Explanation
Rezoning Application Z13-006
APPLICANT: McDonald's USA, LLC; c/o Lynsey Ondecker, Agent; 1801 Watermark Drive, Suite 150; Columbus, OH 43215.
PROPOSED USE: Expansion of existing restaurant.
DEVELOPMENT COMMISSION RECOMMENDATION: Approval (5-0) on March 14, 2013.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The site is developed with a fast-food restaurant and a parking lot, and is zoned in the L-C-4, Limited Commercial District. The requested CPD, Commercial Planned Development District will allow additions and exterior improvements to the existing restaurant, and modify access, parking, and maneuvering throughout the site. The site is located within the planning area of the Northland Plan Volume I (2001), but it is not within a Subarea that provides land use recommendations. The site is also subject to The Northland Development Standards (1992), which recommend a thirty-foot landscaped setback (building and parking) along arterial streets as well as maximum lot coverage of 85%. Staff does not object to this proposal since the request does not represent a significant change in the existing conditions with respect to open space and setbacks. The CPD text commits to a site plan and elevation drawings, and includes use restrictions, landscaping, street trees, and exterior building material provisions. Variances for building and parking setbacks, and to allow maneuvering and parking spaces to cross a parcel line are included in the request. The request is consistent with the established zoning and development patterns of the area.
Title
To rezone 6221 CLEVELAND AVENUE (43231), being 1.18± acres located at the southwest corner of Cleveland Avenue and Community Park Drive, From: L-C-4, Limited Commercial District, To: CPD, Commercial Planned Development District and to declare an emergency (Rezoning # Z13-006).
Body
WHEREAS, application #Z13-006 is on file with the Department of Building and Zoning Services requesting rezoning of 1.18± acres from L-C-4, Limited CommercialDistrict, 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 is consistent with the established zoning and development patterns of the area, and will allow additions and exterior improvements to an existing restaurant, and modify access, parking, and maneuvering throughout the site; and
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that it is immediately necessary to pass this ordinance to begin construction as soon as possible for the immediate preservation of the public peace, property, health and safety; 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:
6221 CLEVELAND AVENUE (43231), being 1.18± acres located at the southwest corner of Cleveland Avenue and Community Park Drive, and being more particularly described as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus:
TRACT I
Situate in the State of Ohio, the county of Franklin and the Township of Sharon and being all of Lot No. 12 and Lot No. 13 of North Home Acre Park, as the same is shown of record in Plat Book 18, page 20, records of the Recorder's Office. Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pin at the intersection of the southerly line of Community Park Drive, 50 ft. in width with the westerly line of Cleveland Avenue, 60 ft. in width, said point also being the northeasterly corner of the Lot No. 13 of said North Home Acre Park; thence S. 6° 34' W. and along the westerly line of Cleveland Avenue and the easterly line of Lots Nos. 12 and 13, a distance of 87.05 ft. to a point at the southeasterly corner of Lot No. 12 of said Home Acre Park; then N. 83° 26' W. with an interior angle of 90° and along the southerly line of said lot No. 12, a distance of 750 ft. to a point at the southwesterly corner of said Lot No. 12, thence N. 6° 34' E. with an interior angle of 90°and along the westerly line of Lot No. 12 and Lot No. 13 of said North Loge Acre Park a distance of 87.05 ft. to an iron pin at the northwesterly corner of said Lot No. 13 and in the southerly line of Community Park Drive; 8.83° 26' E. with an interior angle of 90° and along the northerly line of said lot No. 13 and along the southerly lines of Community Park Drive a distance of 150 ft. to the place of beginning, the interior angle at the place of beginning being 90°; subject to all easements and restrictions shown of the record; also subject to all legal highways.
TRACT II
Situate in the State of Ohio, the County of Franklin and the Township of Sharon, being all of Lot No. 11 of North Home Acre Park, as the same is shown of record in the Plat Book 18, page 20, records of the Recorder's office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pin the westerly line of Cleveland Avenue at the southeasterly corner of Lot No. 11 of said North Home Acre Park, said iron pin being 131.05 ft. from an iron pin being 131.05 ft. from an iron pin at the intersection of the westerly line of Cleveland Avenue with the southerly line of Community Park Drive; thence from said point of beginning, NO. 83° 26' W. and along the southerly line of Lot No. 11, a distance of 150.0 ft. to an iron pin at the southwesterly corner of said lot; thence N. 6° 34' E. and with an interior angle of 90° and along the westerly line of said lot No. 11, a distance of 44.0 ft. to a point at the north westerly corner of said lot; thence S. 83° 26' E. with an interior angle of 90° and along the northerly line of said Lot No. 11 and the westerly line of Cleveland Avenue, 60 ft. in width, a distance of 44.0 ft. to the place of the beginning; subject to all easements and restrictions shown of record; also subject to all legal highways.
