Explanation
REZONING: Z02-113
APPLICANT: Kroger Company; c/o Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Gasoline sales.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (4 -0) on January 9, 2003.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests the CPD, Commercial Planned Development District for the addition of gasoline sales to the existing grocery store. The CPD text commits to the customary use restrictions and development standards including outdoor display controls, landscaping and rooftop mechanical screening.
Title
To rezone 2070 BETHEL ROAD (43220), being 16.99± acres located at the northeast corner of Bethel and Dierker Roads, the Crown Pointe Shopping Center, From: CPD, Commercial Planned Development District, To: CPD, Commercial Planned Development District. (Rezoning # Z02-113)
Body
WHEREAS, application #Z02-113 is on file with the Building Services Division of the Department of Development requesting rezoning of 16.99± acres from CPD, Commercial Planned District to CPD, Commercial Planned Development District;
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the applicant requests the CPD, Commercial Planned Development District for the addition of gasoline sales to the existing grocery store. The CPD text commits to the customary use restrictions and development standards including outdoor display controls, landscaping and rooftop mechanical screening, 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:
2070 BETHEL ROAD (43220), being 16.99± acres located at the northeast corner of Bethel and Dierker Roads, the Crown Pointe Shopping Center and being more particularly described as follows:
SUB-AREA A
0.387 Acres
Z02-113
2070 Bethel Road
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 2 North, Range 19 West, United States Military Lands and being an area within a 16.236 acre tract of land conveyed to New Plan Realty Trust by deed of record in Instrument 199807240185386, Recorder's Office, Franklin County, Ohio and being more particularly described as follows;
Beginning, for reference, at a point at the east end of a curve connecting the east right-of-way of Dierker Road (60 feet wide) with the north right-of-way of Bethel Road (variable width) as said point is shown upon the plat of "Dedication Of Dierker Road, Bethel Road And Easements" as shown of record in Plat Book 62, Page 40 and being in the south line of said 16.236 acre tract;
Thence S 86° 28' 52" E along the north right-of-way line of Bethel Road and along a portion of the south line of said 16.236 acre tract a distance of 340.00 feet to a point;
Thence N 03° 31' 08" E perpendicular to the north right-of-way line of Bethel Road and perpendicular to the south line of said 16.236 acre tract and crossing a portion of said 16.236 acre tract a distance of 55.00 feet to a point at the true place of beginning for said lease area;
Thence continuing N 03° 31' 08" E crossing a portion of said 16.236 acre tract a distance of 113.00 feet to a point;
Thence S 86° 28' 52" E crossing a portion of said 16.236 acre tract a distance of 149.00 feet to a point;
Thence S 3° 31' 08" W crossing a portion of said 16.236 acre tract a distance of 113.00 feet to a point;
Thence N 86° 28' 52" W crossing a portion of said 16.236 acre tract a distance of 149.00 feet to the true place of beginning;
Containing 16,837 square feet (= 0.387 acre)
The above description was prepared by Ted L. Robinson, Ohio Surveyor No. 5361, of C.F. Bird + R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from best available Court House records in January, 2003 and not
from an actual field survey. Basis of bearings is the north line of Bethel Road being S 86° 28' 52" E, as shown upon the plat of "Dedication Of Dierker Road, Bethel Road And Easements", of record in Plat Book 60, Page 42 Recorder's Office, Franklin County, Ohio.
