Explanation
Rezoning Application Z04-023
APPLICANT: Clintonville Electric Company; c/o Jackson B. Reynolds III, Atty.; Smith and Hale; 37 West Broad Street; Columbus, Ohio 43215.
PROPOSED USE: Appliance sales and repair.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (6-0) on May 13, 2004.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The CPD text carries over the development standards contained within the current CPD District established for the previous pharmacy use, and adds a use that is consistent with the zoning and development patterns of the area as well as the recommendations of the Northwest Plan.
Title
To rezone 2136 BETHEL ROAD (43220), being 2.41± acres located at the northwest corner of Bethel and Dierker Roads, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District and to declare an emergency. (Rezoning # Z04-023)
Body
WHEREAS, application #Z04-023 is on file with the Building Services Division of the Department of Development requesting rezoning of 2.41± acres from CPD, Commercial Planned Development District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to allow the applicant to secure remodeling permits to rehabilitate the existing structure for quick relocation to the subject site as the lease on the current location has expired and all new advertising is marketing the Bethel Road site and phone number for the immediate preservation of the public peace, property, health and safety; and
WHEREAS, the City Departments recommend approval of said zoning change because the CPD text carries over the development standards contained within the current CPD District established for the previous pharmacy use, and adds a use that is consistent with the zoning and development patterns of the area as well as the recommendations of the Northwest Plan, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance No. 0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
2136 BETHEL ROAD (43220), being 2.41± acres located at the northwest corner of Bethel and Dierker Roads, and being more particularly described as follows:
Description of 2.413 acres at Bethel and Dierker Roads
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Quarter Township 4, Township 2, Range 19, United State Military Lands, and being 2.413 acres out of a 164.419 acre tract conveyed to Bethel Road Investments Co. in Official Record (OR) 2642 C-16 and corrected in OR 4391 H-01, found in the Franklin County Recorders Office, said 2.413 acre tract being shown on a plat of survey of 17.900 acres by R.D. Zande & Associates, Lmt. in June 1993, found in the records at the Franklin County Engineers (FCE) survey records office;
All records referred to were found in the Franklin County Recorders Office, unless otherwise noted;
TO FIND the place of beginning, COMMENCE at FCE monument AFCGS 1173" at the intersection of Bethel Rd. (120 feet wide) and Dierker Rd. South (60 feed wide), as shown on the centerline plat of Bethel Rd., Plat Book (PB) 73, pgs.52 and on the Dedication of Dierker and Bethel Rods. Plat, PB 2, pg. 40;
THENCE North 86 degrees 29 minutes 57 seconds West, a distance of 48.34 feet, along the centerline of Bethel Rd., to a point;
THENCE North 3 degrees 30 minutes 03 seconds East, a distance of 60.00 feet to a set iron pin, being in the north line of Bethel Rd. and being a southeast corner of the said 2.413 acre tract, for the TRUE PLACE OF BEGINNING;
THENCE 86 degrees 29 minutes 57 seconds West, a distance of 284.91 feet, along the north line of Bethel Rd. and the south line of the said 2.413 acre trace, to a set iron pin, being the southeast corner of The Lakes at Bethel Park, Condominium Plat (CP) 59, pg. 69;
THENCE 3 degrees 30 minutes 21 seconds East, a distance of 344.99 feet, along the west line of the said 2.413 acre tract, the east line of the said The Lakes at Bethel Park, and an east line of The Lakes at Bethel Park, 2nd Amd., CP 64, pg. 57, to a found 3/4 inch iron pipe (0.2 feet below grade), being a northeast corner of the said The Lakes at Bethel Park, 2nd Amd., a corner of a 17.900 acre tract conveyed to Borror Corporation in OR 23131 C-04, and the northwest corner of the said 2.413 acre tract;