TRACT III
Situated in the State of Ohio, County of Franklin, and Township of Sharon:
Being Lot Number Fifteen (15) of North Home Acre Park Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 18, Page 20, Recorder's Office, Franklin County, Ohio.
TRACT IV
Situated in the State of Ohio, County of Franklin, Township of Sharon: Being a portion of Lot Number Fourteen (14) in North Home Acre Park, as shown of record in Plat Book 18, Page 20, Recorder's Office Franklin County, Ohio and bounded and described as follows:
Beginning at ¾ - inch I.D. Irion pipe set in the proposed south right-of-way line of Community Park Drive in the east line of said Lot No. 14 and in the west line of Lot Number Thirteen (13) in said North Home Acre Park, said Iron pipe being S. 3° 39 ' 52" W a distance of 14.53 feet from a ¾ inch I.D. Iron pipe found in the south line of Community Park Drive (50 feet wide); at the northeast corner of said Lot No. 14 and at the northwest corner of said Lot No. 13;
Thence S. 3° 39' 52" W along a portion of the east line of said Lot No. 14, along a portion of the west line of said Lot No. 13 and along the west lines of Lots Numbers Twelve (12), Eleven (11) and Ten (10) in said North Home Acre Park a distance of 160.47 feet to a ¾ inch I.D. Iron pipe set at the southeast corner of said Lot No. 14, at the southwest corner of said Lot No. 10 and in the north line of Lot Number One Hundred Nineteen (119) in North Home Acre Park Amended Plat No. 2, as shown of record in Plat Book 20, Page 2, Recorder's Office, Franklin County, Ohio:
Thence N. 86° 21' 49" w along the south line of said Lot No. 14 and along a portion of the north line of said Lot No. 119 a distance of 50.00 feet to a ¾ inch I.D. Iron pip set at the southwest corner of said Lot No. 14 and the southeast corner of Lot Number Fifteen (15) in said North Home Acre Park:
Thence N 3° 39' 52" E along a portion of the west line of said Lot No. 14 and along a portion of the east line of said Lot No. 15 a distance of 162.23 feet to a ¾ inch I.D. Iron pipe set in the proposed south right-of-way line of Community Park Drive, said iron pipe being S 3° 39' 52" W a distance of 12.77 feet from a point in the south line of Community Park Drive, at the northwest corner of said Lot No. 14 and the northeast corner of said Lot No. 15;
Thence S 84" 20' 30" E along the proposed south right-of-way line of Community Park Drive and crossing said Lot No. 14 a distance of 50.03 feet to the place of beginning:
Containing 8,068 square feet (=0.185 acre) of land more or less and being subject to all easements and restrictions of record.
The above description was prepared by Richard J. Bull, Ohio Surveyor No. 4723 of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Worthington, Ohio from an actual field survey performed in February, 1993. Basis of bearings is centerline of Community Park Drive at N 86° 21' 49" W as per Sheet 12 of 29 of Ohio Department of Transportation right-of-way plans for FRA-270-15.32.14.
LESS AND EXCEPT the following Tracts A and B conveyed to the City of Columbus, Ohio.
TRACT A
Situated in the State of Ohio, County of Franklin, City of Columbus being in the Southeast Quarter of Section 1, Township 2. Range 18. United States Military Lands and concerning 1997 square feet of land, more or less, being of Lot 13, as sums are designated and delivered upon the recorded plat of North Home Acre Park of record in Plat Book 18, page 20 (all references used in this description refer to the records of the Recorder's office, Franklin County, Ohio) said 1997 square feet being more particularly described as follows:
Beginning at a point in the south right-of-way line of Community Park Drive 50 feet in width, in the north line of Community Park Drive 50 feet in width, in the north line of said Lot 13 also being in the westerly right-of-way of Cleveland Avenue being 61.38 feet left of the centerline of said Cleveland Avenue as shown on the right-of-way plans for FRA-270-18.32 N. Sheet 12 of 29;
Thence S 4" 16' 47" E with the westerly right-of-way line of said Cleveland Avenue a distance of 19.00 feet to a point;
Thence N 84" 20'22" W with a new division line across said Lot 13 a distance of 121.30 feet to a point in the west line of said Lot 18;
Thence N 3"25'49" E with the west Line of said Lot 13 a distance of 14.53 feet to a point in the southerly right-of-way line of said Community Park Drive, the north line of said Lot 13;
thence S 86°23'49" E with the south right-of-way of said Community Park Drive, the north line of said Lot 13 a distance of 118.62 feet so the true point of beginning and containing 1997 square feet of land more or less.
