall have a 5” Integral Storz Pumper Connection on the fire
hydrant pumper nozzle and 2½” Cleveland Standard thread on the remaining ports. Hydrants shall
be Mueller, Kennedy, or the equivalent. WCO 1371.04
8.
The 25’/50’ turning radii shall be maintained throughout the site for emergency access. 2017 OFC
503.2.4
• Show turning radius as 25’:50’ no autoturn drawing

9.
Dead-end fire apparatus access roads/fire lanes in excess of 150 feet in length shall be provided
with an approved area for turning around fire apparatus 2017 OFC 503.2.5
• Submit proposed turnaround with dimensions
10. Approved signs shall be provided for fire apparatus access roads/fire lanes to identify such roads
or prohibit the obstruction thereof. 2017 OFC 503.3
• No parking in the 20’ wide access drive and the proposed turnaround. Signs to identify
no parking fire apparatus access
11. Pavements. The width of the pavement shall be measured from back to back of curbs. The
Planning Commission, on the advice of the Director of Engineering, may require higher standards
and/or greater widths than set forth above because of extraordinary traffic loads or unusual
conditions in specific locations. A cul-de-sac shall have a minimum diameter of not less than 100
feet if fully paved. A cul-de- sac may have a planter in the center thereof but if a planter is
provided the diameter of the cul-de-sac shall be of sufficient size as approved by the Planning
Commission, City Engineer and the safety forces to permit all City vehicles to negotiate the cul-de-
sac but in no case shall the pavement width be less than thirty feet measured from back to back of
curbs. WCO 1129.08

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[Design Guidelines for ROCKEFELLER ESTATES - DESIGN GUIDELINES - 1-7-2026 - conceptual plan]
The Rockefeller Estates Guideline
Handbook with Provisions,
Restrictions and Standards for the
Construction of Single-Family Homes

The Rockefeller Estates adopts the following Guidelines comprising of the Standards,
Provisions and Restrictions establishing a common plan for design, size and development of
property known as The Rockefeller Estates. These Standards, Provisions, and Restrictions
will create a harmonious community in the overall look of a modern Country European
Single-Family Design, both in the use of materials and the landscaping. The Residential
Development Standards, Provisions and Restrictions that follow have been designed to
encourage environmental excellence, design integrity and architectural quality of the single -
family homes within The Rockefeller Estates. All Plans for single family homes and
landscaping will be subject to a plan review and approval from the Architectural Review
Board of The Rockefeller Estates for architectural compatibility, style, mass, proportion,
scale, materials, color, and design detail.

Table of Contents for Rockefeller Estates

1.1 General Definitions

2.1 Minimum Square Feet

3.1 Spillway and Retention Pond

3.2 Access Roads and Easements

3.3 Landscaping and Rear Yard Easements

3.4 Signage Easement

3.5 Stormwater and Sanitary Sewer Easement Areas
3.6 Public Utility Easements

3.7 Title to Common Property

4.1 Common Property

4.2 Association Maintenance Obligations

4.3 Maintenance of Easement Areas located within the lots
4.4 No Other Restrictions

5.1 Notice to Owners and Builders

5.1.1 Community Pathways and Sidewalks

5.1.2 Builder Construction and Clean Up Deposit
5.2 Number of Structures

5.3 Garage

5.4 Storage pf Very: Vehicles and Machinery: Parking
5.5 Control of Trucks, Trailers and Commercial Vehicles
5.6 Tents, Trailers, RV’s, Etc.

5.7 Poles, Wires, Antennae and Satellite Dishes

5.8 Main Structures (See Exhibit E)

Page

b&b SF FHF HP H A

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5.9 Other Structures

5.10 Maintenance and Repair

5.11 Nuisance

5.12 Animals

5.13 Fences and Walls

5.13.1 Masonry Columns

5.13.2 Pools and Additional Structures

5.14 Signs

5.15 Storage of Material and Trash Handling
5.16 Commercial or Professional User

5.17 Trees

5.18 Landscaping

5.19 Grading

5.20 Drainage

5.21 Decks and Patios

5.22 Temporary Steps

5.23 Facades (See Exhibits B, D and E)

5.24 Trim Materials (See Exhibits B, D and E)
5.25 Chimney Exteriors (See Exhibits B and E)
5.26 Basements

5.26.1 Sump Pumps Requirements

5.26.2 Clay Dams

5.26.3 Mail Boxes

5.27 Address Blocks

5.28 Roof Pitches

5.29 Roof Shingles

5.30 Setbacks

5.31 Lot Combination

5.32 Light Post and Surface Mounted Exterior Lights
5.33 Colors (See Exhibit D and E)
5.34 Construction Fences

5.35 Conflict In Provisions

6.1 Homeowner Association

7.1 General Provisions

7.2 Covenants Running with the Land
7.3 Non-Waiver

7.4 Property Subject to Restrictions

7.5 Amendments

Exhibits

Exhibit A Plan of Property

Exhibit B Exterior Siding Requirements

Exhibit C Community House Plan Minimum Size Requirements
Exhibit D Materials Selections and Colors

Exhibit E House Styles and Floor Plans

Exhibit F Landscape Plans for Development

Exhibit G Fencing and Electronic Entrance Gate

DEFINITIONS:
1.1 GENERAL DEFINITIONS:

(a) "Architectural Review Board" shall mean and refer to a Board which may be
established by the Declarant or the Association to review applications and
design documents for all new construction and alterations, modifications or
changes to existing properties, including landscaping, for compliance with
these Covenants and any Residential Development Standards adopted
hereunder and defined below. The Declarant or the Association may set a
reasonable fee for architectural review.

(b) "Association" shall mean and refer to The Rockefeller Estates
Homeowners' Association LLC) During the Development Period and prior to
the time when Class A membership equals the total votes outstanding in Class
B membership as set forth in The Rockefeller Estates Declaration and
Bylaws, the Declarant shall have all of the rights of the Association, including
enforcement of these Covenants and appointment of committees and boards.

(c) "Building Pad" shall mean and refer to the building setback requirements
shown on the last record plat for the subdivision, unless otherwise amended
or modified by Declarant and being subject to approval by the City.

(d) "City" shall mean the City of Westlake, a municipal corporation organized and
existing under the laws of the State of Ohio.

(e) "Common Properties" shall mean and refer to those areas of land and
improvements and facilities thereon, shown as separate blocks or on the
recorded subdivision plat of Rockefeller Estates Property, including but not
limited to the storm water detention basin(s) serving the subdivision and any
access easements thereon (“Common Property”)

(f) "Common Areas" shall mean and refer to all Common Properties shown on
the recorded subdivision plat for The Rockefeller Estates.

(g) "Covenants" and "Restrictions" shall both mean and refer to the obligations
imposed upon Declarant and Owners pursuant to this Declaration of
Covenants, Conditions and Restrictions.

(h) "Declaration and Restrictions" shall mean and refer to this Declaration of
Covenants, Conditions and Restrictions.

(i) "Developer" and "Declarant" shall both mean and_é *refer_ to
an Ohio LLC, and its successors and assigns of all
Page 2 of 33

or substantially all of the Properties as defined below.

(j) "Development Period" shall mean the time period from the present until all
Five lots in the Recorded Plat for The Rockefeller Estates have been
transferred to Owners (not builders purchasing lots from Developer for resale
to Owners)

(K)"Living Unit", "Dwelling Unit", or "Residence" shall mean and refer to any
building, or any portion of a building situated upon a Lot within the
Properties, designed and intended for use and occupancy as a residence by a
single family.

(L)"Lot" or "Sublot" shall mean and refer to any sublot (whether or not
improved with a house) shown upon any recorded The Rockefeller
Estate’s subdivision plat of the Properties as shown on Exhibit A Plan of
Property

(M)"Member" shall mean and refer to all those Owners called members of
the Association but shall not include the builder of any Residence used as a
non-occupied Model Home or Spec Homes. Upon transfer of a Sublot to a
consumer purchaser, such consumer purchaser and his/her grantee(s) may
builders or purchasers of a residence, in accordance herewith, become and
remain Members of the The Rockefeller Estates Homeowners’
Association., as the case maybe.

(N)"Owner" shall mean and refer to the record owner (home purchaser and/or
consumer), whether one or more persons or entities, of the fee simple title to any
Lot or Living Unit situated upon the Properties, but shall not mean or refer to the
mortgagee thereof unless and until such mortgagee has acquired title pursuant to
foreclosure, or any proceeding in lieu of foreclosure; and, for purposes of liability
for common costs and assessments of the Association, the term "Owner" shall not
include a builder unless such builder is building a residence for his/her
personal,not business, use.

Q)"Properties" shall refer to the entire property shown on the Property Plan,
Exhibit A, and any additions made thereto in accordance with these Covenants.

(M) "Record Plat" shall mean and refer to the last recorded plat for the Properties
as shown on Exhibit A, Plan of Property.

(N)“The Five” shall include Five single family Cluster Lots.

(0) "Square Footage" shall mean the square footage of the living area (heated
or air- conditioned space) specified below, which square footage shall not
include open or enclosed patios, basements or garages. The minimum square
footage for the residence structures that may be built on the Sublots within

Page 3 of 33

The Five are as follows unless stated otherwise in herein.

2.1 Minimum Square Footage’s Requirement - (See Exhibit C)
Sublots 1 through 5 One-story homes - 2 2 00 Square Feet

One and one-half story homes - 2400
Square Feet

Two-story homes - 2800 Square Feet

RESERVED EASEMENTS UPON THE PROPERTIES
3.1 SPILLWAY AND RETENTION POND.

Developer has reserved easement(s) upon any one or more Lots, for the
installation and use of drainage, retention pond, and other necessary water
management techniques for the benefit of the Properties as shown on the subdivision
plat to be recorded for the Subdivision.

3.2 ACCESS ROADS AND EASEMENTS.

Developer has reserved easement(s) upon adjacent or abutting any one or more Lots,
for the construction and use of an access way or road to any such spillways, retention
pond, and water management devices for the benefit of the Properties as shown on
the subdivision plat to be recorded for the subdivision.

3.3 LANDSCAPING AND REAR YARD EASEMENTS.

Developer has reserved easements(s) within the first ten (10) feet of any lot
which abuts a roadway for unimpeded access to install and maintain utilities,
drainage or any other improvements as shown on the subdivision plat to be recorded
for the Subdivision. The Developer has reserved a 30’ boundary easement for
buffering around the boundary lines of the property abutting any neighboring
properties.

3.4 SIGNAGE EASEMENT.

The developer has reserved an easement within the first 15 feet of the stone
entrance columns that are set back from Dover Center Road and within the HOA’s
Easement for entrance signage.

