Explanation
Rezoning Application # Z07-034
APPLICANT: RGM Real Estate, LLC; c/o Sean Mentel, Atty.; 175 South Third Street, Suite 800; Columbus, OH 43215.
PROPOSED USE: Coffee shop.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on December 13, 2007.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The requested CPD, Commercial Planned Development District will conform a coffee shop that was permitted and constructed in Perry Township. The site was annexed into Columbus in September 2007. The site is located within the planning area of The Northwest Plan (2007) which recommends that commercial development fronting on Bethel Road should adhere to the Bethel Road Development Standards (1990). The proposal establishes development standards that substantially comply with the Standards and that are consistent with surrounding commercial development.
Title
To rezone 965 BETHEL ROAD (43214), being 0.45± acres located on the south side of Bethel Road, 250± feet west of Jasonway Avenue, From: R, Rural District, To: CPD, Commercial Planned Development District (Rezoning # Z07-034).
Body
WHEREAS, application #Z07-034 is on file with the Building Services Division of the Department of Development requesting rezoning of 0.45± acres from R, Rural District to CPD, Commercial Planned Development District; and
WHEREAS, the Development Commission recommends approval of said zoning change; and
WHEREAS, the City Departments recommend approval of said zoning change because the requested CPD, Commercial Planned Development District will conform a coffee shop that was recently annexed into the City of Columbus. The proposal contains development standards that substantially comply with the Bethel Road Development Standards (1990), and are consistent with the surrounding commercial development, 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:
965 BETHEL ROAD (43214), being 0.45± acres located on the south side of Bethel Road, 250± feet west of Jasonway Avenue, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, Township of Perry, located in Quarter Township 1, Township 1, Range 19, United State Military Lands, being all of that 0.454-acre tract described in a deed to RGM Real Estate, LLC, of record in Instrument Number (I.N.) 200106290148084, all references herein being to the records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the southwesterly corner of said 0.454-acre tract and at an angle point in the existing City of Columbus Corporation Line, established by Ordinance No. 2601-98 and filed for record in I.N. 199812110320537;
Thence Northerly, along said Corporation Line, a distance of approximately 235 feet to an angle point in the Corporation Line established by Ordinance No. 1952-93 and filed for record in Official Record Volume 24303, Page H02;
Thence Easterly, along said Corporation Line, a distance of approximately 84 feet to an angle point;
Thence Southerly, along said Corporation Line, and along corporation Line established by Ordinance No. 457-94 and filed for record in Official Record Volume 26438, Page A01, a distance of approximately 228 feet to the southeasterly corner of said 0.454-acre tract,
Thence Westerly, along the southerly line of said 0.454-acre tract, a distance of approximately 86 feet to the place of beginning and containing 0.454 acre of land, more or less.
This description was prepared by M•E Companies, Inc., based on information of the Franklin County Engineer's and Recorder's Offices.
To Rezone From: R, Rural 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 plan being titled, "STARBUCKS," signed by Todd M. Parker, Architect, dated September 22, 2008, and text titled, " COMMERCIAL PLANNED DEVELOPMENT TEXT," signed by Sean Mentel, Attorney for the Applicant, dated October 17, 2008, and the text reading as follows:
COMMERCIAL PLANNED DEVELOPMENT TEXT
965 Bethel Road
PROPOSED DISTRICT: CPD, Commercial Planned Development District
PROPERTY ADDRESS: 965 Bethel Road
OWNER: RGM Real Estate, LLC
APPLICANT: Same as Owner
DATE OF TEXT: October 17, 2008
APPLICATION NUMBER: Z07-034
1. INTRODUCTION: This parcel is part of an unincorporated island of Perry Township located on Bethel Road. The parcel is being annexed into the City of Columbus as a condition of the provision of utility services by the City of Columbus. The planned development is a coffee shop with no additional curb cut, but an additional access point through an ingress/egress easement to Jasonway Avenue. The development on this site is in general conformity with the Bethel Road Development Standards and the Northwest Plan.
2. PERMITTED USES: The following uses shall be permitted: Those uses listed in Chapter 3356 (C-4, Community Scale Commercial Development) of the Columbus City Code.
The following uses are prohibited:
a. Automobile salesroom, new or used car lot, motor vehicle sales or leasing
b. Billboards
c. Bowling alley
d. Commercial radio transmitting or television station appurtenances
e. Funeral parlor
f. Animal Shelters
3. DEVELOPMENT STANDARDS: Except as otherwise noted above and therein, the applicable development standards of Chapter 3356, C-4, shall apply.