Subject to all restrictions, easements and right-of-ways of previous record.
A bearing of N 86"21'49" W was used on the centerline of Community Park Drive as shown on the right-of-way plans for FRA 270-18.32 N, Sheet 12 of 29.
The above description was prepared by C.F. Bird & R.J. Bull, Inc., consulting Engineers & Surveyors, Worthington, Ohio from field survey information and all available records.
TRACT B
Situated in the State of Ohio, County of Franklin, City of Columbus being in the Southeast Quarter of the Section 1, Township 2, Range 18, United States Military Lands and containing 1277 square feet of land, more or less, being all out of Lots 14 and 15 as some are designated and delineated upon the recorded plat of North Home Acre Park, of record in Plat Book 18, Page 20 (all references used in this description refer to the records of the Recorder's Office , Franklin County, Ohio) said 1271 square feet being more particularly described as follows:
Beginning at the northeast corner of said Lot 14, in the south right-of-way line of Community Park Drive, 50 feet in width;
Thence S 3° 3" 35' 49" W with the east line of said Lot 14 a distance of 14.53 feet to a point;
Thence N 84° 20' 22" W with a new division line across said Lots 14 and 15 a distance of 100.07 feet to a point in the west line of said Lot 35;
Thence N 3" 35' 49" E with the west line of said Lot 15 a distance of 11.00 feet to the northwest corner of said Lot 15 in the South right-of-way line of said Community Park Drive:
Thence S 86" 21" 49" E with the north line of said Lots 15 and 14 the south right-of-way of said Community Park Drive, a distance of 100.00 feet to the true point of beginning and continuing 1277 square feet of land more or less.
Subject to all restrictions, easements and right-of-way of previous record.
A bearing of N 86" 21' 49" W was used on the centerline of Community Park Drive as shown on the right-of-way plans for FRA 270-18.32 N, Sheet 12 of 29.
The above descriptions was prepared by C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Worthington, Ohio from field survey information and all available records.
McDONALD'S LEASED PARCEL
TRACT 1
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEING IN THE SOUTHEAST QUARTER OF SECTION 1 TOWNSHIP 2 RANGE 18 UNITED STATES MILITARY LANDS AND BEING PART OF LOT 10 AS SAME IS DESIGNATED AND DELINEATED ON THE RECORDED PLAT OF NORTH HOME ACRE PARK OF RECORD IN PLAT BOOK 18 PAGE 20 (ALL REFERENCES IN THIS DESCRIPTION ARE TO THE RECORDS IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) CONTAINING 0.065 ACRES OF LAND, MORE OR LESS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT P.K. NAIL SET AT THE NORTHEASTERLY CORNER OF LOT 13 OF SAID SUBDIVISION, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY KUBE IF COMMUNITY PARK DRIVE WITH THE WESTERLY (ORIGINAL) RIGHT-OF-WAY LINE OF CLEVELAND AVENUE AS SHOWN ON SAID PLAT BOOK 18, PAGE 20.