3.5 STORM WATER AND SANITARY SEWER EASEMENT AREA.

Developer has reserved and/or created and granted or may create and grant
easements for the installation and maintenance of water mains, sanitary sewers,
storm sewers, drainage, and swales to the City of Westlake all as shown on the
subdivision plat to be recorded for the Subdivision and the storm water detention
basin as shown in the construction plans and/or the plat to be recorded for the
subdivision. The Developer does hereby reserve the right to create further
easement(s) upon one or more Lots, for the purpose of installing and maintaining

Page 4 of 33

water mains, storm sewer and sanitary sewers, drainage and swales for the benefit of
the Properties or City as shown on the Rockefeller Estate’s subdivision plat relating to
any part of the Properties.

3.6 PUBLICUTILITY EASEMENTS.

Developer does hereby reserve the right to create easement(s) upon any one
or more Lots, or other portion of the Property for the installation, use and
maintenance of all utilities as any governmental body with jurisdiction over the same
or as Developer may determine, including, but not limited to, electrical, gas, TV cable,
sewer and/or water service lines, all as may be shown from time to time on any
subdivision plat relating to anypart of the Properties.

3.7. TITLET MMON PROPERTY.

Developer shall retain the legal title to any part or all of the Common
Properties and may relinquish or transfer ownership or the control of Common
Properties to the Five’s Homeowner’s Association at such timeas all improvements to
be constructed upon said Common Properties have been completed thereon, and/or
at such time as, in the opinion of the Developer, such transfer is in compliance with
existing agreements and city ordinances. Notwithstanding any provisions herein,
the Developer hereby covenants for itself and its successors and assigns that it shall
convey control of all the Common Properties to the Homeowners Association,
provided that in the sole discretion of Declarant, such transfer is prudent and in the
best interests of all parties involved. Developer retains the right to change and adjust
the boundaries, location and size of any Common Properties so long as Developer is
the owner of said Common Properties or until the expiration of the Development
Period whichever last occurs.

MAINTENANCE OBLIGATIONS

4.1 COMMON PROPERTY MAINTENANCE OBLIGATIONS.

During the Development Period and until control or responsibility of the
Common Property is transferred to the Homeowners Association, the Developer shall
maintain all Common Properties and easement areas. Thereafter, the Association
shall be responsible for the installation and maintenance of all Common Properties.
Maintenance shall include, but not be limited to maintenance of all structures in
Common Areas, trees, plantings, flowers, architectural features, lighting, sprinklers,
aeration fountains, shrubs, grass areas, drives, walls, recreational equipment,
concrete walkway or sidewalk and any other improvements in or on the Common
Properties. The Developer or their Assignee shall be entitled to reimbursement for
improvement including but not limited to fountains, fencing, landscaping and etc. for
maintenance costs incurred during the Development Period before control of the
Common Properties and maintenance responsibilities are transferred to the

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Homeowners Association.

4.2 ASSOCIATION'S MAINTENANCE OBLIGATIONS.

The Homeowners Association assumes the same duty to maintain all Common
Properties, as does the Developer, as set out in the Homeowners Declaration and By
Laws for the control which has been conveyed to the Homeowners Association. With
respect to the common property facilities, and in accordance with the Articles of
Incorporation and the Covenants,the Association shall have the right to contract with
any person for the performance of various duties and functions. Without limiting the
foregoing, this right shall entitle the Homeowners Association to enter into
management, operational, or other agreements.

4.3 MAINTENANCE OF EASEM S LOCATED WITHIN LOTS.

The Homeowners Association shall maintain all easement facilities as a
common expense of the Homeowners Association; provided, however, that each
Owner of a Lot shall be solely responsible for the cost of maintenance, caring for and
replacement of all landscaped areas within the Lot, including mowing of all grassy
areas within the Lot, including, in all such instances, any portion of the Lot which is
encumbered by an easement, excepting only such costs as may be related to the
repair, replacement or improvement to or of any such easement facility by the
Homeowners Association.

4.4 NOOTHER RESTRICTIONS

No landowner or group of landowners (except for the Developer, or strictly in
compliance with the enacted bylaws of the Developer) shall be permitted to impose
or attempt to impose deed restrictions, use restrictions, or other collective
restrictions, impositions, requirements and the like upon any property designated,
used or intended to be used for residential purposes.

GENERAL PROVISIONS AND RESTRICTIONS

5.1 NOTICE TO OWNERS AND BUILDERS.

Each builder who shall build on the Property and each subsequent Owner
acknowledges in The Rockefeller Estates shall have a Guideline for Building
Standards and Specifications which will become the obligation of the Owner
upon transfer of title. Since there are many elements to building a new home which occur
after the Owner takes title, any construction or purchase agreement with the Owner's
builder should specify who is responsible for certain items such as: landscaping, trees,
steps, decks, light post, exterior lighting or coach light, mailbox, patio, grading, drainage,
address stone etc. Please pay particular attention to these Specifications and Restrictions
as outlined in this document. All issues regarding compliance with Restrictions and the

Page 6 of 33

building of the home should be clearly set forth in the agreement between the Owner and
builder. The Developer is specifically permitted to enforce this requirement and ensure its
compliancetherewith, in that it exists to protect the Developer.

5.1.1 COMMUNITY PATHWAY/SIDEWALKS

The owner acknowledges that The Rockefeller Estates shall contain a
sidewalk or community pathway (the "Pathway") in some but not all areas of the
Subdivision as shown on the Engineer’s Plat and Engineering Drawings. Owner agrees
that, upon taking title to the Sublot, Owner becomes and remains fully responsible for
cost of installing all sidewalks or pathways for their Sublot. Owner is responsible
for providing sidewalks pursuant to City codes and ordinances. Any damage to the
sidewalk or pathway shall be repaired by Owner prior to occupancy of home on
Sublot. Owner agrees to hold Developer harmless from any and all issues ansmg from,
related to or regarding the community pathway or sidewalks whatsoever.

5.1.2 BUILDER CONSTRUCTION AND CLEAN-UP DEPOSIT

Builder and/or Sublot Owner shall deposit with Developer/Declarant a $1,000 for
each Sublot purchased prior to commencement of home construction. The deposit
shall be used to repair damages or clean up debris in any Subdivision area due to
builder's activities. This deposit shall not relieve the builder or property Owner of its
obligations under the City of Westlake’s ordinances and these Restrictions to keep
their building sites and adjacent roadways, subdivision areas and Master Plan
Amenities areas clear of construction debris or repair damages due to their activities.
The Developer shall have sole discretion in determining the use of all deposited funds.
Any unused funds shall be returned to builder or Owner within thirty (30) days of
receipt by Developer of a written request from the Owner or Builder for the return of
the deposit, provided the builder's activities have been completed.

5.2. NUMBER OF STRUCTURES.

Not more than one single-family residence structure, together with other
structures permitted by these Restrictions, or the City of Westlake’s Ordinances shall
be erected, reconstructed or existing to remain upon any Sublot.

5.3. GARAGE.

Each residence shall have at least two (2) car garages attached to the
residence or up to three (3) car garages attached to the residences. Exteriors must
receive the same degree of attention to design as the dwelling and must be
architecturally integrated with the dwelling, consistent with surrounding dwellings
and community standards.

5.4 STORAGE OF VEHICLES AND MACHINERY: PARKING.

No trucks (except a two-axle pick-up truck with no more than four tires)
including, but not limited to, camper, camper trailer, recreation vehicles, boat, boat
trailer, all-terrain vehicles, airplane, snowmobile, commercial vehicles, van, mobile
home, tractor, bus, farm equipment, off-road vehicles or other vehicle of any kind,
licensed or unlicensed, shall be stored on any driveway or other areas in or upon

Page 7 of 33

the Property, except in the confines of garages. No machinery or equipment of any
kind shall be placed or operated upon any portion of the Property except such
machinery that is customarily required for maintenance of the Property, related
improvements, lawns and landscaping. Such permitted machinery shall be stored in
garages. Residents shall not park on streets within the Subdivision. Visitor parking
shall be limited to one side of streets in the Subdivision, in designated areas, but
parking on street shall not be permitted between the hours of 2:00 AM and 6:00 AM.

5.5 CONTROL OF TRUCKS. TRAILORS and COMMERCIAL VEHICLES.

No tractor trailers, commercial tractors, commercial vehicles or trucks, road
machinery or excavating equipment shall be permitted to remain on any portion of
the Property or on the public right-of-way adjoining any portion of the Property for
any period of time whatsoever, except while making deliveries or performing services
thereon and except as necessary for the construction, reconstruction or repair of
buildings or structures on the Property including development activity.

5.6 TENTS. TRAILERS. RVs. ETC.

No tent, trailer, mobile home, shed, other outbuilding or living quarter
accessory to the residence and garage shall be erected, reconstructed, place or
suffered to remain on any Sublot. The following structures are not permitted;
children's playhouses, outdoor play sets and swing sets. No metal swing sets are
permitted. No children’s playhouses, or playsets, trampoline or any kind of outdoor
play apparatus are permitted. A greenhouse attached to the residence and within the
building pad, a gazebo or similar landscape feature approved by the Declarant and the
City of Westlake shall be permitted. All said exceptions must be of a design and style
and placed in a location compatible with community standards and approved by the
Developer/Declarant. Any structure permitted hereunder shall be similar to,
compatible with or matching the exterior character, design and type of construction
of the residence, and the aggregate ground floor area of all such structures shall not
exceed one hundred and fifty (150') square feet of space. All such structures shall not
exceed Eighteen (18') in length or width. All structures and their location must be
approved by the Developer/Declarant, the Homeowners Association and the City of
Westlake prior to construction. No vehicle, equipment or other chattel may be stored
on any Sublot between the residence and on any public or private street. No sheds of
any kind attached or unattached shall be permitted.

5.7. POLES, WIRES, ANTENNAE AND SATELLITE DISHES.

No poles, wires, visible antennae or other facilities for the transmission of
radio, television or other electromagnetic signals shall be placed or maintained on
any Sublot without the prior approval of the Declarant or the Homeowners
Association. Large (over 30-inch diameter) satellite dishes are prohibited. This
provision shall not apply to temporary facilities for the construction or repair of any
building or other structure.

5.8 MAIN STRUCTURES. (See Exhibit E)

Page 8 of 33

The main structures will be single family homes with European inspired country
style architecture with a contemporary twist. The overall look of the single-family homes
will be as those examples as shown in Exhibit E.

5.9 OTHERSTRUCTURES.

No permitted building or other structure shall be erected, reconstructed or
permitted to remain on any Sublot except within the building pad designated in the
subdivision plat in accordance with the provisions of the then current zoning and
building ordinances applicable in the City. No aboveground swimming pools are
permitted. An in-ground swimming pool or hot tub together with appropriate
machinery, equipment and enclosure or a privacy screen with prior approval of the
Developer/Declarant, the City of Westlake or the Homeowners Association and may
be constructed and maintained on a Sublot provided that it is within the building pad
and a minimum of 10 feet from the Property line or 30’ from the rear property line.
Swimming pools, hot tub or spas shall be constructed, erected or may remain inside
or outside of the building pad on any Sublot, unless the Declarant, Architectural
Review Board or the City of Westlake shall give prior approval. Developer its
successors, their officers, employees, representatives, agents or assigns of any kind
shall be held harmless from any and all claims, damages, expenses (including
reasonable attorney fees) and causes of action whatsoever with regard to any
accessory structures, pools, hot tubs, spas or any activities associated there within.

