Explanation
Council Variance Application CV24-120
APPLICANT: Crus3 LLC; c/o Jackson B. Reynolds III, Atty.; 37 West Broad Street, Suite 460; Columbus, OH 43215.
PROPOSED USE: Drive-in business.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site consists of a 0.21± acre portion of a larger 16.24± acre parcel developed with retail shopping center in the CAC, Community Activity Center. The requested variance will allow a drive-in retail coffee shop. Before the site was zoned in the CAC district as part of the Zone-In Columbus initiative, effective August 28, 2024, the property was zoned CPD, Commercial Planned Development District, and the applicant filed a final site compliance plan demonstrating the proposed use prior to the effective date of the CAC district. That CPD district only allowed C-4 uses, and therefore requires a Council variance to allow the proposed use, which is considered a C-5, Commercial District use. Review of the site plan will continue under Title 33 Zoning Code requirements should this variance be approved. The site is located within the boundaries of The Northwest Plan (2016), which recommends “Commercial (Community)” land uses at this location. The proposal is not considered to be an introduction of an incompatible use to the existing shopping center development which contains auto-oriented uses, and is consistent with the Plan's land use recommendation.
Title
To grant a Variance from the provisions of Sections 3356.03, C-4 permitted uses; 3361.02, Permitted uses; and 3361.03, Development plan, for the property located at 2062 CROWN PLAZA DR. (43235), to allow a drive-in business in the CPD, Commercial Planned Development District (Council Variance #CV24-120).
Body
WHEREAS, by application #CV24-120, the owner of property at 2062 CROWN PLAZA DR. (43235), is requesting a Council variance to allow a drive-in business in the CPD, Commercial Planned Development District; and
WHEREAS, by Ordinance #1598-2003 (Rezoning Application Z02-113), the CPD, Commercial Planned Development District only permits uses of the C-4, Commercial District; and
WHEREAS, Section 3356.03, C-4 permitted uses, does not allow drive-in businesses, while the applicant proposes an such use on the subject site; and
WHEREAS, Section 3361.02, Permitted uses, prohibits C-5 commercial district uses in this CPD district, while the applicant proposes a drive-in business, a C-5 district use, on the subject site; and
WHEREAS, Section 3361.03(D), Development plan, reports the overall concept of a proposed development, which for this property specifically permits only C-4, Commercial District uses, while the applicant proposes a drive-in business which is a C-5, Commercial District use; and,
WHEREAS, City Departments recommend approval because the requested variance will allow a drive-in business that is not considered to be an introduction of an incompatible use to the existing shopping center development, and is consistent with The Northwest Plan’s land use recommendation; and
WHEREAS, said ordinance requires separate submission for all applicable permits and a Certificate of Occupancy for the proposed development; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2062 CROWN PLAZA DR. (43235), in using said property as desired; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Sections 3356.03, C-4 permitted uses; 3361.02, Permitted uses; and 3361.03, Development plan, is hereby granted for the property located at 2062 CROWN PLAZA DR. (43235), insofar as said sections prohibit a drive-in business in the CPD, Commercial Planned Development District; said property being more particularly described as follows:
2062 CROWN PLAZA DR. (43235), being 0.21± acres located at the northeast corner of Bethel Road and Dierker Road, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2 North, Range 19 West, United States Military Lands and being a 0.212 acre lease area through a portion of a 16.236 acre tract of land conveyed to Brixmor Holdings I SPE, LLC, by deeds of record in Instrument No. 200709190164757 and Instrument No. 201410030131223, all records referenced to the Recorder’s Office, Franklin County, Ohio, said lease area bounded and described as follows:
Beginning at a point within said 16.236 acre tract, said point being N 62⁰ 49’ 30” W a distance of 171.10 feet from a point at a southeast corner of said 16.236 acre tract, from the southwest corner of a 0.750 acre tract of land conveyed to CBR Group, LLC, by deed of record in Instrument No. 201001200007163, and being in the north line of a 0.689 acre tract of land conveyed, for Bethel Road roadway purposes, to The City of Columbus, by deed of record in Official Record 6311, Page E 13;
thence crossing portions of said 16.236 acre tract the following four (4) courses and distances:
1. N 86⁰ 29’ 32” W a distance of 102.77 feet to a point;
2. N 03⁰ 30’ 28” E a distance of 89.94 feet to a point;
3. S 86⁰ 29’ 32” E a distance of 102.77 feet to a point;
4. S 03⁰ 30’ 28” W a distance of 89.94 feet to the place of beginning;
containing 9,243 square feet (= 0.212 acre) of land, more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of V3 Companies, Ltd. (formerly Bird + Bull, Inc.), Consulting Engineers & Surveyors, Columbus, Ohio from best available Court House research, in February, 2025. Basis of bearings is the centerline of Bethel Road, being N 86° 28' 52" W, as shown upon the plat of McKitrick Estates Section 5, of record in Plat Book 55, Pg. 13, Recorder's Office, Franklin County, Ohio, and all other bearings are based upon this meridian.
Property Address: 2062 Crown Plaza Drive, Columbus, OH 43235
Parcel Number: Part of 590-183775
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a drive-in business, or those uses permitted in the CAC, Community Activity Center District.
SECTION 3. That this ordinance is further conditioned on the subject site being developed in general conformance with the site plan titled, "FINAL SITE PLAN" dated May 1, 2025, and signed by Jackson B. Reynolds, III, Attorney for the Applicant. The plan may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustments to the plan shall be subject to review and approval by the Director of the Department Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed development.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.