THENCE South 86 degrees 28 minutes 58 seconds East, a distance of 304.76 feet, along the north line of the said 2.413 acre tract and south line of the said 17.900 acre tract, to a found 3/4 inch iron pipe with cap (stamped RDZ), being northeast corner of the said 2.413 acre trace, the southeast corner of the said 17.900 acre trace, and a point in the west line of Dierker Rd.;
THENCE around a curve in a clockwise direction having a delta angle of 01 degrees 10 minutes 09 seconds, an arc distance of 15.20 feet, a radius of 745.00 feet, and a chord of South 2 degrees 55 minutes 16 seconds West, a distance of 15.20 feet, along the east line of the said 2.413 acre tract and the west line of Dierker Rd., to a found 3/4 inch iron pike, being a corner of the said 2.413 acre tract and a point of tangency in the west line of Dierker Rd.;
THENCE South 3 degrees 30 minutes 21 seconds West, a distance of 309.70 feet, along the east line of the said 2.413 acre tract and the west line of Dierker Rd., to a set iron pin, being a southeast corner of the said 2.413 acre tract;
THENCE around a curve in a clockwise direction having a delta angel of 89 degrees 59 minutes 42 seconds, an arc distance of 31.41 feet, a radius of 20.00 feet, and chord of South 48 degrees 30 minutes 12 seconds West, a distance of 28.28 feet, along a line of the said 2.413 acre trace, to the TRUE PLACE OF BEGINNING containing 105100 square feet or 2.413 acres, according tot he survey by Paul K. Moore and Associates in December of 1995;
All iron pins set are 30 inches long and 5/8 inch in diameter with a yellow cap stamped AP K MOORE RS 5883" and all iron pipes found are at grade and in good condition, unless otherwise notes;
The Basis of Bearings for this survey is the centerline of Bethel Rd. as being North 86 degrees 29 minutes 57 seconds West, as shown on the said plat of survey of 17.900 acres;
To Rezone From: CPD, Commercial Planned Development District,
To: CPD, Commercial Planned Development District.
SECTION 2. That a Height District of thirty-five (35) feet is hereby established on the CPD, Commercial Planned Development District on this property.
SECTION 3. That the Director of the Department of Development be, and he is hereby authorized and directed to make the said changes on the said original zoning map in the office of the Building Services Division and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Building Services Division as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "CLINTONVILLE ELECTRIC SITE PLAN," and " CLINTONVILLE ELECTRIC SITE PLAN NOTATIONS AND SPECIFICATIONS," and text titled, "COMMERCIAL PLANNED DEVELOPMENT ", signed by Jackson B. Reynolds III, attorney for the Applicant, and dated May 13, 2004, and the text reading as follows:
Commercial Planned Development
PROPOSED DISTRICT: CPD
PROPERTY ADDRESS: 2136 Bethel Road
OWNER: Columbus Venture, LLC
APPLICANT: Clintonville Electric Company
DATE OF TEXT: 05/13/04
APPLICATION NUMBER: Z04-023
1. INTRODUCTION: The site was previously zoned CPD in 1997 to permit a pharmacy / drug store to operate on the property. The applicant is seeking to reuse the existing building and site with only minor modifications to the CPD text. The site is fully developed with a brick building, parking and landscaping to the west and north as detailed in Z97-020.
2. PERMITTED USES: The permitted uses shall be an appliance store and other uses customarily associated with an appliance store and other uses permitted in the C-2, Commercial District of the Columbus Zoning Code excepting the following uses: art studio, post office, public park and recreation centers, radio and television broadcasting stations and studios, and schools. The entire business shall close by 10:00 p.m. every night.
3. DEVELOPMENT STANDARDS: Unless otherwise indicated in the text or the Site Plan, the development standards for C-2 as contained in Chapter 3353 of the Columbus City Code shall apply.
A. Density, Lot, and/or Setback Commitments.
1. Minimum building setback is eighty feet 80' from Dierker Road and 130' from Bethel Road.
2. The setback for the parking shall be 10' from Dierker Road and 60' from Bethel Road.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. All circulation, curb cuts and access points shall be subject to the approval of the Division of Transportation.