THENCE SOUTH 03° 32' 49" WEST, 130.94 FEET ALONG THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF SAID CLEVELAND AVENUE, BEING 30.00 FEET WESTERLY FROM (AS MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE CENTERLINE OF SAID CLEVELAND AVENUE, AND ALONG THE EASTERLY LINE OF LOTS 13, 12, AND 11 OF SAID SUBDIVISION, TO ¾ HOLLOW IRON PIN FOUND WITHOUT A PLASTIC CAP AT THE SOUTHEASTERLY CORNER OF SAID LOT 11:
THENCE NORTH 86° 22' 41' WEST 16.72 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 11 TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CLEVELAND AVENUE, THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00" 08" 27" WEST 21.04 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT;
THENCE NORTH 86" 22" 21" WEST 134.75 FEET CROSSING SAID LOT 10, TO A POINT ON THE WESTERLY LINE OF SAID LOT AND THE EASTERLY LINE OF LOT 14 OF SAID SUBDIVISION;
THENCE NORTH 03" 37' 43" EAST 21.00 FEET, ALONG THE COMMON LINE BETWEEN SAID LOTS 10 AND 14, TO AN IRON PIN FOUND CAPPED "BIRD AND BULL" AT THE SOUTHWESTERLY CORNER OF SAID LOT 11:
THENCE SOUTH 86" 22" 41" EAST 133.47 FEEET ALONG THE COMMON BETWEEN SAID LOTS 10 AND 11 TO THE TRUE POINT OF BEGINNING, CONTAINING 0.065 ACRES OF LAND, MORE OR LESS.
TRACT 2
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEININ THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2, RANGE 18, UNITED STATES MILITARY LANDS AND BEING ALL OF LOT 16 AMD PART OF THE LAST HALF OF LOT 76 AS SAME ARE DESIGNATED AND DELINEATED ON THE RECORDED PLAT OF NORTH HOME ACRE PARK OF RECORDED IN PLAT BOOK 18, PAGE 20 (ALL REFERENCES IN THIS DESCRIPTION ARE TO THE RECORDS IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO CONTAINING 0.402 ACRES OF LAND, MORE OR LESS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT THE NORTHEASTERLY CORNER OF LOT 13 OF SAID NORTH HOME ACRE PARK BEING THE ORIGINAL INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF COMMUNITY PARK DRIVE WITH THE WESTERLY RIGHT-OF-WAY LINE OF CLEVELAND AVENUE AS SHOWN ON SAID PLAT, ALSO BEING THE NORTHEASTERLY CORNER OF THAT 0.069 ACRE TRACT DESCRIBED IN A DEED TO THE CITY OF COLUMBUS IN O.R 33171 E17:
THENCE NORTH 86" 21" 49" WEST 250.00 FEET ALONG THE ORIGINAL SOUTHERLY RIGHT-OF-WAY LINE OF COMMUNITY PARK DRIVE AND BEING ALONG THE NORTHERLY LIND OF SAND 0.069 ACRE TRACT AND NORTHERLY LINES OF THAT 1,997 SQ. FT. TRACT DESCRIBED IN A DEED TO THE CITY OF COLUMBUS IN O.R. 24699 D15 AND THAT 1,277 SQ FT. TRACT DESCRIBED IN A DEED TO THE CITY OF COLUMBUS RECORDED IN O.R. 24699 D19 TO AN IRON PIN SET AT THE NORTHEASTERLY CORNER OF SAID LOT 16, THE TRUE POINT OF BEGINNING;
THENCE SOUTH 03" 32' 36" WEST 175.07 FEET BEING ALONG THE EASTERLY LINE OF SAID LOT 16 AND BEING ALONG THE WESTERLY LINE OF SAID 1,277 SQ FT. TRACT AND ALONG THE WESTERLY LINE OF LOT 15 OF SAND NORTH HOME ACRE PARK TO THE SOUTHEASTERLY CORNER OF SAID LOT 16 AND A ½ HOLLOW IRON PIN FOUND(0.5' BELOW GRADE) AND BEING ON THE NORTHERLY LINE OF LOT 119 AS SAME IS DESIGNATED AND DELINEATED ON THE RECORDED PLAT OF NORTH HOME ACRE PARK AMENDED PLAT NO. 2 OF RECORDED PLAT BOOK 20, PAGE 2;
THENCE NORTH 85" 25' 02" WEST 100.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT 119 AND THE SOUTHERN LINE OF SAID LOT 16 AND THE WESTERLY EXTENSION THEREOF, TO AN IRON PIN SET BEING ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID LOT 76 AS DESCRIBED IN DEED TO WALTER G. REINER OF RECORDED DEED BOOK 3615, PAGE 188;
THENCE NORTH 03" 32' 36" EAST 175.16 FEET, ALONG THE WESTERLY LINE OF THE EASTERLY HALF OF SAND LOT 76, AND ALONG THE EASTERLY LINE OF MATTHEW D. MCGEE OF RECORD IN INSTRUMENT NO. 200701190011462, TO AN IRON PIN ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COMMUNITY PARK DRIVE (50' R/W IN PLAT BOOK 18, PAGE 20);
THENCE SOUTH 86" 21' 49" EAST 100.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND NORTHERLY LINES OF SAID LOTS 76 AND 16 TO THE POINT OF BEGINNING, CONTAINING 0.402 ACRES OF LAND MORE OR LESS.