SUB-AREA B
15.849 Acres
Situate in the State of Ohio, County of Franklin, City of Columbus, being in Quarter Township 4, Township 2, Range 19, United States Military Lands and being all of the 1.319, 7.669 (Parcel II), 0.302 and 6.948 acres tracts conveyed to Gardner, Inc. by deeds of record in OR 30284J03, OR 29423F18, OR 29818F12 and OR 29297 E15, respectively, records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for reference at Franklin County Engineer's Monument Number 1173 at the intersection of the centerline of Bethel Road and the centerline of Dierker Road (south of Bethel Road), thence S 86 deg. 28' 52" E, a distance of 1.66 feet, along the centerline of Bethel Road to the point of intersection of the centerline of Dierker Road (north of Bethel Road) as established by plat of record in Plat Book 62, Page 40; thence N 03 deg. 31' 08" E, a distance of 80.00 feet, along the centerline of Dierker Road to a point; thence S 86 deg. 28' 52" E, a distance of 30.00 feet, to an iron pin in the easterly right-of -way line of Dierker Road and the westerly line of the said 1.319 acre tract. Said iron pin being the POINT OF TRUE BEGINNING of the herein-described tract;
Thence the following two (2) courses and distances along the east right of way line of Dierker Road and the westerly line of said 1.319 and 7.669 acre tracts; (1) Thence N 03 deg. 31' 08" E, a distance of 309.69 feet, to an iron pin at a point of curvature; (2) Thence along a curve to the left having a radius of 805.00 feet, a central angle of 23 deg. 02' 09" the chord to which bears N 07 deg. 59' 57" W, a chord distance of 321.48 feet, to an iron pin at the common corner to said 7.669 acre tract and the 3rd Amendment to "BETHEL COMMONS CONDOMINIUMS"; Thence S 86 deg. 28' 52" E., a distance of 1180.25 feet, along the common line to said 7.669 acre tract and the 3rd and 2nd Amendments to said "BETHEL COMMONS COMDOMINIUMS", the common line to said 0.302 acre tract and the said 2nd Amendment and the common line to said 6.948 acre tract, and 2nd Amendment and "MCKITRICK ESTATES SECTION 7", of record in Plat Book 57, Page 34, to an iron pin at a common corner to said 6.948 acre tract, Section 7 and Lot Number 122 of MCKITRICK ESTATES SECTION 5, of record in Plat Book 55, Page 13; Thence S 49 deg. 45' 31" E, a distance of 131.08 feet, along the common line to said 6.948 acre tract and said Lot Number 122 to an iron pin in the westerly right of way line of McKitrick Boulevard (60 feet in width) at the common corner to said 6.948 acre tract and Lot Number 122; Thence the following three (3) courses and distances along the westerly right of way line of said McKitrick Boulevard and the easterly line of said 6.948 acre tract; (1) Thence S 40 deg. 36' 07" W, a distance of 43.72 feet, to a point of curvature (witnessed by an iron pin located 0.38 feet southwest of said point); (2) Thence along a curve to the left having a radius of 380.00 feet, a central angle of 37 deg. 04' 59" the chord to which bears S 22 deg. 03' 37" W, a chord distance of 241.67 feet, to an iron pin at a point of tangency; Thence S 03 deg. 31' 08" W, a distance of 162.81 feet, to an iron pin at a common corner to the said 6.948 acre tract and the 0.750 acre tract (Parcel I) conveyed to Gardner, Inc. by deed of record in OR 29423F18; thence N 86 deg. 28' 52" W, a distance of 234.80 feet, along a common line to said 6.948 and 0.750 acre tracts to an iron pin at the northwesterly corner of said 0.750 acre tract; thence S 03 deg. 31' 08" W, a distance of 139.50 feet, continuing along a common line to said 6.948 and 0.750 acre tracts to an iron pin in the northerly right of way line of Bethel Road (60.00 feet as measured at right angles from the centerline) at a common corner to the said 0.750 and 6.948 acre tracts; thence N 86 deg. 28' 52" W, a distance of 863.11 feet, along the said northerly right of way line of Bethel Road and the southerly lines of the said 6.948, 0.302, 7.669 and 1.319 acre tracts to an iron pin at a point of curvature; thence continuing along said right of way line and the southerly line of said 0.302 acre tract with a curve to the right having a radius of 20.00 feet, a central angle of 90 deg. 00' 00" the chord to which bears N 41 deg. 28' 52" W, a chord distance of 28.28 feet, to the POINT OF TRUE BEGINNING, containing 16.236 acres, more or less.