Air Conditioning Units are prohibited from being placed anywhere in front of the

homes.

5.10 MAINTENANCE AND REPAIR.

Owners shall maintain their Sublot in a clean and safe condition and in good
order and repair, including, but not limited to, the seeding, watering and mowing of
all lawns, the pruning of trees, mulching of beds, shrubbery and grass, the painting or
other appropriate external care of all improvements located thereon, and such
Owners shall avoid conditions constituting violations of applicable building, fire and
health codes, all ina manner and with such frequency as is consistent with good
property management and community standards. All exterior maintenance, repairs,
additions, and external improvements to any structure shall be done in a manner to
conform in all particulars to the original structure and shall be done with the same or
matching materials. All Sublots must be planted with grass and maintained to
community standards including mowing of grass and removal of trash. Upon three (3)
day written notice, if any Sublot(s) is not maintained to community standards, all
necessary upkeep may be performed by the Developer or the Association and such
costs for said upkeep shall, if not paid within ten (10) days after receipt of
Developer's invoice, be a lien against said property.

5.11 NUISANCE.
No noxious or other activity constituting an unreasonable source of discomfort
Page 9 of 33

or annoyance, including, but not limited to noise, smell or other nuisance from
activities, pets or other sources shall be carried on upon any portion of the Property
(including the Living Units situated thereon), nor shall anything be done thereon that
may be or become a nuisance or annoyance to other Owners. The Declarant shall have
the sole discretion to determine what is "reasonable" and what is "unreasonable" and
Developer's decision, in this regard, shall be binding and non-appealable.

5.12 ANIMALS.

No animals, livestock, reptiles or poultry of any kind shall be raised, bred or
kept on any portion of the Property (including the Living Units situated thereon),
except that dogs, cats, birds and other customary household pets may be kept within
the residence located on the Sublot, provided that they are not kept, bred or
maintained for any commercial purpose, and provided, further, that any such pet
causing or creating a nuisance or unreasonable disturbance or annoyance shall be
permanently removed from theProperty upon three (3) days advance written notice
from the Declarant. No dog or any other animal shall be boarded outside or about the
Property. All pets or any approved or acceptable animal must be boarded within the
Living Unit. All pets, dogs in particular, must in no way disturb or interfere with
residents and guests’ ability to traverse any portion of the community pathway areas
or any and all common areas. Dogs shall always whenever they are outside a Living
Unit be confined on a leash held by a responsible person (provided, however, dogs
may be allowed to remain off leashes when restrained within any Sublot by an
invisible fence system provided such restraint remains effective). Owners shall
assume full responsibility for actions of their pets at all times. Owners shall be
responsible for cleaning up of their pets’ waste at all times on their Property or within
any portion of The Rockefeller Estates Subdivision. The Homeowners Association
shall have absolute power to prohibit a pet or animal of any kind from being kept on
the Property or within a Living Unit if it finds a violation of this Section.

5.13 FENCES. WALLS and MASONRY COLUMNS.

5.13.1 MASONRY COLUMNS

Stone, brick, or masonry comer posts shall be permitted on all Sublots with prior
written approval of the Developer/Declarant and used for decorative or landscaping
purposes unless it unreasonably obstructs the view of any adjacent lots.

5.13.2 FENCES POOLS AND ADDITIONAL STRUCTURES

No building, fence, wall or other structure, including without limitation swimming
pools or playsets shall be erected, constructed, reconstructed, placed, altered or
suffered to remain on any Sublot and no grade shall be established unless and until
the plans and specifications showing the size, height, type and material of
construction thereof and the location of the same have been submitted to and
approved by Developer and the City of Westlake if required as to the purpose,

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harmony of the external design, the location in relation to surrounding structures
including the topography and conformity with any common plan for use or drainage
of the Property and these Restrictions. The location and design of any swimming pool
shall be expressly approved in advance by the Developer/Declarant and the City of
Westlake if required. Thereafter, such structure or grade shall be constructed in the
approved location and in accordance with the approved plans and specifications.
Upon the expiration of the Development Period approval of fences and additional
structures shall be obtained by the Homeowners Association of the City of Westlake, if

required. Fences being utilized on the exterior landscaping is shown in Exhibit G
Attached.

5.14 SIGNS.

State laws and City ordinances regulate the location of signs within street
right-of- ways. Any sign, banner, flag or promotional device in or on any Lot;
Property, street, street right-of-way, cul-de-sac island, or median within the Property
including all Common Areas and Amenities shall be prohibited, without the prior
written approval of the Declarant/Developer or as the case may be the Homeowners
Association or the City of Westlake. Owner must obtain prior approval for signs,
banners, flags or promotional devices displayed on Sublots which must be
aesthetically pleasing non-provocative and in keeping with the character of the
community and kept in good repair. No signs, banners, flags, or promotional devices
shall be lighted or accompanied by music or sound, or be distracting to motorists.
Declarant, Association approval of the sign does not connote approval of the message.
The Developer/Declarant reserves the right to use signage in any manner which may
be required for the wellbeing of the community and in the promotion of The
Rockefeller Estates and any of its lot sales. The Builder with prior approval by the
Developer/Declarant may use signage in the subdivision as provided that they are in
compliance with all City of Westlake ordinances and as long as the builder is
marketing homes within the subdivision.

5.15 STORAGE OF MATERIAL AND TRASH HANDLING.

No lumber, metals, bulk material, refuse or trash shall be burned, whether in
indooror outdoor incinerators or otherwise (excluding the burning of firewood in a
fireplace) nor shall any such material be kept, stored or allowed to accumulate on
any portion of the Property, except for normal residential accumulation pending
pick-up and except building materials during the course of construction or
reconstruction of any approved building or structure. An exception is firewood to be
used by the Owner that is neatly stacked in a manner that is aesthetically pleasing to
the neighbors which may be stored within Living Units, on patio areas within the
building pad or in other areas designated by the Declarant/Developer. If trash of
other refuse is to be disposed of by being picked up and carried away on a regular

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recurring basis, containers may be placed in the open the night before or on any day
that a pick-up is to be made, thereby providing access to persons making such pick-
up. At all other times such containers shall be stored in such manner that they
cannot be seen from adjacent and surrounding property. No dumping of rubbish shall
be permitted on any portion of the Property. Anything herein to the contrary
notwithstanding, the Declarant/Developer or the Homeowners Association may
adopt rules or regulations which permit burning, or incineration or storage of refuse
or trash and types of storage containers if the same becomes reasonably necessary for
the safety, health or welfare of the Owners and is permitted by law.

5.16 COMMERCIAL OR PROFESSIONAL USES

Except as expressly permitted in these Restrictions or the Homeowners
Association or by rules adopted in accordance with these Covenants, no industry,
business, trade or full-time occupation or profession of any kind, commercial,
educational, or otherwise, designated for profit, altruism, exploration or otherwise,
shall be conducted, maintained or permitted on any part of the Property; provided,
however, an Owner or occupant may use a portion of his or her Living Unit for his
office or studio, so long as the activities therein shall not interfere with the quiet
enjoyment or comfort of any other Owner or occupant and such use does not result
in the Living Unit becoming principally an office, school or studio as distinct from a
Living Unit. Furthermore, no trade or business may be conducted in or from any
Living Unit unless it is in compliance with City of Westlake ordinances and without
first obtaining the prior written approval of Developer/Declarant, or the
Homeowners Association. Such approval may be granted so long as (a) the existence
or operation of the business activity is not apparent or detectable by sight, sound or
smell from outside the Living Unit; (b) the business activity conforms to all zoning
requirements for the Property; (c) the business activity does not involve persons
coming onto the Property who do not reside in the Property except by appointment
only; (d) the business activity does not involve solicitation of Owners of Sublots; and
(e) the business activity is consistent with the residential character of the Property
and does not constitute a nuisance or hazardous or offensive use, or threaten the
security or safety or quiet enjoyment of other residents of the Property, as may be
determined in the sole discretion of the Declarant or Association. The
Developer/Declarant, or the Homeowners Association may adopt rules which
intensify, relax or amend the prohibitions of these restrictions. Nothing in this Section
shall preclude the leasing of a Living Unit by the Developer/Declarant or the
Homeowners Association.

5.17 TREES.

Owners of Sublots 1 through 5 shall be responsible for planting (4) trees per
Sublot with a minimum of Two (2) in the front yard and Two (2) in the rear yard. Only
two (2) evergreen trees shall count towards the front yard and rear yard tree
minimum. Owner shall provide and maintain adequate landscaping of their Sublot in
accordance with a landscaping requirement as such plan may be modified from time
to time by Developer, in its sole discretion. The homeowner may modify landscaping
requirements by adding more trees or plantings than the minimum requirements set
forth herein. Tree trunks shall be a diameter of no less than three (3) inches a

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minimum of two (2) feet from the ground of a type approved by the Declarant or the
Association. The trees upon each Sublot shall be maintained by Owner to the fullest
extent possible. No trees shall be removed therefrom unless necessary for reasonable
residential building purpose, the establishment of sublot grades and related
permitted usage or unless the same shall be diseased or damaged. In order to
maintain and preserve the character of the community, upon completion of the
construction of the home and establishment of final grade, no tree shall be removed
without prior approval of the Developer/Declarant or the City of Westlake if required.
In the event a tree must be removed the Owner shall be required to provide for one
(1) replacement tree. Field fruit and garden crops may be raised, but only in the rear
yard and only for the consumption by the residents of each Sublot. Every reasonable
effort shall be made to protect and preserve the natural characteristics of the land
and each Sublot and to avoid soil erosion and the introduction of any material which
will damage the soil or vegetation or contaminate the same or pollute the water table
or any permanent or temporary streams of water courses or standing water.

5.18 LANDSCAPING.

Owner shall within six (6) months of taking title to the Lot be responsible for
planting and maintaining a lawn, consistent with any landscaping plan required by
the Developer. The Owner and/or builder of the home on the Sublot shall be
responsible for installing a landscaping plan for each house which plan shall be
approved by the Developer. All landscaping plantings and features shall be
maintained at all times in such amanner that is consistent with community standards
including but not limited to regular or seasonal cutting, mulching, pruning and
trimming of trees, bushes, grass and other plantings. All initial plantings for new
homes shall be of a minimum size as specified herein The Owner shall be responsible
and shall ensure adherence to rear yard-landscaping plan as set forth by the Builder
and subject to approval by Developer and the landscaping plan shall be in keeping
with the community standards. Owners shall be encouraged to pay equal attention to
the rear yard landscaping as the front yard. It is a required minimum that the Owners
install nursery quality plantings of approximately a 3-gallon container size, meaning
mature and well-formed plantings for their initial landscaping scheme. The
landscaping plan for all Lots shall include a minimum number of plantings in the front
yard and rear yard as specified herein for each Sublot. Floral gardens, rock gardens,
shrubbery and bushes shall be permitted on Sublots. Only one small vegetable garden
less than 80sf shall be permitted and confined to rear yards on all Sublots and within
the rear building pads. The landscaping plants for all Homes shall include a minimum
of 10 (Ten) shrubbery or floral bushes, plantings in the front yard and 10 (Ten)
shrubbery or floral bushes in the rear yard. All landscaping materials shall be of
nursery quality with a minimum of three (3) gallon container size, (meaning mature
and_ well-formed plantings). The landscaping requirements set by _ the
Developer/Declarant is a minimum standard and shall not be reduced or adversely
modified by Owner or builder.