NOTE: BEARINGS ARE USED FOR THE DETERMINATION OF ANGLES ONLY. FOR THE PURPOSE OF THIS DESCRIPTION, A BEARING OF SOUTH 86" 21' 49" EAST WAS USED ON THE CENTERLINE OF COMMUNITY PARK DRIVE AS SHOWN FOR RECORD ON O.D.O.T. RIGHT-OF-WAY PLANS FRA-270-18.32N AND ALL OTHER BEARINGS WERE CALCULATED FROM THE MERIDIAN. THE 5'8" REBARS SET ARE 30" LONG WITH YELLOW PLASTIC CAPS STAMPED "SITE ENG INC."
To Rezone From: L-C-4, Limited CommercialDistrict
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 Building and Zoning Services be, and is hereby authorized and directed to make the said change on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development District and Application among the records of the Department of Building and Zoning Services as required by Section 3311.12 of the Columbus City Codes; said plans being titled, "SITE PLAN - SHEET C-111," dated March 19, 2013, and signed by Darrin Kotecki, Professional Enigenner, and "EXTERIOR ELEVATIONS -SHEETS A2.0 & A2.1," dated March 19, 2013, and signed by Mark Salopek, Architect, and text titled, "CPD, COMMERCIAL PLANNED DEVELOPMENT," dated March 21, 2013, and signed by Mark Hartel, Agent for the Owner, and the text reading as follows:
CPD, Commercial Planned Development
6221 Cleveland Avenue
Columbus, OH 43231
PROPOSED DISTRICT: CPD, Commercial Planned Development
EXISTING DISTRICT: C-4, H-35
ACRES: 1.18 +/- acres
PROPERTY ADDRESS: 6221 Cleveland Avenue, Columbus, OH 43231
OWNER(S): McDonald's USA, LLC
147 North High Street
Columbus, OH 43219
APPLICANT: McDonald's USA, LLC
2 Easton Oval, Suite 200
Columbus, OH 43219
DATE OF TEXT: March 21, 2013
APPLICATION NUMBER: Z13-006/13335-00000-00062
INTRODUCTION: The site for rezoning is located in the southwest corner of the intersection of Community Park Drive and Cleveland Avenue. The existing site is a McDonald's Restaurant and is approximately 1.18 acres. This is a highly commercialized intersection. North of the McDonald's site and Community Park Drive is a retail store and restaurant zoned CPD. On the northeast side of the intersection is an office park, zoned C4. The property to the west and south of McDonald's serves as a parking lot and restaurant and is also commercial and zoned LC4. Currently the traffic enters the site from Community Park Drive and southbound traffic on Cleveland Avenue. After rezoning is complete, the existing McDonald's Restaurant will be remodeled to update the building. The proposed remodel project consists of a rear, front, and kitchen addition to the existing building. The 12 foot front addition will add more space to the dining and ordering area. The kitchen area will gain approximately 111 square feet of area to allow more room for efficient operations. The 358 square foot addition to the rear of the building will be used for freezer and cooler space. The existing freezer/cooler area inside the building will be converted into more dry storage space/support room. There will be interior and exterior improvement on the building to provide McDonald's new branding image and enhance the appearance of the site. The building and site will be brought into conformance with the most current ADA standards. With these additions and modifications, the McDonald's site will now be expanding west into the lease area as shown on the site plan.
1. PERMITTED USES: With a CPD, commercial planned development district, no buildings nor premises shall be used and no buildings shall be erected which are arranged, intended, or designed to be used for other than a use permitted in the C-4 commercial district. The standards applicable in those districts shall not be applicable to uses permitted in the CPD, commercial planned district, except as they may be contained in the development plan as ultimately approved. The following uses are specifically prohibited and shall not be permitted on the property:
Assembly Hall
Auto rental, new or used
Auto repair (Garage)
Auto sales, new or used
Bar
Billboards, except for the one two-faced presently located on the premises
Bowling Alley
Business college
Cabaret
Cellular Telephone Towers
Commercial radio transmission or television station or appurtenances
Dance halls
Electric substation
Filling station
Funeral Parlor
Hospital (public/private)
Hotel
Motel
Motion picture theater
Motor bus terminal
Newspaper printing
Night club
Off premise graphics
Pool Hall
Private club
Public parking for pay
Skating rink
Telephone substation
Testing or experimental laboratory
Trade School
2. DEVELOPMENT STANDARDS: Unless otherwise specified in the following Development Standards, the Development Standards shall be as specified in Chapter 3356 of Columbus City Code (C-4, Commercial District), Chapter 3312, Off-Street Parking and Loading and Chapter 3321, General Site Development Standards.