The basis of bearings shown herein are based on the bearing of N 03° 31' 08" E for the centerline of Dierker Road as shown of record in P.B. 62, Pg. 40.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA for SUB-AREA A:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 4, Township 2 North, Range 19 West, United States Military Lands and being an area within a 16.236 acre tract of land conveyed to New Plan Realty
Trust by deed of record in Instrument 199807240185386, Recorder's Office, Franklin County, Ohio and being more particularly described as follows;
Beginning, for reference, at a point at the east end of a curve connecting the east right-of-way of Dierker Road (60 feet wide) with the north right-of-way of Bethel Road (variable width) as said point is shown upon the plat of "Dedication Of Dierker Road, Bethel Road And Easements" as shown of record in Plat Book 62, Page 40 and being in the south line of said 16.236 acre tract;
Thence S 86° 28' 52" E along the north right-of-way line of Bethel Road and along a portion of the south line of said 16.236 acre tract a distance of 340.00 feet to a point;
Thence N 03° 31' 08" E perpendicular to the north right-of-way line of Bethel Road and perpendicular to the south line of said 16.236 acre tract and crossing a portion of said 16.236 acre tract a distance of 55.00 feet to a point at the true place of beginning for said lease area;
Thence continuing N 03° 31' 08" E crossing a portion of said 16.236 acre tract a distance of 113.00 feet to a point;
Thence S 86° 28' 52" E crossing a portion of said 16.236 acre tract a distance of 149.00 feet to a point;
Thence S 3° 31' 08" W crossing a portion of said 16.236 acre tract a distance of 113.00 feet to a point;
Thence N 86° 28' 52" W crossing a portion of said 16.236 acre tract a distance of 149.00 feet to the true place of beginning;
Containing 16,837 square feet (= 0.387 acre)
SUB-AREA C
0.750 + Acres
Z02-113
2070 Bethel Road
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being located in Quarter Township 4, Township 2 North, Range 19, United States Military Lands and being 0.750 acres of the 8.00 acre tract conveyed to Crown Point Co., by deed of record in Deed Book 1773, page 796, all references being to records in Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at an iron pin in the northerly right of way line of Bethel Road, at the northeasterly corner of said Crown Point Co. 8.000 acre tract;
Thence along said right of way line of Bethel Road, North 86 degrees 28' 52" West (being 60.0 feet Northerly, as measured at right angles and parallel with the center line of Bethel Road), 214.80 feet to a point;
Thence North 3 degrees 31' 08" East, 139.50 to a point;
Thence South 86 degrees 28' 52" East, 234.80 feet to a point in the westerly right of way line of McKitrick Boulevard (as dedicated by plat of record in Plat Book 55, page 13, and being 60.0 feet in width);
Thence along said right of way line of McKitrick Boulevard, South 3 degrees 31' 08" West, 119.50 feet to a point of curvature of a curve to the right;
Thence along the arc of said curve (delta = 90 degrees 00' 00", Radius = 20.0 feet), a chord bearing and distance of South 48 degrees 31' 08" West, 28.8 feet to the place of beginning, containing 0.750 acres, more or less.
Subject, however, to all legal rights of way and/or easements, of any, of previous record.
Together with and subject to a Mutual Non-Exclusive Right of Way and Easement for Ingress and parking Facilities to be used by the Owners, their Heirs, Successors and Assigns, of both subject premises, covered by said Easement, to be incorporated herein by reference. Said Ingress and Egress Easement and Parking Facilities to be used by Owners, Tenants, Invitees and Guests of said Two (2) Tracts in common with each other.
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 plan being titled, "FUEL FACILITY PLOT PLAN CROWN PLAZA SHOPPING CENTER 2090 BETHEL ROAD SHEETS 1 OF 2 AND 2 OF 2" and text titled, "DEVELOPMENT TEXT, CPD COMMERCIAL PLANNED DEVELOPMENT 17.00 ± ACRES ", signed by Donald Plank, Attorney for the Applicant, dated May 19, 2003, and reading as follows:
To Rezone From: CPD, Commercial Planned Development District.
To: CPD, Commercial Planned Development District.
DEVELOPMENT TEXT
CPD, COMMERCIAL PLANNED DEVELOPMENT
17.00 ± ACRES
EXISTING DISTRICT: CPD, Commercial Planned Development
PROPOSED DISTRICT: CPD, Commercial Planned Development
PROPERTY ADDRESS: 2070 Bethel Road, OH 43220
OWNERS: New Plan Realty Trust and 2000 Bethel LLC
c/o Donald Plank, Esq., Shuler Plank & Brahm
145 East Rich Street, Columbus, OH 43215
APPLICANT: Kroger Co. c/o Donald Plank, Esq.