5.19 GRADING.
The Development’s grading plan as approved by the City of Westlake is the

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established grades to be used. The Owner shall be responsible for the cost, installation
and proper drainage plan for their Sublot. Any home abutting the Master Plan
Amenities shall be required to have adequate drainage (as solely determined by the
Developer) that does not allow improper drainage of the Owner's storm runoff onto
the other properties, abutting Sublots and the Homeowners Association Amenities.
No Person shall change the grade on any portion of the Property without first
obtaining the written consent of the Developer/Declarant and the City of Westlake.
Within sixty (60) days after the transfer of an ownership interest in the Lot, all Lots
shall be graded in such a manner as to not impound water or cause undue run-off to
an adjacent Sublot, Homeowners Association Amenities or any abutting property.
Front, side and rear drains shall be installed at Owner's expense to effect required
remedies and all drainage shall be in accordance with all City ordinances.

5.20 DRAINAGE

The Owner or those building the home on the Sublot shall not interfere with
the free flow of water through any drainage lines, ditches, swales, drainage plans or
storm sewers within the Property, easement or anywhere within the entire
Rockefeller Estates subdivision. The City of Westlake, the Developer and the
Homeowners Association and their respective agents shall have the right to enter
upon all drainage areas throughout the entire Rockefeller Estates including but not
limited to the Common Areas, easement areas and any Sublots, when and if
necessary, for access to the Property or Homeowners Association Amenities to repair
and maintain all storm, drainage courses, ditches, structures and appurtenances,
fountains including, without limitation, the lake(s) within the Property, for the
purpose of relieving any impounded water, flooding or threatened flooding condition
or to make the repairs of any kind on or adjacent to any Sublots where storm drainage
lines have been installed within the easement area or Property including all lakes
and/or ponds controlled by Developer/Declarant, or The Rockefeller Estates.
Builders and Owners must have prior approval before tapping into storm lines within
rear yard easement, including the construction of homes, landscaping of any kind or
installation of storm inlets. Owners and builders shall be responsible for repairing any
areas disturbed during installation of any improvements, this includes replacing
grass, trees, or of any other improvements within the subdivision property. In the
event the grading of the Sublot shall cause impounding of water or undue run-off to an
adjacent sublot, or any abutting property as determined in the sole discretion of the
Developer/Declarant, the Owner shall be responsible for installing drain, drain lines
or other similar remedy as required by the Developer/Declarant.

5.21 DECKS and PATIOS

Unless otherwise stated, no decks or patios shall be permitted on side-yards of
Sublots unless they are within the building pad with the exception of side courtyard
designed homes where the side courtyard shall be permitted within one foot of the
property line. All decks or patios constructed in The Rockefeller Estates at least
thirty (30) feet from the rear lot line on all Sublots. The provisions for replacement of

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trees shall apply in the case of removal of trees for construction of decks and patios.
The surface of a deck must not be higher than the bottom of the primary rear
entrance door to the residence or the sliders. Construction of decks and patios must
be in accord with City ordinances and approved by the City or Developer prior to
construction. All decks, railings and accessories shall meet or exceed the minimum
requirements of the building codes of the City. Acceptable materials for the top
surface of the deck shall be engineered materials such as, 'Choice Deck’, 'Trex', or
other solid surface composite materials approved by Developer/Declarant or
Homeowners Association. Subframe may be of ACQ (aluminum, copper, alkaline)
treated materials or other similar materials. No ACQ treated materials shall be
utilized for spindles, handrails, posts nor other unfinished wood railing systems and
no exposed ACQ treated materials are permitted to be visible as part of the deck
structures. No ACQ treated materials shall be used on any exterior appurtenances
such as sidings for decks, steps, balconies, accessory structures, except for
substructural purposes. Acceptable railing systems shall be 'maintenance free’
engineered materials stated above or PVC railing systems or similar composite
materials. ACQ treated materials for subframe is acceptable. Redwood or cedar with
clear or painted finishes are acceptable for top surfaces or railing systems. All
exposed patio surface materials are to be slate, brick or masonry material with a
finished appearance or a stone or brick finish, compatible and complimentary to the
residence. Decks shall be inset at least ten (10) feet from either rear corner of the
residence (meeting point of side and rear outside walls) where necessary, so as not to
unreasonably inhibit the view of neighbors.

5.22 TEMPORARY STEPS

Steps made of wood used for purposes of ingress and egress or for obtaining
an occupancy permit shall be replaced with permanent steps within six (6) months of
the Owner taking title to the Lot. Permanent steps shall be of stone, brick, cement or
other similar materials.

5.23 FACADES. (See Exhibits B, D and E)

Each front facade of all homes shall be constructed of a blend of natural brick,
natural or cultured or natural stone in earth tones, wood, cement fiber board, or vinyl
cedar shake, cedar type with a 5" or 7" exposure in either a vinyl or Hardie Board
fiber cement shingle with a staggered look or a board and batten style in white or
canvas color tones or similar looking material of equal or superior quality,natural or
any other material approved by the Declarant in advance, provided, however, that
the front facade of all homes must include 40 % natural brick, natural or cultured
stone or other similar masonry material or a fiber cement product. Hardie board or
similar materials shall count towards the requirements of brick, stone or cultured
stone. No horizontal siding is permitted on the front of any home only on the sides
and rear elevation. No Stucco or acrylic stucco products are to be used on any home
in the Five.

5.24 Trim Materials. (See Exhibits B, D and E)

No aluminum, or metal siding shall be permitted on homes in The Rockefeller
Estates

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All full height, fully exposed chimney exteriors on all homes shall be of stone or
brick or facing stone is permitted and no metal, wood, or vinyl siding shall be allowed.
All colors and designs shall be consistent with community standards and approved by
the Association, which approval will not be unreasonably withheld. Facing brick or
facing stone is permitted on the exterior portion of an interior chimney where the
exterior- finishing portion of the chimney finishes on the roof. All patio fireplaces
must be masonry. However, a patio fireplace may include a prefabricated firebox
surrounded by masonry on the side and rear elevations. Only a "doghouse" enclosure
of direct vent interior gas fireplace shall be permitted.

5.25 BASEMENTS.

Cement block building material is permitted but must have brick facing above
grade on all exterior sides. Poured cement walls are permitted without stone, stucco
or brick facing above grade but all exterior sides if poured, shall have simulated brick
cement forms with the appearance of real brick.

related to sump pumps.

5.26.2 CLAY DAMS
Clay dams shall be placed in trenches around all sanitary and storm sewer house
and yard drain service connections. The clay dam is to prevent groundwater from
following sewer trenches into building foundations and yard drainage inlets. The clay
dam shall consist of bentonite clay, 3'- 0" thick for the full width of the trench and be
within 12 inches of the final ground surface. Clay dams shall not be located under
paved surfaces.

5.26.3 MAILBOXES Common Master Mailbox shall be of a type and height approved
by the Postal Service.

5.27 ADDRESS STONES.

Address Stones or plaques shall be required on all residences and shall be
located within the approximate area for the front main entrance way approximately
sixty inches (60") above the bottom of the door on the front facade. All address
stones or plaques are to be twelve to sixteen inches (12"-16") long, by approximately
eight inches (8") in height, with engraved numerals, four inches (4") in height and
made of stone in a style and color in keeping with the design and color of the
dwelling.

5.28 ROOF PITCHES.

Primary roof pitches shall be of minimum average ratio of 9/12 pitch with
consideration for architectural criteria necessities such as connecting elements of the
roof line or garages. Exceptions permitted shall be for design specifications where
deviations from the minimum required average ratio of 9/12 is necessary to achieve

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the proper architectural relationships of the various rooflines, such as interior height
of room walls, great rooms, foyers etc. On a combination hip roof, the average pitch
combining front to back and side to side would be equal to no less than an average
9/12 pitch or as necessary for the architectural design or structural integrity. All such
exceptions must represent a necessary deviation from the requirements and to
accommodate architectural requirements. All exceptions must have prior approval
from the Developer/Declarant or the Homeowners Association. The granting of any
exceptions or exemptions for architectural purpose shall be on an individual basis and
does not create a license or permission for any other home design and shall not be
construed as such.

5.29 ROOF SHINGLES. (See Exhibit D)

Roof Shingles shall be dimensional style shingles or roofing products such as a
CertainTeed Landmark Product and limited in color of grays, and blacks such as a
Moire Black color or equivalent and in keeping with the design characteristics of the
home. Shingles shall be of high-quality material bearing a guarantee of at least thirty
(30) years specifically excluding all 3-tab shingles. All shingles used shall be
architecturally dimensional such as 'shake looking’ shingles or similar dimensional
style shingles. The intention of this Restriction is to insure the use of the highest-
grade shingles with respect to quality and application characteristics. In the event of
storm damage, repairs or replacement of shingles for any reason, all shingle
replacement materialmust be compatible in appearance, color and design.

5.30 SETBACKS.

Front and rear setbacks are set forth in the last recorded plat, which is
incorporated herein by reference. Front rear and side yard setbacks on each side of
the lot shall be as delineated on the most recent record plat. The Developer shall have
the right to make the final decision on any exemptions from this requirement subject
to the appropriate provision of City of Westlake’s ordinances or settle disputes
regarding setbacks.

5.31 LOT COMBINATIONS.

The combining of 2 or more lots is prohibited in the Rockefeller Estates
Subdivision without the City of Westlake and the Rockefeller Homeowners
Association.

5.32 LIGHT POST AND EXTERIOR LIGHTS.

All homes shall be required to have an electric post light or mounted exterior
cast Aluminum with photocells for lights on the front elevation or coach lights in the
front and rear yards. If there is a post light it is to be located in the front yard, set
ten (10) feet outside the front yard set back toward the street and set five (5) foot
from the driveway toward the interior of the front yard. All coach lights in the front
and rear of the home shall be located in a manner compatible with community
standards. All lots shall be required to have a coach or designer style exterior lighting
attached to the residence near the rear exit door or an electric post light with photo

Page 17 of 33

cells in the rear yard with the light post located approximately five (5) feet from any
side yard property line. All light fixtures shall be of superior quality and of a color
and design in keeping with the architectural design of the home and consistent with
community standards. All exterior lighting on the front elevation must be solar
powered with the following specifications of the lights being greater than 3000k color
temperature.