2. Loading areas shall be screened by opaque material and/or landscaping to a minimum of height of seven 7' feet.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
The Landscaping shall be developed in accordance to the submitted Site Plan and Site Plan - notations specifications attached hereto and made part hereof as if fully written herein. Environmental treatment shall include grass, small shrubbery with a height of 24" - 30" at the time of planting, or trees of 2" minimum caliper at the time of planting which will be installed in those areas set forth in the Site Plan. Landscaping shall be as set forth in the Site Plan.
1. Landscaping and a uniform fence or hedge treatment shall be required parallel and adjacent to Bethel Road for at least fifty percent (50%) of the frontage.
2. Tree plantings with a 3" minimum caliper at the time of planting shall be required at a one for each 40' of Bethel Road frontage, group or spaced, and shall be planted a minimum distance of 70 feet to a maximum of 85' from the centerline of Bethel Road.
3. All parking areas adjacent to Bethel and Dierker Roads shall have headlight screening by the use of mounding or shrubbery of thirty (30) inches minimum height along the parallel to the Dierker and Bethel frontage as measured from the elevation of the nearest section of the adjacent parking areas.
4. The required screening in this section shall be counted in determining compliance with the required landscaping sections in Chapter 3342 of the Columbus City Code.
5. The landscaping will be maintained and dead items replaced with identical type and size material by the applicant on an ongoing basis.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building.
2. Dumpsters and all ground-mounted mechanical equipment shall be located at the rear of the building and screened from public view to the height of the dumpster/equipment.
E. Lighting, Outdoor Display Areas, and/or Other Environmental commitments.
1. All external lighting shall be cut-off fixtures (down-lighting) and shall be designated to prevent offsite spillage.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturers type to insure compatibility.
1. Accent lighting shall be permitted proved such light source is concealed form adjacent right-of-way.
2. Any wall-mounted lighting shall be shielded to prevent offsite spillage.
3. Light poles in the parking lot shall not exceed 20 feet in height.
F. Graphics and Signage Requirements
1. All graphics and signage shall comply with the Graphics Code, Article 15, Title 33 of the Columbus City Code as it applies to the C-4 and any variance to those requirement will be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous
1. Trash pick-up will be permitted between 7:30 a.m. and 10:00 p.m.
2. Parking lot sweeping and lawn mowing will be permitted between 7:30 a.m. and 7:00 p.m.
3. Vendor deliveries will be permitted between 7:30 a.m. and 4:30 p.m.
4. The lawn areas will be maintained in a neat and orderly manner which includes regular lawn mowing during the appropriate seasons and leaf pick up in the fall. The plantings shall be properly watered and maintained to insure a pleasing aesthetic presentation.
5. The existing drive thru window will not be used as a part of Clintonville Electric operation, except the area along the drive thru will be used for the parking and storage of two (2) delivery vehicles.
6. The existing monument signs shall be reused to advertise the stores location and no other freestanding signs shall be installed. Clintonville Electric shall abide by the City of Columbus Graphics Code requirements.
7. The store's hours shall be 7:00 a.m. to 10:00 p.m., Monday through Thursday, 7:00 a.m. to 6:00 p.m. on Friday and Saturday and 10:00 a.m. to 6:00 p.m. on Sunday.
H. CPD Criteria
1. Natural Environment
The site developed as a vacant drug store.
2. Existing Land Use
To the west and north are condominiums, to the south and east are commercial developments.
3. Proposed Use: Commercial / Retail Uses
4. Transportation and Circulation
Access will be from Dierker Road and Bethel Road via the existing curbcuts.
5. Visual Form of the Environment
The visual form of the development has been established and will not change.
6. View and Visibility
View and visibility of the development has been determined and will remain as it is now.
7. Emissions
No adverse emissions are expected from this development.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.