Shuler Plank & Brahm, 145 East Rich Street
Columbus, OH 43215
DATE OF TEXT: May 19, 2003
APPLICATION NUMBER: Z02- 113
INTRODUCTION:
The site is 17.00± acres located on the north side of Bethel Road between McKitrick Boulevard and Dierker Road. By Ordinance 1211-79, passed June 25, 1979 (Z79-029), the property was rezoned to the CPD, Commercial Planned
Development District for commercial development. The existing CPD permits uses of the C-4, Commercial District with certain itemized prohibited uses, all of which are also prohibited by this rezoning. Ordinance 1211-79 further conditions site development with reference to a plan which depicts various commercial uses and accessory parking.
Applicant proposes to rezone the property to create three (3) Sub-Areas. The plan titled "Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003, hereby incorporated by reference, depicts the site and three (3) sub-areas. All three (3) sub-areas are presently zoned CPD and are proposed to be rezoned to CPD by this application. Sub-Area A is 0.39+ acres for a retail fuel center. Sub-Area A is presently part of the existing parking lot. Sub-Area B is 15.85+ acres for retail and office commercial uses and accessory parking. Sub-Area C is 0.75 acres located at the northwest corner of Bethel Road and McKitrick Boulevard. Sub-Area C is developed and is a presently a separate parcel. All existing right of way for Bethel Road, McKitrick Boulevard and Dierker Road reflects right of way designations of the Columbus Thoroughfare Plan, so no right of way dedication is required. The only change to the existing CPD zoning is to create Sub-Area A as the Fuel Center area within the existing parking lot and to designate the existing outlot parcel as Sub-Area C.
SUB-AREA A
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (0.39± ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area A:
a) Motor vehicle fuel sales and convenience retail sales, in conjunction with motor vehicle fuel sales, except that the sale of mulch shall be specifically prohibited in Sub-Area A.
b) Accessory parking for Sub-Area B.
2. DEVELOPMENT STANDARDS: Except as specified herein and as represented on the plan titled "Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Sub-Area A is located within an existing parking lot. No portion of Sub-Area A abuts a street. There shall be no required building, canopy or pavement setback within Sub-Area A.
2. Sub-Area A shall be designated a H-35 Height District.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Vehicular access points and vehicular circulation patterns shall be as depicted on the plan titled "Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003.
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2. In conjunction with construction of the motor vehicle fuel sales use, the existing concrete island at the Bethel Road curbcut shall be lengthened approximately 26 feet and traffic control signage shall be placed, as dpicted on the plan tied "Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003, in accordance with plans approved by the Division of Transportation. Both the island extension and traffic control signage are on Sub-Area B, but are requirements in conjunction with development of Sub-Area
A for motor vehicle fuel sales.
C. Buffering, Landscaping, Open Space and/or Screening Commitments
1. Landscaping shall be provided in new landscape islands as
depicted on the plan titled ""Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003.
2. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
3. The minimum size of trees at the time of planting shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. The gas canopy columns and attendant's kiosk building shall be finished in brick. The brick shall be selected to be compatible in design and appearance with existing brick on the shopping center buildings. The canopy facades shall be finished in E.I.F.S or comparable material to match existing E.I.F.S. finish on the shopping center buildings.
2. Canopy and attendant kiosk building elevations shall be finished on all sides/elevations with the same level and quality of finish.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. All parking lot or ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility
3. Except for decorative lighting, all parking lot light poles shall substantially match the existing light poles in Sub-Area B. Parking lot light poles shall not exceed the height of the existing light poles in Sub-Area B.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures and be designed in such a way to minimize any offsite light spillage.
5. All new or relocated utility lines within Sub-Area A shall be installed underground unless the applicable utility company directs or requires otherwise.