5.33 COLORS. (See Exhibit D)

All exterior material and color selection must be approved by the
Developer/Declarant or Homeowners Association. The architectural style of the
dwelling, in most cases, will dictate the proper range of materials and colors.
Materials and colors, which are appropriate to one architectural style, may be
inappropriate to another. It is preferable that colors (and materials) be earth tones in
harmony with the natural setting. Muted earth tones in the canvas, gray and gray-
green ranges are compatible with the hues of the landscape, and are, therefore, most
appropriate.

All builders are required to follow the best management practices during and
after construction as established by the Ohio EPA.

5.34 CONSTRUCTION FENCES

Builder shall be responsible for the installation and maintenance of a
temporary construction fence of a type determined by the Developer/Declarant, on
the front, rear and sides of any home under construction in the Five Subdivision.

5.35 CONFLICT IN PROVISIONS.

If any Restriction stated above shall be in conflict with one another, the
Developer/Declarant or the Homeowners Association shall be the final arbiter
thereafter the stricter interpretations shall prevail.

HOMEOWNERS ASSOCIATION

6.1 HOMEOWNERS' ASSOCIATION.
Developer shall establish and form The Rockefeller Estates Homeowners’
Association, LLC. ("Association"). All Sublot Owners shall become members of
the Association.

(a) Every Owner shall upon conveyance of a Sublot automatically be a member of
the Homeowners Association, provided that if more than one person or entity
is the owner of any portion of the Property, such joint owners shall collectively
have one (1) vote on all matters to be voted upon by the members of the

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Association. Until expiration of the Development Period, the Developer
reserves the right to appoint the Board of Trustees of the Association.

(b) The Association shall initially adopt such Bylaws as provided by the Developer,

which Bylaws may be amended from time to time, and shall conduct its
affairs in such manner as its members and trustees shall determine provided.

repair, replacement and management of the Common Areas owned or
controlled by Association, including the storm water detention areas and
improvements designated on any subdivision plan including but not limited to
entrance way, landscape features, trees, greenery, architectural features,
lighting, and irrigation systems and of any common areas, landscape mounds
or green areas located within the Property, rear yard inlets and drain lines
including but not limited to such maintenance, upkeep, repair, replacement
and management, as shall from time to time be required by the City. The
Association shall not construct any improvement or structure or retain any
obstruction in the Common Areas. The Owner of each Sublot shall be
responsible for and shall pay for his or her pro rata share of the cost of such
maintenance, upkeep, repairs, replacements and management.

(d) By acceptance of a deed for a Sublot or any other interest in the Property

subject to these Restrictions, each subsequent Owner consents to the
performance by the Association of such maintenance, upkeep, repair,
replacement and management, and for the reservation by Developer for the
benefit of the Association such easements, if any, as may be necessary to
perform such maintenance, upkeep, repair, replacement and/or management.

(e) The Owner of each Sublot shall pay annual dues and/or assessments to the

(f)

Association as the case may be and a one (1) time application fee for
membership to the Association. New Owners joining the Association shall be
charged an application fee and a prorate share of the annual dues equal to the
number of months remaining in the calendar year in which they became
members of the Association. The dues provide for the cost of the maintenance,
upkeep, repairs, replacements and management required herein, and any
special assessments necessary for emergencies, operating, maintenance or
costs of capital expenditures. Fees and assessments shall not apply to builders
purchasing lots from Developer.

The Association shall have a lien upon any Sublot for the payment of dues and
assessments, as provided in the Bylaws, to the Association or chargeable to
such Sublot which remain unpaid for ten (10) days after the same have
become due and payable, from the time a certificate therefore is subscribed by
the President of the Association and filed with the Recorder of Lorain county,
Ohio pursuant to authorization given by its Board of Trustees of the
Association until paid in full. Such certificate shall contain a description of the
Sublot, the name or names of the record Owner, and the amount of the unpaid
dues, assessments or cost of repairs or replacement. This shall not, however,

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prevent the Association from obtaining any other lien in any manner permitted
by law.

(g) The lien provided for in these Restrictions shall have priority over any lien or
encumbrance subsequently arising or created except liens for real estate taxes
and assessments and liens of bona fide first mortgages which have previously
been filedfor record, and may be foreclosed in the same manner as a mortgage
in an action brought by the Association. The Developer and Association shall
be entitled to recover their attorney fees incurred in enforcing any of the
Restrictions contained herein as well as collecting any dues or assessments
owed to the Association in the event they are considered the prevailing party
in anyaction to enforce the Restrictions or collect dues or assessments.

GENERAL PROVISIONS

7.1 COPY TO PURCHASER

A copy of these Provisions and Restrictions shall be furnished to the purchaser
of each Sublot or home prior to the transfer of Sublot and receipt shall be
acknowledged by the Purchaser.

7.2 COVENANTS RUNNING WITH THE LAND

These Provisions and Restrictions shall be covenants running with the land
and the breach thereof or the continuance of any such breach may be enjoined by the
Declarant or by the Owner of any interest in any Sublot or by the Homeowners
Association.

7.3. NON-WAIVER

No delay or omission on the part of the Developer/Declarant, Homeowners
Association, or the Owners of the Sublots in exercising any rights, power or remedy
herein provided, in the event of any breach of these Provisions and Restrictions, shall
be construed as a waiver thereof or acquiescence therein and no right of action shall
accrue nor shall any action be brought or maintained by anyone whatsoever against
Developer for or on account of its failure to bring any action or account of any breach
of these Restrictions or for imposing restrictions which may be unenforceable

74 PROPERTY SUBJECT TO RESTRICTIONS
Developer/Declarant reserves the right to subject any part or all of the
Property to these Provisions and Restrictions and in such event the Owner of any
Sublot subject to these Provisions and Restrictions shall be required to be a member
of the Homeowners Association subject to all of the rights, privileges, benefits,
Page 20 of 33

obligations to which all other members are subject including, but not limited to, the
obligations contained in these Provisions and Restrictions or, as appropriate. Such
reservation shall expire upon transfer of ownership of all of the Entire Property to
homeowner.

7.55 AMENDMENT

Declarant shall have the right at any time to amend this Declaration to comply
with governmental requirements or to achieve the architectural integrity of the
Rockefeller Estates Subdivision; provided, however, that no such modifications,
exceptthose required by law, shall apply retroactively to an existing Owner.

Thereafter, as provided in the Bylaws, Amendment of the Declaration shall require a
majority of the voting power of Members voting at a duly called and noticed meeting
called for such purpose. Each Amendment to this Declaration shall be effective when
signed by the Declarant or the Association Secretary as the case may be and filed for
record with the Cuyahoga County Recorder.

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EXHIBIT E

House Styles and Floor Plans

EXHIBIT “A”

Plan of Property

EXHIBIT "C"
The Community House Plan Minimum Requirements

The Sublots listed below are designated as The Rockefeller Estates Community Plan
as set forth in the Restrictions and require compliance with the Declaration and all
Covenants and Restrictions, except for those Sublots where restrictions have been
specifically modified herein and contained in the "Exemptions and Exceptions."

SUBLOTS LIVING AREA/SOQUARE FOOTAGE
n r 2200 sq. ft. Minimum
ne and One Half Stor 2400 sq. ft. Minimum

Two Story 2800 sq. ft. Minimum

Exterior Siding requires are set forth in Exhibit “B" - Exterior Siding Requirements.
Front and Rear setbacks as set forth in the last recorded plat.

Side setbacks shall be as set forth and defined in the documents or as set forth in the last
recorded plat.

*Note: Variations to the rear and side setbacks may be made on an individual basis,
subject to specifications of the City Ordinances and with prior approval of the Developer,
or by the Architectural Review Board of the Association.

EXHIBIT "B"

EXTERIOR SIDING REQUIREMENT (Including Chimney)

40 % front to be brick, 100% rear sides to be | 100 % Sides shall be brick,
cultured stone, or brick, natural stone or | natural or cultured stone or
natural stone other cultured stone or other | other similar masonry
similar masonry material similar masonry materials, including
including cement fiber material including cement fiber board such as
board such as Hardie cement fiber board Hardie Board siding as set
Board). such as Hardie Board forth in Section 5.22.

20% of the Front or vinyl as set forth in| Vinyl siding is permitted
Requirement can be a Section 5.22. per Section 5.22.

cement fiber board such as

Hardie Board as set forth in

Section 5.22. No horizontal

siding is permitted on the

front facade of any home on

any Sublot. Vinyl Siding is

Permitted.

1) Siding: The front facade shall be in brick, natural or cultured stone, cement fiber board
in a cedar shake or vinyl in a shake or horizontal Farm house style as specified in Section
5.22 and shall be permitted on the side and rear facades. No other horizontal siding shall be
permitted on the front facade.

2) Chimneys: All chimneys on the exterior of the homes must be in either brick,
cultured stone or real stone.

Note: Soffits, fascia and gables ends of Azek material are permitted.

The Rockefeller Estates Guideline
Handbook with Provisions,
Restrictions and Standards for the
Construction of Single-Family Homes

DEFINITIONS:
1.1. GENERAL DEFINITIONS:

(b) "Association" shall mean and refer to The Rockefeller Estates
Homeowners’ Association LLC) During the Development Period and prior to
the time when Class A membership equals the total votes outstanding in Class
B membership as set forth in The Rockefeller Estates Declaration and
Bylaws, the Declarant shall have all of the rights of the Association, including
enforcement of these Covenants and appointment of committees and boards.

(d) "City" shall mean the City of Westlake, a municipal corporation organized and
existing under the laws of the State of Ohio.

(f) "Common Areas" shall mean and refer to all Common Properties shown on
the recorded subdivision plat for The Rockefeller Estates.

(g) "Covenants" and "Restrictions" shall both mean and refer to the obligations
imposed upon Declarant and Owners pursuant to this Declaration of
Covenants, Conditions and Restrictions.

(h) "Declaration and Restrictions" shall mean and refer to this Declaration of
Covenants, Conditions and Restrictions.

(i) "Developer" and "Declarant" shall both mean and_é *refer to
, an Ohio LLC, and its successors and assigns of all

Page 2 of 33

or substantially all of the Properties as defined below.

Q"Properties" shall refer to the entire property shown on the Property Plan,
Exhibit A, and any additions made thereto in accordance with these Covenants.

(M) "Record Plat" shall mean and refer to the last recorded plat for the Properties
as shown on Exhibit A, Plan of Property.

(N)“The Five” shall include Five single family Cluster Lots.

(O) "Square Footage" shall mean the square footage of the living area (heated
or air- conditioned space) specified below, which square footage shall not
include open or enclosed patios, basements or garages. The minimum square
footage for the residence structures that may be built on the Sublots within

Page 3 of 33

The Five are as follows unless stated otherwise in herein.

2.1 Minimum Square Footage’s Requirement - (See Exhibit C)
Sublots 1 through 5 One-story homes - 2 2 0 0 Square Feet

One and one-half story homes - 2400
Square Feet

Two-story homes - 2800 Square Feet

RESERVED EASEMENTS UPON THE PROPERTIES
3.1 SPILLWAY AND RETENTION POND.