A. Density, Lot and/or Setback Commitments.
1. For structures and paved areas lot coverage shall not exceed ninety percent (90%).
2. Building setback from Community Park Drive shall be a minimum of 25 feet. Parking setback from Community Park Drive shall be a minimum of 4 feet.
3. Building setback from Cleveland Ave shall be a minimum of 40 feet. Parking setback from Cleveland Avenue shall be a minimum of 10 feet.
4. Height District shall be H-35, with a maximum absolute height, as defined (3303.08, Letter H., "Height") of thirty-five feet (35) feet.
B. Access, Loading, Parking, and/or Other Traffic Related Commitments.
1. There shall be a single, full-turning movement curbcut that will provide access to Community Park Drive for this site and the properties to the south of this site. Applicable easements for use and maintenance of the curbcut shall be provided between the property owners.
2. There shall be a single, right-out only curb cut that will provide access to exiting vehicles onto Cleveland Avenue.
C. Buffering, Landscaping, Open Space and/or Screening Commitments.
1. Street trees shall be provided along Cleveland Ave at the rate of one (1) tree for every forty (40) lineal feet of street frontage, excepting the driveway pavement.
2. Site landscaping shall be provided as depicted on the Site Plan.
D. Building Interior-Exterior Commitments.
1. The primary exterior building materials shall be brick and cultured stone, or comparable, as depicted on the Exterior Elevations - Sheets A2.0 and A2.1.
E. Dumpsters, Lighting, Outdoor Display Areas and/or Other Environmental Commitments.
1. Wiring within the site shall be underground.
F. Graphics and/or Signage Commitments.
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 Commercial District. Any variance to the sign requirements shall be submitted to the Columbus Graphics Commission for consideration.
G. Miscellaneous Commitments.
1. The site shall be developed in general conformance with the attached CPD Site Plan - Sheet C-111 and Exterior Elevations - Sheets A2.0 and A2.1. The plans may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering plans are completed. Any slight adjustment to the plans is subject to review and approval by the Director of the Department of Building and Zoning Services or his designee, upon submission of the appropriate data regarding the proposed adjustment.
2. Variances Requested:
a. Variance to Section 3312.27(4), Parking setback line, to reduce the parking setback from ten (10) feet to four (4) feet along Community Park Drive.
b. Variance to Section 3356(A)(2), C-4 district setback lines, to reduce building setback along Cleveland Avenue from 60 feet to 40 feet.
c. Variance to Section 3312.25 to allow maneuvering and parking spaces to cross parcel lines as the two (2) parcels cannot be combined into one parcel.
H. CPD Criteria.
1. Natural Environment: The natural environment of the site is flat with the grade declining to the southwest corner. The site is located south of I-270.
2. Existing Land Use: The site is an existing McDonald's Restaurant and parking lot.
3. Circulation: Access to and from the site will be via a shared full turning movement curb cut on Community Park and a right-out only curb cut on Cleveland Avenue. The properties to the south shall have access to the Community Park curb cut by easement.
4. Visual Form of the Environment: The site is surrounded by commercially zoned properties. The McDonald's Restaurant remodel and parking lot adjustments will continue the pattern of redevelopment in the area. This redevelopment will bring an inviting, modern, and energetic environment to the Northland Community, which could aid in redevelopment in the surrounding area.
5. Visibility: located in the southwest corner of the intersection of Community Park Drive and Cleveland Avenue.
6. Proposed Development: Rezoning to CPD to permit development of a McDonald's Restaurant and accessory uses, as depicted on the submitted site plan.
7. Behavior Patterns: Vehicular access onto the site will be from Community Park Drive. The proposed development will not adversely impact the current behavior patterns of the surrounding area and roadway network
8. Emissions: Development 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.
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.