6. Canopy lighting over gasoline pump islands shall be recessed or fully-shielded to control glare and off-site light.
7. Outdoor Display Areas shall be limited to a) a five (5) foot perimeter around the attendant's kiosk, on the pump islands and adjacent to the ends of the pump islands. Any display adjacent to the ends of
the pump islands shall be limited to an area of three (3) feet wide, three (3) feet long and four (4) feet high.
F. Graphics and Signage Commitments
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-5, Commercial District. Any variance to the applicable requirements of the C-5 district shall be submitted to the Columbus Graphics Commission.
2. No sign shall be placed on the Bethel Road canopy face elevation.
3. No signage related to the sale of motor vehicle fuels in Sub-Area A shall be placed on the existing Bethel Road shopping center ground sign located on Sub-Area B.
4. There shall be no new ground sign(s) for the motor vehicle fuel sales use anywhere on the shopping center.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area A is flat.
2. Existing Land Use: The property is presently part of an existing parking lot.
3. Circulation: Access to and from Sub-Area A will be via Sub-Area B.
4. Visual Form of the Environment: The area surrounding Sub-Area A is developed with surface parking in all directions located in Sub-Area B.
5. Visibility: Sub-Area A will be visible from Bethel Road and portions of McKitrick Boulevard and Dierker Road.
6. Proposed Development: Commercial development consisting of motor vehicle fuel sales, and attendant's building and convenience retail sales.
7. Behavior Patterns: The site is located within a large existing accessory parking lot. Vehicular access will be via curbcuts from Bethel Road, McKitrick Boulevard and Dierker Road via sub-area B.
8. Emissions: Development on Sub-Area A will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: None
H. Miscellaneous
H. Miscellaneous
1. The hours of operation of the fuel center shall be no earlier than 6AM and no later than 12 midnight, seven (7) days a week.
SUB-AREA B
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (15.85+ ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area B:
All uses of Section 3356.03, C-4, Permitted Uses, except the following:
Adult Book Store, Adult Motion Picture Theater, Adults Only
Entertainment
Animal kennels
Armory
Assembly Hall
Automobile Sales room, new and used vehicle sales
Billboards
Book Bindery
Bowling Alley
Business College
Dance Hall
Drive-in theater
Electric Substation
Funeral Parlor
Hotel and Motel
Ice House
Massage parlor
Motor bus terminal
Newspaper Printing
Off-Premise Graphics, other than as permitted by the Graphics
Commission
Plumbing Shop
Private club
Skating Rink
Stables
Storage Garage
Trade School
Veterinary Hospital
2. DEVELOPMENT STANDARDS: Except as specified herein and as depicted on the plan titled ""Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
1. Building, parking and pavement setbacks shall be as depicted on the plan titled ""Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003.
2. Sub-Area B shall be designated a H-35 Height District.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. Curbcuts shall be as depicted on the plan titled "Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003. All curbcuts are existing.
2. The Bethel Road, McKitrick Boulevard and Dierker Road parking setbacks shall be maintained in live vegetation. All existing setbacks, landscaping, trees and shrubbery in the existing perimeter setbacks shall be maintained.
3. All existing interior landscaping islands and landscaping internal to the parking lot shall be maintained, other than changes related to the creation of Sub-Area A. Existing landscaping shall satisfy all requirements of Chapter 3342 regarding internal parking lot landscaping.
4. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
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5. The minimum size of trees at the time of planting, if new planting to replace existing trees is needed and for new landscaping areas as indicated, shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
D. Building Design and/or Interior Exterior Treatment Commitments
1. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
2. Primary building materials of existing buildings consist of brick, stone, EIFS and stucco. The same building materials shall be used for any new construction or remodeling.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. All parking lot and ground mounted lighting shall use fully shielded cutoff ixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lihting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in the parking lots shall not exceed a maximum of 40 feet in height, which is the height of existing parking lot light poles. . All parking lot lighting is existing.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures.
5. All new or relocated utility lines within SubArea B shall be installed underground unless the applicable utility company requires or directs otherwise.
6. All lighting shall be positioned as to not be directed toward any residential area.
7. Dumpsters shall be screened from view on all four (4) sides to a
height of six (6) feet.
F. Graphics and Signage Commitments
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area B is flat.