3.2 ACCESS ROADS AND EASEMENTS.

3.3 LANDSCAPING AND REAR YARD EASEMENTS.

3.4 SIGNAGE EASEMENT,

The developer has reserved an easement within the first 15 feet of the stone
entrance columns that are set back from Dover Center Road and within the HOA’s
Easement for entrance signage.

3.55 STORM WATER AND SANITARY SEWER EASEMENT AREA.

Page 4 of 33

3.6 PUBLIC UTILITY EASEMENTS.

3.7 TITLET MMON PROPERTY.

MAINTENANCE OBLIGATIONS

4.1 COMMON PROPERTY MAINTENANCE OBLIGATIONS.

Page 5 of 33

Homeowners Association.

4.2 ASSOCIATION'S MAINTENANCE OBLIGATIONS.

4.3 MAINTENANCE OF EASEMENT AREAS LOCATED WITHIN LOTS.

4.4 NOOTHER RESTRICTIONS

GENERAL PROVISIONS AND RESTRICTIONS

5.1 NOTICE TO OWNERS AND BUILDERS.

Page 6 of 33

5.1.1 COMMUNITY PATHWAY/SIDEWALKS

5.1.2 BUILDER CONSTRUCTION AND CLEAN-UP DEPOSIT

5.2 NUMBER OFSTRUCTURES.

5.3. GARAGE.

5.4 STORAGE OF VEHICLES AND MACHINERY: PARKING.

Page 7 of 33

5.5 CONTROL OF TRUCKS. TRAILORS and COMMERCIAL VEHICLES.

5.6 TENTS. TRAILERS. RVs. ETC.

5.7 POLES, WIRES, ANTENNAE AND SATELLITE DISHES.

5.8 MAIN STRUCTURES. (See Exhibit E)

Page 8 of 33

5.9 OTHERSTRUCTURES.

Air Conditioning Units are prohibited from being placed anywhere in front of the

homes.

5.10 MAINTENANCE AND REPAIR.

5.11 NUISANCE.
No noxious or other activity constituting an unreasonable source of discomfort
Page 9 of 33

5.12 ANIMALS.

5.13. FENCES. WALLS and MASONRY COLUMNS.

5.13.1 MASONRY COLUMNS

5.13.2 FENCES POOLS AND ADDITIONAL STRUCTURES

Page 10 of 33

required. Fences being utilized on the exterior landscaping is shown in Exhibit G
Attached.

5.14 SIGNS.

5.15 STORAGE OF MATERIAL AND TRASH HANDLING.

Page 11 of 33

5.16 COMMERCIAL OR PROFESSIONAL USES

5.17 TREES.

Page 12 of 33

5.18 LANDSCAPING.

Owner shall within six (6) months of taking title to the Lot be responsible for
planting and maintaining a lawn, consistent with any landscaping plan required by
the Developer. The Owner and/or builder of the home on the Sublot shall be
responsible for installing a landscaping plan for each house which plan shall be
approved by the Developer. All landscaping plantings and features shall be
maintained at all times in such amanner that is consistent with community standards
including but not limited to regular or seasonal cutting, mulching, pruning and
trimming of trees, bushes, grass and other plantings. All initial plantings for new
homes shall be of a minimum size as specified herein The Owner shall be responsible
and shall ensure adherence to rear yard-landscaping plan as set forth by the Builder
and subject to approval by Developer and the landscaping plan shall be in keeping
with the community standards. Owners shall be encouraged to pay equal attention to
the rear yard landscaping as the front yard. It is a required minimum that the Owners
install nursery quality plantings of approximately a 3-gallon container size, meaning
mature and well-formed plantings for their initial landscaping scheme. The
landscaping plan for all Lots shall include a minimum number of plantings in the front
yard and rear yard as specified herein for each Sublot. Floral gardens, rock gardens,
shrubbery and bushes shall be permitted on Sublots. Only one small vegetable garden
less than 80sf shall be permitted and confined to rear yards on all Sublots and within
the rear building pads. The landscaping plants for all Homes shall include a minimum
of 10 (Ten) shrubbery or floral bushes, plantings in the front yard and 10 (Ten)
shrubbery or floral bushes in the rear yard. All landscaping materials shall be of
nursery quality with a minimum of three (3) gallon container size, (meaning mature
and well-formed plantings). The landscaping requirements set by _ the
Developer/Declarant is a minimum standard and shall not be reduced or adversely
modified by Owner or builder.

5.19 GRADING.
The Development’s grading plan as approved by the City of Westlake is the

Page 13 of 33

5.20 DRAINAGE

5.21 DECKS and PATIOS

Page 14 of 33

trees shall apply in the case of removal of trees for construction of decks and patios.
The surface of a deck must not be higher than the bottom of the primary rear
entrance door to the residence or the sliders. Construction of decks and patios must
be in accord with City ordinances and approved by the City or Developer prior to
construction. All decks, railings and accessories shall meet or exceed the minimum
requirements of the building codes of the City. Acceptable materials for the top
surface of the deck shall be engineered materials such as, 'Choice Deck’, 'Trex', or
other solid surface composite materials approved by Developer/Declarant or
Homeowners Association. Subframe may be of ACQ (aluminum, copper, alkaline)
treated materials or other similar materials. No ACQ treated materials shall be
utilized for spindles, handrails, posts nor other unfinished wood railing systems and
no exposed ACQ treated materials are permitted to be visible as part of the deck
structures. No ACQ treated materials shall be used on any exterior appurtenances
such as sidings for decks, steps, balconies, accessory structures, except for
substructural purposes. Acceptable railing systems shall be ‘maintenance free’
engineered materials stated above or PVC railing systems or similar composite
materials. ACQ treated materials for subframe is acceptable. Redwood or cedar with
clear or painted finishes are acceptable for top surfaces or railing systems. All
exposed patio surface materials are to be slate, brick or masonry material with a
finished appearance or a stone or brick finish, compatible and complimentary to the
residence. Decks shall be inset at least ten (10) feet from either rear corner of the
residence (meeting point of side and rear outside walls) where necessary, so as not to
unreasonably inhibit the view of neighbors.

5.22 TEMPORARY STEPS

5.23 FACADES. (See Exhibits B, D and E)

5.24 Trim Materials. (See Exhibits B, D and E)

No aluminum, or metal siding shall be permitted on homes in The Rockefeller
Estates

Page 15 of 33

5.25 BASEMENTS.

5.26.1 SUMP PUMP REQUIREMENTS.

All homes located on the Property shall comply with the Westlake City's ordinances
related to sump pumps.

5.26.3 MAILBOXES Common Master Mailbox shall be of a type and height approved
by the Postal Service.

5.27 ADDRESS STONES.

5.28 ROOF PITCHES.

Page 16 of 33

5.29 ROOF SHINGLES. (See Exhibit D)

Roof Shingles shall be dimensional style shingles or roofing products such as a
CertainTeed Landmark Product and limited in color of grays, and blacks such as a
Moire Black color or equivalent and in keeping with the design characteristics of the
home. Shingles shall be of high-quality material bearing a guarantee of at least thirty
(30) years specifically excluding all 3-tab shingles. All shingles used shall be
architecturally dimensional such as ‘shake looking’ shingles or similar dimensional
style shingles. The intention of this Restriction is to insure the use of the highest-
grade shingles with respect to quality and application characteristics. In the event of
storm damage, repairs or replacement of shingles for any reason, all shingle
replacement materialmust be compatible in appearance, color and design.

5.30 SETBACKS.

5.31 LOT COMBINATIONS.

The combining of 2 or more lots is prohibited in the Rockefeller Estates
Subdivision without the City of Westlake and the Rockefeller Homeowners
Association.

5.32 LIGHT POST AND EXTERIOR LIGHTS.

Page 17 of 33

community standards. All exterior lighting on the front elevation must be solar
powered with the following specifications of the lights being greater than 3000k color
temperature.

5.33 COLORS. (See Exhibit D)

All builders are required to follow the best management practices during and
after construction as established by the Ohio EPA.

5.34 CONSTRUCTION FENCES

5.35 CONFLICT IN PROVISIONS.

HOMEOWNERS' ASSOCIATION

6.1 HOMEOWNERS' ASSOCIATION.
Developer shall establish and form The Rockefeller Estates Homeowners'
Association, LLC. ("Association"). All Sublot Owners shall become members of
the Association.

Page 18 of 33

Association. Until expiration of the Development Period, the Developer
reserves the right to appoint the Board of Trustees of the Association.

(b) The Association shall initially adopt such Bylaws as provided by the Developer,

which Bylaws may be amended from time to time, and shall conduct its
affairs in such manner as its members and trustees shall determine provided.

(d) By acceptance of a deed for a Sublot or any other interest in the Property

(e) The Owner of each Sublot shall pay annual dues and/or assessments to the

(f)

Page 19 of 33

prevent the Association from obtaining any other lien in any manner permitted
by law.

GENERAL PROVISIONS

7.1 CO PURCHASER

A copy of these Provisions and Restrictions shall be furnished to the purchaser
of each Sublot or home prior to the transfer of Sublot and receipt shall be
acknowledged by the Purchaser.

7.2 COVENANTS RUNNING WITH THE LAND

7.3. NON-WAIVER

7.4 PROPERTY SUBJECT TO RESTRICTIONS

Developer/Declarant reserves the right to subject any part or all of the
Property to these Provisions and Restrictions and in such event the Owner of any
Sublot subject to these Provisions and Restrictions shall be required to be a member
of the Homeowners Association subject to all of the rights, privileges, benefits,

Page 20 of 33

7.5 AMENDMENT

Page 21 of 33

i)
to

EXHIBIT “A”

Plan of Property

RPK
ENONEERNG

10601 Hilard Re. Suites
Rocky River, OH 44118

IMPROVEMENT PLANS
for
NEW TOWNHOUSES

at
ROCKEFELLER STATES OF WESTLAKE

1636 DOVER CENTER ROAD
COUNTY OF CUYAHOGA, STATE OF OHIO 44145

NOVEMBER 2025

DEVELOPER:

SPACE REAL ESTATE DESIGN AND. ees eo j Ais DRAWING INDEX
DEVELOPMENT LLC : Sores fs %y i Ae

1450 STONE COURT i patsy } a

peed thoy banda : < rate a ee fee SHEET DESCRIPTION
CONTACT: WALID M. DARDIR ° o Wied : |

PHONE: (216) 526-9663 *

or] TITLESHEET
- ee Fe | as C2 SITE LAYOUT PLAN
os 4 ys | ed C34 STORM ANDUTILITY PLAN (WEST)
: ; : H see 32 STORM ANDUTILITY PLAN (EAST)

ARCHITECT:

CIVIL ENGINEER:

RPK ENGINEERING

18501 HILLARD RD, SUITE 613,
ROCKY RIVER, OHIO 44116
CONTACT: ROBERT KELLY
PHONE: (440) 689-5364

SURVEYOR:

ALBER AND RICE, INC.