A. Density, height, Lot, and/or Setback Commitments.
1. Setback (build-to lines) from Bethel Road shall be 25 feet for all buildings, loading and maneuvering areas.
2. The setback from Bethel Road shall be 10 feet for all parking areas.
3. The height district shall be 35'.
4. Attached is the plan titled "Starbucks". All development shall be in general conformance with the "Starbucks" plan.
5. The maximum density of this area shall not exceed 5,000 square feet of building per acre.
6. Lot coverage, including buildings, parking and service areas shall not exceed 85% of the lot area.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. Applicant will extend a lane west on Bethel Road to install a right turn lane.
2. Drive-through windows shall be permitted within the area provided that a drive-through window is not fronting Bethel Road.
3. The following parking ratios shall be provided unless varied by the Board of Zoning
Adjustment:
Retail 1 parking space for every 250 sq. ft. of gross floor area
Restaurant 1 parking space for every 105 sq. ft. of gross floor area
Office (general and medical) 1 parking space for every 333 sq. ft. of gross floor area.
3. Parking is to be delineated with permanent pavement marking at the rear of the lot as shown on the CPD plan.
4. All improvements are to be completed within one year of the effective date of the rezoning, unless an extension is granted by the Public Service Director.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. Landscaping shall be uniform in design and type of materials. It may vary in density, spacing and other treatments to reflect variations in topography, existing landscape or land uses.
2. For parking area along Bethel Road a minimum screening of 30 inches shall be maintained along the frontage for the screening of auto headlights as measured from the elevation of the nearest section of an adjacent parking area. Such screening can be accomplished by the use of mounding, brick or stone structure, or other landscaping materials.
D. Dumpsters, Lighting, Outdoor display areas and/or other environmental commitments.
1. All external lighting in the area shall be cut-off type (down lighting) or decorative fixtures and shall provide no light spillage to offsite parcels. Buildings and landscaping at entry location may be up-lit or down-lit provided that landscaping lighting does not spill over into the public right-of-way.
2. All external outdoor lighting fixtures shall be from the same or similar manufacturer's type to insure compatibility. All light poles and standards shall be dark in color and shall either be constructed of dark wood or dark metal.
3. Parking lot lighting standards shall not exceed 20 feet in height.
4. All new or relocated utility lines shall be installed underground.
5. Mechanical equipment or other utility hardware on the roof of a building shall be screened from view from ground level by same materials utilized on building's roof or exterior. Color shall also match building exterior or roof. Mechanical and all other equipment on the ground shall be fully screened from view from ground level by wall, fence or landscape material utilizing the same material or character of the building.
E. Graphics and Signage Commitments.
1. All sign frames, poles and supports shall be dark in color and constructed of dark wood or dark metal.
2. Any directory signs shall be more than 25 feet from the right-of-way so as not to impede vehicular traffic.
3. Excepting the above provisions, all signage and graphics shall conform to Article 15 of the Columbus City Code, as it applies to the C-4, Commercial District classification and any variance to those requirements shall be submitted to the Columbus Graphics Commission.
F. Variances Required
1. A variance to section 3342.07 to allow a drive-in stacking area without an exclusive by-pass lane.
2. A variance to section 3342.28 to allow a minimum of 16 parking spaces.
3. A variance to section 3356.11 to allow a building setback of 25 feet.
G. Miscellaneous Commitments
Natural Environment
The site is a coffee shop and is located on the south side of Bethel Road.
Existing Land Use
The site is presently a coffee shop.
Circulation
Access to the site will be from Bethel Road and an ingress/egress easement through the CVS parking lot to Jasonway Avenue.
Visual form of the Environment
The front of the structure has a brick exterior and the sides and back are stucco. The landscaping is in conformance with this CPD text and depicted on the site plan. The project is aesthetically pleasing and provides adequate visibility from Bethel Road.
View and Visibility
This is currently an aesthetically pleasing property, consistent with surrounding developments.
Proposed Development
The size, type and character of the proposed development will meet the zoning, land use and standards set forth in this development text.
Behavior Patterns
Primary access to this site shall be from Bethel Road. The access will be consistent with surrounding developments on Bethel Road with the added access to Jason Way.
Emissions
Other than is provided above and is customary for comparable land uses, the site will not generate measurable levels of light, sound, smell or dust. Trash from coffee shop is contained within a dumpster, situated to the satisfaction of the Division of Refuse Collection.
The Subject Site shall be developed in accordance with the site plan. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and when engineering plans are completed. Any slight adjustment to the plan shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.