2. Existing Land Use: The property is developed with approximately 145,000+ square foot of retail commercial buildings.
3. Circulation: Access to and from Sub-Area B will be from curbcuts on Bethel Road, Dierker Road and McKitrick Boulevard. All curbcuts are existing.
4. Visual Form of the Environment: Property to the north is developed with residential uses. Sub-Area B abuts McKitrick Boulevard, Bethel Road and Dierker Road to the east, south and west, respectively.
5. Visibility: Sub-Area B is visible from McKitrick Boulevard, Bethel Road and Dierker Road.
6. Proposed Development: Sub-Area B is fully developed at the time of this rezoning.
7. Behavior Patterns: The site is a large existing retail commercial development. Sub-Area B abuts Bethel Road, McKitrick Boulevard and Dierker Road. Vehicular access will be via existing curbcuts from the abutting roads.
8. Emissions: Development on Sub-Area B conforms to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: The existing freestanding building located at the southwest corner of Sub-Area B may be split from the site. Parking may be less than code required parking on the split site, subject to easement(s) for use of parking in the residual area of Sub-Area B.
H. Miscellaneous
N/A
SUB-AREA C
CPD, COMMERCIAL PLANNED DEVELOPMENT DISTRICT (0.75+ ACRES)
DEVELOPMENT TEXT
1. PERMITTED USES: The following uses shall be permitted in Sub-Area C:
All uses of Section 3356.03, C-4, Permitted Uses, except the following:
Adult Book Store, Adult Motion Picture Theater, Adults Only
Entertainment
Animal kennels
Armory
Assembly Hall
Automobile Sales room, new and used vehicle sales
Billboards
Book Bindery
Bowling Alley
Business College
Dance Hall
Drive-in theater
Electric Substation
Funeral Parlor
Hotel and Motel
Ice House
Massage parlor
Motor bus terminal
Newspaper Printing
Off-Premise Graphics, other than as permitted by the Graphics
Commission
Plumbing Shop
Private club
Skating Rink
Stables
Storage Garage
Trade School
Veterinary Hospital
2. DEVELOPMENT STANDARDS: Except as specified herein and as depicted on the plan titled ""Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003, the applicable development standards shall be as specified in the C-4, Commercial District.
A. Density, Height, Lot and/or Setback Commitments.
.
1. Building, parking and pavement setbacks shall be as depicted on the plan titled ""Fuel Facility Plot Plan, Crown Plaza Shopping Center", Sheet 1 of 2 and Sheet 2 of 2 dated 03/06/2003 05/19/2003.
2. Sub-Area B shall be designated a H-35 Height District.
B. Access, Loading, Parking and/or other Traffic Related Commitments.
1. There shall be no direct vehicular access to Bethel Road or McKitrick Boulevard to Sub-Area C. All vehicular access shall be via existing curbcuts in Sub-Area B.
2. Driveway access points, aisles and parking spaces may be divided by property lines without regard to minimum dimensions within Sub-Area C, as long as the overall driveway or aisle dimensions meet minimum code requirements and easements are provided to insure the function of shared driveways and aisles.
3. Sub-Area C is an existing outlot. No parking spaces presently exist in their entirety on Sub-Area C nor will any parking be required to be located on Sub-Area C. Parking is and will be provided for Sub-Area C by easement on Sub-Area B.
C.
4. The Bethel Road and McKitrick Boulevard parking setbacks shall be maintained in live vegetation. All existing setbacks, landscaping, trees and shrubbery in the existing perimeter setbacks shall be maintained.
5. All existing interior landscaping islands and landscaping internal to the parking lot shall be maintained, other than changes related to the creation of Sub-Area A. Existing landscaping shall satisfy all requirements of Chapter 3342 regarding internal parking lot landscaping.
6. All trees and landscaping shall be well maintained. Weather permitting, dead items shall be replaced within six months.
7. The minimum size of trees at the time of planting, if new planting to replace existing trees is needed and for new landscaping areas as indicated, shall be as follows: Deciduous - 2 ½ inches, Ornamental - 1 ½ inches, Evergreen - 5 - 6 feet. The minimum size of shrubs shall be 2 gallon. Caliper shall be measured 6" above grade.