31913 COOK ROAD

NORTH RIDGEVILLE, OHIO 44039
CONTACT: JAMI KING

PHONE: (216) 252-7840

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LOCATION MAP

NOT TO SCALE

UTILITIES
SANITARY SEWER: ELECTRIC:

CITY OF WESTLAKE THE ILLUMINATING COMPANY

27700 HILLIARD BLVD (200) 899-4768

WESTLAKE, OH 44145 GAS:

(440) 871-8300 COLUMBIA GAS of OHIO (800) 344.4077
CABLE TV:

AT&T DIRECT TV & INTERNET
CITY OF CLEVELAND, WATER DIVISION SPECTRUM

oeeeecuat BREEZELINE

0, OH 44114 .

(440) 664.2444 QHIO81 1 (OUPS):
B41 -r (00) 344-4077

WATER:

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ROCKEFELLER ESTATES
DEVELOPMENT PLANS
PRELININARYY

EXHIBIT "B"

EXTERIOR SIDING REQUIREMENT (Including Chimney)

Sublots 40 % front to be brick, 100% rear sides to be | 100 % Sides shall be brick,
1-5 cultured stone, or brick, natural stone or | natural or cultured stone or
natural stone other cultured stone or other | other similar masonry
similar masonry material similar masonry materials, including
including cement fiber material including cement fiber board such as
board such as Hardie cement fiber board Hardie Board siding as set
Board). such as Hardie Board | forth in Section 5.22.
20% of the Front or vinyl as set forth in | Vinyl siding is permitted
Requirement can be a Section 5.22. per Section 5.22.
cement fiber board such as
Hardie Board as set forth in
Section 5.22. No horizontal
siding is permitted on the
front facade of any home on
any Sublot. Vinyl Siding is
Permitted.

1) Siding; The front facade shall be in brick, natural or cultured stone, cement fiber board
in a cedar shake or vinyl in a shake or horizontal Farm house style as specified in Section
5.22 and shall be permitted on the side and rear facades. No other horizontal siding shall be
permitted on the front facade.

2) Chimneys: All chimneys on the exterior of the homes must be in either brick,
cultured stone or real stone.

Note: Soffits, fascia and gables ends of Azek material are permitted.

EXHIBIT "C"
The Community House Plan Minimum Requirements

SUBLOTS LIVING AREA/SOQUARE FOOTAGE
One Story 2200 sq. ft. Minimum

ne and One Half Stor 2400 sq. ft. Minimum
Two Story 2800 sq. ft. Minimum

Exterior Siding requires are set forth in Exhibit “B" - Exterior Siding Requirements.
Front and Rear setbacks as set forth in the last recorded plat.

Side setbacks shall be as set forth and defined in the documents or as set forth in the last
recorded plat.

Exhibit D

Rockefeller Material Selections for the Homes:

*Front Door: Thurma-Tur Entry Doors or equivalent Black, White or Stained Doors
Craftsman Style Front Doors

*Windows and Sliding Doors: Anderson, Pella or Jeld Wen or equivalent in Black or White

*Stone Veneers and Chimneys: Dutch Quality Rough Ashlar-Beige blend or a Buff
Limestone Blend in a real Stone Veneer

*Brick: White CSI Hand Made Brick or equivalent in a Canvas Color with a Canvas grout
color

*Siding: Cement Fiber Siding - Hardi Board Staggered Shingle or Board on Batten in an
Arctic White or beige or Equivalent or in a vinyl material made by Certainteed or Equivalent.

*Roof: Certainteed Landmark Designer Shingle -Moire Black Color
*Metal Standing Seam Roof - Black
Gutters and downspouts — Aluminum Black or White

Garage Doors- Wayne Dalton Insulated Carriage Style Overhead Insulated Door in a whited
or stained color or equivalent

Exterior Trim Material — Azek or Equivalent, or Hardie Board Trim — Color White

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Exhibit E

House Styles and Floor Plan Examples

EXHIBIT E

House Styles and Floor Plans

LEFT ELEVATION

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[Plans-Drawings for ROCKEFELLER ESTATES - 1636 DOVER CENTER ROAD - C-1 PROPOSED SITE LAYOUT - 1-7-2026 - conceptual plan]
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20'
16'
BRICK WALL
5'
R25'
R25'
R25'
R25'
20'
18501 Hillard Rd., Suite 613
Rocky River, OH 44116
Phone: 440-669-5354
Email: bbqbb69@gmail.com
CLIENT:
BY
REVISION
DATE
DRAWN BY:
CHECKED BY:
DATE
SCALE
JOB
NO.
DESIGNED BY:
SHEET NO.
THESE DOCUMENTS CONTAIN INFORMATION
PROPRIETARY TO CIVCON ENGINEERING
CONSULTANTS, INC. UNAUTHORIZED USE OF
THESE DOCUMENTS IS EXPRESSLY
PROHIBITED UNLESS AGREED UPON IN
WRITING.
RPK
ENGINEERING
ROCKEFELLER ESTATES
DEVELOPMENT PLANS
PRELININARYY
XXX
XXX@XX.COM
WESTLAKE,OH,44045
XXXX
RPK
RJS
RPK
12/1/25
DOVER-251115
RJS
DIS. WAT. LINE OFST. STM
12/1
NORTH
PROPOSED SITE
LAYOUT PLAN
C-1
NOT FOR
CONSTRUCTION

---

[Plans-Drawings for ROCKEFELLER ESTATES - 1636 DOVER CENTER ROAD - C-2 UTILITY PLAN - 1-7-2026 - conceptual plan]
ROCKEFELLER WAY (PRIVATE)
Dover Cener Road - 50'
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40'
30'
15'
20'
16'
BRICK WALL
5'
R25'
R25'
R25'
R25'
20'
ST
18501 Hillard Rd., Suite 613
Rocky River, OH 44116
Phone: 440-669-5354
Email: bbqbb69@gmail.com
CLIENT:
BY
REVISION
DATE
DRAWN BY:
CHECKED BY:
DATE
SCALE
JOB
NO.
DESIGNED BY:
SHEET NO.
THESE DOCUMENTS CONTAIN INFORMATION
PROPRIETARY TO CIVCON ENGINEERING
CONSULTANTS, INC. UNAUTHORIZED USE OF
THESE DOCUMENTS IS EXPRESSLY
PROHIBITED UNLESS AGREED UPON IN
WRITING.
RPK
ENGINEERING
ROCKEFELLER ESTATES
DEVELOPMENT PLANS
PRELININARYY
XXX
XXX@XX.COM
WESTLAKE,OH,44045
XXXX
RPK
RJS
RPK
12/1/25
DOVER-251115
RJS
DIS. WAT. LINE OFST. STM
12/1
NORTH
PROPOSED UTILITY
LAYOUT PLAN
C-2
NOT FOR
CONSTRUCTION

---

[Rockefeller Estates Conceptual Plan]
WESTLAKE PLANNING COMMISSION
STAFF REPORT
1/29/26

PART I GENERAL INFORMATION

Rockefeller Estates, conceptual plan (5 single family cluster homes), 1636 Dover Center Rd., PP#21222021, Ward 3

PART II
PROJECT SUMMARY

On November 13, 2023, the Planning Commission approved a development plan and sign plan for an eight‑unit
townhome development (Tulip Park of Westlake); however, that project has since been canceled and will not
proceed. In its place, the applicant has submitted the current proposal for a five‑unit cluster development.

The proposal reflects a typical small cluster home development, with one notable exception for Westlake: it is
designed as a gated community. A turnaround lane is provided at the gate, which may also serve as the location
for the community mailbox. The conceptual landscaping plan does not identify this area, which will need to be
heavily screened from the neighboring property to the south (appears to be similar to Tulip Park landscape plan).

PART III
DEPARTMENTAL REVIEWS

Fire
1. Construction will not interfere with access for emergency vehicle and/or fire department personnel. 2017
OFC Section 504.1
2. Fire hydrants are required on private property, in conformity with the WCO/Building Code, and shall be
installed and in working order before beginning construction on the permanent structure for which the
building permit has been issued. WCO 1371.02
3. Fire hydrants required on private property shall be installed and in working order before delivery of
combustible construction materials WCO 1371.03 (h), or as determined by the Fire Chief.
4. A minimum 8” fire main with private fire hydrants will be required on this site. WCO 1371
5. Hydrant locations are not agreed upon. Private hydrant placement is to be approved by the Fire Chief.
WCO 1371.03

• Show a second fire hydrant on the access
6. The building and hydrant locations shall comply with Westlake Codified Ordinance 1371.03. “All
buildings and structures shall be so located that all parts thereof are not more than 250 feet from at least two
readily accessible public or private Fire Department hydrants. Such distance shall be measured along the
centerline of the streets, roadways or driveways.”
7. All fire hydrants, new or replacements shall have a 5” Integral Storz Pumper Connection on the fire
hydrant pumper nozzle and 2½” Cleveland Standard thread on the remaining ports. Hydrants shall be
Mueller, Kennedy, or the equivalent. WCO 1371.04
8. The 25’/50’ turning radii shall be maintained throughout the site for emergency access. 2017 OFC 503.2.4

• Show turning radius as 25’:50’ no autoturn drawing
9. Dead-end fire apparatus access roads/fire lanes in excess of 150 feet in length shall be provided with an
approved area for turning around fire apparatus 2017 OFC 503.2.5

• Submit proposed turnaround with dimensions
10. Approved signs shall be provided for fire apparatus access roads/fire lanes to identify such roads or
prohibit the obstruction thereof. 2017 OFC 503.3

• No parking in the 20’ wide access drive and the proposed turnaround. Signs to identify no parking

fire apparatus access
11. Pavements. The width of the pavement shall be measured from back to back of curbs. The Planning
Commission, on the advice of the Director of Engineering, may require higher standards and/or greater
widths than set forth above because of extraordinary traffic loads or unusual conditions in specific locations.
A cul-de-sac shall have a minimum diameter of not less than 100 feet if fully paved. A cul-de- sac may have
a planter in the center thereof but if a planter is provided the diameter of the cul-de-sac shall be of sufficient
size as approved by the Planning Commission, City Engineer and the safety forces to permit all City vehicles
to negotiate the cul-de-sac but in no case shall the pavement width be less than thirty feet measured from
back to back of curbs. WCO 1129.08

Page 2

PART IV
GUIDE PLAN/ ZONING

Guide Plan – The Future Land Use Map designates this property as Multi‑Family Residential (Medium Density),
a category that includes cluster home developments. Additionally, the portion of the site proposed for cluster
homes is zoned RMF‑24, which permits this use.

Zoning Code Requirements

1220.02 SUBMITTAL OF CONCEPTUAL PLANS (excerpt).
(a) After the conceptual plans are approved by the Planning Commission, the applicant shall submit development
plans in accordance with Section 1220.04.
(b) The conceptual plans shall contain the following schematic information:
(1) Property lines and dimensions of the parcels proposed for development;
(2) Proposed main and accessory buildings, including size, location, and architectural building elevations;
(3) The location of existing main buildings on adjacent lots and across the streets bounding the property to be
developed;
(4) The size, location, and nature of proposed signs;
(5) Site improvements including grading, drainage and landscaping;
(6) Residential density if applicable;
(7) The location of streets, parking and traffic circulation; and
(8) Other plans deemed necessary to fully describe the development.
(c) If the Planning Director deems the application to be minor improvements, the requirements of this section
are waived and the applicant may instead submit the final development plan in accordance with Section 1220.04.

Zoning Code Requirements

Box Score
STANDARD
CODE
PLAN
DIFFERENCE
ZONING DISTRICT/ LOT AREA
1211.09
~2.02 Acres. Front
driveway R-1F-80 ~.57
acres.
Rear R-MF-24/Multi-
Family 24 ~ 1.45 acres.
Cluster homes are an
allowed use at 3 per acre.
Per Section 1211.09, footnote
(l), the overall parcel exceeds 2
acres in size and more than 70
percent of it is zoned
Multi‑Family. As a result, the
five proposed cluster homes
may be developed within the
portion of the site that carries
Multi‑Family zoning.
OK
MINIMUM DWELLING UNIT AREA
1211.25
1,500 s.f. not including
include garage and
basement area.
Range ~1,590 to ~2,600 SF unit
footprint. Average unit footprint
= ~1,870 s.f. excluding garage.
Restrictive covenants require
2,200 SF minimum 1 story
2,400 SF 1.5 story, and 2,800
SF 2 story.
OK
MAX. BUILDING HEIGHT 1211.09,
1211.23
2 stories
1 story, 1.5 story or 2 story
allowed per restrictive
covenants.
OK
MAX. STORY HEIGHT 1211.09 (n)
10’ from floor to ceiling
Because the restrictive
covenants address only general
house styles rather than detailed
designs, staff will need to
evaluate compliance during the
review of construction plans.
A condition of approval is
recommended requiring staff
review of the construction
plans relative to this
requirement.
% LOT COVERAGE FOR MAIN
BUILDING OR USE 1211.09
20%
~12.5%
OK

Page 3

Box Score
STANDARD
CODE
PLAN
DIFFERENCE
% OPEN SPACE (AKA
LANDSCAPING) 1211.09 – may
include retention if designed to be an
integral part of the development
50%
~66.4%
OK
MAIN BUILDING
Front
East – 50’ (Detroit Road)
20’ to private drive
~335’
Ranges from ~38 to ~81’to
private drive
OK
OR USE SETBACK
1211.08
Perimeter
30’
All units meet the 30’ setback.
Any outdoor patios or decks
must also remain outside the 30’
setback.
OK

Between
Buildings
15’ minimum, provided
there is a 30’ average for
all units.
Most at 30’ with two at 43’
OK

7.5’ between the unit and
fee simple title platted lot
While a fee simple title plat is
not required with the conceptual
plan, there is room between
units to meet this requirement.
OK
PARKING LOT
SETBACK 1211.21
Front
10’ from building
N/A - Parking is on driveways.
OK

Side/rear
5’
N/A - Parking is on driveways
OK
TOTAL PARKING SPACES 1221.05
2 per unit with 1 in a
garage = 10
1 visitor space per 4 units =
2
2 per unit in garage and 2 on
driveway for one unit and more
than 2 on driveway for other
units..
OK for units – provide 2 guest
spaces.
CURBING 1221.09
Required for parking areas
Future – development plan.
OK
SIDEWALKS 1211.21, 1237.04(c)(1)(C)
Minimum 5’ on one side of
the street, 10’ setback from
any building.
5’ sidewalk shown on one side
to area of cul-de-sac but not to
any homes.
Discuss at meeting.
BUFFERING 1130.04, 1130.05
30’ adjacent to R-1F-80
zoned properties. Not
required next to Village in
the Park Apartments.
Conceptual landscaping plan
shows a 3’ buffer mound with
extensive planting and a 6’ high
vinyl privacy fence were
required next to R-1F-80 zoned
properties.
OK

TREE
PRESERVATION
PLAN 1137
Number
Acres x 20 = 40 trees
41 new trees several existing in
west area “existing evergreen
trees to remain as is” does not
match location of retention
basin on sheets C-1 and C-2 and
some of the landscaping along
the road leading is in the area of
the eastern retention basin..
Correct landscaping plan
relative to basins.

Caliper
Inches
Acres x 100” = 202
None given but will be +/- 123
caliper inches for new trees and
area called out as “BRUSH &
TREES” will exceed this
number.
OK

Front Yard
Trees
Detroit Road = 2 large, 3
medium or 4 small trees
10‘ to 15’ from the r.o.w.
Two American Sycamores
(large) trees at entrance 15’
from r.o.w.
OK

SIGNS Ground Signs Permitted
1
Shown on landscape plan
General location can be
discussed but design will be
required with future
development plan.

Page 4

Box Score
STANDARD
CODE
PLAN
DIFFERENCE

Height
4’ for sign up to 5’ for
support structure
Future development plan.
N/A

Setback
10’ from planned ROW
5’ from driveway
~22’
~7’-6”
OK

Area
30 s.f. sign
120 s.f. support structure
facing arterial rd.
Future development plan
OK

Illumination
External up light
Future development plan
OK
LIGHTING 1230.03
Lighting plan required
Future development plan
OK
RETENTION 1130.04 (c)(2)
Required if over 1 acre
Location on narrow portion of
lot does not match the
conceptual landscape plan.
Basins are within the 30’
perimeter setbacks and eastern
one is within the 30’ buffer
setback.
Redesign landscaping plan
accordingly. Discuss zoning
modifications to allow in
perimeter and buffer setbacks.
TRASH ENCLOSURE 1211.31
Dumpster or private pick-
up
Understood to be private pick
up.
OK
HVAC LOCATION & SCREENING
1237.04(a)(9)
Not in front of building
Screened with fence or
plant material, or housed in
a structure in harmony with
the surroundings
Residential units – understood to
be in rear or sides of units.
OK – some units are right on
the 30’ perimeter buffer so
will need to be designed so
AC units are not in the
setback.
DESIGN REVIEW REQUIREMENTS
(MATERIALS) 1237
Face brick and thin brick
veneer, siding/trim in wood
or fiber cement, composite,
tile or metal (siding is
limited to 66% of total
façade), natural stone or
precast, architectural tile,
porcelain or concrete
mimicking wood or stone.
See Exhibit “B“ below
Requires a modification for
vinyl siding and Azek
material, which is also vinyl,
for the soffits, fascia and gable
ends.

Colors in earthtone, white,
red brick, etc.
Per Exhibit “D”, doors in black,
white, or stained, windows in
black or white, stone veneers
and chimneys in beige blend or
buff limestone, brick/grout in
canvas color, siding in Arctic
White, beige, roof in Moire
Black Color, standing seam roof
in black, gutters/downspouts in
white or black, garage doors in
white or stained color, exterior
trim in white.
OK
LANDSCAPING
Landscaping relates to
buildings and parking
Provided but as mentioned
above needs to be redrawn to
reflect basins. A typical unit
landscaping plan will be needed
with the final development plan.
OK
BUILDING STYLE AND
CHARACTER
SEE 1237.04 (c) BELOW

Page 5

1237.04 DESIGN REVIEW REQUIREMENTS
(c) Additional requirements applicable to uses in all districts except Industrial Districts, Health Campus District
and Infill Development/Redevelopment and Town Center Planned Unit Development Districts:
(2) Building style and scale:

A. Buildings shall be designed with the following styles either a flat roof or pitched gable or hip roof. A
false gable or pitched roof may be used over a canopy, dormers or bay windows or as a rooftop mechanical screen
on a flat roof. Three story or higher buildings shall generally be built with flat roofs. Flat roofed buildings shall
have a parapet wall or a false gable or partial pitched roofs to screen mechanical rooftop equipment. Gable roofs
shall generally not be higher from the eave to the peak than the height of the building to the eaves. Mansard roofs
are generally not permitted where roofing material is used to cover a building wall. OK
B. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for
the size and scale of proposed structures; and harmonious with other architectural detail and ornamentation. All
sides of a building shall be unified through the repetition of design elements found on the primary façade, such as
similar massing, cladding, fenestration, and design details. OK
C. In areas which have a predominate architectural style, including historic styles, such character should
be a significant consideration in determining compatibility. In such cases, compatibility is partially achieved by
some repetition of basic elements such as color, materials and common scale. N/A.

Page 6

D. Building facades should have windows in order to insure a comfortable visual dialogue between
occupant and pedestrian. Large unwindowed spaces shall be discouraged. OK.
E. The proportion of wall surface to openings shall be consistent with adjacent structures. The walls of
cluster and townhome buildings that are visible from public streets or adjacent properties shall be scaled down in
proportion to adjacent residential structures. Rooftop decks are only permitted in the Town Center Planned Unit
Development District. OK.
F. The use of awnings, mainly confined to the street level, in shopping areas is encouraged. Awnings
are to be designed and mounted so as not to cover significant architectural detail. N/A
G. Garages for cluster, townhouse and multi-unit buildings:
1. All required enclosed parking spaces shall be in enclosed garages with a permanent roof, continuous
foundation, concrete floor, and exterior walls pierced only by windows and doors. OK.
2. Garages are to be located so as to not dominate the street elevation or a building’s façade.
i. Attached garages that are located on the façade that faces the street shall be recessed from the
front building wall. OK.
ii. At least 30% of attached garages in a townhouse building shall face away from the street.
N/A
iii. At least 30% of garages in a cluster home development shall face away from the street. Two
are required to face away from the street. This may be difficult to achieve due to cul-de-sac
configuration.
iv. Attached or detached garages shall match the residence to which they are attached or related
with similar materials, roof pitch, colors, window style, eaves, and trim. OK
v. Attached garages with high gables facing the street shall be avoided. OK
vi. Garage doors shall incorporate decorative elements to add visual interest, such as panels,
windows, faux hardware, and complimentary colors. OK.
H. Private outdoor space for single-family detached cluster and townhouse dwellings: private outdoor space is
required adjacent to each unit, with a defined functional shape and landscaping that is integral to the overall
development design and the design of private patios, porches, decks, and/or three-season rooms. OK.
I. Utility service meter location including gas, water, and electric shall be consolidated in one location on the side
or rear of the building and screened where possible. OK.

PART V
DRAFT FINDINGS/MOTION

Draft Findings of Fact

1. The proposed conceptual plans and design requirements generally conform to the Zoning Code; however,
as currently designed, certain zoning modifications and conditions would need to be incorporated into any
motion for approval of the final development plan if it reflects the conceptual plan.
2. The Planning Commission and the applicant have discussed revisions needed to bring the proposal into
fuller compliance with the Zoning Code, and it is anticipated that the final development plan will be
redesigned accordingly.

Draft Motion1

I move to approve the Rockefeller Estates Conceptual Plan with conditions discussed at the meeting.

1 This is suggested language only and not a recommendation for or against the approval of this request.