D. Building Design and/or Interior Exterior Treatment Commitments
1. Building illumination shall be permitted provided such light source is concealed. No colored light shall be used to light the exterior of any building.
2. Primary building materials of existing buildings consist of brick, stone, EIFS and stucco. The same building materials shall be used for any new construction or remodeling.
3. Building(s) shall be finished on all sides/elevations with the same level and quality of finish.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments
1. All parking lot and ground mounted lighting shall use fully shielded cut-off fixtures (down lighting), except there may be accent lighting (up lighting) on landscaping in the front of structures and ground signs, provided the fixtures are screened with landscaping to prevent glare.
2. All external outdoor lighting fixtures to be used shall be from the same or similar manufacturer's type to insure aesthetic compatibility.
3. Except for decorative lighting, all other light poles shall be metal or fiberglass and such light poles shall be of the same color. Light poles in Sub-Area C shall not exceed a maximum of 28 feet in height.
4. Building mounted area lighting within the parcel shall utilize fully shielded cut-off style fixtures.
5. All new or relocated utility lines within Sub-Area C shall be installed underground unless the applicable utility company requires or directs otherwise.
6. All lighting shall be positioned as to not be directed toward any residential area.
7. Dumpsters shall be screened from view on all four (4) sides to a height of six (6) feet.
F. Graphics and Signage Commitments
1. All graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District. Any variance to the applicable requirements of the C-4 district shall be submitted to the Columbus Graphics Commission.
G. Other CPD Requirements
1. Natural Environment: The natural environment of Sub-Area C is flat.
2. Existing Land Use: The property is presently developed with a one-story commercial building.
3. Circulation: Access to and from Sub-Area C will be via existing curbcuts located on Sub-Area B.
4. Visual Form of the Environment: Property to the north and west is commercially developed in Sub-Area B. Sub-Area C abuts Bethel Road and McKitrick Boulevard to the east and south.
5. Visibility: Sub-Area C is visible from Bethel Road and Mckitrick Boulevard.
6. Proposed Development: Sub-Area C is presently developed with a commercial building.
7. Behavior Patterns: The site is an existing outlot at a large commercial development. Sub-Area C abuts Bethel Road and, McKitrick Boulevard but has no direct access to either street. Vehicular access will be via existing curbcuts on Sub-Area B.
8. Emissions: Development on Sub-Area C will conform to City of Columbus requirements as further controlled by development standards of this development text for light levels, sounds and dust. There will be no objectionable emissions.
9. Variances: Sub-Area C is an existing outlot. The parcel was split without any code required parking located on the parcel. Parking is presently provided by easement on Sub-Area B. Code required parking for Sub-Area B is reduced to zero (0) subject to use of parking by easement on Sub-Area B. Certain existing parking spaces are bisected by the existing west property line of Sub-Area C.
H. Miscellaneous
N/A
GENERAL PROVISIONS APPLICABLE TO ALL SUBAREAS
SEVERABILITY:
Sub-Areas A, B and C are included together in this one application solely for the purpose of rezoning contiguous property under one application process. At all times in the future, Sub-Areas A, B and C may be rezoned individually, in combination with each other or individually in combination with other abutting land not part of this application at any time in the future.
FORUM FOR VARIANCE:
The Board of Zoning Adjustment shall be the body to hear any and all variance requests to site development standards, unless included in a council variance application, including any and all specific site development standards contained in this ordinance, other than as may be under the jurisdiction of the Columbus Graphics Commission.
Section 2. That a Height District of Thirty-five (35) feet is hereby established on 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 District and Application among the records of the Building Services Division as required by Section 3370.03 of the Columbus City Codes; said text being titled, " DEVELOPMENT TEXT, COMMERCIAL PLANNED DEVELOPMENT TEXT 17± ACRES," and said plans being titled "FUEL FACILITY PLOT PLAN CROWN PLAZA SHOPPING CENTER 2090 BETHEL RD SHEET 1 OF 2 AND 2 OF 2" signed by Donald T. Plank, Attorney for th Applicant, dated May 19, 2003, and reading as follows:
Section 4. That this ordinance shall tak efect and be in force from and after the earliest period allowed by law.